HB 95

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; providing exceptions; requiring a member of
12	the legislative committee to administer the oath or
13	affirmation; providing criminal penalties for certain
14	false statements before a legislative committee;
15	authorizing the use of a signed appearance card in lieu of
16	an oral oath or affirmation; prescribing conditions
17	related to the use of the card; providing for penalties
18	for making a false statement after signing the card;
19	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. On
82	the filing of such complaint, the court shall take jurisdiction
83	of the witness and the subject matter of the complaint and shall
84	direct the witness to respond to all lawful questions and to
85	produce all documentary evidence in the possession of the
86	witness which is lawfully demanded. The failure of a witness to
87	comply with such order of the court constitutes a direct and
88	criminal contempt of court, and the court shall punish the
89	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
101	in substantially the following form: "Do you swear or affirm
102	that the information you are about to share will be the truth,
103	the 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 general public who is not a registered
107	lobbyist and who is not being paid to appear before the
108	committee on the issue he or she is addressing.
109	2.  A minor, if the chair of the committee determines the
110	minor understands the duty to tell the truth or the duty not to
111	lie.
112	(c)  The chair or any other member of the committee shall
113	administer the oath or affirmation required under paragraph (a).
114	(2)(a)  Except as provided in paragraph (b), whoever makes
115	a false statement, which he or she does not believe to be true,
116	under the oath or affirmation required by this section in regard
117	to any material matter, commits a felony of the third degree,
118	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
119	(b)  Whoever is compelled by subpoena as a witness before a
120	committee under s. 11.143(3) and who makes a false statement,
121	which he or she does not believe to be true, under the oath or
122	affirmation required by this section in regard to any material
123	matter, commits a felony of the second degree, punishable as
124	provided in s. 775.082, s. 775.083, or s. 775.084.
125	(3)  In lieu of the oral oath or affirmation required by
126	this section, the Senate or the House of Representatives may by
127	the rules of each respective house require any person, as
128	prescribed in subsection (1), who addresses a committee to
129	complete and sign an appearance form. The form must be signed
130	before the person addresses the committee. Signing the form
131	constitutes a written affirmation to speak the truth, the whole
132	truth, and nothing but the truth, and subjects the person to the
133	penalties as provided in this section. The form must notify the
134	person of the penalty provisions and include a statement
135	informing the person that signing the form constitutes an
136	affirmation. Legislators and legislative staff shall sign a card
137	complying with this section at the start of each regular or
138	special session of the Legislature covering the duration of the
139	session.
140	Section 4.  This act shall take effect July 1, 2008.

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