Florida Statutes

Fla. Stat. § 27.04 (2025)

Summoning and examining witnesses for state.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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27.04 Summoning and examining witnesses for state.—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 at such convenient places in the state attorney’s judicial circuit and at such convenient times as may be designated in the summons, to testify before him or her as to any violation of the law upon which they may be interrogated, 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 law.

History.—s. 2, ch. 2094, 1877; RS 1346; GS 1781; s. 10, ch. 7838, 1919; RGS 3007; CGL 4741; s. 1, ch. 22634, 1945; s. 1, ch. 57-290; s. 118, ch. 95-147; s. 7, ch. 2003-402; s. 3, ch. 2013-25.

Notes of Decisions

Cited in 73 cases (3 in the last 5 years), 1945–2025 · leading case: State v. Johnson, 814 So. 2d 390 (Fla. 2002).

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State v. Johnson, 814 So. 2d 390 (Fla. 2002). · cites it 6× “[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.”

State v. Smith, 573 So. 2d 306 (Fla. 1990). · cites it 4× “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 him in or out of term time at…”

Harrell v. State, 709 So. 2d 1364 (Fla. 1998). · cites it 5× “, § 27.04, Fla. Stat. (1995); [3] § 27.53, Fla.”

Steinhorst v. State, 412 So. 2d 332 (Fla. 1982). · cites it 2× “; § 27.04, Fla. Stat. (1979). Just as a defense witness, as Dumas held, should not be excluded without inquiry into whether the rule violation occurred with the knowledge or by the connivance of the defendant or defense counsel, so also should a state witness who has violated…”

State Ex Rel. Martin v. Michell, 188 So. 2d 684 (Fla. 4th DCA 1966). · cites it 6× “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.”

State v. Rutherford, 707 So. 2d 1129 (Fla. 4th DCA 1998). · cites it 4× “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 v. State, 639 So. 2d 72 (Fla. 5th DCA 1994). · cites it 4× “§ 27.04, Fla. Stat. (1993). [2] Florida's Right to privacy provides: Every natural person has the right to be let alone and free from governmental intrusion into his [or her] private life except as otherwise provided herein.”

Barnes v. State, 58 So. 2d 157 (Fla. 1952). · cites it 6× “The State Attorney has this authority under the provisions of Section 27.04, Florida Statutes 1951, F.S.”

Amend. to Rules of App. Proc., Civ. Proc., 887 So. 2d 1090 (Fla. 2004). · cites it 4× “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. (2) Transcripts.”

Wyche v. State, 536 So. 2d 272 (Fla. 3d DCA 1988). · cites it 7× “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.”

Dufour v. State, 495 So. 2d 154 (Fla. 1986). · cites it 2× “2d 461 (1979); § 27.04, Fla. Stat. (1985). After receiving the defense witness list, the prosecutor may not subpoena any individual on that list without notifying defense counsel and allowing them to attend the interview and examine the witness.”

Able Builders Sanitation Co. v. State, 368 So. 2d 1340 (Fla. 3d DCA 1979). · cites it 6× “Prior thereto, the state attorney had issued an ex parte investigative subpoena duces tecum [under § 27.04, Fla. Stat. (1977)] which was returnable on August 18, 1978 or seventeen days after the above information had been filed.”

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