The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 624
INSURANCE CODE: ADMINISTRATION AND GENERAL PROVISIONS

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F.S. 624.321

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.

F.S. 624.321 on Google Scholar

F.S. 624.321 on Casetext

Amendments to 624.321

Arrestable Offenses / Crimes under Fla. Stat. 624.321

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 624.321.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ALL STATE FLORIDIAN INSURANCE COMPANY v. OFFICE OF INSURANCE REGULATION,, 981 So. 2d 617 (Fla. Dist. Ct. App. 2008)

. . . . • Section 624.321(l)(b), Florida Statutes — Granting OIR, when conducting an investigation “the power . . .

PADILLA, v. LIBERTY MUTUAL INS. CO., 832 So. 2d 916 (Fla. Dist. Ct. App. 2002)

. . . DOI's authority to investigate and hold hearings under sections 624.317 and 624.321, which arises only . . .

FLORIDA DEPARTMENT OF INSURANCE AND TREASURER, v. BANKERS INSURANCE COMPANY,, 694 So. 2d 70 (Fla. Dist. Ct. App. 1997)

. . . emergency petition for enforcement of agency investigative hearing orders and subpoenas invoked “sections 624.321 . . . papers, records, files, correspondence, documents, or other evidence which is relevant to the inquiry. § 624.321 . . .

In COURT DIVISIONS, 648 So. 2d 761 (Fla. Dist. Ct. App. 1994)

. . . Florida Insurance Code against foreign insurers and persons not residing in the state) (r) Section 624.321 . . .

G. SAVIAK, v. GUNTER,, 379 So. 2d 450 (Fla. Dist. Ct. App. 1980)

. . . the matter occurred before a circuit judge, pursuant to Sections 624.307, 624.310, 624.317, 624.318, 624.321 . . .