Florida Senate - 2019 CS for SB 58
By the Committee on Judiciary; and Senator Book
590-01174-19 201958c1
1 A bill to be entitled
2 An act relating to contempt and disorderly conduct
3 before a legislative committee; amending s. 11.143,
4 F.S.; conforming a provision to changes made by the
5 act; creating s. 11.1435, F.S.; prohibiting a person,
6 including a member of the Legislature, from engaging
7 in disorderly or contemptuous conduct; specifying
8 applicable penalties, including fines and
9 imprisonment; providing a procedure for investigating
10 and punishing disorderly or contemptuous conduct while
11 the Legislature is in session; providing that the
12 procedures apply in the absence of certain legislative
13 rules; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 11.143, Florida Statutes, is amended to
18 read:
19 11.143 Standing or select committees; powers.—
20 (1) Each standing or select committee, or subcommittee
21 thereof, is authorized to invite public officials and employees
22 and private individuals to appear before the committee for the
23 purpose of submitting information to it. Each such committee is
24 authorized to maintain a continuous review of the work of the
25 state agencies concerned with its subject area and the
26 performance of the functions of government within each such
27 subject area and for this purpose to request reports from time
28 to time, in such form as the committee designates, concerning
29 the operation of any state agency and presenting any proposal or
30 recommendation such agency may have with regard to existing laws
31 or proposed legislation in its subject area.
32 (2) In order to carry out its duties, each such committee
33 is empowered with the right and authority to inspect and
34 investigate the books, records, papers, documents, data,
35 operation, and physical plant of any public agency in this
36 state, including any confidential information.
37 (3)(a) In order to carry out its duties, each such
38 committee, whenever required, may issue subpoena and other
39 necessary process to compel the attendance of witnesses before
40 such committee, and the chair thereof shall issue the process on
41 behalf of the committee, in accordance with the rules of the
42 respective house. The chair or any other member of such
43 committee may administer all oaths and affirmations in the
44 manner prescribed by law to witnesses who appear before the
45 committee for the purpose of testifying in any matter concerning
46 which the committee desires evidence.
47 (b) Each such committee, whenever required, may also compel
48 by subpoena duces tecum the production of any books, letters, or
49 other documentary evidence, including any confidential
50 information, it desires to examine in reference to any matter
51 before it.
52 (c) Either house during the session may punish by fine or
53 imprisonment any person not a member who has been guilty of
54 disorderly or contemptuous conduct in its presence or of a
55 refusal to obey its lawful summons, but such imprisonment must
56 not extend beyond the final adjournment of the session.
57 (d) The sheriffs in the several counties or a duly
58 constituted agent of a Florida legislative committee 18 years of
59 age or older shall make such service and execute all process or
60 orders when required by such committees. Sheriffs shall be paid
61 as provided for in s. 30.231.
62 (4)(a) Whoever willfully affirms or swears falsely in
63 regard to any material matter or thing before any such committee
64 is guilty of false swearing, which constitutes a felony of the
65 second degree, punishable as provided in s. 775.082, s. 775.083,
66 or s. 775.084.
67 (b) If a witness fails to respond to the lawful subpoena of
68 any such committee at a time when the Legislature is not in
69 session or, having responded, fails to answer all lawful
70 inquiries or to turn over evidence that has been subpoenaed,
71 such committee may file a complaint before any circuit court of
72 the state setting up such failure on the part of the witness. On
73 the filing of such complaint, the court shall take jurisdiction
74 of the witness and the subject matter of the complaint and shall
75 direct the witness to respond to all lawful questions and to
76 produce all documentary evidence in the possession of the
77 witness which is lawfully demanded. The failure of a witness to
78 comply with such order of the court constitutes a direct and
79 criminal contempt of court, and the court shall punish the
80 witness accordingly.
81 (5) All witnesses summoned before any such committee shall
82 receive reimbursement for travel expenses and per diem at the
83 rates provided in s. 112.061. However, the fact that such
84 reimbursement is not tendered at the time the subpoena is served
85 does not excuse the witness from appearing as directed therein.
86 Section 2. Section 11.1435, Florida Statutes, is created to
87 read:
88 11.1435 Disorderly or contemptuous conduct before
89 legislative committees.—
90 (1) A person, including a member of the Legislature, may
91 not engage in disorderly or contemptuous conduct before a
92 standing committee or select committee or subcommittee of the
93 Legislature. Contemptuous conduct includes knowingly making a
94 materially false statement, whether or not under oath or
95 affirmation, before a legislative committee.
96 (a) A person, including a member of the Legislature, who
97 engages in disorderly or contemptuous conduct while the
98 Legislature is in session may be punished by the house in which
99 the misconduct occurred. The punishment may not exceed a fine of
100 $1,000 or imprisonment in the county jail for up to 90 days, or
101 by both, upon the order of the presiding officer of the house in
102 which the misconduct occurred.
103 (b) A person, including a member of the Legislature, who
104 engages in disorderly or contemptuous conduct during an interim
105 meeting of a legislative committee commits a misdemeanor of the
106 second degree, punishable as provided in s. 775.082 or s.
107 775.083.
108 (2) If a violation of this section occurs while the
109 Legislature is in session, a member of the committee before
110 which a violation occurs may file a complaint with the rules
111 chair of the appropriate house of the Legislature. The complaint
112 must identify the disorderly or contemptuous conduct, state the
113 facts showing that the conduct was made in violation of this
114 section, and include relevant supporting documentation or
115 evidence.
116 (3) If the rules chair determines that the complaint fails
117 to support a finding of a violation of this section, the
118 complaint must be dismissed. If the rules chair determines that
119 the complaint states facts that, if true, would be a violation
120 of this section, the complaint must be referred to a special
121 master or a standing or select committee to expeditiously
122 determine whether probable cause of a violation exists.
123 (4) The special master or a standing or select committee
124 shall give reasonable notice to the person who is alleged to
125 have engaged in disorderly or contemptuous conduct, shall
126 conduct an investigation, and shall give the person an
127 opportunity to be heard. Following such actions, the special
128 master or standing or select committee shall prepare a report
129 and recommendation regarding the alleged violation.
130 (5) If the report and recommendation of the special master
131 or standing or select committee conclude that the facts do not
132 support a finding of probable cause, the rules chair must
133 dismiss the complaint. If the report and recommendation find
134 probable cause that the person violated this section, the report
135 and recommendation must be taken up and acted upon by the
136 appropriate house where the disorderly or contemptuous conduct
137 occurred.
138 (6) If the appropriate house determines that a person
139 engaged in disorderly or contemptuous conduct and determines a
140 punishment for the conduct, the presiding officer must issue an
141 order imposing the punishment. An order imposing imprisonment
142 must direct the Leon County Sheriff or the sheriff of the
143 person’s county of residence to take the person into custody for
144 confinement in the county jail for the time period specified in
145 the order. Any fines must be deposited into the Lobbyist
146 Registration Trust Fund.
147 (7) This section applies in the absence of legislative
148 rules establishing a procedure to address the misconduct
149 prohibited by this section.
150 Section 3. This act shall take effect July 1, 2019.