Florida Senate - 2009                                    SB 1574
       
       
       
       By Senator Villalobos
       
       
       
       
       38-01167-09                                           20091574__
    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 the
    4         authority of members of a legislative committee to
    5         administer certain oaths and affirmations to
    6         witnesses; eliminating penalties for false swearing
    7         before a legislative committee; conforming to the
    8         creation of new provisions relating to oaths and
    9         affirmations before a legislative committee; creating
   10         s. 11.1435, F.S.; requiring that persons addressing a
   11         legislative committee take an oath or affirmation of
   12         truthfulness; providing exceptions; requiring that a
   13         member of the legislative committee administer the
   14         oath or affirmation; providing criminal penalties for
   15         certain false statements before a legislative
   16         committee; authorizing the use of a signed appearance
   17         card in lieu of an oral oath or affirmation;
   18         prescribing conditions related to the use of such
   19         card; providing for penalties for making a false
   20         statement after signing such card; providing an
   21         effective date.
   22         
   23  Be It Enacted by the Legislature of the State of Florida:
   24         
   25         Section 1. This act may be cited as the “Truth in
   26  Government Act.”
   27         Section 2. Section 11.143, Florida Statutes, is amended to
   28  read:
   29         11.143 Standing or select committees; powers.—
   30         (1)(a) Each standing or select committee, or subcommittee
   31  thereof, is authorized to invite public officials and employees
   32  and private individuals to appear before the committee for the
   33  purpose of submitting information to it.
   34         (b) Each such committee is authorized to maintain a
   35  continuous review of the work of the state agencies concerned
   36  with its subject area and the performance of the functions of
   37  government within each such subject area and for this purpose to
   38  request reports from time to time, in such form as the committee
   39  designates, concerning the operation of any state agency and
   40  presenting any proposal or recommendation such agency may have
   41  with regard to existing laws or proposed legislation in its
   42  subject area.
   43         (2) In order to carry out its duties, each such committee
   44  is empowered with the right and authority to inspect and
   45  investigate the books, records, papers, documents, data,
   46  operation, and physical plant of any public agency in this
   47  state, including any confidential information.
   48         (3)(a) In order to carry out its duties, each such
   49  committee, whenever required, may issue subpoena and other
   50  necessary process to compel the attendance of witnesses before
   51  such committee, and the chair thereof shall issue the process on
   52  behalf of the committee, in accordance with the rules of the
   53  respective house. The chair or any other member of such
   54  committee may administer all oaths and affirmations in the
   55  manner prescribed by law to witnesses who appear before the
   56  committee for the purpose of testifying in any matter concerning
   57  which the committee desires evidence.
   58         (b) Each such committee, whenever required, may also compel
   59  by subpoena duces tecum the production of any books, letters, or
   60  other documentary evidence, including any confidential
   61  information, it desires to examine in reference to any matter
   62  before it.
   63         (c) Either house during the session may punish by fine or
   64  imprisonment any person not a member who has been guilty of
   65  disorderly or contemptuous conduct in its presence or of a
   66  refusal to obey its lawful summons, but such imprisonment must
   67  not extend beyond the final adjournment of the session.
   68         (d) The sheriffs in the several counties or a duly
   69  constituted agent of a Florida legislative committee 18 years of
   70  age or older shall make such service and execute all process or
   71  orders when required by such committees. Sheriffs shall be paid
   72  as provided for in s. 30.231.
   73         (4)(a)Whoever willfully affirms or swears falsely in
   74  regard to any material matter or thing before any such committee
   75  is guilty of false swearing, which constitutes a felony of the
   76  second degree, punishable as provided in s. 775.082, s. 775.083,
   77  or s. 775.084.
   78         (b) If a witness fails to respond to the lawful subpoena of
   79  any such committee at a time when the Legislature is not in
   80  session or, having responded, fails to answer all lawful
   81  inquiries or to turn over evidence that has been subpoenaed,
   82  such committee may file a complaint before any circuit court of
   83  the state setting up such failure on the part of the witness. On
   84  the filing of such complaint, the court shall take jurisdiction
   85  of the witness and the subject matter of the complaint and shall
   86  direct the witness to respond to all lawful questions and to
   87  produce all documentary evidence in the possession of the
   88  witness which is lawfully demanded. The failure of a witness to
   89  comply with such order of the court constitutes a direct and
   90  criminal contempt of court, and the court shall punish the
   91  witness accordingly.
   92         (5) All witnesses summoned before any such committee shall
   93  receive reimbursement for travel expenses and per diem at the
   94  rates provided in s. 112.061. However, the fact that such
   95  reimbursement is not tendered at the time the subpoena is served
   96  does not excuse the witness from appearing as directed therein.
   97         Section 3. Section 11.1435, Florida Statutes, is created to
   98  read:
   99         11.1435Oath or affirmation; penalty.—
  100         (1)(a)Any person who addresses a standing or select
  101  committee, or subcommittee thereof, shall first declare that he
  102  or she will speak truthfully, by taking an oath or affirmation
  103  in substantially the following form: “Do you swear or affirm
  104  that the information you are about to share will be the truth,
  105  the whole truth, and nothing but the truth?” The person's answer
  106  shall be noted in the record.
  107         (b)Paragraph (a) does not apply to:
  108         1.A member of the Legislature in his or her official
  109  capacity or an employee of the Legislature in his or her
  110  capacity as an employee; however, the member or employee shall
  111  be subject to discipline by the presiding officer of the
  112  applicable house of the Legislature for making a false statement
  113  that he or she does not believe to be true.
  114         2.A child, if the chair of the committee determines the
  115  child understands the duty to tell the truth or the duty not to
  116  lie.
  117  Notwithstanding the exceptions prescribed in this paragraph, a
  118  standing or select committee, or any subcommittee thereof, may,
  119  if it deems necessary, require any person who addresses the
  120  committee to take an oath or affirmation of truthfulness as
  121  provided in this section and subject to the penalties provided
  122  in this section.
  123         (c)The chair or any other member of the committee shall
  124  administer the oath or affirmation required under this section.
  125         (2)(a)Except as provided in paragraph (b), whoever makes a
  126  false statement that he or she does not believe to be true,
  127  under the oath or affirmation required by this section in regard
  128  to any material matter, commits a felony of the third degree,
  129  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  130         (b)Whoever is compelled by subpoena as a witness before a
  131  committee under s. 11.143(3) and who makes a false statement
  132  that he or she does not believe to be true, under the oath or
  133  affirmation required by this section in regard to any material
  134  matter, commits a felony of the second degree, punishable as
  135  provided in s. 775.082, s. 775.083, or s. 775.084.
  136         (3)In lieu of the oral oath or affirmation required by
  137  this section, the Senate or the House of Representatives may by
  138  the rules of each respective house require any person, as
  139  prescribed in subsection (1), who addresses a committee to
  140  complete and sign an appearance form. The form must be signed
  141  before the person addresses the committee. Signing the form
  142  constitutes a written affirmation to speak the truth, the whole
  143  truth, and nothing but the truth, and subjects the person to the
  144  penalties as provided in this section. The form must include a
  145  statement notifying the person that signing the form constitutes
  146  an affirmation and notifying the person of the penalty
  147  provisions.
  148         Section 4. This act shall take effect July 1, 2009.