Florida Statutes

Fla. Stat. § 905.19 (2025)

Duty of state attorney.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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905.19 Duty of state attorney.—The state attorney or an assistant state attorney shall attend sessions of the grand jury to examine witnesses and give legal advice about any matter cognizable by the grand jury. The state attorney may designate one or more assistant state attorneys to accompany and assist the state attorney in the performance of her or his duties, or the state attorney may designate one or more assistant state attorneys to attend sessions, examine witnesses, and give legal advice to the grand jury. The state attorney or an assistant state attorney shall draft indictments.

History.—s. 98, ch. 19554, 1939; CGL 1940 Supp. 8663(98); s. 57, ch. 70-339; s. 3, ch. 74-627; s. 1499, ch. 97-102.

Notes of Decisions

Cited in 5 cases, 1967–2010 · leading case: Miller v. State, 42 So. 3d 204 (Fla. 2010).

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Miller v. State, 42 So. 3d 204 (Fla. 2010). · cites it 4× “See § 905.19, Fla. Stat. (2005). Given that the defendant is not present or represented by counsel during the grand jury proceeding, Miller's contention would require the State to present evidence that there are insufficient mitigating circumstances.”

Dotty v. State, 197 So. 2d 315 (Fla. 4th DCA 1967). · cites it 4× “Appellant contends that the word attorney is in the singular and not plural and also proffers for determination F.S.A. § 905.19 under the heading "Duty of prosecuting attorney".”

Rudd v. State Ex Rel. Christian, 310 So. 2d 295 (Fla. 1975). · cites it 2× “" Fla. Stat. § 905.19 , F.S.A., provides as follows: "The state attorney or an assistant state attorney shall attend sessions of the grand jury to examine witnesses and give legal advice about any matter cognizable by the grand jury.”

State Ex Rel. Christian v. Rudd, 302 So. 2d 821 (Fla. 1st DCA 1974). · cites it 2× “17(1) and F.S. 905.19. Those Motions were denied by the trial judge.”

State v. Hillman, 390 So. 2d 814 (Fla. 3d DCA 1980). · cites it 4× “§ 905.19, Fla.Stat. (1979). . The state attorney is expressly authorized to designate an assistant state attorney to attend sessions, examine witnesses, and give legal advice to a grand jury.”

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.