Florida Statutes

Fla. Stat. § 905.05 (2025)

When challenge or objection to be made.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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905.05 When challenge or objection to be made.A challenge or objection to the grand jury may not be made after it has been impaneled and sworn. This section shall not apply to a person who did not know or have reasonable ground to believe, at the time the grand jury was impaneled and sworn, that cases in which the person was or might be involved would be investigated by the grand jury.
History.s. 84, ch. 19554, 1939; CGL 1940 Supp. 8663(84); s. 44, ch. 70-339; s. 1491, ch. 97-102.
Notes of Decisions
Cited in 12 cases, 1943–2018 · leading case: Bundy v. State, 455 So. 2d 330 (Fla. 1984).
Bundy v. State, 455 So. 2d 330 (Fla. 1984). · cites it 2× “The judge concluded that the motions were untimely filed under section 905.05, Florida Statutes (1977). Bundy later moved to quash the indictment on the grounds that he was not provided a fair hearing on these motions.”
Francois v. State, 407 So. 2d 885 (Fla. 1981). · cites it 2× “This section shall not apply to a person who did not know or have reasonable ground to believe, at the time the grand jury was empaneled and sworn, that cases in which he was or might be involved would be investigated by the grand jury.”
Porter v. State, 478 So. 2d 33 (Fla. 1985). · cites it 2× “A grand jury determines the state's ability to bring someone to trial; another jury determines guilt or innocence.”
Porter v. State, 400 So. 2d 5 (Fla. 1981). · cites it 2× “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 substantial…”
Herman v. State, 396 So. 2d 222 (Fla. 4th DCA 1981). · cites it 2× “See section 905.05, Florida Statutes (1977). The state maintains that the appellant presented no proof to the trial court that he came within the statutory exception regarding persons ignorant of the prospective grand jury investigation and, therefore, the motions challenging…”
Whitney v. State, 132 So. 2d 599 (Fla. 1961). · cites it 3× “Appellant contends that the trial judge should have sustained his motion to quash the indictment because he was not accorded an opportunity to challenge the grand jury, a privilege which he asserts was his under Section 905.05, Florida Statutes, F.S.A. That section simply…”
Leonard P Gonzalez Jr. v. State of Florida, 253 So. 3d 526 (Fla. 2018). · cites it 2× “2d at 535 (quoting section 905.05, Florida Statutes (1973) ).”
Seay v. State, 286 So. 2d 532 (Fla. 1973). · cites it 2× “Fla. Stat. § 905.05 , F.S.A. then explicitly states: " When challenge or objection to be made.”
Frazier v. State, 107 So. 2d 16 (Fla. 1958). “Section 905.05, F.S.A. decrees that no objection to a grand jury may be raised by plea or otherwise after the grand jurors have been empaneled and sworn.”
Dykman v. State, 294 So. 2d 633 (Fla. 1973). · cites it 2× “, and F.S. § 905.05, F.S.A. Seay v. State, 286 So.”
State v. Lewis, 11 So. 2d 337 (Fla. 1943). · cites it 2× “To reverse the trial court’s ruling as to the instant challenge, the State relies on Section 905.05, Florida Statutes of 1941, which was also a part of the Criminal Procedure Act and is as follows: “After the grand jurors have been empaneled and sworn, no objection shall be…”
Pittman v. State, 287 So. 2d 337 (Fla. 3d DCA 1973). · cites it 2× “The arguments for reversal presented by the appellant have been considered in the light of the record and briefs and are found to be without merit. The evidence was sufficient to sustain the judgment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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