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Florida Statute 516.23 - Full Text and Legal Analysis
Florida Statute 516.23 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 516
CONSUMER FINANCE
View Entire Chapter
516.23 Subpoenas; enforcement actions; rules.
(1) The office may issue and serve subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter pertaining to this chapter. The office may administer oaths and affirmations to any person whose testimony is required. If any person refuses to testify, produce books, records, and documents, or otherwise refuses to obey a subpoena issued under this section, the office may enforce the subpoena in the same manner as subpoenas issued under the Administrative Procedure Act are enforced. Witnesses are entitled to the same fees and mileage as they are entitled to by law for attending as witnesses in the circuit court, unless such examination or investigation is held at the place of business or residence of the witness.
(2) In addition to any other powers conferred upon it to enforce or administer this chapter, the office may:
(a) Bring an action in any court of competent jurisdiction to enforce or administer this chapter, any rule or order adopted under this chapter, or any written agreement entered into with the office. In such action, the office may seek any relief at law or equity including a temporary or permanent injunction, appointment of a receiver or administrator, or an order of restitution.
(b) Issue and serve upon a person an order requiring such person to cease and desist and take corrective action whenever the office finds that such person is violating, has violated, or is about to violate any provision of this chapter, any rule or order adopted under this chapter, or any written agreement entered into with the office.
(c) Impose and collect an administrative fine against any person found to have violated any provision of this chapter, any rule or order adopted under this chapter, or any written agreement entered into with the office, in an amount not to exceed $1,000 for each violation.
(3) The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.
History.s. 9, ch. 20728, 1941; ss. 11, 12, 35, ch. 69-106; s. 2, ch. 81-318; ss. 11, 16, 17, ch. 88-342; s. 4, ch. 91-429; s. 178, ch. 98-200; s. 579, ch. 2003-261.

F.S. 516.23 on Google Scholar

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Amendments to 516.23


Annotations, Discussions, Cases:

Cases Citing Statute 516.23

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State ex rel. Ervin v. Colonial Acceptance, Inc., 80 So. 2d 681 (Fla. 1955).

Published | Supreme Court of Florida | 1955 Fla. LEXIS 3543

...Section 516.11(1) and (2), Florida Statutes F.S.A. The latter provision requires the comptroller to examine the books, office and affairs of each small loan company at least once every year and the cost of such examination is to be paid by the company examined. Section 516.23, in addition to the foregoing, authorizes the comptroller on relation of the attorney general to bring an action in the circuit court against any small loan company, when he has reasonable ground to think the law is being violated to enjoin it from engaging in or continuing in violation of the law. A reading of Section 516.11(1) and (2) in connection with Section 516.23, leaves no doubt of a legislative intent that the cost of all reasonable investigation of small loan companies should be paid by the company investigated....

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