Senate Bill sb2196c1

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    Florida Senate - 2007                           CS for SB 2196

    By the Committee on Judiciary; and Senator Villalobos





    590-2226-07

  1                      A bill to be entitled

  2         An act relating to the Legislature; providing a

  3         short title; amending s. 11.143, F.S.;

  4         eliminating authority for members of a

  5         legislative committee to administer certain

  6         oaths and affirmations to witnesses;

  7         eliminating penalties for false swearing before

  8         a legislative committee; conforming to the

  9         creation of new provisions relating to oaths

10         and affirmations before a legislative

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

12         persons who address a legislative committee to

13         take an oath or affirmation of truthfulness;

14         providing exceptions; requiring a member of the

15         legislative committee to administer the oath or

16         affirmation; providing criminal penalties for

17         certain false statements before a legislative

18         committee; authorizing the use of a signed

19         appearance card in lieu of an oral oath or

20         affirmation; prescribing conditions related to

21         the use of the card; providing for penalties

22         for making a false statement after signing the

23         card; providing an effective date.

24  

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

26  

27         Section 1.  This act may be cited as the "Truth in

28  Government Act."

29         Section 2.  Section 11.143, Florida Statutes, is

30  amended to read:

31         11.143  Standing or select committees; powers.--

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    Florida Senate - 2007                           CS for SB 2196
    590-2226-07




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

 2  subcommittee thereof, is authorized to invite public officials

 3  and employees and private individuals to appear before the

 4  committee for the purpose of submitting information to it.

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

 6  continuous review of the work of the state agencies concerned

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

 8  government within each such subject area and for this purpose

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

10  committee designates, concerning the operation of any state

11  agency and presenting any proposal or recommendation such

12  agency may have with regard to existing laws or proposed

13  legislation in its subject area.

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

15  committee is empowered with the right and authority to inspect

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

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

18  state, including any confidential information.

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

20  committee, whenever required, may issue subpoena and other

21  necessary process to compel the attendance of witnesses before

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

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

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

25  committee may administer all oaths and affirmations in the

26  manner prescribed by law to witnesses who appear before the

27  committee for the purpose of testifying in any matter

28  concerning which the committee desires evidence.

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

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

31  letters, or other documentary evidence, including any

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    Florida Senate - 2007                           CS for SB 2196
    590-2226-07




 1  confidential information, it desires to examine in reference

 2  to any matter before it.

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

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

 5  disorderly or contemptuous conduct in its presence or of a

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

 7  not extend beyond the final adjournment of the session.

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

 9  constituted agent of a Florida legislative committee 18 years

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

11  process or orders when required by such committees. Sheriffs

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

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

14  regard to any material matter or thing before any such

15  committee is guilty of false swearing, which constitutes a

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

17  775.082, s. 775.083, or s. 775.084.

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

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

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

21  lawful inquiries or to turn over evidence that has been

22  subpoenaed, such committee may file a complaint before any

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

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

25  shall take jurisdiction of the witness and the subject matter

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

27  all lawful questions and to produce all documentary evidence

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

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

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

31  the court shall punish the witness accordingly.

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    Florida Senate - 2007                           CS for SB 2196
    590-2226-07




 1         (5)  All witnesses summoned before any such committee

 2  shall receive reimbursement for travel expenses and per diem

 3  at the rates provided in s. 112.061.  However, the fact that

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

 5  served does not excuse the witness from appearing as directed

 6  therein.

 7         Section 3.  Section 11.1435, Florida Statutes, is

 8  created to read:

 9         11.1435  Oath or affirmation; penalty.--

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

11  committee, or subcommittee thereof, shall first declare that

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

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

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

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

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

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

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

19  capacity.

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

21  capacity as an employee.

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

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

24  not to lie.

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

26  shall administer the oath or affirmation required under

27  paragraph (a).

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

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

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

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

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    Florida Senate - 2007                           CS for SB 2196
    590-2226-07




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

 2  775.083, or s. 775.084.

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

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

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

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

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

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

 9  775.084.

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

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

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

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

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

15  before the person addresses the committee. Signing the form

16  constitutes a written affirmation to speak the truth, the

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

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

19  must include a statement notifying the person that signing the

20  form constitutes an affirmation and notifying the person of

21  the penalty provisions.

22         Section 4.  This act shall take effect July 1, 2007.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                             SB 2196

26                                 

27  The committee substitute creates a short title, providing that
    the act may be cited as the "Truth in Government Act."
28  

29  

30  

31  

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