The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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(xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat.(xvi) Grand jury records. Ch. 905 §§ 905.17, 905.28(1), Fla. Stat.Lastly, Miller asserts that a constitutional implementation of our capital sentencing statute would require the indictment to include the allegations that " sufficient aggravating circumstances exist as enumerated in subsection (5)," and that " there are insufficient mitigating circumstances to outweigh the aggravating circumstances." § 921.141(3) (emphasis supplied). This interpretation elevates form over substance in contradiction to the nature of the grand jury. If this express statutory language were included in an indictment, a grand jury would have to find that sufficient evidence of these allegations existed. See Fla, Std. Jury Instr. (Grand Jury) 2.1, 2.4. This is a misdirected interpretation of the capital sentencing statute. A grand jury session is an ex parte proceeding which usually does not consider both sides of an issue, fee Fla. Std. Jury Inst. (Grand Jury) 2.3. The function of the grand jury is to obtain evidence as to a charge of crime, by the State, and to determine whether the person so charged should be brought to trial. See id. Generally, the defendant is not even present unless testifying as a witness. See § 905.17( 1), Fla. Stat. (2005). The State… This record series consists of stenographic records, notes, and transcriptions made by the court reporter or stenographer during the grand jury session. 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 conclusion, the purpose of section 905.27 is to provide a limited exception to the public records exemption contained in section 905.17. Section 905.17 provides the general exemption from section 119.07 and thus is subject to the requirements of Article I, Section 24(c). While section 905.17 provides the general exemption for grand jury materials, section 905.27 merely encompasses an exception to the exemption contained in section 905.17. Nothing in Article I, Section 24 requires exceptions to a public record exemption to contain a public necessity statement. Thus, because section 905.27 does not provide an exemption to the public records requirement located at section 119.07, it is not subject to the requirements contained in Article I, Section 24(c). Accordingly, the trial court departed from the essential requirements of law in reaching a contrary determination and in declaring section 905.27 unconstitutional for lack of a public necessity statement.waitupon the grand jury as advisors, as examiners of witnesses, andto draw indictments. (See §§ 905.16, 905.17, 905.19, 905.22,27.02, 27.16, 27.21, 27.22, Fla. Stat.)Vagueness remains concerning the significance
prosecuting attorney cannot bepresent while the grand jury is deliberating or voting (seesection 905.17, Florida Statutes) and has no voice in thedecision of whether an indictment is found (see section
Thompson made three claims regarding the grand jury proceedings, two of which merit brief discussion. First, he contends that the trial court erred by denying his pretrial request to record the grand jury proceedings. Sections 905.17 and 905.27 of the Florida Statutes (1987), do not establish a duty to record grand jury proceedings, nor do we find any constitutional basis to impose such a duty in all cases. In re Report of the Grand Jury, 533 So.2d 873, 875 (Fla. 1st DCA 1988); accord United States v. Head, 586 F.2d 508 (5th Cir. 1978). Although recordation may be the best and most desirable practice, e.g., State v. McArthur, 296 So.2d 97, 100 (Fla. 4th DCA), cert. denied, 306 So.2d 123 (Fla. 1974); United States v. Head, 586 F.2d at 511, that choice generally is one for the legislature. We agree with McArthur that the interests of justice may require trial courts to order recordation in some instances. McArthur, 296 So.2d at 100. However, no showing was made to establish that Thompson had a particular need to preserve grand jury testimony through recording. Under these circumstances, the trial court did not abuse its discretion by denying the motion.Section 905.24, Florida Statutes (1983), provides "Grand Jury proceedings are secret. . . ." The question is whether the judge must conduct a closure hearing as contemplated by Miami Herald Publishing Co. v. Lewis, 426 So.2d 1 (Fla. 1982), before he conducts an in camera hearing concerning a matter related to a grand jury proceeding. 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. Therefore, petitioner concludes that since the grand jury was not in session, the in camera hearing could not have been a grand jury proceeding which is secret pursuant to Section 905.24. The petition also implies that the presence of the judge rendered the hearing a judicial proceeding.Section 905.17(1) provides:Appellant's second point that the indictment was defective because several assistant state attorneys simultaneously attended the grand jury during presentation of testimony was based upon the construction the District Court of Appeal, First District, placed upon §§ 905.17 and 905.19, F.S. in State ex rel. Christian v. Rudd, Fla.App. 1974, 302 So.2d 821. However, the Supreme Court rejected that interpretation of §§ 905.17 and 905.19, F.S. 1973, and held that said sections authorized the presence of more than one qualified assistant state attorney to be present at grand jury sessions. Rudd v. State ex rel. Christian, Fla. 1975, 310 So.2d 295, opinion filed February 10, 1975. Thus, it appears appellant's second point is ill-founded.. . . . §§ 905.17, 905.28(1), Fla. Stat. . . .
. . . On 9Q5§§ 905.17, 905.28(1), Fla. Stat. . . .
. . . are normally kept in a sealed container and are not subject to public inspection pursuant to Section 905.17 . . .
. . . a public records exemption for grand jury testimony; such an exemption is contained within section 905.17 . . . Section 905.17(1) provides: The notes, records, and transcriptions [of the grand jury] are confidential . . . More importantly, in re-enacting section 905.17, the legislature did set forth a statement of public . . . Section 905.17 provides the general exemption from section 119.07 and thus is subject to the requirements . . . an exception to the exemption contained in section 905.17.Nothing in Article I, Section 24 requires . . .
. . . (See §§ 905.16, 905.17, 905.19, 905.22, 27.-02, 27.16, 27.21, & 27.22, Fla.Stat.) . . . prosecuting attorney cannot be present while the grand jury is deliberating or voting (see section 905.17 . . .
. . . Sections 905.17 and 905.-27 of the Florida Statutes (1987), do not establish a duty to record grand jury . . .
. . . that the term “grand jury proceeding” is synonymous with “grand jury session” as defined in Section 905.17 . . .
. . . The costs of these proceedings in the amount of $905.17 are assessed against the respondent. . . .
. . . Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those present during . . . Section 905.17(1) provides: No person shall be present at the sessions of the grand jury except the witness . . .
. . . testimony was based upon the construction the District Court of Appeal, First District, placed upon §§ 905.17 . . . However, the Supreme Court rejected that interpretation of §§ 905.17 and 905.19, F.S.1973, and held that . . .
. . . . §§ 905.17 and 905.-19, F.S.A. . . . Fla.Stat. § 905.17(1), F.S.A., provides as follows: “No person shall be present at the sessions of the . . . Florida Statute 905.17(1) is specific as to who may be present at sessions of the Grand Jury and the . . . grand jurors legal advice regarding the offense lodged against the appellant contrary to F.S.A. §§ 905.17 . . .
. . . persons actually conducted the interrogation of Petitioner before the Grand Jury in violation of F.S. 905.17 . . . The court, in its opinion, found the above procedure not violative of Florida Statutes 905.17 and 905.19 . . . subsequently amended by the 1970 Florida Legislature, in pertinent part as follows: Florida Statute 905.17 . . . Florida Statute 905.17 (1970-1974) “No person shall be present at the sessions of the grand jury except . . . attorney shall attend * * In view of the foregoing legislative amendments, a finding that Sections 905.17 . . .
. . . The defendant relies upon F.S.‘905.17, F.S.A., which provides: “905.17 Who may be present during session . . . F.S. 905.17, F.S.A., refers to who may be present tat grand jury sessions — rather than who must. . . . If there is to be a change in what we conceive to be the clear provisions of F.S. 905.17 and 905.27, . . .
. . . F.S.A. 905.17. . . . law was amended in 1951 by Chapter 26584, Laws of Florida, which today is known as Florida Statute 905.17 . . . The particular language of F.S. 905.17 is not clear and apparently no Florida court has specifically . . . complete record of the grand jury proceedings could be made and filed with the clerk as provided by F.S. 905.17 . . .
. . . Recently, in construing Section 905.17, Florida Statutes, F.S.A., which provides that a grand juror failing . . . State, Fla.App. 1968, 217 So.2d 591, concluded: “* * * Section 905.17 provides only that violators may . . .
. . . The court further found that this violation of the statutes (See Section 905.17 Fla.Stat., F.S.A.) rendered . . .
. . . would be entitled to the presence of counsel before these hearings which would be contrary to Section 905.17 . . .
. . . Section 905.17, F.S.A.1965, and sentencing him to three days imprisonment. . . . Pinter’s presence inside the grand jury session was expressly contrary to Section 905.17, the applicable . . . to show cause why he should not be adjudged in contempt for, “ * * * [Violation of Florida Statute 905.17 . . . and the proceedings generally that the trial court erroneously concluded that the terms of Section 905.17 . . . Thus, Section 905.17 provides only that violators may be found in contempt; it does not constitute a . . .
. . . persons might be in contempt of the Circuit Court of the Eighteenth Judicial Circuit under Section 905.17 . . . October 17 might be the basis of a charge of criminal contempt against one or more persons under Section 905.17 . . .
. . . . § 905.17 provides: “ * * * The stenographic records, notes or any transcript thereof made by the court . . . F.S.A. § 905.17 was not in existence at the time of the decision which was posited on the theory that . . .
. . . clearly no analogy between such inquests before a prosecutor and before a grand jury, citing Sections 905.17 . . .
. . . . §§ 905.17 and 905.19. . . . To give effect to the evident legislative intent in construing F.S.A. §§ 905.17 and 905.19 we construe . . . The legislature in promulgating F.S.A. §§ 905.17 and 905.19 similarly imposed official duties upon prosecuting . . . F.S.A. § 905.17 “Who may be present during sessions of grand jury. . . .
. . . (See sec’s 905.16, 905.17, 905.19, 905.22, 27.02, 27.16, 27.21 & 27.22 FS.) . . . the prosecuting attorney cannot be present while the grand jury is deliberating or voting (see sec. 905.17 . . .
. . . clearly no analogy between such inquests before a prosecutor and before a grand jury citing Sections 905.17 . . .
. . . See Section 905.17 and Section 905.27, Florida Statutes, F.S.A. . . .
. . . . § 905.17, F.S.A. provides in part that transcriptions of testimony before a grand jury “shall be opened . . .