HB 1145

1	A bill to be entitled
2	An act relating to the Legislature; amending s. 11.143,
3	F.S.; eliminating authority for members of a legislative
4	committee to administer certain oaths and affirmations to
5	witnesses; eliminating penalties for false swearing before
6	a legislative committee; conforming to the creation of new
7	provision relating to oaths and affirmations before a
8	legislative committee; creating s. 11.1435, F.S.;
9	requiring persons who address a legislative committee to
10	take an oath or affirmation of truthfulness; providing
11	exceptions; requiring a member of the legislative
12	committee to administer the oath or affirmation; providing
13	criminal penalties for certain false statements before a
14	legislative committee; authorizing the use of a signed
15	appearance card in lieu of an oral oath or affirmation;
16	prescribing conditions related to the use of the card;
17	providing for penalties for making a false statement after
18	signing the card; providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 11.143, Florida Statutes, is amended to
23	read:
24	11.143  Standing or select committees; powers.--
25	(1)(a)  Each standing or select committee, or subcommittee
26	thereof, is authorized to invite public officials and employees
27	and private individuals to appear before the committee for the
28	purpose of submitting information to it.
29	(b)  Each such committee is authorized to maintain a
30	continuous review of the work of the state agencies concerned
31	with its subject area and the performance of the functions of
32	government within each such subject area and for this purpose to
33	request reports from time to time, in such form as the committee
34	designates, concerning the operation of any state agency and
35	presenting any proposal or recommendation such agency may have
36	with regard to existing laws or proposed legislation in its
37	subject area.
38	(2)  In order to carry out its duties, each such committee
39	is empowered with the right and authority to inspect and
40	investigate the books, records, papers, documents, data,
41	operation, and physical plant of any public agency in this
42	state, including any confidential information.
43	(3)(a)  In order to carry out its duties, each such
44	committee, whenever required, may issue subpoena and other
45	necessary process to compel the attendance of witnesses before
46	such committee, and the chair thereof shall issue the process on
47	behalf of the committee, in accordance with the rules of the
48	respective house. The chair or any other member of such
49	committee may administer all oaths and affirmations in the
50	manner prescribed by law to witnesses who appear before the
51	committee for the purpose of testifying in any matter concerning
52	which the committee desires evidence.
53	(b)  Each such committee, whenever required, may also
54	compel by subpoena duces tecum the production of any books,
55	letters, or other documentary evidence, including any
56	confidential information, it desires to examine in reference to
57	any matter before it.
58	(c)  Either house during the session may punish by fine or
59	imprisonment any person not a member who has been guilty of
60	disorderly or contemptuous conduct in its presence or of a
61	refusal to obey its lawful summons, but such imprisonment must
62	not extend beyond the final adjournment of the session.
63	(d)  The sheriffs in the several counties or a duly
64	constituted agent of a Florida legislative committee 18 years of
65	age or older shall make such service and execute all process or
66	orders when required by such committees. Sheriffs shall be paid
67	as provided for in s. 30.231.
68	(4)(a)  Whoever willfully affirms or swears falsely in
69	regard to any material matter or thing before any such committee
70	is guilty of false swearing, which constitutes a felony of the
71	second degree, punishable as provided in s. 775.082, s. 775.083,
72	or s. 775.084.
73	(b)  If a witness fails to respond to the lawful subpoena
74	of any such committee at a time when the Legislature is not in
75	session or, having responded, fails to answer all lawful
76	inquiries or to turn over evidence that has been subpoenaed,
77	such committee may file a complaint before any circuit court of
78	the state setting up such failure on the part of the witness. On
79	the filing of such complaint, the court shall take jurisdiction
80	of the witness and the subject matter of the complaint and shall
81	direct the witness to respond to all lawful questions and to
82	produce all documentary evidence in the possession of the
83	witness which is lawfully demanded. The failure of a witness to
84	comply with such order of the court constitutes a direct and
85	criminal contempt of court, and the court shall punish the
86	witness accordingly.
87	(5)  All witnesses summoned before any such committee shall
88	receive reimbursement for travel expenses and per diem at the
89	rates provided in s. 112.061. However, the fact that such
90	reimbursement is not tendered at the time the subpoena is served
91	does not excuse the witness from appearing as directed therein.
92	Section 2.  Section 11.1435, Florida Statutes, is created
93	to read:
94	11.1435  Oath or affirmation; penalty.--
95	(1)(a)  Any person who addresses a standing or select
96	committee, or subcommittee thereof, shall first declare that he
97	or she will speak truthfully, by taking an oath or affirmation
98	in substantially the following form: "Do you swear or affirm
99	that the information you are about to share will be the truth,
100	the whole truth, and nothing but the truth?" The person's answer
101	shall be noted in the record.
102	(b)  Paragraph (a) does not apply to:
103	1.  A member of the Legislature in his or her official
104	capacity.
105	2.  An employee of the Legislature in his or her capacity
106	as an employee.
107	3.  A minor, if the chair of the committee determines the
108	minor understands the duty to tell the truth or the duty not to
109	lie.
110	(c)  The chair or any other member of the committee shall
111	administer the oath or affirmation required under paragraph (a).
112	(2)(a)  Except as provided in paragraph (b), whoever makes
113	a false statement, which he or she does not believe to be true,
114	under the oath or affirmation required by this section in regard
115	to any material matter, commits a felony of the third degree,
116	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
117	(b)  Whoever is compelled by subpoena as a witness before a
118	committee under s. 11.143(3) and who makes a false statement,
119	which he or she does not believe to be true, under the oath or
120	affirmation required by this section in regard to any material
121	matter, commits a felony of the second degree, punishable as
122	provided in s. 775.082, s. 775.083, or s. 775.084.
123	(3)  In lieu of the oral oath or affirmation required by
124	this section, the Senate or the House of Representatives may by
125	the rules of each respective house require any person, as
126	prescribed in subsection (1), who addresses a committee to
127	complete and sign an appearance form. The form must be signed
128	before the person addresses the committee. Signing the form
129	constitutes a written affirmation to speak the truth, the whole
130	truth, and nothing but the truth, and subjects the person to the
131	penalties as provided in this section. The form must include a
132	statement notifying the person that signing the form constitutes
133	an affirmation and notifying the person of the penalty
134	provisions.
135	Section 3.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.