SB 58 — Contempt and Disorderly Conduct Before a Legislative Committee

Florida Senate - 2019 CS for SB 58 By Senatorthe BookCommittee 32-00011-19on 201958__Judiciary; A bill to be entitled An act relating to the Legislature;

providingand Senator Book 590-01174-19 201958c1 A bill to be entitled An act relating to contempt and disorderly conduct before a shortlegislative title;committee;

deletingconforming provisionsa regardingprovision the administration of oaths and affirmations to witnesses appearing before legislative committees, and associated penalties, to conform to changes made by the act;

requiringprohibiting thata personsperson, addressingincluding a legislativemember committeeof takethe anLegislature, oathfrom orengaging affirmationin ofdisorderly truthfulness;or contemptuous conduct;

providingspecifying exceptions;applicable penalties, including fines and imprisonment;

requiringproviding that a memberprocedure offor theinvestigating legislativeand committeepunishing administerdisorderly or contemptuous conduct while the oathLegislature oris affirmation;in session;

providing criminalthat penaltiesthe forprocedures certainapply falsein statementsthe beforeabsence aof certain legislative committee;rules;

authorizing the use of a signed appearance form in lieu of an oral oath or affirmation;

prescribing conditions related to the use of such form;

providing penalties for making a false statement after signing such form;

2015 Be It Enacted by the Legislature of the State of Florida:

2217 Section 1. This1. Section act may be cited as the “Truth in Government Act.” Section 2. Section 11.143, Florida Statutes, is amended to read:

powers.— (1) Each standing or select committee, or a subcommittee thereof, may:is authorized to invite public officials and employees and private individuals to appear before the committee for the purpose of submitting information to it.

(a) isEach such committee is authorized to Invitemaintain publica officialscontinuous review of the work of the state agencies concerned with its subject area and employeesthe performance of the functions of government within each such subject area and privatefor individualsthis purpose to appearrequest beforereports from time to time, in such form as the committee fordesignates, concerning the purposeoperation of submittingany informationstate agency and presenting any proposal or recommendation such agency may have with regard to it.existing laws or proposed legislation in its subject area.

(b) Each(2) In suchorder committee is authorized to Maintaincarry aout continuousits reviewduties, ofeach thesuch workcommittee ofis theempowered state agencies concerned with its subject area and the performanceright of the functions of government within each such subject area and forauthority this purpose to requestinspect reportsand frominvestigate timethe tobooks, time,records, inpapers, suchdocuments, formdata, asoperation, theand committeephysical designates,plant concerning the operation of any statepublic agency andin presentingthis anystate, proposalincluding orany recommendationconfidential suchinformation. agency may have with regard to existing laws or proposed legislation in its subject area.

(2) In order to carry out its duties, each such committee has is empowered with the right and authority to inspect and investigate the books, records, papers, documents, data, operation, and physical plant of any public agency in this state, including any confidential information.

Section 3. Section2. Section 11.1435, Florida Statutes, is created to read:

11.1435 Oath11.1435 Disorderly or affirmation;contemptuous conduct before legislative committees.— (1) A person, including a member of the Legislature, may not engage in disorderly or contemptuous conduct before a standing committee or select committee or subcommittee of the Legislature.

penalty.—Contemptuous (1)(a) Anyconduct personincludes whoknowingly addressesmaking a standingmaterially orfalse selectstatement, committee,whether or anot subcommitteeunder thereof, shall first declare that he or she will speak truthfully by taking an oath or affirmationaffirmation, inbefore substantiallya thelegislative followingcommittee. form:

“Do(a) A youperson, swearincluding ora affirmmember thatof the informationLegislature, youwho areengages aboutin todisorderly shareor willcontemptuous beconduct thewhile truth, the wholeLegislature truth,is andin nothingsession butmay thebe truth?”punished Theby person’sthe answerhouse must be noted in which the record.misconduct occurred.

(b) ParagraphThe (a)punishment doesmay not applyexceed to:a fine of $1,000 or imprisonment in the county jail for up to 90 days, or by both, upon the order of the presiding officer of the house in which the misconduct occurred.

1. A(b) A person, including a member of the LegislatureLegislature, who engages in hisdisorderly or hercontemptuous officialconduct capacityduring or an employeeinterim meeting of thea Legislaturelegislative incommittee hiscommits ora hermisdemeanor capacityof the second degree, punishable as anprovided employee;in s.

however,775.082 the member or employees. is subject to discipline by the presiding officer of the applicable house of the Legislature for making a false statement that he or she does not believe to be true.

2. A775.083. child, if the chair of the committee determines the child understands the duty to tell the truth or the duty not to lie.

116(2) If Notwithstandinga theviolation exceptionsof prescribed in this paragraph,section aoccurs standingwhile orthe selectLegislature committee,is orin anysession, subcommitteea thereof,member may,of if deemed necessary, require any person who addresses the committee tobefore takewhich ana oathviolation oroccurs affirmationmay offile truthfulnessa ascomplaint providedwith inthe thisrules section,chair subjectof to the penaltiesappropriate providedhouse inof subsectionthe (2).Legislature.

(c) TheThe chaircomplaint ormust anyidentify otherthe memberdisorderly ofor contemptuous conduct, state the committeefacts shallshowing administerthat the oathconduct orwas affirmationmade requiredin underviolation of this section.section, and include relevant supporting documentation or evidence.

(2)(a) Except(3) If asthe providedrules inchair paragraphdetermines (b), whoever makes a false statement that he or she does not believe to be true, under the oathcomplaint orfails affirmation required by this section in regard to anysupport materiala matter,finding commitsof a felonyviolation of thethis thirdsection, degree,the punishablecomplaint asmust providedbe indismissed. s.

775.082,If s.the rules chair determines that the complaint states facts that, if true, would be a violation of this section, the complaint must be referred to a special master or a standing or select committee to expeditiously determine whether probable cause of a violation exists.

775.083,(4) The special master or s.a standing or select committee shall give reasonable notice to the person who is alleged to have engaged in disorderly or contemptuous conduct, shall conduct an investigation, and shall give the person an opportunity to be heard.

775.084.Following such actions, the special master or standing or select committee shall prepare a report and recommendation regarding the alleged violation.

(b) Whoever(5) If isthe compelledreport byand subpoenarecommendation asof athe witnessspecial beforemaster aor standing or select committee underconclude s.that the facts do not support a finding of probable cause, the rules chair must dismiss the complaint.

11.143(3)If andthe whoreport makesand arecommendation falsefind statementprobable cause that hethe orperson sheviolated doesthis notsection, believe to be true, under the oathreport orand affirmationrecommendation requiredmust bybe thistaken sectionup inand regardacted toupon anyby materialthe matter,appropriate commitshouse awhere felony of the seconddisorderly degree,or punishablecontemptuous asconduct providedoccurred. in s.

775.082,(6) If s.the appropriate house determines that a person engaged in disorderly or contemptuous conduct and determines a punishment for the conduct, the presiding officer must issue an order imposing the punishment.

775.083,An order imposing imprisonment must direct the Leon County Sheriff or s.the sheriff of the person’s county of residence to take the person into custody for confinement in the county jail for the time period specified in the order.

775.084.Any fines must be deposited into the Lobbyist Registration Trust Fund.

(3) In(7) This lieusection ofapplies thein oral oath or affirmation required by this section, the Senateabsence or the House of Representativeslegislative may by the rules ofestablishing each respective house require any person, as prescribed in subsection (1), who addresses a committeeprocedure to completeaddress andthe signmisconduct anprohibited appearanceby form.this section.

TheSection form3. This mustact beshall signedtake beforeeffect theJuly person1, addresses2019. the committee.

Signing the form constitutes a written affirmation to speak the truth, the whole truth, and nothing but the truth, and subjects the person to the penalties as provided in this section.

The form must include a statement notifying the person that signing the form constitutes an affirmation and notifying the person of the penalty provisions.

Section 4. This act shall take effect July 1, 2019.