Florida Statute 905.27 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

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F.S. 905.27

905.27 Testimony not to be disclosed; exceptions.—

(1) Persons present or appearing during a grand jury proceeding, including a grand juror, a state attorney, an assistant state attorney, a reporter, a stenographer, or an interpreter, as well as the custodian of a grand jury record, may not disclose the testimony of a witness examined before the grand jury or other evidence received by it except when required by a court to disclose the testimony for the purpose of:

(a) Ascertaining whether it is consistent with the testimony given by the witness before the court;

(b) Determining whether the witness is guilty of perjury; or

(c) Furthering justice, which can encompass furthering a public interest when the disclosure is requested pursuant to paragraph (2)(c).

(2) It is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or communicate to any other person, or knowingly to cause or permit to be published, broadcast, disclosed, divulged, or communicated to any other person, in any manner whatsoever, any testimony of a witness examined before the grand jury, or the content, gist, or import thereof, except when such testimony is or has been disclosed in any of the following circumstances:

(a) When a court orders the disclosure of such testimony pursuant to subsection (1) for use in a criminal case, it may be disclosed to the prosecuting attorney of the court in which such criminal case is pending, and by the prosecuting attorney to his or her assistants, legal associates, and employees, and to the defendant and the defendant’s attorney, and by the latter to his or her legal associates and employees. However, the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the criminal case and for no other purpose.

(b) When a court orders the disclosure of such testimony pursuant to subsection (1) for use in a civil case, it may be disclosed to all parties to the case and to their attorneys and by the latter to their legal associates and employees. However, the grand jury testimony afforded such persons by the court can only be used in the defense or prosecution of the civil case and for no other purpose.

(c) When a court orders the disclosure of such testimony pursuant to subsection (1) in response to a request by the media or an interested person, regardless of whether that purpose is for use in a criminal or civil case, it may be disclosed so long as the subject of the grand jury inquiry is deceased, the grand jury inquiry related to criminal or sexual activity between the subject of the grand jury investigation and a person who was a minor at the time of the alleged criminal or sexual activity, the testimony was previously disclosed by a court order, and the state attorney is provided notice of the request. This paragraph does not limit the court’s ability to limit the disclosure of testimony, including, but not limited to, redaction.

(3) This section does not affect the attorney-client relationship. A client has the right to communicate to his or her attorney any testimony given by the client to the grand jury, any matters involving the client discussed in the client’s presence before the grand jury, and any evidence involving the client received by or proffered to the grand jury in the client’s presence.

(4) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.083, or by fine not exceeding $5,000, or both.

(5) A violation of this section constitutes criminal contempt of court.

History.—s. 106, ch. 19554, 1939; CGL 1940 Supp. 8663(106); s. 1, ch. 26940, 1951; s. 66, ch. 70-339; ss. 1, 1A, ch. 71-66; s. 1, ch. 94-285; s. 1503, ch. 97-102; s. 1, ch. 2024-7.

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Amendments to 905.27

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 905.27

Level: Degree
Misdemeanor/Felony: First/Second/Third

S905.27 - OBSTRUCTING JUSTICE - DISCLOSE TESTIMONY OF WITNESS GRAND JURY - M: F

Cases Citing Statute 905.27

Total Results: 44

Jent v. State

408 So. 2d 1024

Supreme Court of Florida | Filed: Dec 3, 1981 | Docket: 1449700

Cited 128 times | Published

grand jury testimony under the exceptions to section 905.27, Florida Statutes (1979).[4] There is no pretrial

Trafficante v. State

92 So. 2d 811

Supreme Court of Florida | Filed: Jan 23, 1957 | Docket: 1389977

Cited 61 times | Published

accordance with F.S. § 905.27, F.S.A., for production of the transcript. F.S. § 905.27, F.S.A. prohibits

Gordon v. State

104 So. 2d 524

Supreme Court of Florida | Filed: Jul 25, 1958 | Docket: 1312671

Cited 46 times | Published

court may have overlooked the full effect of Section 905.27, Florida Statutes, as amended in 1951, F.S

State v. Gillespie

227 So. 2d 550

District Court of Appeal of Florida | Filed: Oct 31, 1969 | Docket: 1390525

Cited 44 times | Published

mean to say that they are not reachable at all. § 905.27, F.S.A. permits disclosure of the testimony of

Murray v. State

3 So. 3d 1108, 34 Fla. L. Weekly Supp. 171, 2009 Fla. LEXIS 146, 2009 WL 217964

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1169294

Cited 40 times | Published

by not granting this request. We disagree. Section 905.27, Florida Statutes, permits limited disclosure

Morgan v. State

337 So. 2d 951, 1 Media L. Rep. (BNA) 2589

Supreme Court of Florida | Filed: Jul 30, 1976 | Docket: 1735024

Cited 30 times | Published

to answer elsewhere for their testimony. See Section 905.27(2), Florida Statutes (1975) ("unlawful for

Jackman v. State

140 So. 2d 627

District Court of Appeal of Florida | Filed: Apr 24, 1962 | Docket: 276649

Cited 20 times | Published

witness, Johnny Williams. The motion was grounded on § 905.27, Fla. Stat., F.S.A., and supported by the witness'

Minton v. State

113 So. 2d 361, 1959 Fla. LEXIS 1501

Supreme Court of Florida | Filed: Jun 17, 1959 | Docket: 1743737

Cited 20 times | Published

here contended by the defendant. Our statute, § 905.27, Fla. Stat. 1957, F.S.A., authorizes the disclosure

State v. Clemmons

150 So. 2d 231

Supreme Court of Florida | Filed: Feb 20, 1963 | Docket: 1452042

Cited 17 times | Published

guilty of contempt. See Section 905.17 and Section 905.27, Florida Statutes, F.S.A. The paucity of precedent

In Re Grand Jury Proceedings--Subpoena to State Attorney's Office. Thomas H. Greene, Dawson A. McQuaig Jake Godbold, Don McClure Intervenors

832 F.2d 554

Court of Appeals for the Eleventh Circuit | Filed: Dec 10, 1987 | Docket: 812315

Cited 13 times | Published

Relying on the disclosure provisions of Fla.Stat. § 905.27(l)(c) (1985), 1 the United States in

Gosciminski v. State

132 So. 3d 678, 38 Fla. L. Weekly Supp. 638, 2013 WL 5313183, 2013 Fla. LEXIS 1988

Supreme Court of Florida | Filed: Sep 12, 2013 | Docket: 60238539

Cited 12 times | Published

testimony to be submitted under seal. Under section 905.27, Florida Statutes (2009), the disclosure of

Wilcox v. State

143 So. 3d 359, 39 Fla. L. Weekly Supp. 309, 2014 WL 1809636, 2014 Fla. LEXIS 1557

Supreme Court of Florida | Filed: May 8, 2014 | Docket: 60242309

Cited 11 times | Published

defendants presented a motion in accordance with section 905.27, Florida Statutes, for production of the transcript

Wilcox v. State

143 So. 3d 359, 39 Fla. L. Weekly Supp. 309, 2014 WL 1809636, 2014 Fla. LEXIS 1557

Supreme Court of Florida | Filed: May 8, 2014 | Docket: 60242309

Cited 11 times | Published

defendants presented a motion in accordance with section 905.27, Florida Statutes, for production of the transcript

In Re Tierney

328 So. 2d 40

District Court of Appeal of Florida | Filed: Feb 27, 1976 | Docket: 1699541

Cited 10 times | Published

information relating to a possible violation of section 905.27, F.S.,[2] namely, a "leak" in its then continuing

State v. Tillett

111 So. 2d 716

District Court of Appeal of Florida | Filed: May 8, 1959 | Docket: 1427979

Cited 10 times | Published

furtherance of justice when permitted by the court. Section 905.27, Florida Statutes, F.S.A., enunciates these

Widener v. Croft

184 So. 2d 444

District Court of Appeal of Florida | Filed: Mar 30, 1966 | Docket: 1735577

Cited 9 times | Published

the witness given before the grand jury. F.S.A. § 905.27; State v. Tillett, Fla.App. 1959, 111 So.2d 716

Fratello v. State

496 So. 2d 903, 11 Fla. L. Weekly 2245

District Court of Appeal of Florida | Filed: Oct 22, 1986 | Docket: 1522822

Cited 7 times | Published

on the subject, and the governing statute, section 905.27, Florida Statutes (1985), permits disclosure

Rudd v. State Ex Rel. Christian

310 So. 2d 295

Supreme Court of Florida | Filed: Feb 10, 1975 | Docket: 1281399

Cited 7 times | Published

grand jury or on order of the court pursuant to § 905.27." Fla. Stat. § 905.19, F.S.A., provides as follows:

Michael Smith v. Robert A. Butterworth, Jr., T. Edward Austin, Jr., as State Attorney to the Charlotte County Special Grand Jury

866 F.2d 1318, 16 Media L. Rep. (BNA) 1295, 1989 U.S. App. LEXIS 2160, 1989 WL 9371

Court of Appeals for the Eleventh Circuit | Filed: Feb 27, 1989 | Docket: 817790

Cited 6 times | Published

content, gist, or import thereof.... Fla.Stat. § 905.27 (1985) (emphasis added). Any person who violates

State v. Drayton

226 So. 2d 469

District Court of Appeal of Florida | Filed: Aug 27, 1969 | Docket: 1510029

Cited 6 times | Published

Rev. 242. This point is buttressed by Fla. Stat. § 905.27, 1967, F.S.A., forbidding disclosure of a witness's

State v. McArthur

296 So. 2d 97

District Court of Appeal of Florida | Filed: Jun 14, 1974 | Docket: 1754616

Cited 5 times | Published

and the interpreter." (Emphasis added.) and F.S. 905.27, F.S.A., which provides: "905.27 Testimony not

Barber v. INTERIM REPORT OF GRAND JURY

689 So. 2d 1182, 1997 Fla. App. LEXIS 2129, 1997 WL 106448

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 1739353

Cited 4 times | Published

testimony of specific witnesses as violative of section 905.27, Florida Statutes (1995). The trial court denied

Linowitz v. State

498 So. 2d 1315, 11 Fla. L. Weekly 2464

District Court of Appeal of Florida | Filed: Nov 25, 1986 | Docket: 1335252

Cited 3 times | Published

secret unless disclosure is ordered by the court, § 905.27(1). Linowitz admitted that he was familiar with

Smith v. Butterworth

678 F. Supp. 1552, 1988 U.S. Dist. LEXIS 1189, 1988 WL 9990

District Court, M.D. Florida | Filed: Feb 2, 1988 | Docket: 1622164

Cited 2 times | Published

prohibited by Section 905.27, Florida Statutes (1985) ("the Section" or "Section 905.27") because Smith

State Ex Rel. Christian v. Rudd

302 So. 2d 821

District Court of Appeal of Florida | Filed: Nov 5, 1974 | Docket: 1758543

Cited 2 times | Published

grand jury or on order of the court pursuant to § 905.27." and Section 905.19, which provides: "Duty of

State of Florida v. Kevin Pratt

169 So. 3d 252, 2015 Fla. App. LEXIS 9975, 2015 WL 4002330

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679210

Cited 1 times | Published

(2014), but exceptions apply. See § 905.27, Fla. Stat. (2014). The State argued that defendant

State v. Womack

127 So. 3d 839, 42 Media L. Rep. (BNA) 1323, 2013 WL 6282881, 2013 Fla. App. LEXIS 19068

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236888

Cited 1 times | Published

concerns underlying grand jury proceedings. See § 905.27. Consequently, as we evaluate factual findings

State v. Pleas

659 So. 2d 700, 1995 WL 478345

District Court of Appeal of Florida | Filed: Aug 15, 1995 | Docket: 2556863

Cited 1 times | Published

respondent claims that the order was proper under section 905.27(1)(c), Florida Statutes (1993), which allows

Tallahassee Democrat, Inc. v. O'Grady

421 So. 2d 58, 1982 Fla. App. LEXIS 21561

District Court of Appeal of Florida | Filed: Nov 1, 1982 | Docket: 64592943

Cited 1 times | Published

conjunction with Section 905.27 of the Florida Statutes. A violation of this order or of Section 905.27, Florida

Morgan v. State

309 So. 2d 552

District Court of Appeal of Florida | Filed: Mar 21, 1975 | Docket: 1770717

Cited 1 times | Published

[2] This statute may be contrasted with Fla. Stat. 905.27 (1973) which specifically provides that it

State ex rel. Oldham v. Baker

226 So. 2d 21, 1969 Fla. App. LEXIS 5209

District Court of Appeal of Florida | Filed: Aug 12, 1969 | Docket: 64511175

Cited 1 times | Published

the order does not come within the provisions of § 905.27, Fla.Stat. (1967),1 F.S.A. The respondent in his

CA FLORIDA HOLDINGS, LLC, Publisher of THE PALM BEACH POST v. DAVE ARONBERG, as State Attorney of Palm Beach County, Florida

District Court of Appeal of Florida | Filed: May 10, 2023 | Docket: 66970025

Published

judgment should be reversed for three reasons: (1) section 905.27, Florida Statutes (2019), provides a private

IN RE: FINAL REPORT OF THE 20TH STATEWIDE GRAND JURY CASE 8 vs

District Court of Appeal of Florida | Filed: Jun 15, 2022 | Docket: 63385774

Published

a county grand jury case which interpreted section 905.27, Florida Statutes, governing disclosure of

PAM HATFIELD v. NORTH BROWARD HOSPITAL DISTRICT

District Court of Appeal of Florida | Filed: May 1, 2019 | Docket: 15034054

Published

contends that, because she is prevented by section 905.27, Florida Statutes (2017), from disclosing her

Darious Wilcox v. State of Florida

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400988

Published

defendants presented a motion in accordance with section 905.27, Florida Statutes, for production of the transcript

Ago

Florida Attorney General Reports | Filed: Feb 25, 1999 | Docket: 3257911

Published

order of the court pursuant to s. 905.27." Section 905.27(1), Florida Statutes, provides a limited exception

State v. Knight

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

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 64759226

Published

seeking review of a trial court order declaring section 905.27, Florida Statutes (Supp.1994), unconstitutional

Grand Jury Fall Term v. City of St. Petersburg

624 So. 2d 291, 1993 WL 309150

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 64742959

Published

(1991). The City filed a motion pursuant to section 905.27(1)(c), Florida Statutes (1991)1 to permit transcription

State v. Meeks

610 So. 2d 647, 1992 Fla. App. LEXIS 12519, 1992 WL 367335

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 64692833

Published

testimony for the purpose of furthering justice. Section 905.27, Florida Statutes (1991), provides in part

James v. Wille

480 So. 2d 253, 11 Fla. L. Weekly 93, 1985 Fla. App. LEXIS 6023

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 64616276

Published

regarding the presentation to the Grand Jury. Florida Statute 905.27 specifically prohibits testimony or other

State v. Dixon

438 So. 2d 185, 1983 Fla. App. LEXIS 21798

District Court of Appeal of Florida | Filed: Sep 23, 1983 | Docket: 64599770

Published

Rule 9-101(b). The state also contends that section 905.27(1) and (2), Florida Statutes, *186regarding

Soloman v. State

313 So. 2d 119, 1975 Fla. App. LEXIS 14898

District Court of Appeal of Florida | Filed: May 30, 1975 | Docket: 64546614

Published

counterpart deletes subsection (ii) ; See also, Section 905.27, F.S.

Della Valle v. Wheeler

209 So. 2d 250, 1968 Fla. App. LEXIS 5616

District Court of Appeal of Florida | Filed: Apr 19, 1968 | Docket: 64504852

Published

respondent pursuant to the provisions of F.S.1965, Section 905.27, F.S.A. The same order required that the court

State ex rel. Bateman v. O'Toole

203 So. 2d 527, 1967 Fla. App. LEXIS 4474

District Court of Appeal of Florida | Filed: Nov 8, 1967 | Docket: 64502754

Published

the provisions of § 905.27, but not otherwise. * * * ” (Emphasis added.) F.S.A. § 905.27 provides: “No *