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.

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:

Cases Citing Statute 905.28

Total Results: 20

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: and improper under section 905.28, Florida Statutes (2018). Section 905.28 provides that a grand jury…jury’s report from public view pursuant to section 905.28, Florida Statutes (2018). 2 We conclude that the…statewide grand jury’s report pursuant to section 905.28, Florida Statutes (2018), as “petitioners” in this… to the extent it is “improper and unlawful.” § 905.28(1), Fla. Stat. (2018) (emphasis added). “The question…has interpreted the “unlawful” prong of section 905.28 to mean “outside the lawful ambit of grand jury

In Re Amendments to FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

Court: Fla. | Date Filed: 2015-01-22T00:00:00-08:00

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

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

Snippet: insight into how courts should apply section 905.28. Section 905.28 provides individuals who “may be exposed…inquiry required by section 905.28(1). The inquiry required by section 905.28(1) requires that statements…issue in this case is the application of section 905.28(1), Florida Statutes (2012), which provides: A … So.2d 1179, 1182 (Fla. 5th DCA 1984) (“Section 905.28 ... does not authorize or legitimize a grand jury

In re Amendments to Florida Rule of Judicial Administration 2.420

Court: Fla. | Date Filed: 2013-03-28T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2008-06-04T00:00:00-07:00

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

Snippet: explained the general purpose of section 905.28(1): Under section 905.28(1), where a grand jury report relating…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: Fla. Dist. Ct. App. | Date Filed: 2008-01-13T23:53:00-08:00

Citation: 971 So. 2d 289

Snippet: general public without notice to Republic. Section 905.28(1), Florida Statutes, provides: *291 A report …expunge a portion of the presentment under section 905.28, Florida Statutes, seeking to remove all references…Republic lacks standing, the state argues that section 905.28 was "not triggered" here and that, as…nominal use of the name Republic." Section 905.28(1) was enacted to protect those "whose character…purpose. See id. at 520-21 (explaining that section 905.28 was "undoubtedly" enacted because, "

Roe v. Grand Jury

Court: Fla. Dist. Ct. App. | Date Filed: 2007-12-18T23:53:00-08:00

Citation: 970 So. 2d 498

Snippet: partial denial of a motion brought under section 905.28(1), Florida Statutes (2006), to repress or expunge…of commission meetings. Appellant's section 905.28(1) motion was directed at this portion of the report… testimony before the grand jury. Under section 905.28(1), where a grand jury presentment relating to …quot;unlawful" within the meaning of section 905.28(1) if it is "outside the lawful ambit of the… A matter is "improper" under section 905.28(1) if it is (1) not "germane to the scope

Gervin v. Andrews

Court: Fla. Dist. Ct. App. | Date Filed: 2002-09-25T00:53:00-07:00

Citation: 826 So. 2d 504

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

Citation: 689 So. 2d 1182

Snippet: or unlawful" within the meaning of section 905.28(1), Florida Statutes (1995), so it may be made … for the officers involved. Pursuant to section 905.28, Officer Barber filed a motion to repress or expunge…denied the motion in its entirety. Under section 905.28(1), where a grand jury report relating to an individual…unaccompanied by indictment. Id. at 520. As used in section 905.28(1) "unlawful" means outside the lawful…); Marko, 352 So.2d at 521, n. 7. Under section 905.28(1), statements in a report are "proper"

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

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-11T00:00:00-07:00

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…furnished such person before the enactment of section 905.28(1), to challenge the report. Undoubtedly, the potential… the reason why the legislature adopted section 905.28(1), authorizing repression of matters in the presentment… 544 So.2d 1104, 1107 (Fla. 1st DCA) (“[section 905.28] was designed to constitute a brake on wild charges…, concurs and dissents with opinion. . Section 905.28(1) provides: No report or presentment of the grand

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, 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: Fla. Dist. Ct. App. | Date Filed: 1990-03-16T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1990-03-12T23:53:00-08:00

Citation: 558 So. 2d 139

Snippet: Judge. This is an appeal taken pursuant to section 905.28, Florida Statutes (1987), from a trial court order…quot; and "conflicting reports." Section 905.28(1) provides: No report or presentment of the grand…jury findings are factually inaccurate. Section 905.28(1) "was not designed, in any sense to provide

In re Grand Jury Presentment

Court: Fla. Dist. Ct. App. | Date Filed: 1989-08-02T00:00:00-07:00

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

Snippet: purposes of application of section 905.28. Therefore, since section 905.28 relief was not available to appellants… immediately filed motions pursuant to section 905.-28(1), Florida Statutes,1 to repress the presentment…appellants are not entitled to relief under section 905.28(1), which is applicable only to individuals who…The presentment is a public record 2 as section 905.28(1) does not protect it for even the fifteen days…unindicted” for purposes of the application of section 905.28. FPC responded that the indictments were replaced

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

Court: Fla. Dist. Ct. App. | Date Filed: 1989-06-13T00:53:00-07:00

Citation: 544 So. 2d 1104

Snippet: from the denial of a motion brought under Section 905.28, Florida Statutes (1987), by appellant, Hilton …was prematurely published in violation of section 905.28.[2] Thereafter, Hilton timely filed a motion to…repress portions of the presentment under section 905.28, which motion was denied. *1106 Of the three issues…presentment had been made public in violation of section 905.28, and that expunction was required by Philpitt v…released the presentment in violation of section 905.28). In the instant case, although it clearly appears

State v. Grand Jury, Fall Term 1986

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-28T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1988-12-09T00:00:00-08:00

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…consolidated appeal. Though section 905.28(2) provides that a section 905.28(1) motion acts as an automatic…appeal, the trial court apparently felt that section 905.28(2) was inapplicable since it entered the stay orders

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

Court: Fla. Dist. Ct. App. | Date Filed: 1988-10-28T00:53:00-07:00

Citation: 533 So. 2d 873

Snippet: State, 35 Fla. 737, 18 So. 182, 186 (1895). Section 905.28, Florida Statutes (1986), authorizes a motion to…and "proper" in the context of section 905.28 to mean that the report is within the lawful ambit…WIGGINTON and BARFIELD, JJ., concur. NOTES [1] Section 905.28, Florida Statutes (1987). [2] U.S. v. Coughlan

Moore v. 1986 Grand Jury Report on Public Housing

Court: Fla. Dist. Ct. App. | Date Filed: 1988-10-11T00:00:00-07:00

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…report in compliance with the provisions of Section 905.28, Florida Statutes (1987). In response thereto, …are contested.” This appeal follows. II Section 905.28(1), Florida Statutes (1987) provides: “No report…insufficient basis to repress the report under Section 905.28(1), Florida Statutes (1987). Miami Herald Publishing

Tribune Co. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1988-07-01T00:00:00-07:00

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…presentment was sealed, consistent with section 905.28, those persons mentioned in it were furnished a…does not attack the constitutionality of section 905.28. See Miami Herald Publishing Co. v. Marko, 352 ….e., are the procedures contemplated in section 905.28(1) cloaked with the same degree of secrecy as is…Notwithstanding that the procedural steps provided in section 905.28(1) are ancillary to the grand jury process, Palm