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The Florida Senate

2007 Florida Statutes

Section 560.109, Florida Statutes 2007

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

(1)  The office may make investigations or examinations as prescribed in s. 560.118, within or outside this state, which it deems necessary in order to determine whether a person has violated any provision of the code, the rules adopted by the commission pursuant to the code, or 31 C.F.R. ss. 103.20, 103.22, 103.27, 103.28, 103.29, 103.33, 103.37, 103.41, and 103.125 as they existed on March 31, 2004.

(2)(a)  In the course of or in connection with an investigation by the office pursuant to the provisions of subsection (1) or an investigation or examination in connection with any application to the office for the organization or establishment of a money transmitter business, or in connection with an examination or investigation of a money transmitter or its authorized vendor, the office, or any of its officers holding no lesser title and position than financial examiner or analyst, financial investigator, or attorney at law, may:

1.  Administer oaths and affirmations.

2.  Take or cause to be taken testimony and depositions.

(b)  The office, or any of its officers holding no lesser title than attorney or area financial manager, may issue, revoke, quash, or modify subpoenas and subpoenas duces tecum under the seal of the office or 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 appear before the office at a reasonable 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 office or may be served as otherwise provided for by law for the service of subpoenas.

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

(3)(a)  In the event of noncompliance with a subpoena issued or caused to be issued by the office pursuant to this section, the office 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 office 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 that justice requires in order to protect a party or other person and her or his 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 the court.

(4)  Witnesses are entitled to the same fees and mileage to which they would be entitled by law for attending as witnesses in the circuit court, except that no fees or mileage is allowed for testimony of a person taken at the person's principal office or residence.

(5)  Reasonable and necessary costs incurred by the office and payable to persons involved with investigations may be assessed against any person 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 office is a ground for denial of the registration application or for revocation of any approval thereof. No such costs shall be assessed against a person unless the office has determined that the person has operated or is operating in violation of the code.

History.--s. 1, ch. 94-238; s. 1, ch. 94-354; s. 837, ch. 97-103; s. 693, ch. 2003-261; s. 2, ch. 2004-85.