§ 2.9. Testimony Under Oath.

All persons appearing before the County Commission or any other county body, when giving evidence as part of a duly advertised public hearing, shall first swear or affirm on the public hearing signature cards or, if signature cards are not appropriate, declare orally, that the evidence he or she will present is truthful by taking a written or oral oath or affirmation in substantially the following form:

Do you swear or affirm, under penalty of perjury, that the evidence or factual representations which you are about to give or present to this (Board or Commission, as appropriate), during any public hearing held this ____________ day of ____________ are truthful?

(1)

The signature cards or the oral statement of each person taking the oath or affirmation shall be noted in the public record of the meeting. Subject to subsection (3) below, the oath or affirmation shall be required of all persons speaking at a public hearing, including members of the public, consultants and attorneys who appear on behalf of clients, County staff, the County Administrator, the Clerk of the Circuit Court, the County Attorney and/or their representatives.

(2)

The oral oath or affirmation shall be administered by the Clerk of the Circuit Court, the Deputy Clerk, or a Notary Public of the State of Florida.

(3)

The oath or affirmation made pursuant to this Charter shall not apply to statements of opinion or legal arguments made during the course of a public hearing. During public meetings where evidence will not be taken, although the public will be allowed to comment or provide input to the edification of the County Commission or one of its Boards, the formality of the oath or affirmation shall not be required. In this regard, it is intended that such public input sessions, or public airings, proceed as an informal session. When advertising the matter or placing it on a public meeting agenda, it shall not be categorized as a public hearing.

(4)

Should any person knowingly make a false statement or false representation, under oath, as to any material matter being considered at the public hearing, the matter shall be referred to the County Commission for consideration at a public meeting. At the public meeting, the County Commission may determine whether or not a complaint will be filed with the Office of the State Attorney or the County Commission may order the matter investigated and a recommendation made as to charging a violation of the Florida perjury law.

(a)

PENALTIES. It shall be unlawful for any person to knowingly make a false statement or false factual representation, under oath, as to any material matter being considered at a public hearing. Persons violating this Section may be punished by a fine not exceeding $500 or imprisonment for a term not exceeding sixty (60) days, or both.

(b)

EFFECT. Action taken by the County Commission or any other County body on the basis of testimony which is later determined to have been false may be rescinded by that County body at its discretion, without liability on the part of the County.

(Amended 9-10-2002; Amended by ref. of 8-31-2004)