Fla. R. Civ. P. 1.410

(a) Subpoena Generally. Subpoenas for testimony before

the court, subpoenas for production of tangible evidence, and

subpoenas for taking depositions may be issued by the clerk of

court or by any attorney of record in an action.

(b) Subpoena for Testimony before the Court.

(1) Every subpoena for testimony before the court must

be issued by an attorney of record in an action or by the clerk

under the seal of the court and must state the name of the court

and the title of the action and must command each person to whom

it is directed to attend and give testimony at a time and place

specified in it.

(2) On oral request of an attorney or party, the clerk

must issue a subpoena for testimony before the court or a

subpoena for the production of documentary evidence before the

court signed and sealed but otherwise in blank, both as to the title

of the action and the name of the person to whom it is directed, and

the subpoena must be filled in before service by the attorney or

party.

(c) For Production of Documentary Evidence. A subpoena

may also command the person to whom it is directed to produce the

books, documents (including electronically stored information), or

designated tangible things, but the court, on motion made promptly

and in any event at or before the time specified in the subpoena for

compliance, may:

(1) quash or modify the subpoena if it is unreasonable

and oppressive, or

(2) condition denial of the motion on the advancement

by the person in whose behalf the subpoena is issued of the

reasonable cost of producing the books, documents, or tangible

things.

If a subpoena does not specify a form for producing electronically

stored information, the person responding must produce it in a

form or forms in which it is ordinarily maintained or in a reasonably

usable form or forms. A person responding to a subpoena may

object to discovery of electronically stored information from sources

that the person identifies as not reasonably accessible because of

undue costs or burden. On motion to compel discovery or to quash,

the person from whom discovery is sought must show that the

information sought or the form requested is not reasonably

accessible because of undue costs or burden. If that showing is

made, the court may nonetheless order discovery from the sources

or in the forms requested if the requesting party shows good cause,

considering the limitations set out in rule 1.280(e)(2). The court

may specify conditions of the discovery, including ordering that

some or all of the expenses of the discovery be paid by the party

seeking the discovery. A party seeking a production of evidence at

trial that would be subject to a subpoena may compel production

by serving a notice to produce the evidence on an adverse party as

provided in Florida Rule of General Practice and Judicial

Administration 2.516. The notice has the same effect and is subject

to the same limitations as a subpoena served on the party.

(d) Service. 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 not less than 18 years of age. Service of a

subpoena on a person named within must be made as provided by

law. The proof of service must be made by affidavit of the person

making service except as applicable under rule 1.351(c) for the

production of documents and things by a nonparty without

deposition, if not served by an officer authorized by law to do so.

(e) Subpoena for Taking Depositions.

(1) Filing a notice to take a deposition as provided in

rule 1.310(b) or 1.320(a) with a certificate of service showing service

on all parties to the action authorizes the clerk or any attorney of

record to issues subpoenas to persons named in the notice. The

subpoena must state the method for recording the testimony. A

party intending to audiovisually record a deposition must state in

the subpoena that the deposition is to be audiovisually recorded

and identify the method for audiovisually recording the deposition,

including, if applicable, the name and address of the operator of the

audiovisual recording equipment. If a party intends to take a

deposition by communication technology, the subpoena must state

the deposition is to be taken using communication technology,

identify the specific form of communication technology to be used,

and provide instructions for access to the communication

technology. The subpoena may command the person to whom it is

directed to produce designated books, documents, or tangible

things that constitute or contain evidence relating to any of the

matters within the scope of the examination permitted by rule

1.280(c), but in that event the subpoena will be subject to the

provisions of rule 1.280(d) and subdivision (c) of this rule. Within

10 days after its service, or on or before the time specified in the

subpoena for compliance if the time is less than 10 days after

service, the person to whom the subpoena is directed may serve a

written objection to inspecting or copying of any of the designated

materials. If objection is made, the party serving the subpoena will

not be entitled to inspect and copy the materials except under an

order of the court from which the subpoena was issued. If objection

has been made, the party serving the subpoena may move for an

order at any time before or during the taking of the deposition on

notice to the deponent.

(2) A person may be required to attend an examination

only in the county wherein the person resides or is employed or

transacts business in person or at another convenient place as may

be fixed by an order of court.

(f) Contempt. Failure by any person without adequate

excuse to obey a subpoena served on that person may be deemed in

contempt of the court from which the subpoena issued.

(g) Depositions before Commissioners Appointed in this

State by Courts of Other States; Subpoena Powers; etc. When

any person authorized by the laws of Florida to administer oaths is

appointed by a court of record of any other state, jurisdiction, or

government as commissioner to take the testimony of any named

witness within this state, that witness may be compelled to attend

and testify before that commissioner by witness subpoena issued by

the clerk of any circuit court at the instance of that commissioner

or by other process or proceedings in the same manner as if that

commissioner had been appointed by a court of this state; provided

that no document will be compulsorily annexed as an exhibit to the

deposition or otherwise permanently removed from the possession

of the witness producing it, but in its place, a photostatic copy may

be annexed to and transmitted with the executed commission to the

court of issuance.

(h) Subpoena of Minor. Any minor subpoenaed for

testimony has the right to be accompanied by a parent or guardian

at all times during the taking of testimony notwithstanding the

invocation of the rule of sequestration of section 90.616, Florida

Statutes, except on a showing that the presence of a parent or

guardian is likely to have a material, negative impact on the

credibility or accuracy of the minor’s testimony, or that the interests

of the parent or guardian are in actual or potential conflict with the

interests of the minor.