Florida Statute 17.05 - Full Text and Legal Analysis

17.05 Subpoenas; sworn statements; enforcement proceedings.—

(1) The Chief Financial Officer may demand and require full answers on oath from any and every person, party or privy to any account, claim, or demand against or by the state, such as it may be the Chief Financial Officer’s official duty to examine into, and which answers the Chief Financial Officer may require to be in writing and to be sworn to before the Chief Financial Officer or the department or before any judicial officer or clerk of any court of the state so as to enable the Chief Financial Officer to determine the justice or legality of such account, claim, or demand.

(2) In exercising authority under this chapter, the Chief Financial Officer or his or her designee may:

(a) Issue subpoenas, administer oaths, and examine witnesses.

(b) Require or permit a person to file a statement in writing, under oath or otherwise as the Chief Financial Officer or his or her designee requires, as to all the facts and circumstances concerning the matter to be audited, examined, or investigated.

(3) Subpoenas shall be issued by the Chief Financial Officer or his or her designee under seal commanding such witnesses to appear before the Chief Financial Officer or his or her representative or the department at a specified time and place and to bring books, records, and documents as specified or to submit books, records, and documents for inspection. Such subpoenas may be served by an authorized representative of the Chief Financial Officer or the department.

(4) In the event of noncompliance with a subpoena issued pursuant to this section, the Chief Financial Officer or the department may petition the circuit court of the county in which the person subpoenaed resides or has his or her principal place of business for an order requiring the subpoenaed person to appear and testify and to produce books, records, and documents as specified in the subpoena. The court may grant legal, equitable, or injunctive relief, including, but not limited to, issuance of a writ of ne exeat or the restraint by injunction or appointment of a receiver of any transfer, pledge, assignment, or other disposition of such person’s assets or any concealment, alteration, destruction, or other disposition of subpoenaed books, records, or documents, as the court deems appropriate, until such person has fully complied with such subpoena and the Chief Financial Officer or the department has completed the audit, examination, or investigation. The Chief Financial Officer or the department is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on its calendar. Costs incurred by the Chief Financial Officer or the department to obtain an order granting, in whole or in part, such petition for enforcement of a subpoena shall be charged against the subpoenaed person, and failure to comply with such order shall be a contempt of court.

History.—s. 5, ch. 8, 1845; RS 97; GS 101; RGS 114; CGL 144; s. 1, ch. 73-334; s. 56, ch. 95-147; s. 1, ch. 99-155; s. 22, ch. 2003-261.

Cases Citing F.S. 17.05

Fla. Stat. § 17.05 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Johnny Swanson, III v. The State of Alabama, 490 F.3d 894 (11th Cir. 2007).
Cited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 15519, 2007 WL 1859323
17-22A-7(b)(2) (2005) (current version at Ala.Code § 17-5-7(b)(2)), which bars candidates from accepting
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Cited as authorityMeadors (2023)
phrase: "rule_authority"
Cited as authority(citing case) (2022)
phrase: "rule_authority"
Cited as authority(citing case) (2021)
phrase: "rule_authority"
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·Georgia Latino All. for Human Rights v. Governor of Georgia, 691 F.3d 1250 (11th Cir. 2012).
Cited 98 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 3553612, 2012 U.S. App. LEXIS 17514
identification listed in the statute. O.C.G.A. § 17-5-100(b). If the officer verifies that the individual
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Superseded(citing case) (2020)
phrase: "superseded by"
Superseded(citing case) (2020)
phrase: "superseded by"
Superseded(citing case) (2020)
phrase: "superseded by"
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·Acker v. Acker, 904 So. 2d 384 (Fla. 2005).
Cited 20 times | Published | Supreme Court of Florida | 2005 WL 851010
Law of Domestic Relations in the United States, § 17.5, at 259 (2d ed. 1987) ("The first step in reaching
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DistinguishedCommissioner (2014)
phrase: "distinguishing"
Cited as authorityGrable (2026)
phrase: "rule_authority"
Cited as authority(citing case) (2023)
phrase: "rule_authority"
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Bellsouth Telecomm., Inc. v. Mcimetro Access Transmission Servs., Inc., 317 F.3d 1270 (11th Cir. 2003).
Cited 32 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 358
rejecting an agreement under this section. 17 (5) Commission to act if State will
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·Capital Bank v. Schuler, 421 So. 2d 633 (Fla. 3d DCA 1982).
Cited 7 times | Published | Florida 3rd District Court of Appeal | 35 A.L.R. 4th 976, 34 U.C.C. Rep. Serv. (West) 1287, 1982 Fla. App. LEXIS 21532
J. White & R. Summers, Uniform Commercial Code § 17-5, at 680 (2d ed. 1980). If the amount of the check
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Cited as authority(citing case) (1995)
phrase: "rule_authority"
Cited as authority(citing case) (1989)
phrase: "rule_authority"
Cited as authorityR.W.S. (1989)
phrase: "rule_authority"
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·State v. Billie, 497 So. 2d 889 (Fla. 2d DCA 1986).
Cited 6 times | Published | Florida 2nd District Court of Appeal
from the Act. 16 U.S.C.A. § 1539(e); 50 C.F.R. § 17.5 (1985). In expressly exempting only Alaskan Indians
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Cited as authorityCrist (2008)
phrase: "rule_authority"
Cited as authorityCrist (2008)
phrase: "rule_authority"
Cited as authorityMcKendry (1994)
phrase: "rule_authority"
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·Albritton v. Gen. Portland Cement Co., 344 So. 2d 574 (Fla. 1977).
Cited 6 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3893
...[10] It is so ordered. OVERTON, C.J., and ADKINS, BOYD, SUNDBERG, HATCHETT and KARL, JJ., concur. NOTES [1] The record before us is unclear as to whether the judgment also was filed in any other counties. [2] Ch. 70-12, Laws of Florida. [3] 1A Collier on Bankruptcy § 17.05 (14th ed....
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Cited as authorityChristakis (2015)
phrase: "rule_authority"
Cited as authorityMelvin (1981)
phrase: "rule_authority"
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·Crosby v. Lewis, 523 So. 2d 1154 (Fla. 5th DCA 1988).
Cited 6 times | Published | Florida 5th District Court of Appeal | 1988 WL 1069
White and R. Summers, Uniform Commercial Code, § 17-5, 680-683 (2d ed. 1980). [5] The court did not
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Adopted(citing case) (1994)
phrase: "adopted by"
Cited as authority(citing case) (1988)
phrase: "rule_authority"
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·Kermit F. Holton v. Lanson Newsome, Warden, 750 F.2d 1513 (11th Cir. 1985).
Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 27641
Ed.2d 497 (1969); see also O.C.G.A. § 17-5-30 (1982). Additionally, state courts are the ultimate
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Cited as authorityByrd (1988)
phrase: "rule_authority"
Cited as authority(citing case) (1987)
phrase: "rule_authority"
Cited as authorityShifflett (1986)
phrase: "rule_authority"
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·John Joerg, Jr., etc. v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247 (Fla. 2015).
Cited 12 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 553, 2015 Fla. LEXIS 2298, 2015 WL 5995754
Jerome H. Nates et al., Damages in Tort Actions § 17-5 (1988)) (emphasis supplied)). We now agree with
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Receded from(citing case) (2022)
phrase: "receded from"
DistinguishedStrickler (2020)
phrase: "distinguished in"
Cited as authorityBuchman (2025)
phrase: "rule_authority"
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·Elkind v. Bennett, 958 So. 2d 1088 (Fla. 4th DCA 2007).
Cited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 1753571
principle of the Anglo-American legal system." Id. at § 17.5 (quoting In re Complex Asbestos Litigation, 232
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Cited as authorityRombola (2014)
phrase: "rule_authority"
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·The Alabama Democratic Conf. v. Attorney Gen., State of Alabama, 838 F.3d 1057 (11th Cir. 2016).
Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 17517, 2016 WL 5389276
organization brought a legal challenge to Alabama Code § 17—5—15(b), which limited the ADC’s fundraising abilities
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Cited as authorityJones (2026)
phrase: "rule_authority"
Cited as authorityJones (2026)
phrase: "rule_authority"
Cited as authorityGREWAL (2021)
phrase: "rule_authority"
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Redner v. City of Tampa, 827 So. 2d 1056 (Fla. 2d DCA 2002).
Cited 1 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31269536
administrative board, the Variance Request Board. § 17.5-74, City of Tampa Code. Under Kremer, a wet-zoning
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·Eckert v. Publix Supermarkets, Inc., 783 So. 2d 1187 (Fla. 1st DCA 2001).
Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 5561, 2001 WL 420597
...An exception arises if the injured worker and the employer have already agreed on an evaluator. The evaluator’s job is to decide if training and education is appropriate. Once assigned, the evaluator has 30 days to submit the results to the Division, employer, and employee, (citation omitted). Id. at § 17.05[1]....
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Cited as authorityDouglas (2006)
phrase: "rule_authority"
Relied uponDouglas (2006)
phrase: "relied on in"
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·Tepper ex rel. Michelson v. Citizens Fed. Sav. & Loan Ass'n, 448 So. 2d 1138 (Fla. Dist. Ct. App. 1984).
Published | District Court of Appeal of Florida | 38 U.C.C. Rep. Serv. (West) 528, 1984 Fla. App. LEXIS 12695
White and R. Summers, Uniform Commercial Code § 17-5 (2d ed. 1980). Presentment of a negotiable instrument
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Cited as authority(citing case) (1988)
phrase: "rule_authority"
Cited as authority(citing case) (1985)
phrase: "rule_authority"
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·Abraham Wallace v. NCL (Bahamas) Ltd., 733 F.3d 1093 (11th Cir. 2013).
Published | Court of Appeals for the Eleventh Circuit | 21 Wage & Hour Cas.2d (BNA) 617, 2013 A.M.C. 2705, 2013 WL 5434714, 2013 U.S. App. LEXIS 20048
Martin J. Norris, The Law of Seamen § 17:5, at 517-19, 17:6, at 519 (4th ed.1985) (citations
0 red0 yellow1 green0 procedural
Cited as authority(citing case) (2022)
phrase: "rule_authority"
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·Merritt v. First Nat'l Bank of Miami, 251 So. 2d 329 (Fla. 3d DCA 1971).
Published | Florida 3rd District Court of Appeal | 1971 Fla. App. LEXIS 6153
467; 51 Am.Jur.2d, Liens, §47; 53 C.J.S. Liens § 17(5), p. 865. And, if they held a lien against Pearce-Simpson’s
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Cited as authorityKrech (1991)
phrase: "rule_authority"
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Capron Trail Cmty. Dev. Dist. v. Frenz Enter., Inc., 674 So. 2d 875 (Fla. Dist. Ct. App. 1996).
Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 5517, 1996 WL 279199
costs in an order which provided as follows: Section 17.5 of the Standard General Conditions of the Construction
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Tallahassee Mem'l Reg'l Med. Ctr. v. Lewis, 399 So. 2d 106 (Fla. 2d DCA 1981).
Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 19993
allowed by the Comptroller thereon, (e.s.) Section 17.05 provides: The Comptroller of this state may
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Brandon Fulton v. Fulton Cnty. Bd. of Commissioners (11th Cir. 2025).
Published | Court of Appeals for the Eleventh Circuit
Argued: Dec 12, 2023
returned Fulton’s horses by May 5, 2018. See id. § 17-5- 54(c)(2) (giving 30 days following a
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State of Florida v. Mark Anthony Poole (Fla. 2020).
Published | Supreme Court of Florida
on cruel and unusual punishment, article I, section 17, 5 does not require a unanimous jury recommendation—or

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.

Florida/Georgia Personal Injury & Workers Compensation

Cases Citing F.S. 17.05

·Johnny Swanson, III v. The State of Alabama, 490 F.3d 894 (11th Cir. 2007).

·Georgia Latino All. for Human Rights v. Governor of Georgia, 691 F.3d 1250 (11th Cir. 2012).

·Acker v. Acker, 904 So. 2d 384 (Fla. 2005).

Bellsouth Telecomm., Inc. v. Mcimetro Access Transmission Servs., Inc., 317 F.3d 1270 (11th Cir. 2003).

·Capital Bank v. Schuler, 421 So. 2d 633 (Fla. 3d DCA 1982).

·State v. Billie, 497 So. 2d 889 (Fla. 2d DCA 1986).

·Albritton v. Gen. Portland Cement Co., 344 So. 2d 574 (Fla. 1977).

·Crosby v. Lewis, 523 So. 2d 1154 (Fla. 5th DCA 1988).

·Kermit F. Holton v. Lanson Newsome, Warden, 750 F.2d 1513 (11th Cir. 1985).

·John Joerg, Jr., etc. v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247 (Fla. 2015).

·Elkind v. Bennett, 958 So. 2d 1088 (Fla. 4th DCA 2007).

·The Alabama Democratic Conf. v. Attorney Gen., State of Alabama, 838 F.3d 1057 (11th Cir. 2016).

Redner v. City of Tampa, 827 So. 2d 1056 (Fla. 2d DCA 2002).

·Eckert v. Publix Supermarkets, Inc., 783 So. 2d 1187 (Fla. 1st DCA 2001).

·Tepper ex rel. Michelson v. Citizens Fed. Sav. & Loan Ass'n, 448 So. 2d 1138 (Fla. Dist. Ct. App. 1984).

·Abraham Wallace v. NCL (Bahamas) Ltd., 733 F.3d 1093 (11th Cir. 2013).

·Merritt v. First Nat'l Bank of Miami, 251 So. 2d 329 (Fla. 3d DCA 1971).

Capron Trail Cmty. Dev. Dist. v. Frenz Enter., Inc., 674 So. 2d 875 (Fla. Dist. Ct. App. 1996).

Tallahassee Mem'l Reg'l Med. Ctr. v. Lewis, 399 So. 2d 106 (Fla. 2d DCA 1981).

Brandon Fulton v. Fulton Cnty. Bd. of Commissioners (11th Cir. 2025).

State of Florida v. Mark Anthony Poole (Fla. 2020).