Florida Statute 905.27 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 905.27

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-10T00:53:00-07:00

Snippet: remand for an analysis under section 905.27. • Section 905.27 “There is a tradition in the …to disclose . . . .” § 905.27(1), Fla. Stat. (2019). Although section 905.27 addresses grand jury …referencing section 905.27, Florida Statutes). This Court has agreed that section 905.27 governs the release…should be reversed for three reasons: (1) section 905.27, Florida Statutes (2019), provides a private right…disclosure of the grand jury materials under section 905.27, Florida Statutes (2019). Both defendants moved

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-15T00:53:00-07:00

Snippet: opines that sections 905.27 and 905.395 are inconsistent, and therefore section 905.27 does not apply in …county grand jury case which interpreted section 905.27, Florida Statutes, governing disclosure of county…jury proceedings. See id. at 1183–85; see also § 905.27, Fla. Stat. (2018). Statewide grand jury proceedings…disclosure of county grand jury proceedings (section 905.27), the statute governing disclosure of statewide… the grand jury “proceedings,” it omits section 905.27’s proscription against a “grand juror” disclosing

PAM HATFIELD v. NORTH BROWARD HOSPITAL DISTRICT

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00

Snippet: contends that, because she is prevented by section 905.27, Florida Statutes (2017), from disclosing her grand…proceedings, and the grand jury statute, section 905.27 cannot be used to create an exception that is contrary

State of Florida v. Kevin Pratt

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-01T00:00:00-07:00

Citation: 169 So. 3d 252

Snippet: (2014), but exceptions apply. See § 905.27, Fla. Stat. (2014). The State argued that defendant…court found a sufficient predicate under section 905.27, the State argued that the trial court should examine

Darious Wilcox v. State of Florida

Court: Fla. | Date Filed: 2014-07-10T00:53:00-07:00

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

Wilcox v. State

Court: Fla. | Date Filed: 2014-05-08T00:00:00-07:00

Citation: 143 So. 3d 359

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

State v. Womack

Court: Fla. Dist. Ct. App. | Date Filed: 2013-11-27T00:00:00-08:00

Citation: 127 So. 3d 839

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

Gosciminski v. State

Court: Fla. | Date Filed: 2013-09-12T00:00:00-07:00

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

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

Murray v. State

Court: Fla. | Date Filed: 2009-01-30T00:00:00-08:00

Citation: 3 So. 3d 1108

Snippet: not granting this request. We disagree. Section 905.27, Florida Statutes, permits limited disclosure of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-02-24T23:53:00-08:00

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

Barber v. INTERIM REPORT OF GRAND JURY

Court: Fla. Dist. Ct. App. | Date Filed: 1997-03-11T23:53:00-08:00

Citation: 689 So. 2d 1182

Snippet: testimony of specific witnesses as violative of section 905.27, Florida Statutes (1995). The trial court denied…substance of their actual testimony violates section 905.27, Florida Statutes (1995).[3] Section 905.24, Florida…Pleas, 659 So.2d 700 (Fla. 1st DCA 1995). Section 905.27 unambiguously declares that a grand juror shall…within one of these statutory exceptions. Section 905.27(2) bars the communication of the gist of a witness…disclose grand jury testimony in violation of section 905.27, they are subject to expunction under section 905.28

State v. Knight

Court: Fla. Dist. Ct. App. | Date Filed: 1995-10-05T00:00:00-07:00

Citation: 661 So. 2d 344

Snippet: several statutes including section 905.27. The substance of section 905.27 remained the same after the 1994…review of a trial court order declaring section 905.27, Florida Statutes (Supp.1994), unconstitutional…that the October 1,1994 re-enactment of section 905.27 was unconstitutional.1 The trial court agreed with…with Knight and declared the re-enacted section 905.27 unconstitutional because it faded to include a …public necessity justifying the exemption.” Section 905.27 permits disclosure of the substance of testimony

State v. Pleas

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-15T00:53:00-07:00

Citation: 659 So. 2d 700

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

Grand Jury Fall Term v. City of St. Petersburg

Court: Fla. Dist. Ct. App. | Date Filed: 1993-08-13T00:00:00-07:00

Citation: 624 So. 2d 291

Snippet: 1991). The City filed a motion pursuant to section 905.27(1)(c), Florida Statutes (1991)1 to permit transcription…and chal*293lenged the applicability of section 905.27 to the City’s claimed reasons for seeking disclosure…FRANK, C.J., and PATTERSON, J., concur. . Section 905.27(1) establishes the criteria governing disclosure…guilty of perjury; or (c) Furthering justice. § 905.27(1), Fla.Stat. (1991). No. 92-03335 District

State v. Meeks

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-15T00:00:00-08:00

Citation: 610 So. 2d 647

Snippet: for the purpose of furthering justice. Section 905.27, Florida Statutes (1991), provides in part as follows

Thompson v. State

Court: Fla. | Date Filed: 1990-06-14T00:00:00-07:00

Citation: 565 So. 2d 1311

Snippet: the grand jury proceedings. Sections 905.17 and 905.27 of the Florida Statutes (1987), do not establish

Tribune Co. v. Spicola

Court: Fla. Dist. Ct. App. | Date Filed: 1989-01-27T00:00:00-08:00

Citation: 543 So. 2d 757

Snippet: the spectre of grand jury secrecy. See §§ 905.-24-905.27, Fla.Stat. (1987). Judge Spicola asserts that the

Linowitz v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-24T23:53:00-08:00

Citation: 498 So. 2d 1315

Snippet: contempt. We reject this argument. Sections 905.24 and 905.27, Florida Statutes (1985) make all testimony and…secret unless disclosure is ordered by the court, § 905.27(1). Linowitz admitted that he was familiar with

Fratello v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-22T00:53:00-07:00

Citation: 496 So. 2d 903

Snippet: the subject, and the governing statute, section 905.27, Florida Statutes (1985), permits disclosure of

James v. Wille

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-31T00:00:00-08:00

Citation: 480 So. 2d 253

Snippet: presentation to the Grand Jury. Florida Statute 905.27 specifically prohibits testimony or other relevant…showing that there is an exception to Florida Statute 905.27 disclosure that movant is aware of. 5. Personal…Accordingly, our sole, present concern is with section 905.27, Florida Statutes (1983). Subsection (1) of the… it denied his oral motion, grounded on section 905.27, to require the state to produce the testimony …court stated the pertinent law as follows: Section 905.27, supra, prohibits disclosure by certain persons