905.17
Who may be present during session of grand jury.
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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.
Notes of Decisions
Cited in 24
cases, 1957–2015 · leading case: Miller v. State
Miller v. State (2010)
“See § 905.17(1), Fla. Stat. (2005). [5] The State presents witnesses and evidence, whereas the defendant is not afforded that opportunity.”
Dotty v. State (1967)
“lant contends the trial court erred in denying his motion to quash the indictment on the ground the prosecuting attorney and the assistant prosecuting attorney were both present before the grand jurors at the same time for the purpose of examining witnesses in their presence and…”
Rudd v. State Ex Rel. Christian (1975)
“Christian, because he was then Commissioner of Education for the State of Florida, "was not subject to indictments prior to impeachment and conviction by the Florida Legislature." The motion to dismiss was denied.”
Harper v. State (1968)
“Section 905.17, F.S.A. 1965, and sentencing him to three days imprisonment.”
Trafficante v. State (1957)
“" F.S. § 905.17, F.S.A. provides in part that transcriptions of testimony before a grand jury "shall be opened and released by the clerk upon the order of the trial judge for use pursuant to the provisions of § 905.”
In Re Amend. to Fla. Rules of Cr. Proc. (1992)
“Since the prosecuting attorney cannot be present while the grand jury is deliberating or voting (see section 905.17, Florida Statutes) and has no voice in the decision of whether an indictment is found (see section 905.”
Spencer v. Spencer (1970)
“Recently, in construing Section 905.17, Florida Statutes, F.S.A., which provides that a grand juror failing to comply with the prohibitions of the statute " may be held in contempt of court" (emphasis added), this court in Harper v.”
Report of Supreme Court Workgroup on Public Records (2002)
“These records are normally kept in a sealed container and are not subject to public inspection pursuant to Section 905.17(1), Florida Statutes. A Court order must be obtained for disposition.”
In Re Getty (1983)
“Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those present during grand jury sessions, section 27.”
State v. McArthur (1974)
“The defendant relies upon F.S. 905.17, F.S.A., which provides: "905.”
State v. Clemmons (1963)
“When this is apparent punishment for contempt might be justified.”
Palm Beach Newspapers, Inc. v. Doe (1984)
“Petitioner argues, as it argued below, that the term "grand jury proceeding" is synonymous with "grand jury session" as defined in Section 905.17 Florida Statutes. [1] Therefore, petitioner concludes that since the grand jury was not in session, the in camera hearing could not…”
— 905.17(1) — 5 cases
Miller v. State (2010)
“See § 905.17(1), Fla. Stat. (2005). [5] The State presents witnesses and evidence, whereas the defendant is not afforded that opportunity.”
Report of Supreme Court Workgroup on Public Records (2002)
“These records are normally kept in a sealed container and are not subject to public inspection pursuant to Section 905.17(1), Florida Statutes. A Court order must be obtained for disposition.”
In Re Getty (1983)
“Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those present during grand jury sessions, section 27.”
State v. Knight (1995)
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