The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 377
ENERGY RESOURCES

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F.S. 377.32

377.32 Issuance of subpoenas; service, etc.—

(1) The division is hereby empowered to issue subpoenas for witnesses, to require their attendance and the giving of testimony before it, and to require the production of books, papers, and records in any proceeding before the division as may be material upon questions lawfully before the division. Such subpoenas shall be served by the sheriff or any other officer authorized by law to serve process in this state. No person shall be excused from attending and testifying, or from producing books, papers, and records before the division or a court, or from obedience to the subpoena of the division or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate him or her or subject him or her to a penalty or forfeiture; provided, that nothing herein contained shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry not pertinent to some question lawfully before the division or court for determination. No natural person shall be subjected to criminal prosecution or to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he or she may be required to testify or produce evidence, documentary or otherwise, before the division or court, or in obedience to its subpoena; provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.

(2) In case of failure or refusal on the part of any person to comply with any subpoena issued by the division, or, in case of the refusal of any witness to testify or answer as to any matter regarding which he or she may be lawfully interrogated, any circuit court in this state, on the application of the division, may issue an attachment for such person and compel him or her to comply with such subpoena and to attend before the division and produce such documents, and give his or her testimony upon such matters as may be lawfully required, and such court shall have the power to punish for contempt as in case of disobedience of like subpoena issued by or from such court, or for refusal to testify therein.

History.—s. 26, ch. 22819, 1945; s. 23, ch. 29737, 1955; ss. 25, 35, ch. 69-106; s. 625, ch. 95-148.

F.S. 377.32 on Google Scholar

F.S. 377.32 on Casetext

Amendments to 377.32

Arrestable Offenses / Crimes under Fla. Stat. 377.32

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 377.32.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NHIA KAO VANG v. DECKER, 705 F. App'x 623 (9th Cir. 2017)

. . . Khao Vang is denied without prejudice because Plaintiffs failed to comply with the requirements of § 377.32 . . .

DE FONTBRUNE v. WOFSY, 838 F.3d 992 (9th Cir. 2016)

. . . proceedings as de Fontbrune’s successors in interest pursuant to California Civil Procedure Code § 377.32 . . .

GARLICK v. COUNTY OF KERN, 167 F. Supp. 3d 1117 (E.D. Cal. 2016)

. . . in a representative capacity, pursuant to Rule 25 and California Code of Civil Procedure 377.11 and 377.32 . . .

ROSE, v. COUNTY OF SACRAMENTO s, 163 F. Supp. 3d 787 (E.D. Cal. 2016)

. . . execute and file an affidavit or declaration stating compliance with California Code of Civil Procedure § 377.32 . . . Code §§ 377.30, 377.32). . . . Code § 377.32; Hayes v. Cty. of San Diego, 736 F.3d 1223, 1229 (9th Cir.2013). . . .

FRARY, v. COUNTY OF MARIN,, 81 F. Supp. 3d 811 (N.D. Cal. 2015)

. . . . § 377.32 (“The person who seeks to commence an action or proceeding ... as the decedent’s successor . . . Sept. 25, 2006) (“California law does not require that an heir file an affidavit under § 377.32 ... as . . . May 9, 2012) (“Section 377.32 does not indicate that it is a condition precedent to filing the lawsuit . . . has the capacity to proceed on behalf of Carmignani’s Estate in accordance with Cal.Civ.Proc.Code § 377.32 . . .

COTTA, a a v. COUNTY OF KINGS, 79 F. Supp. 3d 1148 (E.D. Cal. 2015)

. . . . §§ 377.20, 377.32 (“§ 377.32”)). . . . Among other things, § 377.32(c) provides that “[a] certified copy of the decedent’s death certificate . . . Cotta has provided the supporting declaration under [§ 377.32], with the exception of a copy of the death . . . Cotta from filing a certified copy of Decedent’s death ■ certificate pursuant to § 377.32 was clearly . . . Cotta is time-barred from filing a corrected or amended § 377.32 affidavit. . . .

LOPEZ C. v. REGENTS OF UNIVERSITY OF CALIFORNIA,, 5 F. Supp. 3d 1106 (N.D. Cal. 2013)

. . . . § 377.32. . . .

HAYES, a v. COUNTY OF SAN DIEGO, DBA s, 736 F.3d 1223 (9th Cir. 2013)

. . . (citing Cal.Civ.Proc.Code §§ 377.30, 377.32). . . . California law to commence a survival action as a decedent’s successor in interest, see Cal.Civ.Proc.Code § 377.32 . . .

GEORGE, v. MORRIS v., 736 F.3d 829 (9th Cir. 2013)

. . . .; Cal.Civ.Proc.Code §§ 377.30, 377.32. . . . .

GEORGE, v. MORRIS v., 724 F.3d 1191 (9th Cir. 2013)

. . . .; Cal.Civ.Proc.Code §§ 377.30, 377.32. .Like the dissent, in the context of the district court’s preceding . . .

BARNES v. CITY OF PASADENA, 508 F. App'x 663 (9th Cir. 2013)

. . . City & Cnty. of S.F., 441 F.3d 1090, 1093 n. 2 (9th Cir.2006); Cal.Civ.Proc.Code §§ 377.30, 377.32. . . .

ATKINSON v. COUNTY OF TULARE, 790 F. Supp. 2d 1188 (E.D. Cal. 2011)

. . . that Plaintiffs have not fulfilled the procedural requirements of California Civil Procedure Code § 377.32 . . . Atkinson’s parents, have fulfilled the procedural requirements of California Civil Procedure Code § 377.32 . . . California Civil Procedure Code § 377.32 provides: (a) The person who seeks to commence an action or . . .

HAYES, a v. COUNTY OF SAN DIEGO, DBA s, 638 F.3d 688 (9th Cir. 2011)

. . . . §§ 377.30, 377.32). . . . PROC. § 377.32, or whether survival claims may now be time barred if Appellant has failed to do so. . . .

LUM, v. COUNTY OF SAN JOAQUIN,, 756 F. Supp. 2d 1243 (E.D. Cal. 2010)

. . . complaint, plaintiffs had not yet filed the affidavit required by California Code of Civil Procedure § 377.32 . . . , plaintiffs Jerry Lum and Dorothea Timmons filed a declaration with the court that complies with § 377.32 . . .

In BAYCOL PRODUCTS LITIGATION. v., 616 F.3d 778 (8th Cir. 2010)

. . . . § 377.32(5) and (6), the Court is not convinced [appellants] are proper parties for substitution. . . . Cal.Civ.Proc.Code § 377.32. . . . Proc.Code § 377.32 is readily apparent under an Ene analysis. . . . Proc.Code § 377.32 is a state procedural rule. . . . The district court abused its discretion in relying upon Cal.Civ.Proc.Code § 377.32, a state procedural . . .

In J. McDERMOTT, v. J., 434 B.R. 271 (Bankr. N.D.N.Y. 2010)

. . . the terms of the stipulation, the Debtor agreed to pay NBT $25,000.00 in 84 monthly installments of $377.32 . . .

v. CITY OF MANHATTAN BEACH,, 623 F. Supp. 2d 1092 (C.D. Cal. 2009)

. . . . § 377.32, requiring the plaintiff to, among other things, file an affidavit or declaration indicating . . .

TATUM, v. CITY AND COUNTY OF SAN FRANCISCO, 441 F.3d 1090 (9th Cir. 2006)

. . . P.Code §§ 377.30, 377.32. . We review a district court's order granting summary judgment de novo. . . .

B. v., 103 T.C. 700 (T.C. 1994)

. . . Code section 377.32 (West Supp. 1994) sets forth the requirements for a statement from a successor in . . .

MAES v. LOS ANGELES TANKER OPERATORS,, 75 F. Supp. 7 (S.D. Tex. 1948)

. . . libellant was paid a net sum of $1,197.72, such sum being composed of $1,305 wages, $992.28 bonus, $377.32 . . .

WATT SHAND, INC., 2 B.T.A. 1273 (B.T.A. 1925)

. . . 322, 407. 54 Unexpired insurance_ 2, 862. 66 Overdrawn account of James Shand_ 6,077. 03 Total_ 470, 377.32 . . .