Senate Bill 0284

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    Florida Senate - 2000                                   SB 284

    By Senator Campbell





    33-29-00

  1                      A bill to be entitled

  2         An act relating to culpable negligence;

  3         creating s. 812.0301, 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 does not constitute a

10         defense to the offense; providing for

11         prosecuting such offenses; providing

12         applicability; providing an effective date.

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

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16         Section 1.  Section 812.0301, Florida Statutes, is

17  created to read:

18         812.0301  Culpable negligence causing public financial

19  injury.--

20         (1)  For purposes of this act, the term:

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

22  and flagrant character which evinces a reckless disregard for

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

24  that the offender was indifferent to the consequences of his

25  or her action or inaction.

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

27  812.012, which is owned by the state, except funds held by the

28  state for investment purposes, including public employee

29  retirement or pension funds.

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    Florida Senate - 2000                                   SB 284
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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 that 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 ss. 775.082 and 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 ss. 775.082, 775.083, and 775.084.

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

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

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

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    Florida Senate - 2000                                   SB 284
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  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,

  6  any state attorney, or any state agency having jurisdiction

  7  over conduct in violation of a provision of ss.

  8  812.012-812.037 or s. 812.081 may institute civil proceedings

  9  under this section.

10         (5)  A person cannot be found guilty of culpable

11  negligence when:

12         (a)  Such person has a contract with the state and is

13  in compliance with the terms of the contract; or

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

15  that person following an express directive of the Legislature

16  or a state agency rule.

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

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

19  date.

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22                       LEGISLATIVE SUMMARY

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      Specifies the offense of culpable negligence causing
24    public financial injury and the elements of the offense
      and provides criminal penalties. Requires state contracts
25    to provide notice of the elements of such offense and
      provides that failure to provide such notice constitutes
26    a defense.

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