HB 1201

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 authority
4	of members of a legislative committee to administer
5	certain oaths and affirmations to witnesses; eliminating
6	penalties for false swearing before a legislative
7	committee; conforming to the creation of new provisions
8	relating to oaths and affirmations before a legislative
9	committee; creating s. 11.1435, F.S.; requiring that
10	persons addressing a legislative committee take an oath or
11	affirmation of truthfulness; providing exceptions;
12	requiring that a member of the legislative committee
13	administer the oath or affirmation; providing criminal
14	penalties for certain false statements before a
15	legislative committee; authorizing the use of a signed
16	appearance form in lieu of an oral oath or affirmation;
17	prescribing conditions related to the use of such form;
18	providing for penalties for making a false statement after
19	signing such form; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  This act may be cited as the "Truth in
24	Government Act."
25	Section 2.  Section 11.143, Florida Statutes, is amended to
26	read:
27	11.143  Standing or select committees; powers.-
28	(1)(a)  Each standing or select committee, or subcommittee
29	thereof, is authorized to invite public officials and employees
30	and private individuals to appear before the committee for the
31	purpose of submitting information to it.
32	(b)  Each such committee is authorized to maintain a
33	continuous review of the work of the state agencies concerned
34	with its subject area and the performance of the functions of
35	government within each such subject area and for this purpose to
36	request reports from time to time, in such form as the committee
37	designates, concerning the operation of any state agency and
38	presenting any proposal or recommendation such agency may have
39	with regard to existing laws or proposed legislation in its
40	subject area.
41	(2)  In order to carry out its duties, each such committee
42	is empowered with the right and authority to inspect and
43	investigate the books, records, papers, documents, data,
44	operation, and physical plant of any public agency in this
45	state, including any confidential information.
46	(3)(a)  In order to carry out its duties, each such
47	committee, whenever required, may issue subpoena and other
48	necessary process to compel the attendance of witnesses before
49	such committee, and the chair thereof shall issue the process on
50	behalf of the committee, in accordance with the rules of the
51	respective house. The chair or any other member of such
52	committee may administer all oaths and affirmations in the
53	manner prescribed by law to witnesses who appear before the
54	committee for the purpose of testifying in any matter concerning
55	which the committee desires evidence.
56	(b)  Each such committee, whenever required, may also
57	compel by subpoena duces tecum the production of any books,
58	letters, or other documentary evidence, including any
59	confidential information, it desires to examine in reference to
60	any matter before it.
61	(c)  Either house during the session may punish by fine or
62	imprisonment any person not a member who has been guilty of
63	disorderly or contemptuous conduct in its presence or of a
64	refusal to obey its lawful summons, but such imprisonment must
65	not extend beyond the final adjournment of the session.
66	(d)  The sheriffs in the several counties or a duly
67	constituted agent of a Florida legislative committee 18 years of
68	age or older shall make such service and execute all process or
69	orders when required by such committees. Sheriffs shall be paid
70	as provided for in s. 30.231.
71	(4)(a)  Whoever willfully affirms or swears falsely in
72	regard to any material matter or thing before any such committee
73	is guilty of false swearing, which constitutes a felony of the
74	second degree, punishable as provided in s. 775.082, s. 775.083,
75	or s. 775.084.
76	(b)  If a witness fails to respond to the lawful subpoena
77	of any such committee at a time when the Legislature is not in
78	session or, having responded, fails to answer all lawful
79	inquiries or to turn over evidence that has been subpoenaed,
80	such committee may file a complaint before any circuit court of
81	the state setting up such failure on the part of the witness.
82	On the filing of such complaint, the court shall take
83	jurisdiction of the witness and the subject matter of the
84	complaint and shall direct the witness to respond to all lawful
85	questions and to produce all documentary evidence in the
86	possession of the witness which is lawfully demanded.  The
87	failure of a witness to comply with such order of the court
88	constitutes a direct and criminal contempt of court, and the
89	court shall punish the witness accordingly.
90	(5)  All witnesses summoned before any such committee shall
91	receive reimbursement for travel expenses and per diem at the
92	rates provided in s. 112.061.  However, the fact that such
93	reimbursement is not tendered at the time the subpoena is served
94	does not excuse the witness from appearing as directed therein.
95	Section 3.  Section 11.1435, Florida Statutes, is created
96	to read:
97	11.1435  Oath or affirmation; penalty.-
98	(1)(a)  Any person who addresses a standing or select
99	committee, or subcommittee thereof, shall first declare that he
100	or she will speak truthfully by taking an oath or affirmation in
101	substantially the following form: "Do you swear or affirm that
102	the information you are about to share will be the truth, the
103	whole truth, and nothing but the truth?" The person's answer
104	shall be noted in the record.
105	(b)  Paragraph (a) does not apply to:
106	1.  A member of the Legislature in his or her official
107	capacity or an employee of the Legislature in his or her
108	capacity as an employee; however, the member or employee shall
109	be subject to discipline by the presiding officer of the
110	applicable house of the Legislature for making a false statement
111	that he or she does not believe to be true.
112	2.  A child, if the chair of the committee determines the
113	child understands the duty to tell the truth or the duty not to
114	lie.
115
116	Notwithstanding the exceptions prescribed in this paragraph, a
117	standing or select committee, or any subcommittee thereof, may,
118	if it deems necessary, require any person who addresses the
119	committee to take an oath or affirmation of truthfulness as
120	provided in this section and subject to the penalties provided
121	in this section.
122	(c)  The chair or any other member of the committee shall
123	administer the oath or affirmation required under this section.
124	(2)(a)  Except as provided in paragraph (b), whoever makes
125	a false statement that he or she does not believe to be true,
126	under the oath or affirmation required by this section in regard
127	to any material matter, commits a felony of the third degree,
128	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
129	(b)  Whoever is compelled by subpoena as a witness before a
130	committee under s. 11.143(3) and makes a false statement that he
131	or she does not believe to be true, under the oath or
132	affirmation required by this section in regard to any material
133	matter, commits a felony of the second degree, punishable as
134	provided in s. 775.082, s. 775.083, or s. 775.084.
135	(3)  In lieu of the oral oath or affirmation required by
136	this section, the Senate or the House of Representatives may by
137	the rules of each respective house require any person, as
138	prescribed in subsection (1), who addresses a committee to
139	complete and sign an appearance form. The form must be signed
140	before the person addresses the committee. Signing the form
141	constitutes a written affirmation to speak the truth, the whole
142	truth, and nothing but the truth and subjects the person to the
143	penalties provided in this section. The form must include a
144	statement notifying the person that signing the form constitutes
145	an affirmation and notifying the person of the penalty
146	provisions.
147	Section 4.  This act shall take effect July 1, 2010.

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