11.143 Standing or select committees;
powers. ---
(1) Each standing or select committee, or subcommittee thereof,
is authorized to invite public officials and employees and private individuals
to appear before the committee for the purpose of submitting information to
it. Each such committee is authorized to maintain a continuous review of the
work of the state agencies concerned with its subject area and the performance
of the functions of government within each such subject area and for this
purpose to request reports from time to time, in such form as the committee
designates, concerning the operation of any state agency and presenting any
proposal or recommendation such agency may have with regard to existing laws
or proposed legislation in its subject area. In conducting such review, a
standing committee shall review the agency functional plans of the state
agencies that conduct programs and activities concerned with committee subject
areas.
(2) In order to carry out its duties, each such committee 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.
(3)
(a) In order to carry out its duties, each such committee, whenever
required, may issue subpoena and other necessary process to compel the
attendance of witnesses before such committee, and the chair thereof shall
issue the process on behalf of the committee. The chair or any other member
of such committee may administer all oaths and affirmations in the manner
prescribed by law to witnesses who appear before the committee for the purpose
of testifying in any matter concerning which the committee desires
evidence.
(b) Each such committee, whenever required, may also compel by
subpoena duces tecum the production of any books, letters, or other
documentary evidence it desires to examine in reference to any matter before
it.
(c) Either house during the session may punish by fine or
imprisonment any person not a member who has been guilty of disorderly or
contemptuous conduct in its presence or of a refusal to obey its lawful
summons, but such imprisonment must not extend beyond the final adjournment of
the session.
(d) The sheriffs in the several counties or a duly constituted agent
of a Florida legislative committee 18 years of age or older shall make such
service and execute all process or orders when required by such committees.
Sheriffs shall be paid as provided for in s. 30.231.
(4)
(a) Whoever willfully affirms or swears falsely in regard to any
material matter or thing before any such committee is guilty of false
swearing, which constitutes a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If a witness fails to respond to the lawful subpoena of any such
committee at a time when the Legislature is not in session or, having
responded, fails to answer all lawful inquiries or to turn over evidence that
has been subpoenaed, such committee may file a complaint before any circuit
court of the state setting up such failure on the part of the witness. On the
filing of such complaint, the court shall take jurisdiction of the witness and
the subject matter of the complaint and shall direct the witness to respond to
all lawful questions and to produce all documentary evidence in the possession
of the witness which is lawfully demanded. The failure of a witness to comply
with such order of the court constitutes a direct and criminal contempt of
court, and the court shall punish the witness accordingly.
(5) All witnesses summoned before any such committee shall
receive reimbursement for travel expenses and per diem at the rates provided
in s. 112.061. However, the fact that such reimbursement is not tendered at
the time the subpoena is served does not excuse the witness from appearing as
directed therein.
(6) Each standing committee shall consider in a public hearing
any recommendations made by the Auditor General in a performance audit report
which are within the subject areas of the committee.
History: s. 3, ch. 68-35; s. 9, ch. 69-52; s. 1, ch. 69-72; (3)(c) formerly s. 9,
Art. III of the Constitution of 1885, as amended; converted to statutory law
by s. 10, Art. XII of the Constitution as revised in 1968; s. 8, ch. 71-136;
s. 1, ch. 77-121; s. 1, ch. 91-429; s. 2, ch. 94-170; s. 1307, ch.
95-147.