Florida Regulations 73B-20.019: Subpoenas
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(1) Subpoenas requiring the attendance of witnesses or production of records, files and memoranda from any place in the state at any designated place of hearing before the appeals referee for the purpose of taking the testimony of such witnesses or inspection of documents may be obtained upon written application of any party of record or upon the referee’s own motion. The application for subpoena shall state the full name and address of the witness for whom the subpoena is to be issued and the time and place for the witness to appear. Requests for subpoenas duces tecum must describe with particularity the documents to be brought by the witness. The application must be delivered to the office of the referee sufficiently in advance of the scheduled date of the hearing to allow service prior to the hearing.
(a) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party and who is of majority age. Service may be made by a party’s attorney or representative.
(b) Service of a subpoena on behalf of a party other than a claimant for benefits shall not be effective unless delivery of the subpoena to the person named therein is accompanied by tender of the fee for one day’s attendance and the mileage allowed by law.
(c) Proof of personal service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. If service is made by certified mail, the returned postal service receipt shall be proof of service.
(2) Any person subject to a subpoena may, for any of the grounds set forth in Section 120.569(2)(k)1., F.S., file with the appeals referee a motion to quash or limit the scope of the subpoena. The motion must be made sufficiently in advance of the date set for compliance with the subpoena to allow the referee to rule on the motion and provide notice to the parties of the ruling. If the referee’s written ruling is not received prior to the date set for compliance, the moving party shall appear at the designated time and place prepared to comply with the subpoena, provided that the moving party shall be entitled to an oral ruling on the motion entered into the record at the inception of the hearing.
(3) If a person fails to comply with a subpoena, the party requesting the subpoena may seek enforcement by filing a petition for enforcement pursuant to Section 120.569(2)(k)2., F.S., in the circuit court of the judicial circuit wherein the person in noncompliance resides.
(4) Any public employee subpoenaed to appear before an appeals referee who is required to travel beyond the immediate vicinity of his or her headquarters shall be entitled to reimbursement for per diem and travel expenses at the rate provided in Florida Statutes § 112.061 The voucher for reimbursement shall be processed in accordance with state law.
(5) All other witnesses, except parties, who are subpoenaed to appear before an appeals referee shall be entitled to a witness fee and mileage allowance as provided in civil actions in the circuit courts of this state.
(6) Fees for witnesses subpoenaed on behalf of the Florida Department of Commerce or any claimant for benefits shall be paid from the Employment Security Administration Trust Fund upon submission by the appeals referee of a voucher for reimbursement.
(7) Fees for witnesses subpoenaed on behalf of all other parties shall accompany the subpoena.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.041(2)(a), 443.151(4)(d), 443.171(6), (7) FS. History-New 5-22-80, Formerly 38E-5.19, Amended 8-20-86, Formerly 38E-5.019, 60BB-5.019, Amended 12-6-16.
Terms Used In Florida Regulations 73B-20.019
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) Service of a subpoena on behalf of a party other than a claimant for benefits shall not be effective unless delivery of the subpoena to the person named therein is accompanied by tender of the fee for one day’s attendance and the mileage allowed by law.
(c) Proof of personal service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. If service is made by certified mail, the returned postal service receipt shall be proof of service.
(2) Any person subject to a subpoena may, for any of the grounds set forth in Section 120.569(2)(k)1., F.S., file with the appeals referee a motion to quash or limit the scope of the subpoena. The motion must be made sufficiently in advance of the date set for compliance with the subpoena to allow the referee to rule on the motion and provide notice to the parties of the ruling. If the referee’s written ruling is not received prior to the date set for compliance, the moving party shall appear at the designated time and place prepared to comply with the subpoena, provided that the moving party shall be entitled to an oral ruling on the motion entered into the record at the inception of the hearing.
(3) If a person fails to comply with a subpoena, the party requesting the subpoena may seek enforcement by filing a petition for enforcement pursuant to Section 120.569(2)(k)2., F.S., in the circuit court of the judicial circuit wherein the person in noncompliance resides.
(4) Any public employee subpoenaed to appear before an appeals referee who is required to travel beyond the immediate vicinity of his or her headquarters shall be entitled to reimbursement for per diem and travel expenses at the rate provided in Florida Statutes § 112.061 The voucher for reimbursement shall be processed in accordance with state law.
(5) All other witnesses, except parties, who are subpoenaed to appear before an appeals referee shall be entitled to a witness fee and mileage allowance as provided in civil actions in the circuit courts of this state.
(6) Fees for witnesses subpoenaed on behalf of the Florida Department of Commerce or any claimant for benefits shall be paid from the Employment Security Administration Trust Fund upon submission by the appeals referee of a voucher for reimbursement.
(7) Fees for witnesses subpoenaed on behalf of all other parties shall accompany the subpoena.
Rulemaking Authority Florida Statutes § 443.012(11). Law Implemented 443.041(2)(a), 443.151(4)(d), 443.171(6), (7) FS. History-New 5-22-80, Formerly 38E-5.19, Amended 8-20-86, Formerly 38E-5.019, 60BB-5.019, Amended 12-6-16.