Florida Statute 895.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS

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F.S. 895.06

895.06 Civil investigative subpoenas; public records exemption.—

(1) If, pursuant to the civil enforcement provisions of s. 895.05, an investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this chapter, the investigative agency may administer oaths or affirmations, subpoena witnesses or material, and collect evidence.

(2) A subpoena issued pursuant to this chapter is confidential for 120 days after the date of its issuance. The subpoenaed person or entity may not disclose the existence of the subpoena to any person or entity other than his or her attorney during the 120-day period. The subpoena must include a reference to the confidentiality of the subpoena and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity except the subpoenaed person’s or entity’s attorney is prohibited. The investigative agency may apply ex parte to the circuit court for the circuit in which a subpoenaed person or entity resides, is found, or transacts business for an order directing that the subpoenaed person or entity not disclose the existence of the subpoena to any other person or entity except the subpoenaed person’s attorney for an additional period of time for good cause shown by the investigative agency. The order shall be served on the subpoenaed person or entity with the subpoena, and the subpoena must include a reference to the order and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity in violation of the order may subject the subpoenaed person or entity to punishment for contempt of court. Such an order may be granted by the court only upon a showing:

(a) Of sufficient factual grounds to reasonably indicate a violation of ss. 895.01-895.06;

(b) That the documents or testimony sought appear reasonably calculated to lead to the discovery of admissible evidence; and

(c) Of facts that reasonably indicate that disclosure of the subpoena would hamper or impede the investigation or would result in a flight from prosecution.

(3) If matter that the investigative agency seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make such matter available to the investigative agency or its representative for examination at the place where such matter is located. The investigative agency may designate representatives, including officials of the jurisdiction in which the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other jurisdictions.

(4) Upon failure of a person or enterprise, without lawful excuse, to obey a subpoena issued under this section or a subpoena issued in the course of a civil proceeding instituted pursuant to s. 895.05, and after reasonable notice to such person or enterprise, the investigative agency may apply to the circuit court in which such civil proceeding is pending or, if no civil proceeding is pending, to the circuit court for the judicial circuit in which such person or enterprise resides, is found, or transacts business for an order compelling compliance. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or material after asserting a privilege against self-incrimination to which the individual is entitled by law shall not have the testimony or material so provided, or evidence derived therefrom, received against him or her in any criminal investigation or proceeding.

(5) A person who fails to obey a court order entered pursuant to this section may be punished for contempt of court.

(6) The investigative agency may stipulate to protective orders with respect to documents and information submitted in response to a subpoena issued under this section.

(7)(a) Information held by an investigative agency pursuant to an investigation of a violation of s. 895.03 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(b) Information made confidential and exempt under paragraph (a) may be disclosed by the investigative agency to:

1. A government entity in the performance of its official duties.

2. A court or tribunal.

(c) Information made confidential and exempt under paragraph (a) is no longer confidential and exempt once all investigations to which the information pertains are completed, unless the information is otherwise protected by law.

(d) For purposes of this subsection, an investigation is considered complete once the investigative agency either files an action or closes its investigation without filing an action.

History.—s. 1, ch. 79-218; s. 2, ch. 84-38; s. 4, ch. 87-139; s. 20, ch. 88-381; s. 1448, ch. 97-102; s. 1, ch. 2015-99; s. 3, ch. 2016-84; s. 1, ch. 2020-90.

Note.—Former s. 943.465.

F.S. 895.06 on Google Scholar

F.S. 895.06 on Casetext

Amendments to 895.06

Arrestable Offenses / Crimes under Fla. Stat. 895.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 895.06.

Annotations, Discussions, Cases:

Cases Citing Statute 895.06

Total Results: 20

Wester v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-13T00:00:00-08:00

Snippet: RICO Act is set forth in sections 895.01 through 895.06, Florida Statutes. The statutory references in…895.01, Florida Statutes, declares, “Sections 895.01-895.06 shall be known as the ‘Florida RICO (Racketeering

Petro Welt Trading ges.M.B.h v. Edward Brinkmann

Court: Fla. Dist. Ct. App. | Date Filed: 2024-11-08T00:00:00-08:00

Snippet: found the oil companies waived their 895.01 to 895.06 of the Florida Statutes; (7) conspiracy to commit

Jackson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-07T00:00:00-07:00

Citation: 202 So. 3d 97, 2016 Fla. App. LEXIS 13458

Snippet: investigative information” from the public records law); § 895.06(2), Fla. Stat. (2015) (providing for confidentiality

Joel De La Osa v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-18T00:00:00-08:00

Citation: 158 So. 3d 712, 2015 Fla. App. LEXIS 2279, 2015 WL 669563

Snippet: and Corrupt Organization) Act, sections 895.01-895.06, Florida Statutes (2008). Prescription Drug

Marolf & Marolf v. Miami-Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-11T00:00:00-08:00

Citation: 172 So. 3d 450, 2015 Fla. App. LEXIS 1800, 2015 WL 543365

Snippet: pursuant to The Florida RICO Act (sections 895.01-895.06, Florida Statutes (2014)), which provides a civil

Richardson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-08T23:53:00-08:00

Citation: 915 So. 2d 766

Snippet: Influenced and Corrupt Organization Act (§§ 895.01-895.06, Fla. Stat.(1997)). 2D04-1007 District

State v. Hanna

Court: Fla. Dist. Ct. App. | Date Filed: 2003-11-13T23:53:00-08:00

Citation: 858 So. 2d 1248

Snippet: and Corrupt Organizations) Act, sections 895.01-895.06, Fla. Stat. (2002). [2] On July 19, 2002, officers

Checkn Go of Florida, Inc. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-11T00:53:00-07:00

Citation: 790 So. 2d 454

Snippet: Check `n Go of Florida, Inc., pursuant to section 895.06(2), Florida Statutes (2000), seeking documents …pursuant to its investigatory authority under section 895.06, Florida Statutes (2000), which reads in part: …believe" standard in the context of section 895.06. There is, nevertheless, significant guidance to…The purpose of the subpoena power under section 895.06 is to allow an investigative agency to investigate…to issue an investigatory subpoena under section 895.06(2), is whether under the circumstances a reasonably

Eight Hundred, Inc. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-12T00:53:00-07:00

Citation: 781 So. 2d 1187

Snippet: proceedings. The subpoena was issued pursuant to section 895.06, Florida Statutes, which authorizes the issuance…as an investigative subpoena pursuant to section 895.06(2), which provides: If, pursuant to the civil enforcement… witnesses or material, and collect evidence. § 895.06(2), Fla. Stat. (1999). An investigative agency …Prosecution, or the office of a state attorney." § 895.06(1), Fla. Stat. (1999). The Corporations argue that… a review of the legislative history of section 895.06(2) is necessary, as case law surrounding that sub-section

Howard v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-06-18T00:53:00-07:00

Citation: 738 So. 2d 372

Snippet: or "RICO," codified at sections 895.01-895.06, Florida Statues (1997). Appellants specifically

Sarkis v. Pafford Oil Co., Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-23T00:00:00-07:00

Citation: 697 So. 2d 524

Snippet: Influenced and Corrupt Organization Act, sections 895.01-895.06, Florida Statutes, (Count XXIII). The plaintiffs

Montozzi v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-03-15T23:53:00-08:00

Citation: 633 So. 2d 563

Snippet: Influenced and Corrupt Organizations. See §§ 895.01-895.06, Fla. Stat. (1991). [2] The prosecutor's patent

Transcall Am., Inc. v. Butterworth

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-02T00:53:00-07:00

Citation: 604 So. 2d 1253

Snippet: and Corrupt Organization Act and cited to section 895.06, Florida Statutes, as authority for its issuance…Court for Leon County in accordance with section 895.06(5), Florida Statutes. The motion to compel alleged

State v. Long

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-30T23:53:00-08:00

Citation: 544 So. 2d 219

Snippet: and FRANK, J., concur. NOTES [1] See §§ 895.01 895.06, Fla. Stat. (1985 and Supp. 1986). [2] Section

Vickery v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1989-02-14T23:53:00-08:00

Citation: 539 So. 2d 499

Snippet: ZEHMER, JJ., concur. NOTES [1] Sections 895.01-895.06, Florida Statutes (1985). [2] Section 895.03(2

Telfare v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-08-26T00:00:00-07:00

Citation: 529 So. 2d 1278, 13 Fla. L. Weekly 2023, 1988 Fla. App. LEXIS 3767, 1988 WL 88515

Snippet: Florida RICO Act is contained in sections 895.01-895.06, Florida Statutes (1985). Section 895.03(3) states

Redish v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-04T00:00:00-07:00

Citation: 525 So. 2d 928

Snippet: contentions are cause for reversal. [2] Sections 895.01-895.06, Florida Statutes. [3] Section 687.071(3), Florida

Banderas v. Banco Cent. Del Ecuador

Court: Fla. Dist. Ct. App. | Date Filed: 1985-01-01T23:53:00-08:00

Citation: 461 So. 2d 265

Snippet: Organizations Act ("RICO"), sections 895.01-895.06, Florida Statutes (1981). The trial court, after

DeLisi v. Bankers Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-09-07T00:53:00-07:00

Citation: 436 So. 2d 1099

Snippet: subsequently revised and recodified, sections 895.01-895.06, Fla. Stat. (1981). 82-1946 District

Johnson v. SCH. BD. OF PALM BEACH CTY

Court: Fla. Dist. Ct. App. | Date Filed: 1981-09-02T00:53:00-07:00

Citation: 403 So. 2d 520

Snippet: amp; Restaurant Workers v. McElroy, 367 U.S. 886, 895, 6 L.Ed.2d 1230, 81 S.Ct. 1743 (1961), `consideration