Senate Bill sb2196

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    Florida Senate - 2007                                  SB 2196

    By Senator Villalobos





    38-1256A-07

  1                      A bill to be entitled

  2         An act relating to the Legislature; amending s.

  3         11.143, F.S.; eliminating authority for members

  4         of a legislative committee to administer

  5         certain oaths and affirmations to witnesses;

  6         eliminating penalties for false swearing before

  7         a legislative committee; conforming to the

  8         creation of new provisions relating to oaths

  9         and affirmations before a legislative

10         committee; creating s. 11.1435, F.S.; requiring

11         persons who address a legislative committee to

12         take an oath or affirmation of truthfulness;

13         providing exceptions; requiring a member of the

14         legislative committee to administer the oath or

15         affirmation; providing criminal penalties for

16         certain false statements before a legislative

17         committee; authorizing the use of a signed

18         appearance card in lieu of an oral oath or

19         affirmation; prescribing conditions related to

20         the use of the card; providing for penalties

21         for making a false statement after signing the

22         card; providing an effective date.

23  

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

25  

26         Section 1.  Section 11.143, Florida Statutes, is

27  amended to read:

28         11.143  Standing or select committees; powers.--

29         (1)(a)  Each standing or select committee, or

30  subcommittee thereof, is authorized to invite public officials

31  

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    Florida Senate - 2007                                  SB 2196
    38-1256A-07




 1  and employees and private individuals to appear before the

 2  committee for the purpose of submitting information to it.

 3         (b)  Each such committee is authorized to maintain a

 4  continuous review of the work of the state agencies concerned

 5  with its subject area and the performance of the functions of

 6  government within each such subject area and for this purpose

 7  to request reports from time to time, in such form as the

 8  committee designates, concerning the operation of any state

 9  agency and presenting any proposal or recommendation such

10  agency may have with regard to existing laws or proposed

11  legislation in its subject area.

12         (2)  In order to carry out its duties, each such

13  committee is empowered with the right and authority to inspect

14  and investigate the books, records, papers, documents, data,

15  operation, and physical plant of any public agency in this

16  state, including any confidential information.

17         (3)(a)  In order to carry out its duties, each such

18  committee, whenever required, may issue subpoena and other

19  necessary process to compel the attendance of witnesses before

20  such committee, and the chair thereof shall issue the process

21  on behalf of the committee, in accordance with the rules of

22  the respective house. The chair or any other member of such

23  committee may administer all oaths and affirmations in the

24  manner prescribed by law to witnesses who appear before the

25  committee for the purpose of testifying in any matter

26  concerning which the committee desires evidence.

27         (b)  Each such committee, whenever required, may also

28  compel by subpoena duces tecum the production of any books,

29  letters, or other documentary evidence, including any

30  confidential information, it desires to examine in reference

31  to any matter before it.

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    Florida Senate - 2007                                  SB 2196
    38-1256A-07




 1         (c)  Either house during the session may punish by fine

 2  or imprisonment any person not a member who has been guilty of

 3  disorderly or contemptuous conduct in its presence or of a

 4  refusal to obey its lawful summons, but such imprisonment must

 5  not extend beyond the final adjournment of the session.

 6         (d)  The sheriffs in the several counties or a duly

 7  constituted agent of a Florida legislative committee 18 years

 8  of age or older shall make such service and execute all

 9  process or orders when required by such committees. Sheriffs

10  shall be paid as provided for in s. 30.231.

11         (4)(a)  Whoever willfully affirms or swears falsely in

12  regard to any material matter or thing before any such

13  committee is guilty of false swearing, which constitutes a

14  felony of the second degree, punishable as provided in s.

15  775.082, s. 775.083, or s. 775.084.

16         (b)  If a witness fails to respond to the lawful

17  subpoena of any such committee at a time when the Legislature

18  is not in session or, having responded, fails to answer all

19  lawful inquiries or to turn over evidence that has been

20  subpoenaed, such committee may file a complaint before any

21  circuit court of the state setting up such failure on the part

22  of the witness.  On the filing of such complaint, the court

23  shall take jurisdiction of the witness and the subject matter

24  of the complaint and shall direct the witness to respond to

25  all lawful questions and to produce all documentary evidence

26  in the possession of the witness which is lawfully demanded.

27  The failure of a witness to comply with such order of the

28  court constitutes a direct and criminal contempt of court, and

29  the court shall punish the witness accordingly.

30         (5)  All witnesses summoned before any such committee

31  shall receive reimbursement for travel expenses and per diem

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    Florida Senate - 2007                                  SB 2196
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 1  at the rates provided in s. 112.061.  However, the fact that

 2  such reimbursement is not tendered at the time the subpoena is

 3  served does not excuse the witness from appearing as directed

 4  therein.

 5         Section 2.  Section 11.1435, Florida Statutes, is

 6  created to read:

 7         11.1435  Oath or affirmation; penalty.--

 8         (1)(a)  Any person who addresses a standing or select

 9  committee, or subcommittee thereof, shall first declare that

10  he or she will speak truthfully, by taking an oath or

11  affirmation in substantially the following form: "Do you swear

12  or affirm that the information you are about to share will be

13  the truth, the whole truth, and nothing but the truth?" The

14  person's answer shall be noted in the record.

15         (b)  Paragraph (a) does not apply to:

16         1.  A member of the Legislature in his or her official

17  capacity.

18         2.  An employee of the Legislature in his or her

19  capacity as an employee.

20         3.  A minor, if the chair of the committee determines

21  the minor understands the duty to tell the truth or the duty

22  not to lie.

23         (c)  The chair or any other member of the committee

24  shall administer the oath or affirmation required under

25  paragraph (a).

26         (2)(a)  Except as provided in paragraph (b), whoever

27  makes a false statement, which he or she does not believe to

28  be true, under the oath or affirmation required by this

29  section in regard to any material matter, commits a felony of

30  the third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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    Florida Senate - 2007                                  SB 2196
    38-1256A-07




 1         (b)  Whoever is compelled by subpoena as a witness

 2  before a committee under s. 11.143(3) and who makes a false

 3  statement, which he or she does not believe to be true, under

 4  the oath or affirmation required by this section in regard to

 5  any material matter, commits a felony of the second degree,

 6  punishable as provided in s. 775.082, s. 775.083, or s.

 7  775.084.

 8         (3)  In lieu of the oral oath or affirmation required

 9  by this section, the Senate or the House of Representatives

10  may by the rules of each respective house require any person,

11  as prescribed in subsection (1), who addresses a committee to

12  complete and sign an appearance form. The form must be signed

13  before the person addresses the committee. Signing the form

14  constitutes a written affirmation to speak the truth, the

15  whole truth, and nothing but the truth, and subjects the

16  person to the penalties as provided in this section. The form

17  must include a statement notifying the person that signing the

18  form constitutes an affirmation and notifying the person of

19  the penalty provisions.

20         Section 3.  This act shall take effect July 1, 2007.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Revises provisions requiring that persons who address a
      legislative committee take an oath or affirmation of
25    truthfulness. Provides for the use of a signed appearance
      card in lieu of an oral oath or affirmation. Provides
26    penalties for making a false statement after signing such
      a card.
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