Florida Statute 914.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 914
WITNESSES; CRIMINAL PROCEEDINGS

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F.S. 914.04

914.04 Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.—No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, paper, or other document before any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, proceeding, or trial for a violation of any of the criminal statutes of this state upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture, but no testimony so given or evidence so produced shall be received against the person upon any criminal investigation or proceeding. Such testimony or evidence, however, may be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence or for any perjury subsequently committed.

History.—s. 1, ch. 5400, 1905; s. 1, ch. 7850, 1919; RGS 6017; CGL 8311; s. 1, ch. 69-316; s. 97, ch. 70-339; s. 1, ch. 71-99; s. 36, ch. 73-334; s. 1, ch. 82-393; s. 175, ch. 83-216; s. 1, ch. 85-41; s. 1522, ch. 97-102.

Note.—Former s. 932.29.

F.S. 914.04 on Google Scholar

F.S. 914.04 on Casetext

Amendments to 914.04

Arrestable Offenses / Crimes under Fla. Stat. 914.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 914.04.

Annotations, Discussions, Cases:

Cases Citing Statute 914.04

Total Results: 20

State of Florida v. Mark A. Desimone

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

Snippet: immunity or use immunity provisions of section 914.04, Florida Statutes, were applicable); Owen v. State

State of Florida v. Mark A. Desimone

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-14T00:00:00-08:00

Snippet: immunity or use immunity provisions of section 914.04, Florida Statutes, were applicable); Owen v. State

In RE: AMENDMENTS TO the RULES REGULATING THE FLORIDA BAR-BIENNIAL PETITION.

Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00

Citation: 267 So. 3d 891

Snippet: amount of funds used for this purpose. *914 (4) Comments on Petition. On the appointment

Celeste Chambers v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-04T00:00:00-07:00

Citation: 200 So. 3d 242, 2016 Fla. App. LEXIS 14744

Snippet: been subject to use immunity. See § 914.04, Fla. Stat. (2015); Perez v. State,

Gardner v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-23T00:00:00-07:00

Citation: 194 So. 3d 385, 2016 Fla. App. LEXIS 4443, 2016 WL 1123681

Snippet: the State had subpoenaed her. • See § 914.04,Stat. (2012). But the State made clear that it

Jared Bretherick v. State of Florida

Court: Fla. | Date Filed: 2015-07-09T00:00:00-07:00

Citation: 170 So. 3d 766, 40 Fla. L. Weekly Supp. 411, 2015 WL 4112414, 2015 Fla. LEXIS 1470

Snippet: statutory transactional immunity under section 914.04, Florida Statutes (1975)). When a defendant

Joseph v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-12-12T00:00:00-08:00

Citation: 103 So. 3d 227, 2012 Fla. App. LEXIS 21415, 2012 WL 6166382

Snippet: under the investigative subpoena statute—section 914.04, Florida Statutes (1975). (T)he appropriate remedy

State v. Belidor

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-12T00:00:00-07:00

Citation: 96 So. 3d 993, 2012 WL 3705095

Snippet: departs from the essential requirements of section 914.04, Florida Statutes (2012), which subjects the respondent…State, 832 So.2d 770 (Fla. 5th DCA 2002). Section 914.04 also squarely addresses and eliminates the respondent

Jones v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-16T00:00:00-08:00

Citation: 54 So. 3d 589, 2011 Fla. App. LEXIS 1927, 2011 WL 520543

Snippet: Jones immunity for his testimony. While section 914.04, Florida Statutes (2010) (providing immunity for…affirming conviction and explaining that section 914.04 is designed to insulate witness against incriminating…hold that the self-executing feature of section 914.04 discussed in Jenny [v. State, 447 So.2d 1351 (Fla…with a grant of use immunity pursuant to section 914.04. 467 So.2d at 392. No. 4D11-102 District

Dennis v. State

Court: Fla. | Date Filed: 2010-12-16T00:00:00-08:00

Citation: 51 So. 3d 456, 35 Fla. L. Weekly Supp. 731, 2010 Fla. LEXIS 2115, 2010 WL 5110231

Snippet: immunity or use immunity provisions of section 914.04, Florida Statutes, were applicable); Owen v. State

Govoni v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-07T00:00:00-07:00

Citation: 17 So. 3d 809, 2009 Fla. App. LEXIS 14919, 2009 WL 2516939

Snippet: statutory transactional immunity under section 914.04, Florida Statutes (1975)). When a defendant moves

State v. Mitrani

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-02T00:00:00-07:00

Citation: 19 So. 3d 1065, 2009 Fla. App. LEXIS 14717, 2009 WL 3149384

Snippet: derivative use immunity as provided in section 914.04, Florida Statutes (2008).1 The State then filed…s order.2 The Florida immunity statute, section 914.04, Florida Statutes (2008), provides, in pertinent… their compelled testimony is truthful. Section 914.04 generally prohibits the use of such testimony in…was made under a grant of immunity under section 914.04. *1068The witnesses’ other concern is the potential… and derivative use immunity granted by section 914.04 satisfies any self-incrimination concerns the witnesses

McKay v. Great American Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-06-23T00:00:00-07:00

Citation: 876 So. 2d 666, 2004 Fla. App. LEXIS 8803, 2004 WL 1392287

Snippet: agreement was pursuant to section 914.04, Florida Statutes (2003). Section 914.04 grants use and derivative use… in any venue is given pursuant to F.S. Section 914.04 as set forth herein. Nothing in this section, precludes… take his deposition. McKay argued that Section 914.04 does not apply to testimony given in a civil proceeding…1321 n. 1 (Fla. 4th DCA 1990) (“In 1980, section 914.04 provided for both transactional and use immunity…Randall use and derivative use immunity under section 914.04 for deposition testimony in the civil case. The

Grant v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-03-27T23:53:00-08:00

Citation: 832 So. 2d 770

Snippet: section 914.04. Grant argues that because immunity is a creature of statute, section 914.04 must be strictly…. Despite the OSP's assertion that section 914.04, Florida Statutes (2001), conferred use and derivative…deposition. Grant responded by asserting that section 914.04 does not give the OSP the authority to confer immunity…with immunity from criminal prosecution is section 914.04. That statute provides that: *772 No person who…OSP to utilize the immunity provisions of section 914.04. We conclude that the trial court correctly held

Zile v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-05-20T00:53:00-07:00

Citation: 710 So. 2d 729

Snippet: State, 512 So.2d 164 (Fla.1987). Florida Statutes § 914.04 previously provided for transactional immunity,

Costello v. Fennelly

Court: Fla. Dist. Ct. App. | Date Filed: 1996-10-30T00:00:00-08:00

Citation: 681 So. 2d 926, 1996 Fla. App. LEXIS 11208, 1996 WL 625636

Snippet: 27.04, Florida Statutes (1995). Pursuant to section 914.04, Florida Statutes (1995), she was accorded use ….Ct. 1594, 1610, 12 L.Ed.2d 678 (1964). Section 914.04 immunity from use and derivative use “is coextensive…Costello were to give a statement under section 914.04, another jurisdiction seeking to prosecute her …trial court correctly determined that the section 914.04 grant of immunity subsumed Costello’s privilege

State v. Polnac

Court: Fla. Dist. Ct. App. | Date Filed: 1996-01-03T00:00:00-08:00

Citation: 665 So. 2d 1095, 1996 Fla. App. LEXIS 20, 1996 WL 1101

Snippet: prosecution is Florida Statutes, Section 914.04. See § 914.04, Fla. Stat. (1995). The courts have consistently…criminal prosecution under Florida Statute, Section 914.04. The trial court, however, incorrectly relied on…principle that immunity from prosecution under Section 914.04 may only be granted by those persons or entities…immunity do not come under the confines of Section 914.04, the courts have repeatedly struck down a litigant

Randall v. Guenther

Court: Fla. Dist. Ct. App. | Date Filed: 1995-02-16T23:53:00-08:00

Citation: 650 So. 2d 1070

Snippet: or proceeding. § 914.04, Fla. Stat. (1993). The case law addressing section 914.04 consistently has construed…Randall use and derivative use immunity under section 914.04, Florida Statutes (1993), in connection with Randall…certiorari review of this order. As pertinent, section 914.04 provides: No person who has been duly served with…immunity and that the statutory immunity of section 914.04 does not constitute the sole means through which…on Randall pursuant to the provisions of section 914.04 in any criminal investigation, proceeding, or trial

Meek v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-20T00:00:00-07:00

Citation: 636 So. 2d 543, 1994 Fla. App. LEXIS 3728, 1994 WL 138131

Snippet: resulting cloak of transactional immunity. Section 914.04, Florida Statutes (1979) provided: Witnesses; person…delete the transactional immunity provision. See § 914.04, Fla.Stat. (1983). Appellant argues that the state…offense concerning which he testified under section 914.04. See State v. Weir, 380 So.2d 1297 (Fla. 3d DCA

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-02-15T23:53:00-08:00

Snippet: State, 168 So.2d 703 (Fla. 2d DCA 1964). 12 Section 914.04, Fla. Stat. 1993. 13 See, Salem v. State, 310 So