1

A bill to be entitled

2

An act relating to the Legislature; providing a short

3

title; amending s. 11.143, F.S.; eliminating authority for

4

members of a legislative committee to administer certain

5

oaths and affirmations to witnesses; eliminating penalties

6

for false swearing before a legislative committee;

7

conforming to the creation of new provisions relating to

8

oaths and affirmations before a legislative committee;

9

creating s. 11.1435, F.S.; requiring persons who address a

10

legislative committee to take an oath or affirmation of

11

truthfulness; 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. This act may be cited as the "Truth in

23

Government Act."

24

     Section 2.  Section 11.143, Florida Statutes, is amended to

25

read:

26

     11.143  Standing or select committees; powers.--

27

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

28

thereof, is authorized to invite public officials and employees

29

and private individuals to appear before the committee for the

30

purpose of submitting information to it.

31

     (b) Each such committee is authorized to maintain a

32

continuous review of the work of the state agencies concerned

33

with its subject area and the performance of the functions of

34

government within each such subject area and for this purpose to

35

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

36

designates, concerning the operation of any state agency and

37

presenting any proposal or recommendation such agency may have

38

with regard to existing laws or proposed legislation in its

39

subject area.

40

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

41

is empowered with the right and authority to inspect and

42

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

43

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

44

including any confidential information.

45

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

46

committee, whenever required, may issue subpoena and other

47

necessary process to compel the attendance of witnesses before

48

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

49

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

50

respective house. The chair or any other member of such committee

51

may administer all oaths and affirmations in the manner

52

prescribed by law to witnesses who appear before the committee

53

for the purpose of testifying in any matter concerning which the

54

committee desires evidence.

55

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

56

by subpoena duces tecum the production of any books, letters, or

57

other documentary evidence, including any confidential

58

information, it desires to examine in reference to any matter

59

before it.

60

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

61

imprisonment any person not a member who has been guilty of

62

disorderly or contemptuous conduct in its presence or of a

63

refusal to obey its lawful summons, but such imprisonment must

64

not extend beyond the final adjournment of the session.

65

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

66

constituted agent of a Florida legislative committee 18 years of

67

age or older shall make such service and execute all process or

68

orders when required by such committees. Sheriffs shall be paid

69

as provided for in s. 30.231.

70

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

71

regard to any material matter or thing before any such committee

72

is guilty of false swearing, which constitutes a felony of the

73

second degree, punishable as provided in s. 775.082, s. 775.083,

74

or s. 775.084.

75

     (b) If a witness fails to respond to the lawful subpoena of

76

any such committee at a time when the Legislature is not in

77

session or, having responded, fails to answer all lawful

78

inquiries or to turn over evidence that has been subpoenaed, such

79

committee may file a complaint before any circuit court of the

80

state setting up such failure on the part of the witness.  On the

81

filing of such complaint, the court shall take jurisdiction of

82

the witness and the subject matter of the complaint and shall

83

direct the witness to respond to all lawful questions and to

84

produce all documentary evidence in the possession of the witness

85

which is lawfully demanded.  The failure of a witness to comply

86

with such order of the court constitutes a direct and criminal

87

contempt of court, and the court shall punish the witness

88

accordingly.

89

     (5)  All witnesses summoned before any such committee shall

90

receive reimbursement for travel expenses and per diem at the

91

rates provided in s. 112.061.  However, the fact that such

92

reimbursement is not tendered at the time the subpoena is served

93

does not excuse the witness from appearing as directed therein.

94

     Section 3.  Section 11.1435, Florida Statutes, is created to

95

read:

96

     11.1435 Oath or affirmation; penalty.--

97

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

98

committee, or subcommittee thereof, shall first declare that he

99

or she will speak truthfully, by taking an oath or affirmation in

100

substantially the following form: "Do you swear or affirm that

101

the information you are about to share will be the truth, the

102

whole truth, and nothing but the truth?" The person's answer

103

shall be noted in the record.

104

     (b) The chair or any other member of the committee shall

105

administer the oath or affirmation required under paragraph (a).

106

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

107

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

108

under the oath or affirmation required by this section in regard

109

to any material matter, commits a felony of the third degree,

110

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

111

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

112

committee under s. 11.143(3) and who makes a false statement,

113

which he or she does not believe to be true, under the oath or

114

affirmation required by this section in regard to any material

115

matter, commits a felony of the second degree, punishable as

116

provided in s. 775.082, s. 775.083, or s. 775.084.

117

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

118

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

119

the rules of each respective house require any person, as

120

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

121

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

122

before the person addresses the committee. Signing the form

123

constitutes a written affirmation to speak the truth, the whole

124

truth, and nothing but the truth, and subjects the person to the

125

penalties as provided in this section. The form must include a

126

statement notifying the person that signing the form constitutes

127

an affirmation and notifying the person of the penalty

128

provisions. Legislators and legislative staff shall sign a card

129

complying with this section at the start of each regular or

130

special session of the Legislature covering the duration of the

131

session.

132

     Section 4.  This act shall take effect July 1, 2008.