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Florida Statute 905.27 | Lawyer Caselaw & Research
F.S. 905.27 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 905
GRAND JURY
View Entire Chapter
F.S. 905.27
905.27 Testimony not to be disclosed; exceptions.
(1) A grand juror, state attorney, assistant state attorney, reporter, stenographer, interpreter, or any other person appearing before the grand jury shall 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.
(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 a court proceeding. 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. When such disclosure is ordered by a court 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 or criminal case and for no other purpose whatsoever.
(3) Nothing in this section shall affect the attorney-client relationship. A client shall have 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) Persons convicted of violating this section shall be guilty of 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 shall constitute 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.

F.S. 905.27 on Google Scholar

F.S. 905.27 on Casetext

Amendments to 905.27


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



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. PRATT,, 169 So. 3d 252 (Fla. Dist. Ct. App. 2015)

. . . See § 905.27, Fla. Stat. (2014). . . . Alternatively, if the trial court found a sufficient predicate under section 905.27, the State argued . . .

WILCOX, v. STATE, 143 So. 3d 359 (Fla. 2014)

. . . Prior to the trial, the defendants presented a motion in accordance with section 905.27, Florida Statutes . . .

STATE v. WOMACK,, 127 So. 3d 839 (Fla. Dist. Ct. App. 2013)

. . . See § 905.27. . . .

GOSCIMINSKI, v. STATE, 132 So. 3d 678 (Fla. 2013)

. . . Under section 905.27, Florida Statutes (2009), the disclosure of grand jury testimony is not permitted . . .

MURRAY, v. STATE, 3 So. 3d 1108 (Fla. 2009)

. . . Section 905.27, Florida Statutes, permits limited disclosure of grand jury evidence for (1) determining . . .

BARBER, v. INTERIM REPORT OF THE GRAND JURY SPRING TERM, 689 So. 2d 1182 (Fla. Dist. Ct. App. 1997)

. . . and 2) the portions of the report referencing testimony of specific witnesses as violative of section 905.27 . . . Section 905.27 unambiguously declares that a grand juror shall not disclose a witness’ grand jury testimony . . . Section 905.27(2) bars the communication of the gist of a witness’ grand jury testimony to anyone “in . . . Because portions of the grand jury report disclose grand jury testimony in violation of section 905.27 . . . In pertinent part section 905.27 provides: (1) A grand juror, state attorney, assistant state attorney . . .

STATE v. KNIGHT,, 661 So. 2d 344 (Fla. Dist. Ct. App. 1995)

. . . has filed a petition for writ of certiorari seeking review of a trial court order declaring section 905.27 . . . The trial court agreed with Knight and declared the re-enacted section 905.27 unconstitutional because . . . Section 905.27 permits disclosure of the substance of testimony heard before a grand jury if ordered . . . That same day, the legislature re-enacted several statutes including section 905.27. . . . The substance of section 905.27 remained the same after the 1994 re-enactment. . . . .

STATE v. PLEAS,, 659 So. 2d 700 (Fla. Dist. Ct. App. 1995)

. . . Although respondent claims that the order was proper under section 905.27(l)(c), Florida Statutes (1993 . . .

GRAND JURY FALL TERM, A. D. v. CITY OF ST. PETERSBURG, FLORIDA,, 624 So. 2d 291 (Fla. Dist. Ct. App. 1993)

. . . The City filed a motion pursuant to section 905.27(1)(c), Florida Statutes (1991) to permit transcription . . . The State Attorney filed objections to the City’s motion and challenged the applicability of section 905.27 . . . Section 905.27(1) establishes the criteria governing disclosure of grand jury proceedings and provides . . . before the court; (b) Determining whether the witness is guilty of perjury; or (c) Furthering justice. § 905.27 . . .

Y. LIND, v. G. GRIMMER, K. C. F. Y. M. K., 859 F. Supp. 1317 (D. Haw. 1993)

. . . . § 905.27, provided in pertinent part that: (1) A grand juror ... or any other person appearing before . . .

STATE v. MEEKS,, 610 So. 2d 647 (Fla. Dist. Ct. App. 1992)

. . . Section 905.27, Florida Statutes (1991), provides in part as follows: (1) [A]ny ... person appearing . . .

BUTTERWORTH, ATTORNEY GENERAL OF FLORIDA, v. SMITH, 494 U.S. 624 (U.S. 1990)

. . . . §905.27. . . . Section 905.27 provides in pertinent part: “(1) A grand juror ... or any other person appearing before . . . Stat. §905.27 (1989). . . . in the United States District Court for the Middle District of Florida, seeking a declaration that §905.27 . . . The entire text of § 905.27 provides as follows: “905.27. . . .

In SUNRISE SECURITIES LITIGATION., 130 F.R.D. 560 (E.D. Pa. 1989)

. . . . § 905.27, the Florida statutory equivalent of Rule 6(e)(2). . . . Unlike Rule 6(e)(2), § 905.27 imposes an obligation of secrecy on witnesses and “any other person appearing . . . 554 (11th Cir.), reh. denied 835 F.2d 291 (1987), the Court nevertheless declined to derive from § 905.27 . . . 11th Cir.), cert. granted, — U.S. —, 110 S.Ct. 46, 107 L.Ed.2d 16 (1989), the Court declared that § 905.27 . . .

SMITH, v. A. BUTTERWORTH, Jr. T. Jr., 866 F.2d 1318 (11th Cir. 1989)

. . . Smith testified, Austin’s staff warned him that any disclosure of his testimony would violate chapter 905.27 . . . Fla.Stat. § 905.27 (1985) (emphasis added). . . . A violation also constitutes criminal contempt. § 905.27(5). . . . Appellant argues that section 905.27 is unconstitutionally overbroad, in that it prohibits any person . . . We thus conclude that section 905.27 is unconstitutional insofar as it applies to witnesses who speak . . .

In GRAND JURY INVESTIGATION SPRING TERM TRIBUNE COMPANY, v. W. SPICOLA,, 543 So. 2d 757 (Fla. Dist. Ct. App. 1989)

. . . .-24-905.27, Fla.Stat. (1987). . . .

SMITH, v. A. BUTTERWORTH, Jr. T. Jr., 678 F. Supp. 1552 (M.D. Fla. 1988)

. . . Any report or book would necessarily contain revelations prohibited by Section 905.27, Florida Statutes . . . (1985) (“the Section” or “Section 905.27”) because Smith intends to base his account, in part, upon . . . the questions addressed to him or his answers, he will be criminally prosecuted pursuant to Section 905.27 . . . action seeking declaratory and injunctive relief in order to acquire this Court’s judgment that Section 905.27 . . . demonstrate a compelling governmental interest in non-disclosure by grand jury witnesses, or that the Section 905.27 . . .

In GRAND JURY PROCEEDINGS- s H. A., 832 F.2d 554 (11th Cir. 1987)

. . . . § 905.27(l)(c) (1985), the United States in August 1985 petitioned a state judge to order the State . . . McQuaig was advised by the State Attorney that pursuant to Section 905.27, Fla.Stat. (1985): a) none . . . that “testimony was provided with the understanding on the part of Jake Godbold that pursuant to § 905.27 . . . Fla.Stat. § 905.27 (1985). . . . Florida case law directly construing section 905.27 fails to provide a contrary interpretation of the . . .

N. LINOWITZ, v. STATE, 498 So. 2d 1315 (Fla. Dist. Ct. App. 1986)

. . . Sections 905.24 and 905.27, Florida Statutes (1985) make all testimony and proceedings before the grand . . .

FRATELLO, v. STATE, 496 So. 2d 903 (Fla. Dist. Ct. App. 1986)

. . . proceedings is not absolute; there is Florida case law on the subject, and the governing statute, section 905.27 . . .

JAMES, Jr. v. P. WILLE,, 480 So. 2d 253 (Fla. Dist. Ct. App. 1985)

. . . Florida Statute 905.27 specifically prohibits testimony or other relevant evidence received by the Grand . . . There has been no showing that there is an exception to Florida Statute 905.27 disclosure that movant . . . Accordingly, our sole, present concern is with section 905.27, Florida Statutes (1983). . . . appellant Jackman contended the trial court erred when it denied his oral motion, grounded on section 905.27 . . . The Jackman appellate court stated the pertinent law as follows: Section 905.27, supra, prohibits disclosure . . .

STATE v. DIXON,, 438 So. 2d 185 (Fla. Dist. Ct. App. 1983)

. . . The state also contends that section 905.27(1) and (2), Florida Statutes, regarding disclosure of grand . . . Cannel-la’s possible presence during the grand jury proceedings may result in the violation of section 905.27 . . .

In GETTY, 427 So. 2d 380 (Fla. Dist. Ct. App. 1983)

. . . 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 . . .

TALLAHASSEE DEMOCRAT, INC. v. O GRADY,, 421 So. 2d 58 (Fla. Dist. Ct. App. 1982)

. . . This order is to be read with conjunction with Section 905.27 of the Florida Statutes. . . . A violation of this order or of Section 905.27, Florida Statute will constitute criminal contempt of . . . The second order does not appear to go any further than Section 905.27, Florida Statutes (1981). . . . No conduct is illegal under this order that would not be also illegal under Section 905.27. . . . and the witnesses from speaking about the testimony and merely reflects the intent and purpose of § 905.27 . . .

JENT, v. STATE, 408 So. 2d 1024 (Fla. 1981)

. . . not laid a proper predicate for disclosure of grand jury testimony under the exceptions to section 905.27 . . . Defense counsel stated that he was not alleging that they would commit perjury. . § 905.27(1), which . . .

HEALTH CARE SERVICE CORPORATION, v. A. CALIFANO, Jr. A., 466 F. Supp. 1190 (N.D. Ill. 1979)

. . . EDSF 905.27 - 2. HCSC 887.28 17.99 3. CNA (Alternate) 864.01 41.26 4. CNA 846.50 68.77 5. . . .

MORGAN, v. STATE, 337 So. 2d 951 (Fla. 1976)

. . . of testimony of any witness examined before the grand jury or other evidence received by it (Section 905.27 . . . See Section 905.27(2), Florida Statutes (1975) (“unlawful for any person knowingly to publish . . . testimony . . .

H. KRATHEN, v. STATE, 334 So. 2d 291 (Fla. Dist. Ct. App. 1976)

. . . trial court’s order adjudicating appellant guilty of indirect criminal contempt for violating sec. 905.27 . . .

In Jo TIERNEY, 328 So. 2d 40 (Fla. Dist. Ct. App. 1976)

. . . grand jury on April 15, 1975, which was seeking information relating to a possible violation of section 905.27 . . . the grand jury function and hence were directly relevant and material to a possible violation of sec. 905.27 . . . Sec. 905.27, F.S., makes it unlawful to disclose grand jury testimony with certain exceptions and provides . . .

SOLOMAN, v. STATE, 313 So. 2d 119 (Fla. Dist. Ct. App. 1975)

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

In CASTRO, 43 Fla. Supp. 203 (Broward Cty. Cir. Ct. 1975)

. . . not consider such request, tenuous in nature, to be within the boundaries of or permissible under §905.27 . . .

MORGAN, v. STATE, 309 So. 2d 552 (Fla. Dist. Ct. App. 1975)

. . . Stat. 905.27 (1973) which specifically provides that it shall constitute a misdemeanor to disclose testimony . . . Stat. 905.27. . . .

A. RUDD C. v. STATE T. CHRISTIAN,, 310 So. 2d 295 (Fla. 1975)

. . . clerk only on request by a grand jury for use by the grand jury or on order of the court pursuant to § 905.27 . . .

STATE T. CHRISTIAN, v. A. RUDD C., 302 So. 2d 821 (Fla. Dist. Ct. App. 1974)

. . . clerk only on request by a grand jury for use by the grand jury or on order of the court pursuant to § 905.27 . . . (F.S. 905.24-905.27) Only three exceptions to this requirement are mentioned in the Florida Statutes. . . . (F.S. 905.27(1) (a), (b), (c)) Any other disclosure of Grand Jury proceedings is made unlawful and is . . .

STATE v. O. McARTHUR,, 296 So. 2d 97 (Fla. Dist. Ct. App. 1974)

. . . (Emphasis added.) and F.S. 905.27, F.S.A., which provides: “905.27 Testimony not to be disclosed : exceptions . . . F.S. 905.27, F.S.A., only provides exceptions to the secrecy rule of F.S. 905.24 (1971), F. . . . If there is to be a change in what we conceive to be the clear provisions of F.S. 905.17 and 905.27, . . .

STATE OF FLORIDA v. KYLES STATE OF FLORIDA v. LEWIS, 5 Fla. Supp. 2d 75 (Fla. Cir. Ct. 1974)

. . . Section 905.27 Florida Statutes provides as follows: “(1) A grand juror, state attorney, assistant state . . .

v., 39 Fla. Supp. 189 (Okeechobee Cty. Cir. Ct. 1973)

. . . only on request by a grand jury for use by the grand jury or on order of the court pursuant to section 905.27 . . . Florida Statute 905.27(1) provides that the court may require disclosure of the testimony of a witness . . . This right is also recognized by F.S. 905.27. . . .

STATE v. GILLESPIE,, 227 So. 2d 550 (Fla. Dist. Ct. App. 1969)

. . . . § 905.27, F. . . .

STATE v. DRAYTON,, 226 So. 2d 469 (Fla. Dist. Ct. App. 1969)

. . . . § 905.27, 1967, F.S.A., forbidding disclosure of a witness’s testimony or other evidence except when . . .

STATE G. OLDHAM, Jr. v. BAKER, In, 226 So. 2d 21 (Fla. Dist. Ct. App. 1969)

. . . such an order, and that therefore the purpose of the order does not come within the provisions of § 905.27 . . .

A. GONZALEZ, v. STATE, 220 So. 2d 393 (Fla. Dist. Ct. App. 1969)

. . . . §§ 905.17; 905.24; 905.27, F.S.A. . . .

DELLA VALLE, v. WHEELER,, 209 So. 2d 250 (Fla. Dist. Ct. App. 1968)

. . . jury, which notebooks were being held by respondent pursuant to the provisions of F.S.1965, Section 905.27 . . .

STATE BATEMAN, v. J. O TOOLE,, 203 So. 2d 527 (Fla. Dist. Ct. App. 1967)

. . . released by the clerk * * * upon the order of the trial judge for use pursuant to the provisions of § 905.27 . . . F.S.A. § 905.27 provides: “No * * * court reporter * * * or any other person appearing before the grand . . . 536, the court held that the Criminal Court of Record for Polk County had authority under F.S.A. § 905.27 . . . trial court (in this case the Criminal Court of Record for Dade County) had authority under F.S.A. § 905.27 . . .

STATE F. LOWE, v. A. NELSON,, 202 So. 2d 232 (Fla. Dist. Ct. App. 1967)

. . . between such inquests before a prosecutor and before a grand jury, citing Sections 905.17, 905.24 and 905.27 . . .

GORDON, v. E. GERSTEIN,, 189 So. 2d 873 (Fla. 1966)

. . . between such inquests before a prosecutor and before a grand jury citing Sections 905.17, 905.24 and 905.27 . . .

A. B. WIDENER, III, v. R. C. CROFT, A. B. WIDENER, III, v. LOGIO, A. B. WIDENER, III, v. CARROLL, A. B. WIDENER, III, v. WHEELER,, 184 So. 2d 444 (Fla. Dist. Ct. App. 1966)

. . . . § 905.27; State v. Tillett, Fla.App.1959, 111 So.2d 716. . . .

STATE v. CLEMMONS, 150 So. 2d 231 (Fla. 1963)

. . . See Section 905.17 and Section 905.27, Florida Statutes, F.S.A. . . .

L. JACKMAN, v. STATE F. WATKIN, v. STATE, 140 So. 2d 627 (Fla. Dist. Ct. App. 1962)

. . . The motion was grounded on § 905.27, Fla.Stat., F.S.A., and supported by the witness’ admission on cross . . . Section 905.27, supra, prohibits disclosure by certain persons of testimony given before a grand jury . . .

A. M. MINTON, v. STATE, 113 So. 2d 361 (Fla. 1959)

. . . Our statute, § 905.27, Fla.Stat. 1957, F.S.A., authorizes the disclosure of grand jury testimony of a . . . materiality of the testimony of the State Witness George Thomas had been made known to him, under Section 905.27 . . . Under our statute, § 905.27, supra, and the previous decisions of this court, it is settled that, when . . .

STATE v. D. TILLETT, Jr., 111 So. 2d 716 (Fla. Dist. Ct. App. 1959)

. . . Section 905.27, Florida Statutes, F.S.A., enunciates these allowable purposes : “905.27 Testimony not . . . revealed when it becomes material to the administration of justice, the same as does the quoted section 905.27 . . . In applying this principle to support his position, appellee cites, in the main, section 905.27, Florida . . . The authorities thus cited are in accord with section 905.27 and with the case of State ex rel. . . .

H. P. GORDON, E. L. v. STATE, 104 So. 2d 524 (Fla. 1958)

. . . testimony of the grand jury we think perhaps the court may have overlooked the full effect of Section 905.27 . . . Here again it should be observed that Section 905.27, Florida Statutes, F.S.A., gives special treatment . . .

TRAFFICANTE, Jr. v. STATE, 92 So. 2d 811 (Fla. 1957)

. . . . § 905.27, F. S.A., for production of the transcript. F. . . . . § 905.27, F.S.A. prohibits disclosure by certain persons of testimony given before a grand jury “except . . . and released by the clerk upon the order of the trial judge for use pursuant to the provisions of § 905.27 . . .