Title: Public Assistance Fraud Investigations

Summary: Amending a specified provision relating to the Department of Financial Services investigations of public assistance fraud; authorizing the department to administer oaths and affirmations and issue subpoenas; providing for court enforcement of subpoenas, etc.

Full Text:
An act relating to public assistance fraud investigations by the Department of Financial Services; amending s. 414.411, F.S., relating to department investigations of public assistance fraud; authorizing the department to administer oaths and affirmations and issue subpoenas; providing for court enforcement of subpoenas; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (2) of section 414.411, Florida Statutes, is amended to read: 414.411 Public assistance fraud.  (2) In conducting an the conduct of such investigation pursuant to this section the Department of Financial Services may:( a)  Employ persons who have having such qualifications that as are useful in the performance of this duty. (b) Administer oaths and affirmations. (c ) Issue and serve subpoenas for the attendance of witnesses or the production of business records, books, papers, correspondence, memoranda,and other records. Such subpoenas may be served by representatives designated by the department. If a person refuses to obey such subpoena, the court that has jurisdiction in the geographical area where the inquiry is being carried out or in the area where the person who has refused the subpoena is found, resides, or transacts business may issue an order requiring compliance with the subpoena. Failure to obey such court order may be punished, civilly or criminally, by the court as contempt. Costs, including reasonable attorney fees, incurred by the department to obtain an order granting, in whole or in part, a petition to enforce a subpoena shall be taxed against the subpoenaed party. Section 2. This act shall take effect July 1, 2013.