2002 Florida Code
TITLE XXXVIII BANKS AND BANKING
Chapter 655 FINANCIAL INSTITUTIONS GENERALLY  
655.032   Investigations, subpoenas, hearings, and witnesses.

655.032  Investigations, subpoenas, hearings, and witnesses.--

(1)  The department may make investigations, within or outside this state, which it deems necessary to determine whether a person has violated or is about to violate any provision of the financial institutions codes or of the rules adopted by the department pursuant to such codes.

(2)(a)  In the course of or in connection with an investigation by the department pursuant to the provisions of subsection (1) or an investigation or examination in connection with any application to the department for the organization or establishment of a state financial institution or a branch thereof, and in connection with an examination of a state financial institution, subsidiary, or service corporation by the department, the department, or any of its officers holding no lesser title and position than examiner in charge or attorney at law, shall have the power:

1.  To administer oaths and affirmations;

2.  To take or cause to be taken testimony and depositions; and

3.  To issue, revoke, quash, or modify subpoenas and subpoenas duces tecum under the seal of the department or to cause any such subpoena or subpoena duces tecum to be issued by any county court judge or clerk of the circuit court or county court to require persons to be or appear before the department at a time and place to be therein named and to bring such books, records, and documents for inspection as may be therein designated. Such subpoenas may be served by a representative of the department or may be served as otherwise provided for by law for the service of subpoenas.

(b)  In connection with any such investigation or examination, the department may permit a person to file a statement in writing, under oath or otherwise as the department determines, as to facts and circumstances specified by the department.

(3)(a)  In the event of noncompliance with a subpoena issued or caused to be issued by the department pursuant to this section, the department may petition the circuit court of the county in which the person subpoenaed resides or has its principal place of business for an order requiring the subpoenaed person to appear and testify and to produce such books, records, and documents as are specified in such subpoena duces tecum. The department is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on its calendar.

(b)  A copy of the petition shall be served upon the person subpoenaed by any person authorized by this section to serve subpoenas, who shall make and file with the court an affidavit showing the time, place, and date of service.

(c)  At any hearing on any such petition, the person subpoenaed, or any person whose interests will be substantially affected by the investigation, examination, or subpoena, may appear and object to the subpoena and to the granting of the petition. The court may make any order which justice requires to protect a party or other person and his or her personal and property rights, including, but not limited to, protection from annoyance, embarrassment, oppression, or undue burden or expense.

(d)  Failure to comply with an order granting, in whole or in part, a petition for enforcement of a subpoena is a contempt of court.

(4)  Witnesses shall be entitled to the same fees and mileage to which they might be entitled by law for attending as witnesses in the circuit court, except that no fees or mileage shall be allowed in the case of testimony of a financial institution-affiliated party if such testimony is taken at the principal office of the state financial institution, subsidiary, or service corporation or at the residence of the financial institution-affiliated party.

(5)  Reasonable and necessary expenses incurred by the department and payable to persons in investigations may be assessed against such an applicant, state financial institution, subsidiary, service corporation, or financial institution-affiliated party on the basis of actual costs incurred. Assessable expenses include, but are not limited to: expenses for interpreters; expenses for communications; expenses for legal representation; expenses for economic, legal, or other research, analyses, and testimony; and fees and expenses for witnesses. The failure to reimburse the department is a ground for denial of the application or for revocation of any approval thereof.

History.--s. 1, ch. 80-273; s. 4, ch. 84-216; s. 1, ch. 85-65; s. 1, ch. 89-229; s. 1, ch. 91-307; ss. 1, 12, ch. 92-303; s. 520, ch. 97-102.

Note.--Former s. 655.025.