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Florida Statute 455.223 - Full Text and Legal Analysis Florida Statute 455.223 | Lawyer Caselaw & Research
Fla. Stat. § 455.223 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
455.223 Power to administer oaths, take depositions, and issue subpoenas.For the purpose of any investigation or proceeding conducted by the department, the department shall have the power to administer oaths, take depositions, make inspections when authorized by statute, issue subpoenas which shall be supported by affidavit, serve subpoenas and other process, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. The department shall exercise this power on its own initiative or whenever requested by a board or the probable cause panel of any board. Challenges to, and enforcement of, the subpoenas and orders shall be handled as provided in s. 120.569.
History.s. 5, ch. 79-36; s. 32, ch. 81-302; s. 4, ch. 86-90; s. 5, ch. 91-137; s. 52, ch. 92-33; s. 23, ch. 93-129; s. 77, ch. 94-218; s. 210, ch. 96-410; s. 19, ch. 97-261.

Cases Citing F.S. 455.223

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·Mercy Hosp. v. Dept. of Prof. Reg., 467 So. 2d 1058 (Fla. 3d DCA 1985).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1024

...thout prior patient consent. We accordingly affirm in part and reverse in part. The facts of this case are undisputed. On July 8, 1983, DPR issued two administrative subpoenas duces tecum to Herbert Long, the president of Mercy Hospital, pursuant to Section 455.223, Florida Statutes (1983), in connection with a disciplinary investigation of two licensed Florida physicians....
0 red0 yellow3 green0 procedural
Cited as authorityToyos (1998)
phrase: "rule_authority"
Cited as authorityArnett (1996)
phrase: "rule_authority"
Cited as authority(citing case) (1990)
phrase: "rule_authority"
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Carrow v. Dept. of Prof'l Reg., 453 So. 2d 842 (Fla. 1st DCA 1984).

Cited 1 times | Published | Florida 1st District Court of Appeal

...More importantly, the Department urges that this appeal is premature and that Carrow should be required to wait until the Department seeks enforcement of the subpoena in circuit court, if it does, to raise his claim of constitutional privilege. We agree. Section 455.223, Florida Statutes (1983), provides that enforcement of Department subpoenas shall be as provided in Section 120.58, Florida Statutes, which in turn provides that enforcement of a subpoena by the agency is by petition to the circuit court....
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Fagan v. Dep't of Prof'l Reg., 534 So. 2d 802 (Fla. 4th DCA 1988).

Published | Florida 4th District Court of Appeal | 13 Fla. L. Weekly 2570, 1988 Fla. App. LEXIS 5521, 1988 WL 125673

...We deny the motion for rehearing, but substitute the following for the opinion released September 13, 1988. Appellant Lewis Fagan, M.D., seeks reversal of a final judgment directing appellant to comply with a Department of Professional Regulation [DPR] subpoena issued pursuant to section 455.223, Florida Statutes (1985), requiring him to produce *803 patient records....

This Florida statute resource is curated by Graham Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.