SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:

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13         Senate Amendment 

14         On page 7, line 15, through page 8, line 15, delete

15  those lines

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17  and insert:

18         4.  In any proceeding under this section, the person to

19  whom notice was given department shall be required to prove

20  that there is a substantial it is in the public purpose or

21  interest justifying the removal of the name of for the person

22  to whom it has given notice under this section to be placed on

23  from the convicted vendor list. Proof of a conviction of the

24  person or that one is an affiliate of such person shall

25  constitute a prima facie case that it is in the public

26  interest for the person or affiliate to whom the department

27  has given notice to be put on the convicted vendor list.

28  Prompt payment of damages or posting of a bond, cooperation

29  with investigation, and termination of the employment or other

30  relationship with the employee or other natural person

31  responsible for the public entity crime shall create a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 946

    Amendment No.    





 1  rebuttable presumption that it is not in the public interest

 2  to place a person or affiliate on the convicted vendor list.

 3  Status as an affiliate must be proven by clear and convincing

 4  evidence. If the administrative law judge determines that the

 5  person was not convicted or is not an affiliate of such

 6  person, that person or affiliate shall be removed from not be

 7  placed on the convicted vendor list.

 8         5.  Any person or affiliate who has been notified by

 9  the department of its intent to place his or her name on the

10  convicted vendor list may offer evidence on any relevant

11  issue. An affidavit alone shall not constitute competent

12  substantial evidence that the person has not been convicted or

13  is not an affiliate of a person so convicted.  Upon

14  establishment of a prima facie case that it is in the public

15  interest for the person or affiliate to whom the department

16  has given notice to be put on the convicted vendor list, that

17  person or affiliate may prove by a preponderance of the

18  evidence that it would not be in the public interest to put

19  him or her on the convicted vendor list, based upon evidence

20  addressing the factors in subparagraph 3. 

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