Florida Statutes
Fla. Stat. § 624.321 (2025)
Witnesses and evidence.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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624.321 Witnesses and evidence.—
(1) As to any examination, investigation, or hearing being conducted under this code, a person designated by the department or office, respectively:
(a) May administer oaths, examine and cross-examine witnesses, receive oral and documentary evidence; and
(b) Shall have the power to subpoena witnesses, compel their attendance and testimony, and require by subpoena the production of books, papers, records, files, correspondence, documents, or other evidence which is relevant to the inquiry.
(2) If any person refuses to comply with any such subpoena or to testify as to any matter concerning which she or he may be lawfully interrogated, the Circuit Court of Leon County or of the county wherein such examination, investigation, or hearing is being conducted, or of the county wherein such person resides, may, on the application of the department or office, issue an order requiring such person to comply with the subpoena and to testify.
(3) Subpoenas shall be served, and proof of such service made, in the same manner as if issued by a circuit court. Witness fees, cost, and reasonable travel expenses, if claimed, shall be allowed the same as for testimony in a circuit court.
History.—s. 36, ch. 59-205; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 31, 37, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 181, ch. 97-102; s. 776, ch. 2003-261.
Notes of Decisions
Cited in 3
cases, 1994–2008 · leading case: Florida Dept. of Ins. v. BANKERS INS., 694 So. 2d 70 (Fla. 1st DCA 1997).
Florida Dept. of Ins. v. BANKERS INS., 694 So. 2d 70 (Fla. 1st DCA 1997). “§ 624.321, Fla.Stat. (1995). We are not concerned here with the virtually ministerial duty, under section 120.”
Allstate Floridian v. Off. of Ins. Reg., 981 So. 2d 617 (Fla. 1st DCA 2008). “ Section 624.321(1)(b), Florida Statutes Granting OIR, when conducting an investigation "the power to subpoena witnesses, compel their attendance and testimony, and require by subpoena the production of books, papers, records, files, correspondence, documents, or other…”
In Re Court Divisions, 648 So. 2d 761 (Fla. 1st DCA 1994). “310(5) (Actions to enforce administrative fines imposed under the Florida Insurance Code against foreign insurers and persons not residing in the state) (r) Section 624.321(2) (Action to compel testimony pursuant to subpoena relating to Department of Insurance investigative…”
— 624.321(1)(b) — 1 case
Allstate Floridian v. Off. of Ins. Reg., 981 So. 2d 617 (Fla. 1st DCA 2008). “ Section 624.321(1)(b), Florida Statutes Granting OIR, when conducting an investigation "the power to subpoena witnesses, compel their attendance and testimony, and require by subpoena the production of books, papers, records, files, correspondence, documents, or other…”
— 624.321(2) — 1 case
In Re Court Divisions, 648 So. 2d 761 (Fla. 1st DCA 1994). “310(5) (Actions to enforce administrative fines imposed under the Florida Insurance Code against foreign insurers and persons not residing in the state) (r) Section 624.321(2) (Action to compel testimony pursuant to subpoena relating to Department of Insurance investigative…”
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