2014 Legislature                                          SB 308
    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.
   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) When conducting an In 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  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.