Florida Statute 17.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 17
CHIEF FINANCIAL OFFICER

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F.S. 17.05

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.

F.S. 17.05 on Google Scholar

F.S. 17.05 on Casetext

Amendments to 17.05

Arrestable Offenses / Crimes under Fla. Stat. 17.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 17.05.

Annotations, Discussions, Cases:

Cases Citing Statute 17.05

Total Results: 20

Allen Ward Cox v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-07-11

Snippet: ” She described the wound as being approximately 17.5 centimeters deep, although only two millimeters

ALDO DISORBO v. AMERICAN VAN LINES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: 5% of ASAP, while Phillip and Stefano each owned 17.5%. ASAP was to serve as a real estate holding company

BARRY M. BRANT, as Trustee of THE OKEECHOBEE CC-1 LAND TRUST U/I/D 3/10/04 v. METROPOLITAN LIFE INSURANCE COMPANY and MLIC ASSET HOLDINGS, LLC

Court: District Court of Appeal of Florida | Date Filed: 2020-09-16

Snippet: THE OKEECHOBEE CC-II LAND TRUST U/I/D 3/17/05, BARRY M. BRANT, as trustee of

State of Florida v. Mark Anthony Poole

Court: Supreme Court of Florida | Date Filed: 2020-01-23

Snippet: cruel and unusual punishment, article I, section 17, 5 does not require a unanimous jury recommendation—or

Frederick Webster v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-10-30

Snippet: Corrections. Appellant claimed that because section 944.17(5) fails to provide a cause of action for him to enforce

J.A., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-03-22

Snippet: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT J.A., a child, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D17-0005 [March 22, 2018] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Elijah

Liork, LLC v. Bh 150 Second Avenue, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-02-21

Citation: 241 So. 3d 920

Snippet: it sought to purchase. The purchase price was $17.5 million and BH 150 paid a $1.1 million non-refundable

In Re: Amendments to the Florida Supreme Court Approved Family Law Forms - Form 12.961

Court: Supreme Court of Florida | Date Filed: 2017-12-14

Snippet: Contempt/Enforcement (12/17) -5- An attorney who has

In Re: Certification of Need for Additional Judges

Court: Supreme Court of Florida | Date Filed: 2017-11-22

Citation: 230 So. 3d 1164

Snippet: Report No. 17-05, February 2017, http://www.oppaga. state.fl,us/Summary.aspx?reportNum= 17-05.

John Joerg, Jr., etc. v. State Farm Mutual Automobile Insurance Co.

Court: Supreme Court of Florida | Date Filed: 2015-10-15

Citation: 176 So. 3d 1247, 40 Fla. L. Weekly Supp. 553, 2015 Fla. LEXIS 2298, 2015 WL 5995754

Snippet: Jerome H. Nates et al., Damages in Tort Actions § 17-5 (1988)) (emphasis supplied)). We now agree with

Leonard Patrick Gonzalez, Jr. v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-04-10

Citation: 136 So. 3d 1125, 39 Fla. L. Weekly Supp. 219, 2014 WL 1408552, 2014 Fla. LEXIS 1211

Snippet: robbery with a firearm. Gonzalez, Sr. was sentenced to 17.5 years for each count, to run concurrently. Sumner

Edwards v. Crews

Court: District Court of Appeal of Florida | Date Filed: 2013-10-25

Citation: 124 So. 3d 422, 2013 Fla. App. LEXIS 17056, 2013 WL 5779485

Snippet: Institution without full compliance with section 944.17(5), Florida Statutes, the writ of ha-beas corpus is

State Farm Mutual Automobile Insurance Co. v. Joerg

Court: District Court of Appeal of Florida | Date Filed: 2013-06-21

Citation: 188 So. 3d 852, 2013 WL 3107207, 2013 Fla. App. LEXIS 9840

Snippet: Jerome H. Nates, et al., Damages in Tort Actions, §§ 17-5, 17-8 (1988)). The rule also maintains a level of

State v. Garcia-Costa

Court: District Court of Appeal of Florida | Date Filed: 2012-04-20

Citation: 86 So. 3d 562, 2012 WL 1368180, 2012 Fla. App. LEXIS 6178

Snippet: (2010), instead of the lowest permissible sentence of 17.5 years called for under the criminal punishment code

Sykes v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-02-24

Citation: 31 So. 3d 846, 2010 Fla. App. LEXIS 2071, 2010 WL 624229

Snippet: papers do not meet the requirements of section 944.17(5), Florida Statutes. This statute directs the circuit

Altamonte Springs Imaging, L.C. v. State Farm Mutual Automobile Insurance

Court: District Court of Appeal of Florida | Date Filed: 2009-06-03

Citation: 12 So. 3d 850, 2009 Fla. App. LEXIS 8216, 2009 WL 1531610

Snippet: ($1,130.00 payable) June 30, 2005 311.8 17.5% ($1,175.00 payable). Computing the amounts payable

Sykes v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-02-11

Citation: 974 So. 2d 1133, 2008 WL 351105

Snippet: Correctional Institution had violated section 944.17(5), Florida Statutes, by admitting him on the basis

Rollins v. Bay HR, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-11-21

Citation: 968 So. 2d 697, 2007 WL 4125909

Snippet: finding, per Florida Administrative Code Rule 38B-2.017(5)(d), that the claimant's drug addiction was an illness

Cox v. State

Court: Supreme Court of Florida | Date Filed: 2007-07-05

Citation: 966 So. 2d 337, 2007 WL 1932134

Snippet: " She described the wound as being approximately 17.5 centimeters deep, although only two millimeters

Elkind v. Bennett

Court: District Court of Appeal of Florida | Date Filed: 2007-06-20

Citation: 958 So. 2d 1088, 2007 WL 1753571

Snippet: principle of the Anglo-American legal system." Id. at § 17.5 (quoting In re Complex Asbestos Litigation, 232