Florida Statutes
Fla. Stat. § 516.23 (2025)
Subpoenas; enforcement actions; rules.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
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.
Notes of Decisions
Cited in 1
case, 1955–1955 · leading case: State ex rel. Ervin v. Colonial Acceptance, Inc., 80 So. 2d 681 (Fla. 1955).
State ex rel. Ervin v. Colonial Acceptance, Inc., 80 So. 2d 681 (Fla. 1955). “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…”
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