The 2024 Florida Statutes
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. . . . §§ 905.17, 905.28(1), Fla. Stat. . . .
. . . At issue in this case is the application of section 905.28(1), Florida Statutes (2012), which provides . . . Marko, 352 So.2d 518 (Fla.1977), provides important insight into how courts should apply section 905.28 . . . Section 905.28 provides individuals who “may be exposed to criticism, scorn, or recommendations unfavorable . . . Sturgis, 453 So.2d 1179, 1182 (Fla. 5th DCA 1984) (“Section 905.28 ... does not authorize or legitimize . . . Freeport School Project, necessity is not a precise way to describe the inquiry required by section 905.28 . . .
. . . On 9Q5§§ 905.17, 905.28(1), Fla. Stat. . . .
. . . Appellant filed a motion in the trial court under section 905.28(1), Florida Statutes (2006), to expunge . . . Term 1995, 689 So.2d 1182 (Fla. 4th DCA 1997), Judge Gross explained the general purpose of section 905.28 . . . (1): Under section 905.28(1), where a grand jury report relating to an individual is not accompanied . . .
. . . Section 905.28(1), Florida Statutes, provides: A report or presentment of the grand jury relating to . . . In support of the order’s conclusions that Republic lacks standing, the state argues that section 905.28 . . . Section 905.28(1) was enacted to protect those “whose character is impugned in a [grand jury] report . . . See id. at 520-21 (explaining that section 905.28 was “undoubtedly” enacted because, “while one charged . . . Section 905.28(1) provides the essential ‘notice and an opportunity to be heard.’ ” In re Grand Jury, . . .
. . . Appellant timely appeals the partial denial of a motion brought under section 905.28(1), Florida Statutes . . . Appellant’s section 905.28(1) motion was directed at this portion of the report. . . . Under section 905.28(1), where a grand jury presentment relating to an individual is not accompanied . . . Something is “unlawful” within the meaning of section 905.28(1) if it is “outside the lawful ambit of . . . A matter is “improper” under section 905.28(1) if it is (1) not “germane to the scope of the proceedings . . .
. . . See § 905.28, Fla. Stat. (2001). . . .
. . . The remainder of the report is not “improper or unlawful” within the meaning of section 905.28(1), Florida . . . Pursuant to section 905.28, Officer Barber filed a motion to repress or expunge the following portions . . . Under section 905.28(1), where a grand jury report relating to an individual is not accompanied by a . . . As used in section 905.28(1) “unlawful” means outside the lawful ambit of the grand jury’s authority. . . . The grand jury’s conclusion was “proper” within the meaning of section 905.28(1). . . .
. . . This is an appeal from the partial denial of a motion brought under Section 905.28(1), Florida Statutes . . . accompanies the grand jury report, no opportunity was furnished such person before the enactment of section 905.28 . . . potential for abuse of the grand jury system was precisely the reason why the legislature adopted section 905.28 . . . Project) Winter Term 1988, 544 So.2d 1104, 1107 (Fla. 1st DCA) (“[section 905.28] was designed to constitute . . . Section 905.28(1) provides: No report or presentment of the grand juiy relating to an individual which . . .
. . . whom it had received testimony to obviate the necessity to seal the presentment pursuant to section 905.28 . . .
. . . Authority for repression of the report of a grand jury is set forth in section 905.28, Florida Statutes . . .
. . . This is an appeal taken pursuant to section 905.28, Florida Statutes (1987), from a trial court order . . . Section 905.28(1) provides: No report or presentment of the grand jury relating to an individual which . . . Section 905.28(1) “was not designed, in any sense to provide an appellate review of the grand jury’s . . .
. . . copy the presentment due to the following rationale: The presentment is a public record as section 905.28 . . . them had been dismissed, thereby leaving them “unindicted” for purposes of the application of section 905.28 . . . Marko, 352 So.2d 518 (Fla.1977), appellants still are not entitled to repression under section 905.28 . . . Therefore, since section 905.28 relief was not available to appellants, the trial court did not impose . . . Section 905.28(1), Florida Statutes, provides: (1) No report or presentment of the grand jury relating . . .
. . . This is an appeal from the denial of a motion brought under Section 905.28, Florida Statutes (1987), . . . Unfortunately, the presentment was prematurely published in violation of section 905.28. . . . Weintraub was necessary once the state unlawfully released the presentment in violation of section 905.28 . . . Section 905.28(1) authorizes expunction or repression of any statements contained in a presentment that . . . This is so because section 905.28 was not designed to provide an appellate review of the grand jury’s . . .
. . . LeCouris, whose actions were criticized by the Grand Jury, filed a motion as contemplated by section 905.28 . . .
. . . Respondents unsuccessfully urged below that the presentment could be repressed pursuant to section 905.28 . . . Review of the trial court’s ruling on the 905.28(1) motions is presently pending in the consolidated . . . Though section 905.28(2) provides that a section 905.28(1) motion acts as an automatic stay of public . . . pending appellate review by the district court of appeal, the trial court apparently felt that section 905.28 . . .
. . . Section 905.28, Florida Statutes (1986), authorizes a motion to repress or expunge a grand jury report . . . 352 So.2d 518 (Fla.1987), the supreme court defined “lawful” and “proper” in the context of section 905.28 . . . Section 905.28, Florida Statutes (1987). . U.S. v. Coughlan, 842 F.2d 737 (4th Cir. 1988); State v. . . .
. . . Section 905.28(1), Florida Statutes (1987), and challenges certain of the grand jury’s factual findings . . . HUD Agency, were furnished advance copies of the report in compliance with the provisions of Section 905.28 . . . II Section 905.28(1), Florida Statutes (1987) provides: “No report or presentment of the grand jury relating . . . circuit court properly concluded, this was an insufficient basis to repress the report under Section 905.28 . . .
. . . The post-presentment events and the trial court’s order implicate section 905.28(1), Florida Statutes . . . After the presentment was sealed, consistent with section 905.28, those persons mentioned in it were . . . Notwithstanding that the procedural steps provided in section 905.28(1) are ancillary to the grand jury . . . Section 905.28(1) provides the essential “notice and an opportunity to be heard.” . . . The trial court’s application of section 905.28(1) accommodates the competing constitutional concerns . . .
. . . Further, the Florida Supreme Court has held constitutional Section 905.28(1), permitting repression of . . .
. . . . § 905.28(1) (1985) to suppress the report. . . .
. . . Section 905.28(1), Florida Statutes, enacted -in 1973, provides: No report or presentment of the grand . . . Marko, 352 So.2d 518 (Fla.1977), the supreme court construed section 905.28(1), Florida Statutes. . . . Section 905.28, Florida Statutes, does not authorize or legitimatize a grand jury making an unfair commentary . . .
. . . Marko, 352 So.2d 518 (Fla.1977); Sec. 905.28(1), Fla.Stat. (1981). . . .
. . . Appellant seeks to repress the entire Presentment under Section 905.28, Fla.Stat. (1977). . . . Section 905.28(1) provides that a Grand Jury Presentment relating to an individual which is not accompanied . . .
. . . subject to expungement as its public release under these circumstances constitutes a violation of Section 905.28 . . . This appeal follows which we have jurisdiction to entertain. § 905.28(2), Fla.Stat. (1977). . . . II The controlling statute in this case is Section 905.28, Florida Statutes (1977), which provides as . . . follows: “905.28 PUBLICATION OF REPORT OR PRESENTMENT: MOTION TO REPRESS. (1) No report or presentment . . . We are not authorized to completely ignore the statutory scheme of Section 905.28, Florida Statutes ( . . .
. . . This appeal is taken pursuant to Section 905.28(1), Florida Statutes (1977), from an order entered by . . .
. . . entered by the Broward County Circuit Court which initially and directly upheld the validity of Section 905.28 . . . Acting under Section 905.28(1), each patrolman timely filed a motion to repress certain portions of the . . . these reasons, the order of the trial court is affirmed insofar as it upheld the validity of Section 905.28 . . . Although subsection 905.28(2) expressly directs review of circuit court rulings under this statute in . . .
. . . (Emphasis supplied) On the other hand, Section 905.28(1), Florida Statutes (1975), provides in pertinent . . . It is clear from the statutory scheme of Sections 905.24 through 905.28, Florida Statutes (1975), that . . . other evidence received by it (Section 905.27); and publication of the report or presentment (Section 905.28 . . . Section 905.28, Florida Statutes (1975), forbids disclosure of presentments critical of unindicted persons . . .