Florida Statutes
Fla. Stat. § 905.04 (2025)
Grounds for challenge to individual prospective grand juror.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1970–2002 · leading case: Thompson v. State, 565 So. 2d 1311 (Fla. 1990).
Thompson v. State, 565 So. 2d 1311 (Fla. 1990). “Implicit in the statutory right to challenge individual prospective grand jurors, section 905.04, Florida Statutes (1987), is the opportunity to obtain information from them about their qualifications.”
Herman v. State, 396 So. 2d 222 (Fla. 4th DCA 1981). “[3] Section 905.04 provides in pertinent part: (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: (b) Has a state of mind that will prevent him from acting impartially and without prejudice to…”
Porter v. State, 400 So. 2d 5 (Fla. 1981). “Section 905.04(1)(b), Florida Statutes (1977), provides that a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror has a state of mind that will *7 prevent him from acting impartially and without prejudice to the…”
State v. Famiglietti, 817 So. 2d 901 (Fla. 3d DCA 2002). “§ 905.04 (2001) ( State v. Agacki, 226 Wis.”
State v. Papy, 239 So. 2d 604 (Fla. 3d DCA 1970). “The informations were dismissed as to all the appellees, because the trial court found that certain members of the Grand Jury panel were pre-disposed to return indictments against the appellees at the time they were impanelled and sworn, in violation of § 905.04, Fla.Stat.,…”
— 905.04(1)(b) — 2 cases
Porter v. State, 400 So. 2d 5 (Fla. 1981). “Section 905.04(1)(b), Florida Statutes (1977), provides that a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror has a state of mind that will *7 prevent him from acting impartially and without prejudice to the…”
Herman v. State, 396 So. 2d 222 (Fla. 4th DCA 1981). “[3] Section 905.04 provides in pertinent part: (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: (b) Has a state of mind that will prevent him from acting impartially and without prejudice to…”
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