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Florida Statute 17.05 - Full Text and Legal Analysis
Florida Statute 17.05 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 17
CHIEF FINANCIAL OFFICER
View Entire Chapter
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

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Amendments to 17.05


Annotations, Discussions, Cases:

Cases Citing Statute 17.05

Total Results: 21

Georgia Latino Alliance for Human Rights v. Governor of Georgia

691 F.3d 1250, 2012 WL 3553612, 2012 U.S. App. LEXIS 17514

Court of Appeals for the Eleventh Circuit | Filed: Aug 20, 2012 | Docket: 877866

Cited 98 times | Published

identification listed in the statute. O.C.G.A. § 17-5-100(b). If the officer verifies that the individual

Bellsouth Telecommunications, Inc. v. Mcimetro Access Transmission Services, Inc.

317 F.3d 1270, 2003 U.S. App. LEXIS 358

Court of Appeals for the Eleventh Circuit | Filed: Jan 10, 2003 | Docket: 961324

Cited 32 times | Published

rejecting an agreement under this section. 17 (5) Commission to act if State will

Johnny Swanson, III v. The State of Alabama

490 F.3d 894, 2007 U.S. App. LEXIS 15519, 2007 WL 1859323

Court of Appeals for the Eleventh Circuit | Filed: Jun 29, 2007 | Docket: 398940

Cited 27 times | Published

17-22A-7(b)(2) (2005) (current version at Ala.Code § 17-5-7(b)(2)), which bars candidates from accepting

Acker v. Acker

904 So. 2d 384, 2005 WL 851010

Supreme Court of Florida | Filed: Apr 14, 2005 | Docket: 103498

Cited 20 times | Published

Law of Domestic Relations in the United States, § 17.5, at 259 (2d ed. 1987) ("The first step in reaching

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

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

Supreme Court of Florida | Filed: Oct 15, 2015 | Docket: 2924130

Cited 12 times | Published

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

Capital Bank v. Schuler

421 So. 2d 633, 35 A.L.R. 4th 976, 34 U.C.C. Rep. Serv. (West) 1287, 1982 Fla. App. LEXIS 21532

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 1719348

Cited 7 times | Published

J. White & R. Summers, Uniform Commercial Code § 17-5, at 680 (2d ed. 1980). If the amount of the check

Crosby v. Lewis

523 So. 2d 1154, 1988 WL 1069

District Court of Appeal of Florida | Filed: Jan 14, 1988 | Docket: 1517269

Cited 6 times | Published

White and R. Summers, Uniform Commercial Code, § 17-5, 680-683 (2d ed. 1980). [5] The court did not

State v. Billie

497 So. 2d 889

District Court of Appeal of Florida | Filed: Nov 14, 1986 | Docket: 1238079

Cited 6 times | Published

from the Act. 16 U.S.C.A. § 1539(e); 50 C.F.R. § 17.5 (1985). In expressly exempting only Alaskan Indians

Albritton v. General Portland Cement Co.

344 So. 2d 574, 1977 Fla. LEXIS 3893

Supreme Court of Florida | Filed: Mar 31, 1977 | Docket: 474805

Cited 6 times | Published

Laws of Florida. [3] 1A Collier on Bankruptcy § 17.05 (14th ed. rev. 1976). [4] Jaubert Bros. Inc. v

Kermit F. Holton v. Lanson Newsome, Warden

750 F.2d 1513, 1985 U.S. App. LEXIS 27641

Court of Appeals for the Eleventh Circuit | Filed: Jan 21, 1985 | Docket: 256215

Cited 5 times | Published

Ed.2d 497 (1969); see also O.C.G.A. § 17-5-30 (1982). Additionally, state courts are the ultimate

Elkind v. Bennett

958 So. 2d 1088, 2007 WL 1753571

District Court of Appeal of Florida | Filed: Jun 20, 2007 | Docket: 1734976

Cited 1 times | Published

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

Redner v. City of Tampa

827 So. 2d 1056, 2002 WL 31269536

District Court of Appeal of Florida | Filed: Oct 11, 2002 | Docket: 1726492

Cited 1 times | Published

administrative board, the Variance Request Board. § 17.5-74, City of Tampa Code. Under Kremer, a wet-zoning

Brandon Fulton v. Fulton County Board of Commissioners

Court of Appeals for the Eleventh Circuit | Filed: Jul 31, 2025 | Docket: 68054163

Published

Argued: Dec 12, 2023

returned Fulton’s horses by May 5, 2018. See id. § 17-5- 54(c)(2) (giving 30 days following a

State of Florida v. Mark Anthony Poole

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761629

Published

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

The Alabama Democratic Conference v. Attorney General, State of Alabama

838 F.3d 1057, 2016 U.S. App. LEXIS 17517, 2016 WL 5389276

Court of Appeals for the Eleventh Circuit | Filed: Sep 27, 2016 | Docket: 4426200

Published

organization brought a legal challenge to Alabama Code § 17—5—15(b), which limited the ADC’s fundraising abilities

Abraham Wallace v. NCL (Bahamas) Ltd.

733 F.3d 1093, 21 Wage & Hour Cas.2d (BNA) 617, 2013 A.M.C. 2705, 2013 WL 5434714, 2013 U.S. App. LEXIS 20048

Court of Appeals for the Eleventh Circuit | Filed: Oct 1, 2013 | Docket: 1365161

Published

Martin J. Norris, The Law of Seamen § 17:5, at 517-19, 17:6, at 519 (4th ed.1985) (citations

Eckert v. Publix Supermarkets, Inc.

783 So. 2d 1187, 2001 Fla. App. LEXIS 5561, 2001 WL 420597

District Court of Appeal of Florida | Filed: Apr 26, 2001 | Docket: 64805092

Published

employer, and employee, (citation omitted). Id. at § 17.05[1]. We conclude that section 440.15(l)(e)l was

Capron Trail Community Development District v. Frenz Enterprises, Inc.

674 So. 2d 875, 1996 Fla. App. LEXIS 5517, 1996 WL 279199

District Court of Appeal of Florida | Filed: May 29, 1996 | Docket: 64765061

Published

costs in an order which provided as follows: Section 17.5 of the Standard General Conditions of the Construction

Tepper ex rel. Michelson v. Citizens Federal Savings & Loan Ass'n

448 So. 2d 1138, 38 U.C.C. Rep. Serv. (West) 528, 1984 Fla. App. LEXIS 12695

District Court of Appeal of Florida | Filed: Apr 10, 1984 | Docket: 64604305

Published

White and R. Summers, Uniform Commercial Code § 17-5 (2d ed. 1980). Presentment of a negotiable instrument

Tallahassee Memorial Regional Medical Center v. Lewis

399 So. 2d 106, 1981 Fla. App. LEXIS 19993

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 64582952

Published

allowed by the Comptroller thereon, (e.s.) Section 17.05 provides: The Comptroller of this state may

Merritt v. First National Bank of Miami

251 So. 2d 329, 1971 Fla. App. LEXIS 6153

District Court of Appeal of Florida | Filed: Jun 1, 1971 | Docket: 64521718

Published

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