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Florida Statute 895.06 - Full Text and Legal Analysis
Florida Statute 895.06 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 895
OFFENSES CONCERNING RACKETEERING AND ILLEGAL DEBTS
View Entire Chapter
895.06 Civil investigative subpoenas; public records exemption.—
(1) If, pursuant to the civil enforcement provisions of s. 895.05, an investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this chapter, the investigative agency may administer oaths or affirmations, subpoena witnesses or material, and collect evidence.
(2) A subpoena issued pursuant to this chapter is confidential for 120 days after the date of its issuance. The subpoenaed person or entity may not disclose the existence of the subpoena to any person or entity other than his or her attorney during the 120-day period. The subpoena must include a reference to the confidentiality of the subpoena and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity except the subpoenaed person’s or entity’s attorney is prohibited. The investigative agency may apply ex parte to the circuit court for the circuit in which a subpoenaed person or entity resides, is found, or transacts business for an order directing that the subpoenaed person or entity not disclose the existence of the subpoena to any other person or entity except the subpoenaed person’s attorney for an additional period of time for good cause shown by the investigative agency. The order shall be served on the subpoenaed person or entity with the subpoena, and the subpoena must include a reference to the order and a notice to the recipient of the subpoena that disclosure of the existence of the subpoena to any other person or entity in violation of the order may subject the subpoenaed person or entity to punishment for contempt of court. Such an order may be granted by the court only upon a showing:
(a) Of sufficient factual grounds to reasonably indicate a violation of ss. 895.01-895.06;
(b) That the documents or testimony sought appear reasonably calculated to lead to the discovery of admissible evidence; and
(c) Of facts that reasonably indicate that disclosure of the subpoena would hamper or impede the investigation or would result in a flight from prosecution.
(3) If matter that the investigative agency seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make such matter available to the investigative agency or its representative for examination at the place where such matter is located. The investigative agency may designate representatives, including officials of the jurisdiction in which the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other jurisdictions.
(4) Upon failure of a person or enterprise, without lawful excuse, to obey a subpoena issued under this section or a subpoena issued in the course of a civil proceeding instituted pursuant to s. 895.05, and after reasonable notice to such person or enterprise, the investigative agency may apply to the circuit court in which such civil proceeding is pending or, if no civil proceeding is pending, to the circuit court for the judicial circuit in which such person or enterprise resides, is found, or transacts business for an order compelling compliance. Except in a prosecution for perjury, an individual who complies with a court order to provide testimony or material after asserting a privilege against self-incrimination to which the individual is entitled by law shall not have the testimony or material so provided, or evidence derived therefrom, received against him or her in any criminal investigation or proceeding.
(5) A person who fails to obey a court order entered pursuant to this section may be punished for contempt of court.
(6) The investigative agency may stipulate to protective orders with respect to documents and information submitted in response to a subpoena issued under this section.
(7)(a) Information held by an investigative agency pursuant to an investigation of a violation of s. 895.03 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Information made confidential and exempt under paragraph (a) may be disclosed by the investigative agency to:
1. A government entity in the performance of its official duties.
2. A court or tribunal.
(c) Information made confidential and exempt under paragraph (a) is no longer confidential and exempt once all investigations to which the information pertains are completed, unless the information is otherwise protected by law.
(d) For purposes of this subsection, an investigation is considered complete once the investigative agency either files an action or closes its investigation without filing an action.
History.—s. 1, ch. 79-218; s. 2, ch. 84-38; s. 4, ch. 87-139; s. 20, ch. 88-381; s. 1448, ch. 97-102; s. 1, ch. 2015-99; s. 3, ch. 2016-84; s. 1, ch. 2020-90.
Note.—Former s. 943.465.

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Amendments to 895.06


Annotations, Discussions, Cases:

Cases Citing Statute 895.06

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Eight Hundred, Inc. v. State, 781 So. 2d 1187 (Fla. 5th DCA 2001).

Cited 12 times | Published | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 5048, 2001 WL 359272

...The Statewide Prosecution contested the motion, arguing that the seized records were no longer in its custody because they had been turned over to the Office of the Attorney General, Department of Legal Affairs, [3] pursuant to a subpoena for use in *1190 the civil proceedings. The subpoena was issued pursuant to section 895.06, Florida Statutes, which authorizes the issuance of investigative subpoenas in civil proceedings seeking remedies for violation of the Florida RICO Act....
...Thus we may proceed to resolve the issues presented on the merits. Validity Of The Investigative Subpoena Although the subpoena that is the subject of these proceedings was captioned as a subpoena duces tecum, it was issued as an investigative subpoena pursuant to section 895.06(2), which provides: If, pursuant to the civil enforcement provisions of s....
...895.05, an investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this act, the investigative agency may administer oaths or affirmations, subpoena witnesses or material, and collect evidence. § 895.06(2), Fla. Stat. (1999). An investigative agency is defined as "the Department of Legal Affairs, the Office of Statewide Prosecution, or the office of a state attorney." § 895.06(1), Fla. Stat. (1999). The Corporations argue that the subpoena is invalid because it was not issued in accordance with the Florida Rules of Civil Procedure. We find that a review of the legislative history of section 895.06(2) is necessary, as case law surrounding that sub-section provides little guidance in resolving this issue. Prior to 1984, section 895.06(2) provided that the investigatory agency's collection of evidence was governed by the Florida Rules of Civil Procedure....
...the investigative agency has reason to believe that a person or other enterprise has engaged in ... activity in violation of this act, the investigative agency may ... subpoena witnesses or material, and collect evidence pursuant to the Florida Rules of Civil Procedure. § 895.06(2), Fla....
...that a requirement when it amended the statute. We conclude, therefore, that the Legislature did not intend *1191 to require application of the Florida Rules of Civil Procedure to the issuance of investigative subpoenas under the current version of section 895.06....
...We next address whether the subpoena in the instant case was issued for investigative purposes. An investigatory agency may seek an investigatory subpoena when it "has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this act...." § 895.06(2), Fla....
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Transcall Am., Inc. v. Butterworth, 604 So. 2d 1253 (Fla. 1st DCA 1992).

Cited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 212029

...ica, Inc. (TAI), seeking his appearance and the production of certain documents. The subpoena stated that the information was deemed necessary in *1254 connection with enforcement of the Racketeer Influenced and Corrupt Organization Act and cited to section 895.06, Florida Statutes, as authority for its issuance. When there was no compliance with the subpoena, the Attorney General filed a motion to compel in the Circuit Court for Leon County in accordance with section 895.06(5), Florida Statutes....
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Checkn Go of Florida, Inc. v. State, 790 So. 2d 454 (Fla. 5th DCA 2001).

Cited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 497807

...This case presents questions concerning the scope of the investigatory powers of the Attorney General. The State of Florida, Office of the Attorney General issued an investigatory subpoena duces tecum to the appellant, Check `n Go of Florida, Inc., pursuant to section 895.06(2), Florida Statutes (2000), seeking documents concerning certain "consecutive" or "rollover" transactions between Check `n Go and its customers....
...red production of the remainder. Check `n Go thereafter appealed. A. The authority of the Attorney General to issue the subpoena. The Attorney General's office issued the subpoena duces tecum in question pursuant to its investigatory authority under section 895.06, Florida Statutes (2000), which reads in part: If, pursuant to the civil enforcement provisions of s....
...Check `n Go, however, asserts that the challenged subpoena is invalid because the Attorney General did not have "reason to believe" that Check `n Go had violated or was violating the law. No case law in Florida defines the "reason to believe" standard in the context of section 895.06. There is, nevertheless, significant guidance to be found in the definition of this term in other contexts, and in cases discussing the purpose of investigatory subpoenas in general. The purpose of the subpoena power under section 895.06 is to allow an investigative agency to investigate, collect evidence and determine if a RICO violation has occurred....
...e term "reason to believe," which appears to translate well in the context we are now considering. We conclude, therefore, that the test to be applied in determining whether the Attorney General is authorized to issue an investigatory subpoena under section 895.06(2), is whether under the circumstances a reasonably prudent person would be warranted in the belief that a person or other enterprise who is the subject of the subpoena has engaged in, or is engaging in, activity in violation of the Florida RICO Act....
...*461 Accordingly, the order is affirmed in part and reversed in part, and remanded to the trial court for further proceedings not inconsistent with this opinion. AFFIRMED in part; REVERSED in part; REMANDED. SHARP, W., and PETERSON, JJ., concur. NOTES [1] §§ 895.01-895.06, Fla....
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Jackson v. State, 202 So. 3d 97 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13458

...to issue subpoenas duces tecum for records as part of an ongoing investigation”) (additional citations omitted); see also § 119.071(2)(c)1, Fla. Stat. (2015) (exempting “active criminal investigative information” from the public records law); § 895.06(2), Fla....

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