Florida Statute 624.321 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXVII
INSURANCE

Chapter 624
INSURANCE CODE: ADMINISTRATION AND GENERAL PROVISIONS

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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.

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Amendments to 624.321

Annotations, Discussions, Cases:

Cases Citing Statute 624.321

Total Results: 3 | Sort by: Relevance | Newest First

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Florida Dept. of Ins. v. BANKERS INS., 694 So. 2d 70 (Fla. 1st DCA 1997).

Cited 10 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 3939, 1997 WL 178847

...hin their jurisdiction.' ") (quoting Phillips Petroleum Co. v. Lujan, 951 F.2d 257, 260 (10th Cir.1991)). Among other statutory provisions, the emergency petition for enforcement of agency investigative hearing orders and subpoenas invoked "sections 624.321 and 624.324, Florida Statutes." These provisions confer investigatory authority on the Department, which may conduct such investigations of insurance matters, in addition to investigations expressly authorized, as it may deem proper to determ...

...gnee: .... (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. § 624.321, Fla.Stat....

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Allstate Floridian v. Off. of Ins. Reg., 981 So. 2d 617 (Fla. 1st DCA 2008).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 2048349

...d representatives, shall make freely available to [OIR] . . . the accounts, records, documents, files, information, assets, and matters in their possession or control relating to the subject of the examination or investigation." (emphasis added). Section 624.321(1)(b), Florida Statutes Granting OIR, when conducting an investigation "the power to subpoena witnesses, compel their attendance and testimony, and require by subpoena the production of books, papers, records, files, correspondence...

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In Re Court Divisions, 648 So. 2d 761 (Fla. 1st DCA 1994).

Published | Florida 1st District Court of Appeal

...authority) (p) Section 602.065(14) (Appeals involving citrus canker claims) (q) Section 624.310(5) (Actions to enforce administrative fines imposed under the Florida Insurance Code against foreign insurers and persons not residing in the state) (r) Section 624.321(2) (Action to compel testimony pursuant to subpoena relating to Department of Insurance investigative authority) (s) Section 626.8463(3) (Action to compel testimony pursuant to subpoena relating to Department of Insurance investigativ...

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 624 in the context of insurance disputes and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.