House Bill 0119

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    Florida House of Representatives - 2000                 HB 119

        By Representative Argenziano






  1                      A bill to be entitled

  2         An act relating to culpable negligence;

  3         creating s. 812.0305, F.S.; providing

  4         definitions; specifying the offense of culpable

  5         negligence causing public financial injury;

  6         specifying elements of the offense; providing

  7         penalties; requiring certain notice in certain

  8         state contracts; specifying that failure to

  9         provide such notice constitutes a defense to

10         the offense; providing for prosecuting such

11         offenses; specifying conditions under which a

12         person cannot be found guilty of such offense;

13         providing applicability; providing an effective

14         date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 812.0305, Florida Statutes, is

19  created to read:

20         812.0305  Culpable negligence causing public financial

21  injury.--

22         (1)  For purposes of this section:

23         (a)  "Culpable negligence" means negligence of a gross

24  and flagrant character which evinces a reckless disregard for

25  public property and is so outrageous as to raise a presumption

26  that the offender was indifferent to the consequences of his

27  or her action or inaction.

28         (b)  "Public property" means property, as defined in s.

29  812.012, which is owned by the state, except funds held by the

30  state for investment purposes, including public employee

31  retirement or pension funds.

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    Florida House of Representatives - 2000                 HB 119

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  1         (c)  "State" means the state, any agency of the state,

  2  any political subdivision of the state, or any agency of a

  3  political subdivision of the state.

  4         (2)(a)  A person commits the offense of culpable

  5  negligence causing public financial injury if the state has

  6  entrusted public property to such person and the person

  7  through culpable negligence causes losses, or through inaction

  8  allows losses, in the value of such property of $100,000 or

  9  more in any 12-month period or contract period, whichever is

10  longer. For purposes of this paragraph, the term:

11         1.  "Entrust" means giving custody or control, by any

12  means, to a person or, in the case of a legal entity, to that

13  entity's officers, directors, employees, or agents who have

14  managerial authority over the public property or who could

15  otherwise prevent financial injury, regardless of the

16  existence of a fiduciary relationship.

17         2.  "Causes losses, or through inaction allows losses,"

18  means acting or failing to act under circumstances which would

19  indicate that a loss of value would occur when such a loss

20  could reasonably be foreseen and prevented, even though the

21  loss was not actually intended.

22         (b)  If the loss is valued at $100,000 or more, but

23  less than $500,000, the offense is a misdemeanor of the first

24  degree, punishable as provided in s. 775.082 or s. 775.083.

25         (c)  If the loss is valued at $500,000 or more, the

26  offense is a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         (3)  Any state contract with a contract value of

29  $50,000 or more must include notice of the provisions of

30  subsection (2). Failure to provide this notice shall

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    Florida House of Representatives - 2000                 HB 119

    576-139-00






  1  constitute a defense to the crime of culpable negligence

  2  causing public financial injury.

  3         (4)  Prosecutions for violations of this section may be

  4  brought on behalf of the state by any state attorney or by the

  5  statewide prosecutor. Only the Department of Legal Affairs, a

  6  state attorney, or a state agency having jurisdiction over

  7  conduct in violation of a provision of ss. 812.012-812.037 or

  8  s. 812.081 may institute civil proceedings under this section.

  9         (5)  A person does not commit the offense of culpable

10  negligence causing public financial injury when:

11         (a)  The person has a contract with the state and is in

12  compliance with the terms of the contract; or

13         (b)  The loss of public property directly results from

14  the person following an express directive of the Legislature

15  or a state agency rule.

16         Section 2.  This act shall take effect July 1, 2000,

17  and applies to acts or omissions that occur on or after that

18  date.

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20            *****************************************

21                          HOUSE SUMMARY

22
      Specifies the offense of culpable negligence causing
23    public financial injury. Specifies elements of the
      offense, and provides penalties for the offense. Requires
24    certain notice in certain state contracts, and specifies
      that failure to provide such notice constitutes a defense
25    to the offense. Provides for prosecuting such offenses.
      Specifies conditions under which a person cannot be found
26    guilty of such offense. See bill for details.

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