905.01
Number and procurement of grand jury; replacement of member; term of grand jury.
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905.01 Number and procurement of grand jury; replacement of member; term of grand jury.—
(1) The grand jury shall consist of no fewer than 15, but no more than 21 persons. The law governing the qualifications, disqualifications, excusals, drawing, summoning, supplying deficiencies, compensation, and procurement of petit jurors apply to grand jurors. In addition, an elected public official is not eligible for service on a grand jury.
(2) The chief judge of any circuit court may provide for the replacement of any grand juror who, for good cause, is unable to complete the term of the grand jury. Such replacement shall be made by appropriate order of the chief judge from the list of prospective jurors from which the grand juror to be replaced was selected.
(3) The chief judge of each circuit court shall regularly order the convening of the grand jury for a term of 6 months.
History.—s. 80, ch. 19554, 1939; CGL 1940 Supp. 8663(80); s. 41, ch. 70-339; s. 1, ch. 72-68; s. 19, ch. 79-235; s. 1, ch. 84-237; s. 1, ch. 98-222; s. 19, ch. 2013-25.
Notes of Decisions
Cited in 8
cases, 1953–1995 · leading case: State v. Digman
State v. Digman (1974)
“The method of grand jury selection provided by this act differs from that provided by F.S. § 905.01(1), F.S.A. (which incorporates F.”
Johnson v. State (1995)
“[13] Johnson further argues that section 905.01(2), Florida Statutes (1987), required that only a judge swear jurors.”
Nelms v. State (1992)
“Nelms filed a pretrial motion to dismiss the indictment because the grand jury had not been summoned from the same geographical area as the petit jury in violation of section 905.01(1), Florida Statutes (1981) (provisions of law governing qualifications, disqualifications,…”
Thompson v. State (1990)
“[2] Thompson also contends that the indictment was invalid because it came from an improperly composed grand jury of 23 members, in violation of section 905.01(1) of the Florida Statutes (1987), and in violation of his equal protection right not to be indicted by an improperly…”
Lightfoot v. State (1953)
“" Section 905.01, Florida Statutes, 1951, F.”
Simington v. Shimp (1978)
“Code 11-1903 (1973); Fla. Stat. 905.01 - 905.40 (West 1973); Ga.”
State ex rel. Ashmann v. Williams (1963)
“Dade County and under Section 905.01, F. S.A., it should have consisted of not more-than eighteen members.”
State ex rel. Retchin v. Turner (1970)
“2d 720, 721 , issued the peremptory writ of mandamus with directions to discharge the defendant under § 905.01(2), Fla.Stat., F.S.A, and said: “Our Supreme Court in the recent case of State ex rel.”
— 905.01(1) — 3 cases
State v. Digman (1974)
“The method of grand jury selection provided by this act differs from that provided by F.S. § 905.01(1), F.S.A. (which incorporates F.”
Nelms v. State (1992)
“Nelms filed a pretrial motion to dismiss the indictment because the grand jury had not been summoned from the same geographical area as the petit jury in violation of section 905.01(1), Florida Statutes (1981) (provisions of law governing qualifications, disqualifications,…”
Thompson v. State (1990)
“[2] Thompson also contends that the indictment was invalid because it came from an improperly composed grand jury of 23 members, in violation of section 905.01(1) of the Florida Statutes (1987), and in violation of his equal protection right not to be indicted by an improperly…”
— 905.01(2) — 2 cases
Johnson v. State (1995)
“[13] Johnson further argues that section 905.01(2), Florida Statutes (1987), required that only a judge swear jurors.”
State ex rel. Retchin v. Turner (1970)
“2d 720, 721 , issued the peremptory writ of mandamus with directions to discharge the defendant under § 905.01(2), Fla.Stat., F.S.A, and said: “Our Supreme Court in the recent case of State ex rel.”
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