Florida/Georgia Personal Injury & Workers Compensation

...state, acting through the state attorney, have the inherent sovereign prerogative to present evidence of the defendant's criminal conduct. It is the duty of the state attorney to carry out this prerogative of the people. Art. V, § 17, Fla. Const.; § 27.04, Fla....

...." (Emphasis added.) To ensure that the state attorney has the means to carry out this responsibility, the legislature granted that officer the power to subpoena witnesses to testify ex parte under oath concerning a criminal offense before a criminal offense is charged. Section 27.04, Florida Statutes (1989), reads as follows: The state attorney shall have summoned all witnesses required on behalf of the state; and he is allowed the process of his court to summon witnesses from throughout the state to appear before...

...rney under oath before a court reporter is, in our criminal-charging scheme, testimony that has the same effect as testimony before a grand jury. This procedure is expressly authorized by article I, section 15(a), of the Florida Constitution, and by section 27.04, Florida Statutes (1989)....

(Ala.Cr.App.1982); W. Ringel, supra, at § 27.4(b). Because a potential criminal defendant’s protection

...1st DCA 1987)). Similarly, we find that public policy reasons exist in the present case which would also justify an exception to face-to-face confrontation. First, the witnesses in this case lived beyond the subpoena power of the court. See, e.g., § 27.04, Fla....

...At least one author traces the Confrontation Clause to the common-law reaction against these abuses of the Raleigh trial. See F. Heller, The Sixth Amendment 104 (1951). California v. Green, 399 U.S. 149, 157 n. 10, 90 S.Ct. 1930, 1934 n. 10, 26 L.Ed.2d 489 (1970). [3] Section 27.04 states: The state attorney shall have summoned all witnesses required on behalf of the state; and he or she is allowed the process of his or her court to summon witnesses from throughout the state to appear before the state attorney in...

...rogated, and he or she is empowered to administer oaths to all witnesses summoned to testify by the process of his or her court or who may voluntarily appear before the state attorney to testify as to any violation or violations of the criminal law. § 27.04, Fla....

...It cannot be said therefore that the state attorney caused this subpoena to be issued to secure this witness to appear before that grand jury not yet in existence, as he is directed to do when "so required by the grand jury" pursuant to F.S.A. § 932.17. In the second part of F.S.A. § 27.04 the state's attorney is allowed the process of the circuit court to summon witnesses to appear before him to testify as to any violation of the criminal law....

...r a capital crime an information of the state attorney has the effect of an indictment by a grand jury. [8] In addition to the statutory authority of the state attorney to summon witnesses to testify before him contained in the second part of F.S.A. § 27.04, that section provides: "The state attorney shall have summoned all witnesses required on behalf of the state; * * *." At common law it was the duty of the public prosecutor to prepare indictments and submit them together with the witnesses to the grand jury when organized....

...Does the common law give sanctuary? This writer is in nowise persuaded that the common law authorized the happenings here found. Assuming that it did, the comprehensive statutory enactment found in F.S.A. § 932.17, supra, together with the powers afforded the state attorney in F.S.A. § 27.04 (state attorney can summon witnesses to testify before him), invade and fill the field so as to serve as a repealer by implication....

...At that point, the rule limits the prosecution's otherwise plenary power to subpoena witnesses and take ex parte testimony as to any violation of the criminal law within its jurisdiction. Able Builders Sanitation Co. v. State, 368 So.2d 1340 (Fla. 3d DCA), dismissed, 373 So.2d 461 (1979); § 27.04, Fla....

...In seeking to prosecute Johnson for DUI manslaughter, the State attempted to notify her that her hospital records were being subpoenaed, pursuant to section 395.3025, Florida Statutes (1997). [1] After its attempts to serve notice *392 were unsuccessful, the State utilized its investigative subpoena power under section 27.04, Florida Statutes (1997) [2] to obtain the records....

...use of its investigative subpoena power, and if not, what sanction is to be imposed when the State does not comply with these procedural requirements. Based on the clear language of the statute, we hold that the state attorney's subpoena power under section 27.04, Florida Statutes (1997), cannot override the notice requirement of section 395.3025(4)(d)....

...(d) In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative. § 395.3025(4)(d), Fla. Stat. (1997). [2] Section 27.04, Florida Statutes (1997), provides: The state attorney shall have summoned all witnesses required on behalf of the state; and he or she is allowed the process of his or her court to summon witnesses from throughout the state to appear b...

...in order to be effective. Taulty v. Hobby, 71 So.2d 489 (Fla. 1954). Citing Barnes v. State, 58 So.2d 157 (Fla. 1951) (reh. den. 1952) the District Court concluded that "the subject matter of [a state attorney's] interrogation [conducted pursuant to Section 27.04, Florida Statutes (1975)] must be confined to violations of criminal law", at 553, and reversed Mrs....

...of the court certain witnesses of the defendant, upon whom process had already been issued and served in behalf of the defendants and placing such witnesses under oath and examining them. The State Attorney has this authority under the provisions of Section 27.04, Florida Statutes 1951, F.S.A. The State Attorney is a semi-judicial officer, the lawyer representing the public, in the prosecution of persons accused of crime and his duties are prescribed by statute. By Section 27.04, supra, the State Attorney "is allowed the process of his court to summon witnesses to appear before him in or out of term time, at such convenient places in the county where such witnesses reside, and at such time as may be designated...

...and further held that we find nothing in the statute that attempts to limit the power of the State Attorney to interrogate witnesses, except that the subject matter of the interrogation be confined to the violation of any criminal law. The statute, Section 27.04, is somewhat analogous to Rule B, Section 1, paragraph 39, of the Code of Ethics Governing Attorneys, 31 F.S.A., which rule was discussed in Mathews v. State, Fla., 44 So.2d 664, and the State Attorney under section 27.04, supra, and Rule B, supra, not only had the right, but it was his plain duty to call before him and to interview and examine any witness whom he had reason to believe knew facts concerning the violation of any criminal law....

...y all means to resist the temptation to influence or bias the testimony of the witnesses. * * * If it was charged that an attorney had been guilty of such impropriety, it would constitute cause for the disciplinary action of the court". The statute, Section 27.04, supra, being liberally construed, the State Attorney has the right to call before him under the process of the court and examine, under oath, any person whom the State Attorney has reason to believe may have any information concerning...

...Hunter has never been arrested or taken into custody for any crime arising out of this accident. On 3 November 1993, an assistant state attorney investigating the accident submitted a praecipe and subpoena duces tecum for a state attorney's investigative subpoena pursuant to Florida Statutes section 27.04, [1] to the clerk of the court....

...Ehrhardt, Florida Evidence § 90.401 (1992); see also John Henry Wigmore, Evidence § 2 (Peter Tiller ed., 3d ed. 1983); McCormick on Evidence § 185 (John William Strong ed., 3d ed. 1992). We deny the writ and remand the case for further proceedings consistent with this opinion. DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] Section 27.04, "Summoning and examining witnesses for state." reads: The state attorney shall have summoned all witnesses required on behalf of the state; and he [or she] is allowed the process of his [or her] court to summon witnesses from throughou...

...errogated, and he [or she] is empowered to administer oaths to all witnesses summoned to testify by the process of his [or her] court or who may voluntarily appear before him [or her] to testify as to any violation or violations of the criminal law. § 27.04, Fla....

...Before taking the unretraceable step of immunizing a putative offender, the prosecutor must develop information from all other available sources and carefully weigh probabilities. In Florida, the state attorney may subpoena witnesses to appear for questioning either before the grand jury, or, pursuant to Section 27.04, Florida Statutes (1975), before the state attorney himself....

...firmer ground. The State Attorney, in his official capacity as such, had plenary authority to instigate the subpoena process. Concededly, our Florida Constitution and Statutes give to State Attorneys important and responsible powers and duties. F.S. § 27.04 F.S.A....

...In 1980 the state attorney’s office for the Sixth Judicial Circuit in Clearwater, Florida began investigating possible criminal violations by members of the Church of Scientology. The charges included alleged harassment and intimidation of newspaper reporters. Pursuant to Fla.Stat. § 27.04, the office issued an investigative subpoena to Wolfe, who was a public relations official for the Church....

crime are under his supervision and control. By Section 27.04 Florida Statutes 1941 the state attorney "is

...use of its investigative subpoena power, and if not, what sanction is to be imposed when the State does not comply with these procedural requirements. Based on the clear language of the statute, we hold that the state attorney's subpoena power under section 27.04, Florida Statutes (1997), cannot override the notice requirement of section 395.3025(4)(d)." [e.s.] 814 So.2d at 393....

...t. Perjury by contradictory statements, as set forth by Section 837.021, Florida Statutes 1975, consists of two or more material statements being wilfully made under oath during one or more official proceedings which, in fact, contradict each other. Section 27.04, Florida Statutes 1975, provides that a state attorney may summon witnesses through the process of the court to appear before him to testify as to any violation of criminal law which he may be investigating, and he is authorized to administer oaths to such witnesses....

...pitched voice, had attended the University of Pennsylvania, and that they thought he was a doctor. In the criminal investigation which followed Sepler was subpoenaed to appear before an assistant state attorney for examination, as provided for under § 27.04 Fla....

...316.1932 or section 316.1933, Florida Statutes (1987). After hearing reports that Wenger had a strong odor of alcohol on his breath at the time of the accident, the state attorney obtained the blood test report pursuant to his subpoena powers under section 27.04, Florida Statutes (1987)....

...ere the subject of a subpoena duces tecum, the results were obtained contrary to the privileged and confidential status given to them by the legislature and were properly suppressed. The state suggests that the subpoena powers of its attorneys under section 27.04, Florida Statutes (1987), are paramount to the privileged and confidential status bestowed upon patients' records pursuant to section 395.017....

...se charged in the information, it correctly refused to be bound not to use any of the records produced in the pending prosecution. We find totally inapposite cases dealing with the United States Attorney, who has no power comparable to that found in Section 27.04, Florida Statutes (1981), to use the process of the court to have witnesses come before him to testify....

...lars); Davis v. Mississippi, 394 U.S. 721, 89 S.Ct. 1394, 22 L.Ed.2d 676 (1969) (Fourth Amendment violated where twenty-four black youths were detained and fingerprinted without consent, probable cause, or warrant in sweep for rape suspect). [2] See § 27.04, Fla....

...s may be brought by information issued by a state attorney. Art. I, § 15, Fla. Const. In those cases pursued by information, the state attorney may assume the initial investigative role otherwise played by the grand jury and has subpoena power. See § 27.04, Fla....

...for injuries received in the accident, particularly the results of tests of blood taken for purposes of medical treatment. Petitioner objected, and the trial court, after conducting a hearing, authorized the subpoena. The trial court concluded that section 27.04, Florida Statutes (1993), which gives the state the authority to summon witnesses, authorizes the state to subpoena medical records under these circumstances, so long as proper notice is given as required by section 395.3025(4), Florida...

...sanctions upon breach, might constitute a less drastic measure more narrowly tailored to serve the state's interest in safeguarding a victim's privacy. See The Florida Star, 491 U.S. at 538, 109 S.Ct. at 2611; see also Investigation: Florida Statute 27.04, Subpoena of Roche v....

...ubpoena duces tecum directed to it for production of designated documents, service of which was made by serving the Florida resident agent of General Motors, said subpoena having been issued at the instance of the State Attorney of Dade County under Section 27.04, Florida Statutes (1975) incident to a criminal investigation....

...ority and, in calling for Wyche "to provide standards of his fingerprints" without probable cause, is unconstitutional. [2] I. Wyche's argument that the subpoena is unauthorized is based on his reading of the pertinent statute and rule. He says that Section 27.04, Florida Statutes, expressly permits the state attorney to summon witnesses to appear "to testify" and says nothing about producing non-testimonial evidence, much less fingerprints....

...ests that the rule was not designed to affect the prosecutorial investigative process which normally occurs (and is completed) prior to the filing of charges." State v. Acuna, 1 Fla. Supp.2d at 30 n. 4. Second, although Wyche correctly observes that Section 27.04 says nothing about the production of nontestimonial evidence, the statute, as we have noted, has been uniformly held to authorize the use of subpoenae duces tecum in criminal investigations....

...764, 35 L.Ed.2d 67 (1973) (voice exemplar), there is no impediment to a state attorney compelling the production of the same evidence when acting as the State's counterpart to a federal grand jury. II. Wyche's argument that the subpoena goes too far is grounded on his contention that even if authorized by Section 27.04, Florida Statutes, the compelled taking of his fingerprints violates his constitutionally guaranteed right to be free from self-incrimination and unreasonable seizures....

...make some preliminary showing of reasonableness or to establish probable cause. United States v. Mara, 410 U.S. at 22, 93 S.Ct. at 776, 35 L.Ed.2d at 103. But see Saracusa v. State, 528 So.2d 520 (Fla. 4th DCA 1988). [4] CERTIORARI DENIED. NOTES [1] Section 27.04, Florida Statutes (1987), provides: "Summoning and examining witnesses for state....

...State's Subpoena of Eric Cohen Franqui claims it was improper for the State to invoke the use of an investigatory subpoena to compel defense counsel to appear for questioning in the prosecutor's office prior to the postconviction evidentiary hearing. Section 27.04, Florida Statutes (2006), provides as follows: The state attorney shall have summoned all witnesses required on behalf of the state; and he or she is allowed the process of his or her court to summon witnesses from throughout the state...

...inent here and would view the amendment as an "interpretive statute ... highly persuasive even for purpose of determining application ... to a transaction occurring prior to enactment of the interpretive statute." Sutherland, Statutory Construction, § 27.04, note 1, citing Calvert v....

...nformation sought by deposition. However, this prohibition against the taking of depositions shall not be applicable if following the furnishing of discovery by the defendant the state then takes the statement of a listed defense witness pursuant to section 27.04, Florida Statutes....

...be entitled to compulsory process for any or all witnesses to enable the defendant to interrogate them under oath, before trial, for discovery purposes. A view was expressed that some limitation should be placed on the state's rights under sections 27.04 and 32.20, Florida Statutes, which allow the prosecutor to take all depositions unilaterally at any time....

...formation sought by deposition. However, this prohibition against the taking of depositions shall not be applicable if following the furnishing of discovery by the child the petitioner then takes the statement of a listed defense witness pursuant to section 27.04, Florida Statutes....

...But it is significant to note that the Hon. Justice Thomas, who authored that opinion, stated: "* * * True, investigations by a grand jury are secretly held because the statute requires that they be secret but there is slight if any analogy between such procedure and that followed under Section 27.04 (F.S.)....

...V, § 4(b)(3), Fla. Const.; Fla.R.App.P. 9.100(a); see: Seaboard Air Line R. Co. v. Timmons, 61 So.2d 426 (Fla. 1952); Travelers Indemnity Co. v. Salido, 354 So.2d 963 (Fla. 3d DCA 1978). The central question presented for review is whether a state attorney under Section 27.04, Fla....

...(1977)] before the Circuit Court for the Eleventh Judicial Circuit of Florida. Two of the corporations charged in the information were petitioners Able Builders Sanitation Co. and Independent Portable Sanitation, Inc. Prior thereto, the state attorney had issued an ex parte investigative subpoena duces tecum [under § 27.04, Fla....

...3.220. The petitioners filed appropriate motions to quash the subpoena duces tecum served upon them, which motions the trial court denied. This petition for writ of certiorari follows. B It is the established law of Florida that the state attorney under Section 27.04, Fla....

...It is therefore clear that the subpoena duces tecum issued by the state in the instant case could not properly be enforced and should have been quashed upon the petitioner's motions. The state argues that Barnes v. State, 58 So.2d 157 (Fla. 1952), authorizes the state attorney to employ his investigative subpoena power under Section 27.04, Florida Statutes (1977), to obtain, as here, discovery materials which are denied to him by the Florida Rules of Criminal Procedure....

...g examiner, commissioner, notary, or other person taking testimony or a deposition in connection with any such proceeding." (emphasis supplied). Since it is plain that a state attorney [3] is an "official authorized to take evidence under oath," see § 27.04, Fla....

...It is clear, however, that, first, the definition of "official proceeding" in Section 837.011 contains no requirement that these trappings be present, and second, the absence of such trappings has never been recognized as affecting the officiality of the proceedings. It is evident from Section 27.04 itself (were it not otherwise obvious) that whether a witness is summoned to appear by subpoena or voluntarily appears without being summoned does not change the nature of the proceeding or the authority of the person before whom the proceeding is conducted....

...oath from the material witness or witnesses for the offense ... ." (emphasis supplied). The rule requires that the state attorney or his designated assistant take testimony under oath before filing an information charging the commission of a felony. Section 27.04, Florida Statutes, in turn, provides the state attorney with the concomitant authority to summon witnesses to testify before him as to any violations of the criminal law and to administer the required oath....

...rd degree... ." (emphasis supplied). In contrast, Section 837.012, Florida Statutes (1981), makes perjury when not in an official proceeding a misdemeanor of the first degree. [3] Or assistant state attorney. See § 27.181(3), Fla. Stat. (1981). [4] Section 27.04, Florida Statutes (1981), provides: "The state attorney shall have summoned all witnesses required on behalf of the state; and he is allowed the process of his court to summon witnesses from throughout the state to appear before him in...

...state, acting through the state attorney, have the inherent sovereign prerogative to present evidence of the defendant's criminal conduct. It is the duty of the state attorney to carry out this prerogative of the people. Art. V, § 17, Fla. Const.; § 27.04, Fla....

...02, holding that a pre-filing conference called by an assistant state attorney is, contrary to the trial court's ruling, an "official proceeding" within the meaning of the perjury statute. Observing that a state attorney is an official authorized by section 27.04, Florida Statutes (1981), to take evidence under oath, [8] the court identified the pivotal question as: [W]hether the pre-filing conference at which Witte allegedly swore falsely is, as he contends, a convenience created by and for the...

...tion, to certify "that he has received testimony under oath from the material witness or witnesses for the offense," Florida Criminal Rule 3.140(g), the court held that such requirement, in conjunction *1255 with the state attorney's authority under section 27.04, afforded a sufficient basis to sustain the allegations that Witte's interrogation was an "official proceeding." Turning to the instant case, the only pertinent statutory provisions authorizing the insurance carrier to take Nessmith's deposition is found in the Workers' Compensation Act, Florida Statutes (1983)....

...(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense. [7] The jury instructions refer to Ms. Benefield as an "official court reporter," although her testimony omitted the word "official." [8] Section 27.04 provides: Summoning and examining witnesses for state....

...the new subpoena. [8] V. Because the issue now before us is a recurrent one in DUI cases, the legislature may wish to consider the matter at a future session. The statute authorizing the state attorney to issue an investigative subpoena is found in section 27.04, Florida Statutes, but the statute does not contain a cross reference or other language calling attention to the fact that notice must be given under section 395.3025 in cases in which a patient's hospital records are subpoenaed. Adding an appropriate crossreference in section 27.04 would help assure that the notice requirement for hospital records is not overlooked....

...t by deposition. However, this prohibition against the taking of depositions shall not be applicable if following the furnishing of discovery by the defendant the State then takes the statement of a listed defense witness pursuant to Florida Statute 27.04....

...f the law." Clark v. State ex rel. Rubin, 122 So.2d 807, 812 (Fla. 3d DCA 1960). For want of a better phrase, appellant was a recalcitrant witness. She appeared before an assistant state attorney in response to a subpoena issued pursuant to sections 27.04 [1] and 27.181(3), [2] Florida Statutes (1979), which had been issued as part *381 of an investigation involving other individuals believed to be conspiring to traffic and trafficking in 10,000 pounds or more of cannabis in violation of sections 777.04(4)(b) and 893.135(1)(a)(3), Florida Statutes (1979)....

...ication of the ultimate, essential facts, [6] were all present in this case. The second purpose of this opinion is to discuss briefly appellant's contention that it was error for appellant to be questioned by the assistant state attorney pursuant to section 27.04, Florida Statutes (1979), in the presence of a law enforcement officer. Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those present during grand jury sessions, section 27.04 should be similarly restrictive....

...The latter asserts that the questioning was an unconstitutional intrusion into her privacy because of some vague, undefined personal relationship with a subject of the investigation. Appellant's interpretation of the new constitutional provision, if adopted, would vitiate the authority of each state attorney, pursuant to section 27.04, and that of assistant state attorneys acting thereunder in accordance with section 27.181(3)....

...The voters of Florida hardly intended to surrender their personal safety in an effort to protect their privacy. The remaining arguments have been considered and rejected. Accordingly, we affirm. LETTS, C.J., and OWEN, WILLIAM C., Jr., Associate Judge, concur. NOTES [1] Section 27.04 provides: Summoning and examining witnesses for state....

...titude in that role. Doe v. State, 634 So.2d 613, 615 (Fla.1994); Imparato v. Spicola, 238 So.2d 503, 506 (Fla. 2d DCA 1970); State v. Nat'l Research Sys., Inc., 459 So.2d 1134, 1135 (Fla. 3d DCA 1984); Op. Att'y Gen. Fla. 94-86 (1994). In addition, section 27.04, Florida Statutes (2000), allows the state attorney to issue subpoenas duces tecum for records as part of an ongoing investigation....

...a state attorney shall be elected for a four-year term and “shall be the prosecuting officer of all trial courts in that circuit....” Fla. Const, art. I, § 15. Except for capital crime, most prosecutions in Florida are initiated by information. Section 27.04 of the Florida Statutes provides in pertinent part as follows: The state attorney shall have summoned all witnesses required on behalf of the state, and he is allowed the process of his court to summon witnesses *1237 from throughout the state ......

...they are unrealistic or nonsensical, but instead their conclusory nature. Even assuming the truth, however, of these unlikely allegations, Mr. Scruggs is absolutely immune. In taking sworn testimony from Dr. Carey-Shuler and Mr. Codina, pursuant to Section 27.04 of the Florida Statutes and Florida Rule of Criminal Procedure 3.140(g), Mr....

...The person who is subpoenaed might not welcome the subpoena, but the state attorney has the constitutional duty to prosecute all crimes. Fla. Const. art. V, § 17. The state attorney also has the statutory right to summon witnesses to testify concerning any violation of the law. § 27.04, Fla....

before the state attorney under the authority of section 27.04, Florida Statutes (1995). Pursuant to section

...The fact that the relators were under investigation and were cross examined by the state attorney at the time of the depositions herein does not change this result. Such depositions cannot be converted into ex parte state attorney investigative proceedings under Section 27.04, Florida Statutes (1975), to which the above general immunity statute is applicable by the simple expedient of the state attorney propounding questions of the witness on cross examination....

...tion and that the complained of orders are not in conformity with the essential requirements of the law. As to the first question, certiorari is granted and the order complained of is quashed; as to the second, certiorari is denied. Under Fla. Stat. § 27.04 the State Attorney is granted broad authority to "......

...antitrust laws. Neither does section 542.28 purport to have anything to do with practice and procedure in the courts. It merely provides an investigative tool, prior to any court action, analagous to the investigative powers of state attorneys under section 27.04, Florida Statutes (1981)....

...Thereupon, the court adjudicated her guilty of contempt and sentenced her to be confined in the Pasco County Jail for a period of five months or until such time as she should answer the question propounded by the State Attorney. This case can be disposed of upon narrow grounds. Fla. Stat. 27.04 (1973) empowers the State Attorney to summon witnesses "to testify before him as to any violation of the criminal law upon which they may be interrogated ..." This does not mean that the State Attorney must have a particular criminal statute in mind before he can interrogate a witness under the statute....

...hich requires the prosecutor to certify, prior to filing an information, that he has received testimony under oath from the material witness or witnesses for the offense. The third district found that when this rule is considered in conjunction with section 27.04, Florida Statutes, which provides the state attorney with the authority to summon witnesses to testify before him as to any violations of the criminal law, the pre-filing conference is an official proceeding within the meaning of sectio...

...of a subpoena from a court of competent jurisdiction and proper notice by the party seeking such records to the patient or his or her legal representative. In Hunter v. State , the fifth district construed section 395.3025(4)(d) in conjunction with section 27.04, Florida Statutes (1993), which allows a state attorney "the process of his or her court" to summon and examine witnesses in the course of a criminal investigation. Hunter involved the state attorney's attempt to subpoena records from a hospital *1131 as part of a criminal investigation of a traffic accident. The state took the position that section 27.04 authorized the issuance of a subpoena by the clerk at the prosecutor's discretion, without the necessity of a judge's approval or notice to the patient under section 395.3025(4)(d)....

...Wenger, 560 So.2d at 347, where the defendant was brought to a hospital for treatment of injuries he received in a motor vehicle accident in which a person was killed. The defendant's blood sample was drawn for medical treatment purposes. The state attorney obtained the hospital blood test report pursuant to section 27.04, without giving notice to the defendant that the state was seeking his medical records from the hospital....

...uld best correct any speculation, rumor, or innuendo circulating about the instant family and that disclosure was in the best interest of the dependent children. See In re Adoption of H.Y.T., 458 So.2d 1127 (Fla.1984); Investigation: Florida Statute 27.04, Subpoena of Roche v....

...nas duces tecum to be issued, when requested by the grant jury. Section 905.185 , F.S. The state attorney has the unambiguous grant of authority to use the `process of his court' to request the issuance of a witness subpoena or subpoena duces tecum. Section 27.04 , F.S.; State v. Jett, 358 So.2d 875 (3 D.C.A. Fla., 1978). It is the process of the court, the subpoena, which requires one subpoenaed to testify, pursuant to s. 27.04 , F.S....

...Petitioner argues that Williams is wrongly decided and complains that, unlike the State, a criminal defendant does not have an investigative subpoena power or the right to have a subpoena remain secret. Cf. State v. Investigation, 802 So.2d 1141, 1144 (Fla. 2d DCA 2001) (recognizing that section 27.04, Florida Statutes, allows “the state attorney to issue subpoenas duces tecum for records as part of an ongoing investigation”) (additional citations omitted); see also § 119.071(2)(c)1, Fla....

...At the outset, we are concerned with the absence of a transcript. Florida Rule of Administrative Procedure 2.070(b) states that all criminal proceedings “shall be reported.” We regard a hearing on a motion to compel testimony pursuant to a subpoena issued under section 27.04, Florida Statutes (1997), as a hearing within a criminal proceeding....

...ermined only after an evidentiary hearing. There would be serious due process issues created by a procedure through which the client lost the privilege without notice or an opportunity to be heard. 2 We hold that when an attorney is subpoenaed under section 27.04 and raises the lawyer-client privilege as an objection to testimony, the alleged client has a right to be notified and to appear at any hearing on a motion to compel testimony from the attorney....

profit or benefit either directly or indirectly.” Section 27.4.1(a) directs the tax collector to issue special

statement of a listed defense witness pursuant to section 27.04, Florida Statutes. (2)Transcripts. No transcript

...The facts of the instant case fall within the general rule which provides immunity. Munsell, a California resident, was served with an investigative subpoena while at a hearing concerning his suit for return of the seized $300,000. This service was unconnected with any pending litigation but was served pursuant to section 27.04, Florida Statutes (1983). This statute provides: 27.04 Summoning and examining witnesses for state The state attorney shall have summoned all witnesses required on behalf of the state; and he is allowed the process of his court to summon witnesses from throughout the state to appear before him in o...

...He may interrogate wit *1288 nesses in connection with any violation of the criminal law. Able Builders Sanitation Co. v. State, 368 So.2d 1340,1341 (Fla. 3d DCA), dismissed, 373 So.2d 461 (Fla.1979); Morgan v. State, 309 So.2d 552, 553 (Fla. 2d DCA 1975). Moreover, an investigation may be held, and the subpoena powers of section 27.04 may be used, even when the target of the investigation has not been named in an indictment or an information....

...formation sought by deposition. However, this prohibition against the taking of depositions shall not be applicable if following the furnishing of discovery by the child the petitioner then takes the statement of a listed defense witness pursuant to section 27.04, Florida Statutes....

information upon the direction of a court order. Section 27.04, Florida Statutes, provides: The state attorney

Philip J. Padovano, Florida Appellate Practice § 27:4 (2018 ed.) ("The harmless error rule is designed

JORGENSON, Judge. The State of Florida seeks review of an order quashing a subpoena duces tecum *1135 issued pursuant to section 27.04, Florida Statutes (1988), which required National Research Systems, Inc....

...The order to quash, therefore, is a departure from the essential requirements of law. See Imparato v. Spicola, 238 So.2d 503 (Fla. 2d DCA 1970). Once on notice of the possibility of criminal activity within his jurisdiction, the state attorney has the authority to investigate, section 27.04, Florida Statutes (1983); indeed, it is his duty....

...Appellant argued that (1) the statements were inadmissible as violative of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and (2) said statements were protected by the “use immunity” guaranteed by section 914.04, Florida Statutes, whenever one testifies pursuant to a section 27.04, Florida Statutes (State criminal investigation) subpoena....

...sition. Appellant was adjudicated guilty and fined $300. This appeal followed. Appellant maintains that his statements are entitled to “use immunity.” As noted, section 914.04, Florida Statutes, provides that whenever one testifies pursuant to a section 27.04, Florida Statutes, subpoena, such testimony cannot later be used as evidence against deponent....

SHARP, Judge. The State appeals an order granting Daniels’ motion to suppress a written statement made by him under oath before a deputy sheriff and in response to an investigative subpoena issued by the State Attorney pursuant to section 27.04, Florida Statutes (1979)....

...Daniels was being prosecuted for perjury based on the statement which was suppressed. He argues the statement should have been suppressed because the deputy failed to give him any Miranda 1 warnings and the deputy was not empowered to require him to answer pursuant to section 27.04 or section 914.04, Florida Statutes (1979), and thereby to grant him “transactional immunity” from prosecution for the subject matter of his responses....

...nal Court of Record, and got a citation and rule to show cause why the petitioner should not be adjudged in contempt of court for his refusal to testify in the absence of his attorney. The petitioner attacked the contempt citation on the ground that Section 27.04, Florida Statutes, F.S.A., granted no authority generally to the State Attorney to conduct “secret” hearings and that, specifically, it did not appear from the proceedings just what it was that the State Attorney proposed to investigate....

...eir attorneys. For aught we know, or the record discloses, the hearing room would have been open to the multitude while the investigation progressed. As for his lack of knowledge about the subject of the inquiry the petitioner had but to read all of Section 27.04 to learn that the State Attorney is empowered to resort to the procedure “as to any violation * * * of the crimiual law.” Failing in his assault on the citation and rule to show cause, the petitioner filed an answer admitting his re...

...was undertaking to ferret out crime and the perpetrators of it. True, investigations by a grand jury are secretly held because the statute requires that they be secret but there is slight if any analogy between such procedure and that followed under Section 27.04....

...We don’t view the administration of justice as a means only of coddling prisoners and securing to lawbreakers escape from paying for their misdeeds but rather as a system to winnow the guilty and innocent to make freedom as well as guilt more sure. In his next question, the petitioner asserts that there is no authority in Section 27.04 for the State Attorney to hold a secret inquisition, and in his formal presentation of the problem he insists that there is no authority in the State Attorney to exclude counsel for a witness being interrogated....

...We think this treatment of the litigation puts the vital question completely out of focus. We know of no provision for secret inquisitional sessions by the State Attorney. This is the attitude of the Attorney General, respondent, who says in his brief that what he “is. empowered to do pursuant to Sec. 27.04 F.S.A....

...We agree and grant the writ without prejudice to the State to properly invoke the circuit court’s procedural jurisdiction. Generally speaking, the State has the authority to summon witnesses and obtain documents utilizing subpoenas during an investigation pursuant to section 27.04, Florida Statutes (2022)....

...constitutional right to privacy was addressed by this Court in Hunter v. State, 639 So. 2d 72 (Fla. 5th DCA 1994). In Hunter, the assistant state attorney submitted a praecipe to the clerk of court for issuance of an investigative subpoena duces tecum pursuant to section 27.04 seeking production of Hunter's hospital records following an auto accident....

...assert any legal objections he or she may have to the subpoena before the records are produced. . . . Based on the clear language of the statute, we hold that the state attorney's subpoena power under section 27.04, Florida Statutes (1997), cannot 4  override the notice requirement of section 395.3025(4)(d). State v....

...ude an ad testificandum clause. From this order, petitioner brings its petition for writ of certiorari. Petitioner contends that the Circuit Court departed from the essential requirements of law by quashing the subpoena duces tecum on the basis that Section 27.04, Florida Statutes (1975), limits the State Attorney to request the issuance of only subpoenae which require the person subpoenaed to testify, i....

...d testificandum clause. *877 In response, respondents in their brief concede that the State Attorney has the authority to request the issuance of both subpoenae ad testificandum and subpoenae duces tecum. However, respondents argue that, pursuant to Section 27.04, Florida Statutes (1975), any such subpoenae duces tecum, to be valid, must contain an ad testificandum clause. The basic question presented by the instant petition for writ of certiorari is whether a subpoena duces tecum, which the State Attorney may request to have issued pursuant to Section 27.04, must contain an ad testificandum clause to be valid. This was the precise question decided, adversely to petitioner, by the Circuit Court when it entered its order quashing the subpoena duces tecum issued at the request of the State Attorney. It is undisputed, in the instant matter, that Section 27.04 gives the State Attorney the right to use the process of court to request the issuance of both subpoenae ad testificandum and subpoenae duces tecum. The only question for our review is whether such subpoenae duces tecum issued pursuant to the Section must contain an ad testi-ficandum clause. In answering this question, we note that the Supreme Court of Florida has held that Section 27.04, Florida Statutes (1975), is to be liberally construed because of its remedial nature....

...Securities and Exchange Commission, 147 F.2d 389 (10th Cir. 1945); Duncan v. Carson, 127 Va. 306 , 103 S.E. 665 (1920); and Commonwealth v. Southern Express Co., 160 Ky. 1 , 169 S.W. 517 (1914). Based on this conclusion, we hold that a subpoena duces tecum, issued pursuant to the provisions of Section 27.04, Florida Statutes (1975), is valid, even though it contains no ad testificandum clause....

Mitchell Keitz. The prosecution, pursuant to Section 27.-04, Florida Statutes (1979), issued a subpoena

conducting ex parte investigations pursuant to section 27.04, Florida Statutes (1975). I disagree. The language

the power granted to the State Attorney by Section 27.04, Florida Statutes (1977), the five respondents

state attorney to answer questions pursuant to § 27.04, Florida Statutes. For the following reasons, the

before the State Attorney pursuant to F.S. Section 27.04, F.S.A. I believe an inquiry from an expressly

...the state attorney. Among other things, the subpoena would require the city to provide the names of confidential informants used by the city for a one year period. The office of the state attorney is entitled to obtain the disputed information under section 27.04, Florida Statutes (2010)....

As this Court found in Investigation: Florida Statute 27.04, Subpoena of Roche v. State, 589 So.2d 978

criminal law under investigation, as provided for by § 27.04, Fla.Stat., F.S.A. Thereafter the state attorney

statement of a listed defense witness pursuant to section 27.04, Florida Statutes. (3) Use of Deposition. Any

statement of a listed defense witness pursuant to section 27.04, Florida Statutes. (2) Transcripts. No transcript

...The trial court departed from the essential requirements of the law in this instance by injecting itself into the State’s investigative function where no constitutional constraints are implicated. The State simply seeks to conduct a lineup, which it is authorized to do as part of its investigative powers. § 27.04, Fla....

...y deposition. However, this prohibition against the taking of depositions shall not be applicabledoes not apply if following the furnishing of discovery by the defendant the state then takes the statement of a listed defense witness pursuant tounder section 27.04, Florida Statutes. (2) Transcripts....

...The central question presented for review is whether a circuit court has the inherent or statutory authority to hold a necessary and material witness in jail [in lieu of bail] to assure the witness’ appearance pursuant to subpoena in a state attorney investigation under Section 27.04, Florida Statutes (1979), where no charges are pending before the circuit court against any person in the cause....

...other criminal charge has been filed against anyone before the circuit court in this cause. The state attorney is merely investigating an alleged first degree murder and seeks to subpoena the petitioner as a possible witness in the case pursuant to Section 27.04, Florida Statutes (1979)....

...custody in lieu of bail as a necessary and material witness. We reject the state’s contention that the circuit court has inherent authority to guarantee the appearance of a witness by a material witness bond in a state attorney investigation under Section 27.04, Florida Statutes (1979), into a possible first degree murder....

...538 mation sought by deposition. However, this prohibition against the taking of depositions shall not be applicable if following the furnishing of discovery by the defendant the state then takes the statement of a listed defense witness pursuant to section 27.04, Florida Statutes....

...e entitled to compulsory process for any or all witnesses to enable the defendant to interrogate them under oath, before trial, for discovery purposes. A view was expressed that some limitation should be placed on the state’s rights under sections 27.04 and 32.20, Florida Statutes, which allow the prosecutor to take all depositions unilaterally at any time....

...It is undisputed that the state attorney has the power to subpoena witnesses to appear before the grand jury, or the state attorney. See State ex rel Martin v. Michell, 188 So.2d 684 (Fla. 4th DCA), cert. discharged, 192 So.2d 281 (Fla.1966); Tsavaris v. Scruggs, 360 So.2d 745, 749 (Fla.1977); § 27.04, Fla....

...nformation sought by deposition. However, this prohibition against the taking of depositions shall not be applicable if following the furnishing of discovery by the defendant the state then takes the statement of a listed defense witness pursuant to section 27.04, Florida Statutes....

...e entitled to compulsory process for any or all witnesses to enable the defendant to interrogate them under oath, before trial, for discovery purposes. A view was expressed that some limitation should be placed on the state’s rights under sections 27.04 and 32.20, Florida Statutes, which allow the prosecutor to take all depositions unilaterally at any time....

Florida Practice and Procedure (1983 Edition), § 27-4, page 395, the granting of such relief would be