The Florida Senate

498.047  Investigations.--

(1)  The division may:

(a)  Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any division rule or order, to aid in the enforcement of this chapter, or to aid in the adoption of division rules or forms; and

(b)  Require or permit any person to file a statement in writing, under oath or otherwise, as to the facts and circumstances concerning the matter to be investigated.

(2)  For the purpose of any investigation under this chapter, any officer or employee designated by rule may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence.

(3)  If any person fails to obey a subpoena or to answer questions propounded by the investigating officer, upon reasonable notice to all affected persons, the division may apply to circuit court for an order compelling compliance.

(4)  The division may permit a subdivider, broker, or salesperson whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding in which orders, rules, or letters of censure or warning, whether formal or informal, may be entered against the subdivider, broker, or salesperson.

(5)  A person who furnishes information or evidence to the division is immune from civil liability unless such person acts in bad faith or with malice in providing such information as evidence.

(6)  Unless otherwise ordered by a court of competent jurisdiction, nothing shall prohibit a complainant, respondent, or any witness from disclosing the existence of an investigation or other proceeding under this section.

(7)  Any official written report, worksheet, or other related paper, or a duly certified copy thereof, compiled, prepared, drafted, or otherwise made by and duly authenticated by a financial examiner or analyst may be admitted as competent evidence in any hearing in which the financial examiner or analyst is available for cross-examination and attests to under oath that such documents were prepared as a result of an examination or inspection conducted pursuant to the authority of this chapter.

History.--s. 15, ch. 63-129; s. 14, ch. 67-229; s. 4, ch. 69-393; s. 2, ch. 71-98; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 9, ch. 78-95; ss. 23, 30, 32, ch. 79-347; ss. 15, 21, ch. 81-177; ss. 2, 3, ch. 81-318; s. 3, ch. 83-265; ss. 22, 33, 34, ch. 88-90; s. 4, ch. 91-429; s. 579, ch. 97-103; s. 17, ch. 97-192.

Note.--Former s. 478.151.