Florida Statutes

Fla. Stat. § 455.223 (2025)

Power to administer oaths, take depositions, and issue subpoenas.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 3 cases, 1984–1988 · leading case: Mercy Hosp. v. Dept. of Prof. Reg., 467 So. 2d 1058 (Fla. 3d DCA 1985).

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

Carrow v. Dept. of Prof'l Reg., 453 So. 2d 842 (Fla. 1st DCA 1984). · cites it 2× “58, Florida Statutes, which in turn provides that enforcement of a subpoena by the agency is by petition to the circuit court.”

Fagan v. Dep't of Prof'l Reg., 534 So. 2d 802 (Fla. 3d DCA 1988). · cites it 2× “, 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.”

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