The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

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F.S. 905.28

905.28 Publication of report or presentment; motion to repress.—

(1) A report or presentment of the grand jury relating to an individual which is not accompanied by a true bill or indictment is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and shall not be made public or be published until the individual concerned has been furnished a copy thereof and given 15 days to file with the circuit court a motion to repress or expunge the report or that portion which is improper and unlawful.

(2) Any such motion, whether granted or denied, shall automatically act as a stay of public announcement of such report, or portion thereof, until the circuit court’s ruling on the motion is either affirmed or denied by the district court of appeal or, if no appeal is taken, until expiration of the period within which an appeal could have been taken.

History.—s. 1, ch. 73-132; s. 1, ch. 73-194; s. 1, ch. 77-174; s. 3, ch. 94-74; s. 435, ch. 96-406.

F.S. 905.28 on Google Scholar

F.S. 905.28 on Casetext

Amendments to 905.28

Arrestable Offenses / Crimes under Fla. Stat. 905.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 905.28.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

In re Final Report of the 20th Statewide Grand Jury
343 So. 3d 584 (Fla. Dist. Ct. App. 2022)
Section 905.28 provides that a grand jury report "relating to an individual" that is not accompanied by an indictment may be repressed or expunged, in whole or in part, to the extent it is "improper and unlawful ." § 905.28(1), Fla. Stat. (2018) (emphasis added). "The question of whether statements in a presentment must be expunged, because they are unlawful or improper, is a question of law, not fact," and is subject to de novo review. State v. Womack , 127 So. 3d 839, 841 (Fla. 2d DCA 2013) (quoting In re Grand Jury Investigation of Fla. Dep't of Health & Rehab. Servs. , 659 So. 2d 347, 349–50 (Fla. 1st DCA 1995) ).
PAGE 590
In re Grand Jury-1st Term of 2018
300 So. 3d 775 (Fla. Dist. Ct. App. 2020)
These consolidated appeals arise from the partial denial of a motion brought under section 905.28, Florida Statutes, to repress or expunge portions of a grand jury report (Report). Bradley S. Odom, who is referenced in the Report, appeals the lower court's order claiming it erred in not repressing additional portions of the Report. The State Attorney (State) cross-appeals, arguing the lower court erred in granting any part of Odom's motion to repress. Finding no error by the lower court regarding the direct appeal, we affirm. However, we find merit to the issues raised in the cross-appeal and reverse.
In re Amendments to Fla. Rule of Judicial Admin. 2.420
156 So. 3d 499 (Fla. 2015)
(xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat.
PAGE 501
State v. Womack
127 So. 3d 839 (Fla. Dist. Ct. App. 2013) Cited 1 times
Although the trial court pulled the word “unnecessary” from Freeport School Project, necessity is not a precise way to describe the inquiry required by section 905.28(1). The inquiry required by section 905.28(1) requires that statements be germane but not absolutely indispensible, as suggested by use of the word unnecessary. To the extent a necessity requirement may be appropriate, it is applicable when evaluating comments in a presentment about purely private citizens. See Kelly, 453 So.2d at 1182 (“[T]he public interest is properly served by an accurate report as to whatever is found to be true without comment on the actions or motives of private citizens that are not a necessary part of the findings relating to the public officials.” (emphasis added)). Here, all of the comments are about LPD's former public information officer and chief of police, not private citizens.
PAGE 844
In re Amendments to Fla. Rule of Judicial Admin. 2.420
124 So. 3d 819 (Fla. 2013)
(xvi) Grand jury records. Ch. 905 §§ 905.17, 905.28(1), Fla. Stat.
PAGE 827
Doe v. Palm Beach
981 So. 2d 684 (Fla. Dist. Ct. App. 2008)
In Barber v. Interim Report of the Grand Jury Spring Term 1995, 689 So.2d 1182 (Fla. 4th DCA 1997), Judge Gross explained the general purpose of section 905.28(1):
PAGE 685
Doe v. Palm Beach Cty. Fall Term
No. 4D07-3349 (Fla. Dist. Ct. App. Apr. 16, 2008)
In Barber v. Interim Report of the Grand Jury Spring Term 1995, 689 So. 2d 1182 (Fla. 4th DCA 1997), Judge Gross explained the general purpose of section 905.28(1):
Republic Properties Corp. (“RPC”) v. Grand Jury Presentment On the West Palm Beach
971 So. 2d 289 (Fla. Dist. Ct. App. 2008)
Section 905.28(1) was enacted to protect those "whose character is impugned in a [grand jury] report unaccompanied by indictment." Miami Herald Pub. Co. v. Marko, 352 So.2d 518, 520 (Fla. 1977). This appears to be the statute's purpose. See id. at 520-21 (explaining that section 905.28 was "undoubtedly" enacted because, "while one charged with the commission of a crime as a result of this process has a full opportunity for public clarification of misleading data and personal vindication through a public trial, no comparable means of vindication exists for one whose character is impugned in a report unaccompanied by indictment").
PAGE 291
Roe v. Jury
970 So. 2d 498 (Fla. Dist. Ct. App. 2007) Cited 3 times
The presentment states that the grand jury was convened "to investigate corruption, ethics and whether the City of West Palm Beach conducts business under a `pay to play' practice." In an ethics section of the report, the grand jury made findings relating to rebroadcasts of commission meetings. Appellant's section 905.28(1) motion was directed at this portion of the report. The circuit court redacted one sentence from the report because it quoted testimony before the grand jury.
Gervin v. Andrews
826 So. 2d 504 (Fla. Dist. Ct. App. 2002) Cited 1 times
4 more...
Gervin also cites to State ex rel. Brautigam v. Interim Report of Grand Jury, 93 So.2d 99 (Fla. 1957). However, that case is of no help here. It concerns the power of a circuit court to suppress derogatory and defamatory portions of a grand jury report upon motion by an individual concerned in the report. See § 905.28, Fla. Stat. (2001). The supreme court based its ruling on a body of law limiting the power of a grand jury to censure a person without presenting him for indictment. See Brautigam, 93 So.2d at 102-03. No similar line of cases provides a basis for the relief in this case.
PAGE 509
Cases from cite.case.law:
In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . §§ 905.17, 905.28(1), Fla. Stat. . . .
STATE v. WOMACK,, 127 So. 3d 839 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .
In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . On 9Q5§§ 905.17, 905.28(1), Fla. Stat. . . .
DOE, v. PALM BEACH COUNTY FALL TERM GRAND JURY PRESENTMENT PART B,, 981 So. 2d 684 (Fla. Dist. Ct. App. 2008)

. . . 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 . . .
REPUBLIC PROPERTIES CORPORATION RPC v. GRAND JURY PRESENTMENT ON CITY OF WEST PALM BEACH, PART A, FALL TERM, 971 So. 2d 289 (Fla. Dist. Ct. App. 2008)

. . . 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, . . .
ROE, v. GRAND JURY,, 970 So. 2d 498 (Fla. Dist. Ct. App. 2007)

. . . 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 . . .
Z. GERVIN, M. D. v. ANDREWS,, 826 So. 2d 504 (Fla. Dist. Ct. App. 2002)

. . . See § 905.28, Fla. Stat. (2001). . . .
BARBER, v. INTERIM REPORT OF THE GRAND JURY SPRING TERM, 689 So. 2d 1182 (Fla. Dist. Ct. App. 1997)

. . . 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). . . .
In GRAND JURY INVESTIGATION OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, On-, 659 So. 2d 347 (Fla. Dist. Ct. App. 1995)

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

. . . whom it had received testimony to obviate the necessity to seal the presentment pursuant to section 905.28 . . .
In REPORT OF THE GRAND JURY, JEFFERSON COUNTY, FLORDIA, SPRING TERM,, 559 So. 2d 248 (Fla. Dist. Ct. App. 1990)

. . . Authority for repression of the report of a grand jury is set forth in section 905.28, Florida Statutes . . .
MALCOLM PIRNIE, INC. v. MONROE COUNTY GRAND JURY REPORT, FALL TERM,, 558 So. 2d 139 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .
In GRAND JURY PRESENTMENT, DUVAL COUNTY,, 548 So. 2d 721 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .
In GRAND JURY FREEPORT SCHOOL PROJECT WINTER TERM HILTON DEVELOPMENT COMPANY, a v. C. CHANDLER,, 544 So. 2d 1104 (Fla. Dist. Ct. App. 1989)

. . . 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 . . .
STATE v. In GRAND JURY, FALL TERM PRESENTMENT DATED JULY, 535 So. 2d 696 (Fla. Dist. Ct. App. 1988)

. . . LeCouris, whose actions were criticized by the Grand Jury, filed a motion as contemplated by section 905.28 . . .
In GRAND JURY PRESENTMENT, 534 So. 2d 905 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .
In REPORT OF THE GRAND JURY, JEFFERSON COUNTY, FLORIDA, SPRING TERM M. In, 533 So. 2d 873 (Fla. Dist. Ct. App. 1988)

. . . 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. . . .
D. MOORE, Jr. v. GRAND JURY REPORT ON PUBLIC HOUSING,, 532 So. 2d 1103 (Fla. Dist. Ct. App. 1988)

. . . 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 . . .
In GRAND JURY, FALL TERM PINELLAS COUNTY, TRIBUNE COMPANY v. STATE, 528 So. 2d 51 (Fla. Dist. Ct. App. 1988)

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

. . . Further, the Florida Supreme Court has held constitutional Section 905.28(1), permitting repression of . . .
In GRAND JURY PROCEEDINGS- s H. A., 832 F.2d 554 (11th Cir. 1987)

. . . . § 905.28(1) (1985) to suppress the report. . . .
KELLY, v. E. STURGIS,, 453 So. 2d 1179 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .
R. GERLACH, v. DADE COUNTY GRAND JURY FINAL REPORT, SPRING TERM, RELATING TO DADE COUNTY METRO TRANSIT AGENCY,, 420 So. 2d 384 (Fla. Dist. Ct. App. 1982)

. . . Marko, 352 So.2d 518 (Fla.1977); Sec. 905.28(1), Fla.Stat. (1981). . . .
J. UNTREINER, In ESCAMBIA COUNTY GRAND JURY, FALL TERM, s, 391 So. 2d 272 (Fla. Dist. Ct. App. 1980)

. . . 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 . . .
S. PHILPITT, E. v. L. WEINTRAUB,, 377 So. 2d 247 (Fla. Dist. Ct. App. 1979)

. . . 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 ( . . .
GREEN, v. INVESTIGATION OF LIBERTY COUNTY SCHOOL SYSTEM- REPORT OF GRAND JURY,, 370 So. 2d 63 (Fla. Dist. Ct. App. 1979)

. . . This appeal is taken pursuant to Section 905.28(1), Florida Statutes (1977), from an order entered by . . .
MIAMI HERALD PUBLISHING COMPANY, a Al v. M. MARKO,, 352 So. 2d 518 (Fla. 1977)

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

. . . (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 . . .

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

Cases from cite.case.law: