Bill Text: FL S2252 | 2010 | Regular Session | Engrossed

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Bill Title: Truth in Government Act/Legislature [SPSC]

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Engrossed - Dead) 2010-04-30 - In Messages; Died in Messages [S2252 Detail]

Download: Florida-2010-S2252-Engrossed.html

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SB 2252                                          First Engrossed 
20102252e1 
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 an exception; 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         11.1435 Oath 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 a child, if the chair 
108  of the committee determines the child understands the duty to 
109  tell the truth or the duty not to lie. Notwithstanding the 
110  exception prescribed in this paragraph, a standing or select 
111  committee, or any subcommittee thereof, may, if it deems 
112  necessary, require a child who addresses the committee to take 
113  an oath or affirmation of truthfulness as provided in this 
114  section and subject to the penalties provided in this section. 
115         (c) The chair or any other member of the committee shall 
116  administer the oath or affirmation required under this section. 
117         (2)(a) Except as provided in paragraph (b), whoever makes a 
118  false statement that he or she does not believe to be true, 
119  under the oath or affirmation required by this section in regard 
120  to any material matter, commits a felony of the third degree, 
121  punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 
122         (b) Whoever is compelled by subpoena as a witness before a 
123  committee under s. 11.143(3) and who makes a false statement 
124  that he or she does not believe to be true, under the oath or 
125  affirmation required by this section in regard to any material 
126  matter, commits a felony of the second degree, punishable as 
127  provided in s. 775.082, s. 775.083, or s. 775.084. 
128         (3) In lieu of the oral oath or affirmation required by 
129  this section, the Senate or the House of Representatives may by 
130  the rules of each respective house require any person, as 
131  prescribed in subsection (1), who addresses a committee to 
132  complete and sign an appearance form. The form must be signed 
133  before the person addresses the committee. Signing the form 
134  constitutes a written affirmation to speak the truth, the whole 
135  truth, and nothing but the truth, and subjects the person to the 
136  penalties as provided in this section. The form must include a 
137  statement notifying the person that signing the form constitutes 
138  an affirmation and notifying the person of the penalty 
139  provisions. 
140         Section 4. This act shall take effect July 1, 2010.