Florida Statute 905.28 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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:

Cases Citing Statute 905.28

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2022-06-15

Snippet: jury’s report from public view pursuant to section 905.28, Florida Statutes (2018). 2 We conclude that the

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Supreme Court of Florida | Date Filed: 2015-01-22

Citation: 156 So. 3d 499, 40 Fla. L. Weekly Supp. 29, 43 Media L. Rep. (BNA) 1199, 2015 Fla. LEXIS 113

Snippet: Stat. (xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat. (xvii) Records acquired by

State v. Womack

Court: District Court of Appeal of Florida | Date Filed: 2013-11-27

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

Snippet: issue in this case is the application of section 905.28(1), Florida Statutes (2012), which provides: A

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Supreme Court of Florida | Date Filed: 2013-03-28

Citation: 124 So. 3d 819, 38 Fla. L. Weekly Supp. 199, 2013 WL 1234993, 2013 Fla. LEXIS 543

Snippet: Stat. (xvi) Grand jury records. On 9Q5§§ 905.17, 905.28(1), Fla. Stat. (xvii) InformationRecords acquired

Doe v. Palm Beach County Fall Term 2006 Grand Jury Presentment Part B

Court: District Court of Appeal of Florida | Date Filed: 2008-06-04

Citation: 981 So. 2d 684, 2008 Fla. App. LEXIS 8124, 2008 WL 2261735

Snippet: filed a motion in the trial court under section 905.28(1), Florida Statutes (2006), to expunge parts of

RPC v. Grand Jury Presentment

Court: District Court of Appeal of Florida | Date Filed: 2008-01-14

Citation: 971 So. 2d 289

Snippet: general public without notice to Republic. Section 905.28(1), Florida Statutes, provides: *291 A report

Roe v. Grand Jury

Court: District Court of Appeal of Florida | Date Filed: 2007-12-19

Citation: 970 So. 2d 498, 2007 Fla. App. LEXIS 20103, 2007 WL 4409705

Snippet: partial denial of a motion brought under section 905.28(1), Florida Statutes (2006), to repress or expunge

Gervin v. Andrews

Court: District Court of Appeal of Florida | Date Filed: 2002-09-25

Citation: 826 So. 2d 504, 2002 WL 31114883

Snippet: individual concerned in *509 the report. See § 905.28, Fla. Stat. (2001). The supreme court based its

Barber v. INTERIM REPORT OF GRAND JURY

Court: District Court of Appeal of Florida | Date Filed: 1997-03-12

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

Snippet: "improper or unlawful" within the meaning of section 905.28(1), Florida Statutes (1995), so it may be made

In re Grand Jury Investigation of the Florida Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1995-04-11

Citation: 659 So. 2d 347, 1995 Fla. App. LEXIS 3610

Snippet: partial denial of a motion brought under Section 905.28(1), Florida Statutes (1991), to repress or expunge

Grand Jury Fall Term v. City of St. Petersburg

Court: District Court of Appeal of Florida | Date Filed: 1993-08-13

Citation: 624 So. 2d 291, 1993 WL 309150

Snippet: necessity to seal the presentment pursuant to section 905.28, Florida Statutes (1991). The City filed a motion

In re Report of the Grand Jury, Jefferson County, Flordia, Spring Term, 1987

Court: District Court of Appeal of Florida | Date Filed: 1990-03-16

Citation: 559 So. 2d 248, 1990 Fla. App. LEXIS 1743, 1990 WL 28177

Snippet: report of a grand jury is set forth in section 905.28, Florida Statutes, which provides: (1) No report

MPI v. Monroe County Grand Jury Report

Court: District Court of Appeal of Florida | Date Filed: 1990-03-13

Citation: 558 So. 2d 139, 1990 WL 26642

Snippet: Judge. This is an appeal taken pursuant to section 905.28, Florida Statutes (1987), from a trial court order

In re Grand Jury Presentment

Court: District Court of Appeal of Florida | Date Filed: 1989-08-02

Citation: 548 So. 2d 721, 14 Fla. L. Weekly 1792, 16 Media L. Rep. (BNA) 2204, 1989 Fla. App. LEXIS 4456

Snippet: immediately filed motions pursuant to section 905.-28(1), Florida Statutes,1 to repress the presentment

In Re Grand Jury (Freeport Sch. Project) Winter Term 1988

Court: District Court of Appeal of Florida | Date Filed: 1989-06-13

Citation: 544 So. 2d 1104, 1989 WL 61543

Snippet: from the denial of a motion brought under Section 905.28, Florida Statutes (1987), by appellant, Hilton

State v. Grand Jury, Fall Term 1986

Court: District Court of Appeal of Florida | Date Filed: 1988-12-28

Citation: 535 So. 2d 696, 14 Fla. L. Weekly 137, 1988 Fla. App. LEXIS 5795, 1988 WL 139094

Snippet: Jury, filed a motion as contemplated by section 905.28, Florida Statutes (1985), to expunge the following

In re Grand Jury Presentment

Court: District Court of Appeal of Florida | Date Filed: 1988-12-09

Citation: 534 So. 2d 905, 13 Fla. L. Weekly 2673, 1988 Fla. App. LEXIS 5477, 1988 WL 131112

Snippet: section 905.28(1), Florida Statutes (1987). Review of the trial court’s ruling on the 905.28(1) motions

In Re Report of Grand Jury, Jefferson Cty., Fla., Spring Term 1987

Court: District Court of Appeal of Florida | Date Filed: 1988-10-28

Citation: 533 So. 2d 873, 1988 WL 113840

Snippet: State, 35 Fla. 737, 18 So. 182, 186 (1895). Section 905.28, Florida Statutes (1986), authorizes a motion to

Moore v. 1986 Grand Jury Report on Public Housing

Court: District Court of Appeal of Florida | Date Filed: 1988-10-11

Citation: 532 So. 2d 1103, 13 Fla. L. Weekly 2320, 1988 Fla. App. LEXIS 4513, 1988 WL 103868

Snippet: of the subject grand jury report under. Section 905.28(1), Florida Statutes (1987), and challenges certain

Tribune Co. v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-07-01

Citation: 528 So. 2d 51, 13 Fla. L. Weekly 1547, 15 Media L. Rep. (BNA) 1963, 1988 Fla. App. LEXIS 3014

Snippet: events and the trial court’s order implicate section 905.28(1), Florida Statutes (1987), which provides that: