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Florida Statute 17.05 - Full Text and Legal Analysis
Florida Statute 17.05 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 17
CHIEF FINANCIAL OFFICER
View Entire Chapter
17.05 Subpoenas; sworn statements; enforcement proceedings.—
(1) The Chief Financial Officer may demand and require full answers on oath from any and every person, party or privy to any account, claim, or demand against or by the state, such as it may be the Chief Financial Officer’s official duty to examine into, and which answers the Chief Financial Officer may require to be in writing and to be sworn to before the Chief Financial Officer or the department or before any judicial officer or clerk of any court of the state so as to enable the Chief Financial Officer to determine the justice or legality of such account, claim, or demand.
(2) In exercising authority under this chapter, the Chief Financial Officer or his or her designee may:
(a) Issue subpoenas, administer oaths, and examine witnesses.
(b) Require or permit a person to file a statement in writing, under oath or otherwise as the Chief Financial Officer or his or her designee requires, as to all the facts and circumstances concerning the matter to be audited, examined, or investigated.
(3) Subpoenas shall be issued by the Chief Financial Officer or his or her designee under seal commanding such witnesses to appear before the Chief Financial Officer or his or her representative or the department at a specified time and place and to bring books, records, and documents as specified or to submit books, records, and documents for inspection. Such subpoenas may be served by an authorized representative of the Chief Financial Officer or the department.
(4) In the event of noncompliance with a subpoena issued pursuant to this section, the Chief Financial Officer or the department may petition the circuit court of the county in which the person subpoenaed resides or has his or her principal place of business for an order requiring the subpoenaed person to appear and testify and to produce books, records, and documents as specified in the subpoena. The court may grant legal, equitable, or injunctive relief, including, but not limited to, issuance of a writ of ne exeat or the restraint by injunction or appointment of a receiver of any transfer, pledge, assignment, or other disposition of such person’s assets or any concealment, alteration, destruction, or other disposition of subpoenaed books, records, or documents, as the court deems appropriate, until such person has fully complied with such subpoena and the Chief Financial Officer or the department has completed the audit, examination, or investigation. The Chief Financial Officer or the department is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on its calendar. Costs incurred by the Chief Financial Officer or the department to obtain an order granting, in whole or in part, such petition for enforcement of a subpoena shall be charged against the subpoenaed person, and failure to comply with such order shall be a contempt of court.
History.—s. 5, ch. 8, 1845; RS 97; GS 101; RGS 114; CGL 144; s. 1, ch. 73-334; s. 56, ch. 95-147; s. 1, ch. 99-155; s. 22, ch. 2003-261.

F.S. 17.05 on Google Scholar

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Amendments to 17.05


Annotations, Discussions, Cases:

Cases Citing Statute 17.05

Total Results: 21  |  Sort by: Relevance  |  Newest First

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Georgia Latino All. for Human Rights v. Governor of Georgia, 691 F.3d 1250 (11th Cir. 2012).

Cited 98 times | Published | Court of Appeals for the Eleventh Circuit | 2012 WL 3553612, 2012 U.S. App. LEXIS 17514

identification listed in the statute. O.C.G.A. § 17-5-100(b). If the officer verifies that the individual
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Bellsouth Telecomm., Inc. v. Mcimetro Access Transmission Servs., Inc., 317 F.3d 1270 (11th Cir. 2003).

Cited 32 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 358

rejecting an agreement under this section. 17 (5) Commission to act if State will
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Johnny Swanson, III v. The State of Alabama, 490 F.3d 894 (11th Cir. 2007).

Cited 27 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 15519, 2007 WL 1859323

17-22A-7(b)(2) (2005) (current version at Ala.Code § 17-5-7(b)(2)), which bars candidates from accepting
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Acker v. Acker, 904 So. 2d 384 (Fla. 2005).

Cited 20 times | Published | Supreme Court of Florida | 2005 WL 851010

Law of Domestic Relations in the United States, § 17.5, at 259 (2d ed. 1987) ("The first step in reaching
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John Joerg, Jr., etc. v. State Farm Mut. Auto. Ins. Co., 176 So. 3d 1247 (Fla. 2015).

Cited 12 times | Published | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 553, 2015 Fla. LEXIS 2298, 2015 WL 5995754

Jerome H. Nates et al., Damages in Tort Actions § 17-5 (1988)) (emphasis supplied)). We now agree with
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Capital Bank v. Schuler, 421 So. 2d 633 (Fla. 3d DCA 1982).

Cited 7 times | Published | Florida 3rd District Court of Appeal | 35 A.L.R. 4th 976, 34 U.C.C. Rep. Serv. (West) 1287, 1982 Fla. App. LEXIS 21532

J. White & R. Summers, Uniform Commercial Code § 17-5, at 680 (2d ed. 1980). If the amount of the check
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State v. Billie, 497 So. 2d 889 (Fla. 2d DCA 1986).

Cited 6 times | Published | Florida 2nd District Court of Appeal

from the Act. 16 U.S.C.A. § 1539(e); 50 C.F.R. § 17.5 (1985). In expressly exempting only Alaskan Indians
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Albritton v. Gen. Portland Cement Co., 344 So. 2d 574 (Fla. 1977).

Cited 6 times | Published | Supreme Court of Florida | 1977 Fla. LEXIS 3893

...[10] It is so ordered. OVERTON, C.J., and ADKINS, BOYD, SUNDBERG, HATCHETT and KARL, JJ., concur. NOTES [1] The record before us is unclear as to whether the judgment also was filed in any other counties. [2] Ch. 70-12, Laws of Florida. [3] 1A Collier on Bankruptcy § 17.05 (14th ed....
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Crosby v. Lewis, 523 So. 2d 1154 (Fla. 5th DCA 1988).

Cited 6 times | Published | Florida 5th District Court of Appeal | 1988 WL 1069

White and R. Summers, Uniform Commercial Code, § 17-5, 680-683 (2d ed. 1980). [5] The court did not
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Kermit F. Holton v. Lanson Newsome, Warden, 750 F.2d 1513 (11th Cir. 1985).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1985 U.S. App. LEXIS 27641

Ed.2d 497 (1969); see also O.C.G.A. § 17-5-30 (1982). Additionally, state courts are the ultimate
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Redner v. City of Tampa, 827 So. 2d 1056 (Fla. 2d DCA 2002).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31269536

administrative board, the Variance Request Board. § 17.5-74, City of Tampa Code. Under Kremer, a wet-zoning
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Elkind v. Bennett, 958 So. 2d 1088 (Fla. 4th DCA 2007).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2007 WL 1753571

principle of the Anglo-American legal system." Id. at § 17.5 (quoting In re Complex Asbestos Litigation, 232
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The Alabama Democratic Conf. v. Attorney Gen., State of Alabama, 838 F.3d 1057 (11th Cir. 2016).

Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 17517, 2016 WL 5389276

organization brought a legal challenge to Alabama Code § 17—5—15(b), which limited the ADC’s fundraising abilities
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Abraham Wallace v. NCL (Bahamas) Ltd., 733 F.3d 1093 (11th Cir. 2013).

Published | Court of Appeals for the Eleventh Circuit | 21 Wage & Hour Cas.2d (BNA) 617, 2013 A.M.C. 2705, 2013 WL 5434714, 2013 U.S. App. LEXIS 20048

Martin J. Norris, The Law of Seamen § 17:5, at 517-19, 17:6, at 519 (4th ed.1985) (citations
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Capron Trail Cmty. Dev. Dist. v. Frenz Enter., Inc., 674 So. 2d 875 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 5517, 1996 WL 279199

costs in an order which provided as follows: Section 17.5 of the Standard General Conditions of the Construction
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Tallahassee Mem'l Reg'l Med. Ctr. v. Lewis, 399 So. 2d 106 (Fla. 2d DCA 1981).

Published | Florida 2nd District Court of Appeal | 1981 Fla. App. LEXIS 19993

allowed by the Comptroller thereon, (e.s.) Section 17.05 provides: The Comptroller of this state may
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Merritt v. First Nat'l Bank of Miami, 251 So. 2d 329 (Fla. 3d DCA 1971).

Published | Florida 3rd District Court of Appeal | 1971 Fla. App. LEXIS 6153

467; 51 Am.Jur.2d, Liens, §47; 53 C.J.S. Liens § 17(5), p. 865. And, if they held a lien against Pearce-Simpson’s
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Brandon Fulton v. Fulton Cnty. Bd. of Commissioners (11th Cir. 2025).

Published | Court of Appeals for the Eleventh Circuit

Argued: Dec 12, 2023

returned Fulton’s horses by May 5, 2018. See id. § 17-5- 54(c)(2) (giving 30 days following a
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State of Florida v. Mark Anthony Poole (Fla. 2020).

Published | Supreme Court of Florida

on cruel and unusual punishment, article I, section 17, 5 does not require a unanimous jury recommendation—or
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Eckert v. Publix Supermarkets, Inc., 783 So. 2d 1187 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 5561, 2001 WL 420597

...An exception arises if the injured worker and the employer have already agreed on an evaluator. The evaluator’s job is to decide if training and education is appropriate. Once assigned, the evaluator has 30 days to submit the results to the Division, employer, and employee, (citation omitted). Id. at § 17.05[1]....
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Tepper ex rel. Michelson v. Citizens Fed. Sav. & Loan Ass'n, 448 So. 2d 1138 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 38 U.C.C. Rep. Serv. (West) 528, 1984 Fla. App. LEXIS 12695

White and R. Summers, Uniform Commercial Code § 17-5 (2d ed. 1980). Presentment of a negotiable instrument

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