Florida Senate - 2008 (Reformatted) SB 268
By Senators Villalobos and Ring
38-00182-08 2008268__
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A bill to be entitled
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An act relating to the Legislature; providing a short
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title; amending s. 11.143, F.S.; eliminating authority for
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members of a legislative committee to administer certain
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oaths and affirmations to witnesses; eliminating penalties
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for false swearing before a legislative committee;
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conforming to the creation of new provisions relating to
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oaths and affirmations before a legislative committee;
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creating s. 11.1435, F.S.; requiring persons who address a
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legislative committee to take an oath or affirmation of
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truthfulness; providing exceptions; requiring a member of
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the legislative committee to administer the oath or
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affirmation; providing criminal penalties for certain
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false statements before a legislative committee;
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authorizing the use of a signed appearance card in lieu of
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an oral oath or affirmation; prescribing conditions
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related to the use of the card; providing for penalties
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for making a false statement after signing the card;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Truth in
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Government Act."
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Section 2. Section 11.143, Florida Statutes, is amended to
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read:
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11.143 Standing or select committees; powers.--
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(1)(a) Each standing or select committee, or subcommittee
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thereof, is authorized to invite public officials and employees
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and private individuals to appear before the committee for the
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purpose of submitting information to it.
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(b) Each such committee is authorized to maintain a
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continuous review of the work of the state agencies concerned
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with its subject area and the performance of the functions of
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government within each such subject area and for this purpose to
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request reports from time to time, in such form as the committee
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designates, concerning the operation of any state agency and
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presenting any proposal or recommendation such agency may have
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with regard to existing laws or proposed legislation in its
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subject area.
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(2) In order to carry out its duties, each such committee
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is empowered with the right and authority to inspect and
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investigate the books, records, papers, documents, data,
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operation, and physical plant of any public agency in this state,
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including any confidential information.
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(3)(a) In order to carry out its duties, each such
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committee, whenever required, may issue subpoena and other
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necessary process to compel the attendance of witnesses before
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such committee, and the chair thereof shall issue the process on
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behalf of the committee, in accordance with the rules of the
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respective house. The chair or any other member of such committee
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may administer all oaths and affirmations in the manner
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prescribed by law to witnesses who appear before the committee
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for the purpose of testifying in any matter concerning which the
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committee desires evidence.
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(b) Each such committee, whenever required, may also compel
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by subpoena duces tecum the production of any books, letters, or
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other documentary evidence, including any confidential
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information, it desires to examine in reference to any matter
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before it.
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(c) Either house during the session may punish by fine or
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imprisonment any person not a member who has been guilty of
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disorderly or contemptuous conduct in its presence or of a
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refusal to obey its lawful summons, but such imprisonment must
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not extend beyond the final adjournment of the session.
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(d) The sheriffs in the several counties or a duly
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constituted agent of a Florida legislative committee 18 years of
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age or older shall make such service and execute all process or
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orders when required by such committees. Sheriffs shall be paid
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as provided for in s. 30.231.
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(4)(a) Whoever willfully affirms or swears falsely in
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regard to any material matter or thing before any such committee
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is guilty of false swearing, which constitutes a felony of the
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or s. 775.084.
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(b) If a witness fails to respond to the lawful subpoena of
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any such committee at a time when the Legislature is not in
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session or, having responded, fails to answer all lawful
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inquiries or to turn over evidence that has been subpoenaed, such
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committee may file a complaint before any circuit court of the
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state setting up such failure on the part of the witness. On the
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filing of such complaint, the court shall take jurisdiction of
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the witness and the subject matter of the complaint and shall
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direct the witness to respond to all lawful questions and to
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produce all documentary evidence in the possession of the witness
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which is lawfully demanded. The failure of a witness to comply
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with such order of the court constitutes a direct and criminal
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contempt of court, and the court shall punish the witness
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accordingly.
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(5) All witnesses summoned before any such committee shall
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receive reimbursement for travel expenses and per diem at the
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rates provided in s. 112.061. However, the fact that such
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reimbursement is not tendered at the time the subpoena is served
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does not excuse the witness from appearing as directed therein.
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Section 3. Section 11.1435, Florida Statutes, is created to
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read:
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11.1435 Oath or affirmation; penalty.--
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(1)(a) Any person who addresses a standing or select
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committee, or subcommittee thereof, shall first declare that he
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or she will speak truthfully, by taking an oath or affirmation in
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substantially the following form: "Do you swear or affirm that
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the information you are about to share will be the truth, the
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whole truth, and nothing but the truth?" The person's answer
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shall be noted in the record.
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(b) Paragraph (a) does not apply to:
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1. A member of the general public who is not a registered
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lobbyist and who is not being paid to appear before the committee
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on the issue he or she is addressing.
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2. A minor, if the chair of the committee determines the
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minor understands the duty to tell the truth or the duty not to
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lie.
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(c) The chair or any other member of the committee shall
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administer the oath or affirmation required under paragraph (a).
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(2)(a) Except as provided in paragraph (b), whoever makes a
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false statement, which he or she does not believe to be true,
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under the oath or affirmation required by this section in regard
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to any material matter, commits a felony of the third degree,
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(b) Whoever is compelled by subpoena as a witness before a
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committee under s. 11.143(3) and who makes a false statement,
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which he or she does not believe to be true, under the oath or
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affirmation required by this section in regard to any material
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matter, commits a felony of the second degree, punishable as
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(3) In lieu of the oral oath or affirmation required by
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this section, the Senate or the House of Representatives may by
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the rules of each respective house require any person, as
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prescribed in subsection (1), who addresses a committee to
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complete and sign an appearance form. The form must be signed
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before the person addresses the committee. Signing the form
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constitutes a written affirmation to speak the truth, the whole
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truth, and nothing but the truth, and subjects the person to the
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penalties as provided in this section. The form must include a
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statement notifying the person that signing the form constitutes
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an affirmation and notifying the person of the penalty
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provisions. Legislators and legislative staff shall sign a card
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complying with this section at the start of each regular or
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special session of the Legislature covering the duration of the
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session.
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Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.