Florida Statute 905.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

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F.S. 905.04

905.04 Grounds for challenge to individual prospective grand juror.—

(1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror:

(a) Does not have the qualifications required by law;

(b) Has a state of mind that will prevent him or her from acting impartially and without prejudice to the substantial rights of the party challenging;

(c) Is related by blood or marriage within the third degree to the defendant, to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted.

(2) The state may challenge an individual prospective grand juror on the ground that the prospective juror is surety on the bail undertaking of any person whose case will come before the grand jury.

History.—s. 83, ch. 19554, 1939; CGL 1940 Supp. 8663(83); s. 43, ch. 70-339; s. 1490, ch. 97-102.

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Amendments to 905.04

Annotations, Discussions, Cases:

Cases Citing Statute 905.04

Total Results: 5

Thompson v. State

565 So. 2d 1311, 1990 WL 82924

Supreme Court of Florida | Filed: Jun 14, 1990 | Docket: 1403316

Cited 35 times | Published

challenge individual prospective grand jurors, section 905.04, Florida Statutes (1987), is the opportunity

Porter v. State

400 So. 2d 5

Supreme Court of Florida | Filed: Jun 4, 1981 | Docket: 1362130

Cited 19 times | Published

committed by denying these motions. This is not so. Section 905.04(1)(b), Florida Statutes (1977), provides that

Herman v. State

396 So. 2d 222

District Court of Appeal of Florida | Filed: Mar 25, 1981 | Docket: 1732123

Cited 11 times | Published

appellant seeks to raise is whether or not section 905.04(1)(b), Florida Statutes (1977), disqualified[3]

State v. Famiglietti

817 So. 2d 901, 2002 WL 879409

District Court of Appeal of Florida | Filed: May 8, 2002 | Docket: 1430195

Cited 9 times | Published

149 Vt.623, 548 A.2d 408 (1988)); WIS. STAT. § 905.04 (2001) (State v. Agacki, 226 Wis.2d 349, 595 N

State v. Papy

239 So. 2d 604, 1970 Fla. App. LEXIS 5818

District Court of Appeal of Florida | Filed: Sep 15, 1970 | Docket: 64516681

Published

they were impanelled and sworn, in violation of § 905.04, Fla.Stat., F.S.A. Further, that there were unauthorized