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Version A final setup - Florida House of Representatives

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RULE SIXTEEN—PROCEDURES FOR CONDUCTING<br />

INVESTIGATIVE AND ENFORCEMENT PROCEEDINGS<br />

16.1—Issuance <strong>of</strong> Subpoenas<br />

(a) In order to carry out its duties, each standing or select committee,<br />

whenever required, may issue subpoenas and other necessary process to compel<br />

the attendance <strong>of</strong> witnesses before such committee or the taking <strong>of</strong> a deposition<br />

pursuant to these rules. The chair <strong>of</strong> the committee shall issue such process on<br />

behalf <strong>of</strong> the committee after a majority <strong>of</strong> the committee votes to approve<br />

issuance and the Speaker has provided written approval. The chair or any other<br />

member <strong>of</strong> such committee may administer all oaths and affirmations in the<br />

manner prescribed by law to witnesses who shall appear before such committee<br />

for the purpose <strong>of</strong> testifying in any matter about which such committee may<br />

require evidence.<br />

(b) Each standing or select committee, whenever required, may also<br />

compel by subpoena duces tecum the production <strong>of</strong> any books, letters, or other<br />

documentary evidence it may need to examine in reference to any matter before<br />

it. The chair <strong>of</strong> the standing or select committee shall issue process on behalf <strong>of</strong><br />

the standing or select committee after a majority <strong>of</strong> the committee votes to<br />

approve issuance and the Speaker has provided written approval.<br />

16.2—Contempt Proceedings<br />

(a) The <strong>House</strong> may punish, by fine or imprisonment, any person who<br />

is not a member and who is guilty <strong>of</strong> disorderly or contemptuous conduct in its<br />

presence or <strong>of</strong> a refusal to obey its lawful summons.<br />

(b) A person shall be deemed in contempt if the person:<br />

(1) Fails or refuses to appear in compliance with a subpoena or, having<br />

appeared, fails or refuses to testify under oath or affirmation;<br />

(2) Fails or refuses to answer any relevant question or fails or refuses<br />

to furnish any relevant book, paper, or other document subpoenaed on behalf <strong>of</strong><br />

such committee; or<br />

(3) Commits any other act or <strong>of</strong>fense against such committee that, if<br />

committed against the Legislature or either house there<strong>of</strong>, would constitute<br />

contempt.<br />

(c) During a legislative session, a standing or select committee may, by<br />

majority vote <strong>of</strong> all <strong>of</strong> its members, apply to the <strong>House</strong> for contempt citation.<br />

The application shall be considered as though the alleged contempt had been<br />

committed in or against the <strong>House</strong> itself. If such committee is meeting during<br />

the interim, its application shall be made to the circuit court pursuant to Rule<br />

16.6.<br />

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