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Florida Statute 905.17 | Lawyer Caselaw & Research
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F.S. 905.17 Case Law from Google Scholar Google Search for Amendments to 905.17

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 905
GRAND JURY
View Entire Chapter
F.S. 905.17
905.17 Who may be present during session of grand jury.
(1) No person shall be present at the sessions of the grand jury except the witness under examination, one attorney representing the witness for the sole purpose of advising and consulting with the witness, the state attorney and her or his assistant state attorneys, designated assistants as provided for in s. 27.18, the court reporter or stenographer, and the interpreter. The stenographic records, notes, and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and shall be released by the clerk only on request by a grand jury for use by the grand jury or on order of the court pursuant to s. 905.27.
(2) The witness may be represented before the grand jury by one attorney. This provision is permissive only and does not create a right to counsel for the grand jury witness. The attorney for the witness shall not be permitted to address the grand jurors, raise objections, make arguments, or otherwise disrupt proceedings before the grand jury. The attorney for the witness shall be permitted to advise and counsel the witness and shall be subject to the provisions of s. 905.27 in the same manner as all who appear before the grand jury. An attorney or law firm may not represent more than one person or entity in an investigation before the same grand jury or successive grand juries in the same investigation.
(3) No person shall be present while the grand jurors are deliberating or voting, except that an interpreter appointed pursuant to s. 90.6063(2) may be present after swearing to refrain from personal interjection and to uphold the secrecy of the proceeding.
(4) An intentional violation of the provisions of this section shall constitute indirect criminal contempt of court. Further, and in addition to any contempt sanction, if the court determines that the attorney for the witness has violated any of the provisions of subsection (2), then the court may take such measures as are necessary to ensure compliance with subsection (2), including exclusion of the offending attorney from the grand jury room.
(5) This section does not apply to proceedings of the statewide grand jury created in s. 905.33.
History.s. 96, ch. 19554, 1939; CGL 1940 Supp. 8663(96); s. 1, ch. 26584, 1951; s. 54, ch. 70-339; s. 2, ch. 74-627; s. 1, ch. 92-154; s. 3, ch. 93-125; s. 1, ch. 94-74; s. 434, ch. 96-406; s. 1833, ch. 97-102; s. 2, ch. 2024-7.

F.S. 905.17 on Google Scholar

F.S. 905.17 on Casetext

Amendments to 905.17


Arrestable Offenses / Crimes under Fla. Stat. 905.17
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 905.17.



Annotations, Discussions, Cases:

Cases Citing Statute 905.17

Total Results: 20

Worth v. the Estate of Idelle Stern

Court: Fla. Dist. Ct. App. | Date Filed: 2018-02-06T23:53:00-08:00

Snippet: Third District Court of Appeal State of Florida Opinion filed February 7, 2018. Not final until disposition of timely filed motion for rehearing. ________________ Nos. 3D17-907, 3D17-905 & 3D17-903 Lower Tribunal No. 13-34684 ________________ Theron H. Worth, et al.,

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Fla. | Date Filed: 2015-01-22T00:00:00-08:00

Citation: 156 So. 3d 499, 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113

Snippet: 744.3701, Fla. Stat. (xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat. (xvii) Records acquired

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Fla. | Date Filed: 2013-03-28T00:00:00-07:00

Citation: 124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Snippet: , Fla. Stat. (xvi) Grand jury records. On 9Q5§§ 905.17, 905.28(1), Fla. Stat. (xvii) InformationRecords

Miller v. State

Court: Fla. | Date Filed: 2010-06-03T00:00:00-07:00

Citation: 42 So. 3d 204, 35 Fla. L. Weekly Supp. 323, 2010 Fla. LEXIS 854, 2010 WL 2195709

Snippet: even present unless testifying as a witness. See § 905.17(1), Fla. Stat. (2005).[5] The State presents witnesses

Report of Supreme Court Workgroup on Public Records

Court: Fla. | Date Filed: 2002-09-12T00:53:00-07:00

Citation: 825 So. 2d 889

Snippet: subject to public inspection pursuant to Section 905.17(1), Florida Statutes. A Court order must be obtained

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-02-24T23:53:00-08:00

Snippet: the public records exemption contained in section 905.17, Florida Statutes. This statute authorizes the

State v. Knight

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-05T00:00:00-07:00

Citation: 661 So. 2d 344, 1995 Fla. App. LEXIS 10399, 1995 WL 581132

Snippet: an exemption is contained within section 905.17. Section 905.17(1) provides: The notes, records, and transcriptions… records exemption contained in section 905.17. Section 905.17 provides the general exemption from section…905.27. More importantly, in re-enacting section 905.17, the legislature did set forth a statement of public…requirements of Article I, Section 24(c). While section 905.17 provides the general exemption for grand jury materials…exception to the exemption contained in section 905.17.Nothing in Article I, Section 24 requires exceptions

In Re Amend. to Fla. Rules of Cr. Proc.

Court: Fla. | Date Filed: 1992-09-24T00:53:00-07:00

Citation: 606 So. 2d 227

Snippet: witnesses, and to draw indictments. (See §§ 905.16, 905.17, 905.19, 905.22, 27.02, 27.16, 27.21, &…grand jury is deliberating or voting (see section 905.17, Florida Statutes) and has no voice in the decision

Thompson v. State

Court: Fla. | Date Filed: 1990-06-14T00:00:00-07:00

Citation: 565 So. 2d 1311

Snippet: to record the grand jury proceedings. Sections 905.17 and 905.27 of the Florida Statutes (1987), do not

Palm Beach Newspapers, Inc. v. Doe

Court: Fla. Dist. Ct. App. | Date Filed: 1984-11-13T23:53:00-08:00

Citation: 460 So. 2d 406

Snippet: ;grand jury session" as defined in Section 905.17 Florida Statutes.[1] Therefore, petitioner concludes

Florida Bar v. Hawkins

Court: Fla. | Date Filed: 1984-05-10T00:00:00-07:00

Citation: 450 So. 2d 483, 1984 Fla. LEXIS 2932

Snippet: The costs of these proceedings in the amount of $905.17 are assessed against the respondent. It is so ordered

In Re Getty

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-08T23:53:00-08:00

Citation: 427 So. 2d 380

Snippet: enforcement officer. Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those present…essential facts which must be alleged. [7] Section 905.17(1) provides: No person shall be present at the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-10-08T00:53:00-07:00

Snippet: prosecuting attorney within the meaning of ss. 905.17 and905.19, F. S.; and cf. Pinellas Co. v. Wooley

Wheeler v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1975-04-25T00:53:00-07:00

Citation: 311 So. 2d 713

Snippet: Court of Appeal, First District, placed upon §§ 905.17 and 905.19, F.S. in State ex rel. Christian v. …Supreme Court rejected that interpretation of §§ 905.17 and 905.19, F.S. 1973, and held that said sections

Rudd v. State Ex Rel. Christian

Court: Fla. | Date Filed: 1975-02-09T23:53:00-08:00

Citation: 310 So. 2d 295

Snippet: grand jury constituted a violation of Fla. Stat. § 905.17(1) and 905.19, F.S.A., and 2. Christian, because…before the grand jury in violation of Fla. Stat. §§ 905.17 and 905.19, F.S.A. We approve that portion of the… in denying this motion. We agree. Fla. Stat. § 905.17(1), F.S.A., provides as follows: "No person…during the Grand Jury proceedings. Florida Statute 905.17(1) is specific as to who may be present at sessions…lodged against the appellant contrary to F.S.A. §§ 905.17 and 905.19." (p. 316) "In ascertaining

State Ex Rel. Christian v. Rudd

Court: Fla. Dist. Ct. App. | Date Filed: 1974-11-04T23:53:00-08:00

Citation: 302 So. 2d 821

Snippet: Petitioner before the Grand Jury in violation of F.S. 905.17(1) and F.S. 905.19. Those Motions were denied by…the investigation, in total violation of Section 905.17(1), Florida Statutes, which provides: "No …during the Grand Jury proceedings. Florida Statute 905.17(1) is specific as to whom may be present at sessions…above procedure not violative of Florida Statutes 905.17 and 905.19 as enacted by the Legislature in 1939…, in pertinent part as follows: Florida Statute 905.17 (1939-1970) "No person shall be present at

State v. McArthur

Court: Fla. Dist. Ct. App. | Date Filed: 1974-06-14T00:00:00-07:00

Citation: 296 So. 2d 97

Snippet: The defendant relies upon F.S. 905.17, F.S.A., which provides: "905.17 Who may be present during session…must be recorded. The reliance is misplaced. F.S. 905.17, F.S.A., refers to who may be present at grand … we conceive to be the clear provisions of F.S. 905.17 and 905.27, F.S.A., Laws of 1971, it is our view

Spencer v. Spencer

Court: Fla. Dist. Ct. App. | Date Filed: 1970-11-05T23:53:00-08:00

Citation: 242 So. 2d 786

Snippet: not mandatory. Recently, in construing Section 905.17, Florida Statutes, F.S.A., which provides that …, 217 So.2d 591, concluded: "* * * Section 905.17 provides only that violators may be found in contempt

State v. Gartenmayer

Court: Fla. Dist. Ct. App. | Date Filed: 1970-09-15T00:00:00-07:00

Citation: 239 So. 2d 116

Snippet: that this violation of the statutes (See Section 905.17 Fla.Stat., F.S.A.) rendered the subsequent indictment

Gonzalez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1969-03-04T00:00:00-08:00

Citation: 220 So. 2d 393, 1969 Fla. App. LEXIS 6032

Snippet: and under certain procedures. See Fla. Stat. §§ 905.17; 905.24; 905.27, F.S.A. The Brady case, supra,