ENROLLED 2014 Legislature SB 308 2014308er 1 2 An act relating to public assistance fraud; amending 3 s. 414.411, F.S.; authorizing the Department of 4 Financial Services to administer oaths and 5 affirmations and issue and serve subpoenas when 6 conducting investigations into public assistance 7 fraud; providing a penalty; providing for award of 8 attorney fees and costs; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (2) of section 414.411, Florida 13 Statutes, is amended to read: 14 414.411 Public assistance fraud.— 15 (2) When conducting an
In the conduct of suchinvestigation 16 pursuant to this section, the Department of Financial Services 17 may: 18 (a) Employ persons who have having suchqualifications that 19 asare 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 correspondences, memoranda, and other records. Representatives 24 designated by the department may serve the subpoenas. If a 25 person refuses to obey a subpoena, the court that has 26 jurisdiction in the geographical area where the inquiry is 27 carried out or where the person who has refused the subpoena is 28 found, resides, or transacts business may issue an order 29 requiring compliance with the subpoena. Failure to obey the 30 court order may be punished, civilly or criminally, by the court 31 as contempt. The person refusing the subpoena is liable for 32 costs, including reasonable attorney fees, incurred by the 33 department to obtain an order granting, in whole or in part, a 34 petition to enforce the subpoena. 35 Section 2. This act shall take effect July 1, 2014.