Florida Statute 905.17 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

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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.

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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

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Supreme Court of Florida | Date Filed: 2015-01-22

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

Snippet: 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: Supreme Court of Florida | Date Filed: 2013-03-28

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: Supreme Court of Florida | Date Filed: 2010-06-03

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: Supreme Court of Florida | Date Filed: 2002-09-12

Citation: 825 So. 2d 889, 2002 WL 351500

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-02-25

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

State v. Knight

Court: District Court of Appeal of Florida | Date Filed: 1995-10-05

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

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

Court: Supreme Court of Florida | Date Filed: 1992-09-24

Citation: 606 So. 2d 227, 1992 WL 246494

Snippet: witnesses, and to draw indictments. (See §§ 905.16, 905.17, 905.19, 905.22, 27.02, 27.16, 27.21, & 27.22,

Thompson v. State

Court: Supreme Court of Florida | Date Filed: 1990-06-14

Citation: 565 So. 2d 1311, 1990 WL 82924

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: District Court of Appeal of Florida | Date Filed: 1984-11-14

Citation: 460 So. 2d 406

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

Florida Bar v. Hawkins

Court: Supreme Court of Florida | Date Filed: 1984-05-10

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: District Court of Appeal of Florida | Date Filed: 1983-03-09

Citation: 427 So. 2d 380

Snippet: enforcement officer. Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those present

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-10-08

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

Wheeler v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-04-25

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.

Rudd v. State Ex Rel. Christian

Court: Supreme Court of Florida | Date Filed: 1975-02-10

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

State Ex Rel. Christian v. Rudd

Court: District Court of Appeal of Florida | Date Filed: 1974-11-05

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

State v. McArthur

Court: District Court of Appeal of Florida | Date Filed: 1974-06-14

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

Spencer v. Spencer

Court: District Court of Appeal of Florida | Date Filed: 1970-11-06

Citation: 242 So. 2d 786

Snippet: not mandatory. Recently, in construing Section 905.17, Florida Statutes, F.S.A., which provides that

State v. Gartenmayer

Court: District Court of Appeal of Florida | Date Filed: 1970-09-15

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: District Court of Appeal of Florida | Date Filed: 1969-03-04

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,

Harper v. State

Court: District Court of Appeal of Florida | Date Filed: 1968-11-26

Citation: 217 So. 2d 591

Snippet: guilty of criminal contempt pursuant to F.S. Section 905.17, F.S.A. 1965, and sentencing him to three days