Florida Senate - 2013                                     SB 380
       By Senator Brandes
       22-00252B-13                                           2013380__
    1                        A bill to be entitled                      
    2         An act relating to public assistance fraud
    3         investigations by the Department of Financial
    4         Services; amending s. 414.411, F.S., relating to
    5         department investigations of public assistance fraud;
    6         authorizing the department to administer oaths and
    7         affirmations and issue subpoenas; providing for court
    8         enforcement of subpoenas; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsection (2) of section 414.411, Florida
   13  Statutes, is amended to read:
   14         414.411 Public assistance fraud.—
   15         (2) In conducting an the conduct of such investigation
   16  pursuant to this section the Department of Financial Services
   17  may:
   18         (a) Employ persons who have having such qualifications that
   19  as are useful in the performance of this duty.
   20         (b) Administer oaths and affirmations.
   21         (c) Issue and serve subpoenas for the attendance of
   22  witnesses or the production of business records, books, papers,
   23  correspondence, memoranda, and other records. Such subpoenas may
   24  be served by representatives designated by the department. If a
   25  person refuses to obey such subpoena, the court that has
   26  jurisdiction in the geographical area where the inquiry is being
   27  carried out or in the area where the person who has refused the
   28  subpoena is found, resides, or transacts business may issue an
   29  order requiring compliance with the subpoena. Failure to obey
   30  such court order may be punished, civilly or criminally, by the
   31  court as contempt. Costs, including reasonable attorney fees,
   32  incurred by the department to obtain an order granting, in whole
   33  or in part, a petition to enforce a subpoena shall be taxed
   34  against the subpoenaed party.
   35         Section 2. This act shall take effect July 1, 2013.