Florida Statutes

Fla. Stat. § 905.28 (2025)

Publication of report or presentment; motion to repress.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 27 cases (1 in the last 5 years), 1976–2022 · leading case: Morgan v. State, 337 So. 2d 951 (Fla. 1976).

Sort: Relevance Newest Treatment

Morgan v. State, 337 So. 2d 951 (Fla. 1976). · cites it 5× “Section 905.28, Florida Statutes (1975), forbids disclosure of presentments critical of unindicted persons "until the individual concerned has been furnished a copy .”

Miami Herald Pub. Co. v. Marko, 352 So. 2d 518 (Fla. 1977). · cites it 6× “We have for review by direct appeal a final order entered by the Broward County Circuit Court which initially and directly upheld the validity of Section 905.28(1), Florida Statutes (1975).”

In Re Grand Jury (Freeport Sch. Proj.) Winter Term 1988, 544 So. 2d 1104 (Fla. 1st DCA 1989). · cites it 11× “This is an appeal from the denial of a motion brought under Section 905.28, Florida Statutes (1987), by appellant, Hilton Development Company (Hilton), to repress or expunge portions of a grand jury presentment which refer to Hilton.”

Moore v. 1986 Grand Jury Report on Pub. Hous., 532 So. 2d 1103 (Fla. 3d DCA 1988). · cites it 8× “and Eugene Smith, the acting director and area manager of the Dade County HUD Agency, were furnished advance copies of the report in compliance with the provisions of Section 905.28, Florida Statutes (1987). In response thereto, the appellants filed a motion to repress or…”

Barber v. Interim Report of Grand Jury, 689 So. 2d 1182 (Fla. 4th DCA 1997). · cites it 10× “Pursuant to section 905.28, Officer Barber filed a motion to repress or expunge the following portions of the report: 1) the conclusion underscored above on the basis that it is improper because it is unsupported by the facts in the report and 2) the portions of the report…”

Kelly v. Sturgis, 453 So. 2d 1179 (Fla. 5th DCA 1984). · cites it 6× “Therefore, the grand jury's comments on the private citizen were outside the lawful ambit of grand jury authority and an "improper" object of the proper and official concern to the grand jury and the appellee circuit judge was correct in applying a standard of fairness to the…”

Philpitt v. Weintraub, 377 So. 2d 247 (Fla. 3d DCA 1979). · cites it 12× “II The controlling statute in this case is Section 905.28, Florida Statutes (1977), which provides as follows: "905.”

In Re Report of Grand Jury, Jefferson Cty., Fla., Spring Term 1987, 533 So. 2d 873 (Fla. 1st DCA 1988). · cites it 5× “Section 905.28, Florida Statutes (1986), authorizes a motion to repress or expunge a grand jury report, or a portion thereof, which is "improper or unlawful.”

MPI v. Monroe Cnty. Grand Jury Report, 558 So. 2d 139 (Fla. 3d DCA 1990). · cites it 4× “This is an appeal taken pursuant to section 905.28, Florida Statutes (1987), from a trial court order denying appellant's motion to repress or expunge certain portions of a Monroe County grand jury report which examined the expenditure of public funds to build a solid waste…”

RPC v. Grand Jury Presentment, 971 So. 2d 289 (Fla. 4th DCA 2008). · cites it 12× “(Emphasis added) On March 28, 2007, Republic filed a motion to expunge a portion of the presentment under section 905.28, Florida Statutes, seeking to remove all references to Republic from the presentment.”

Tribune Co. v. State, 528 So. 2d 51 (Fla. 2d DCA 1988). · cites it 12× “After the presentment was sealed, consistent with section 905.28, those persons mentioned in it were furnished a copy and accorded the prescribed period within which to file appropriate repression or expunction motions with the trial court.”

In Re Grand Jury Proceedings--Subpoena to State Attorney's Off.. Thomas H. Greene, Dawson A. McQuaig Jake Godbold, Don McClure Intervenors, 832 F.2d 554 (11th Cir. 1987). “Godbold, McClure, McQuaig, and Greene each waived his right under Fla. Stat. § 905.28 (1) (1985) to suppress the report.”

Show all 27 citing cases →

— 905.28(1) — 20 cases

Miami Herald Pub. Co. v. Marko, 352 So. 2d 518 (Fla. 1977). “We have for review by direct appeal a final order entered by the Broward County Circuit Court which initially and directly upheld the validity of Section 905.28(1), Florida Statutes (1975).”

Barber v. Interim Report of Grand Jury, 689 So. 2d 1182 (Fla. 4th DCA 1997). “Pursuant to section 905.28, Officer Barber filed a motion to repress or expunge the following portions of the report: 1) the conclusion underscored above on the basis that it is improper because it is unsupported by the facts in the report and 2) the portions of the report…”

Moore v. 1986 Grand Jury Report on Pub. Hous., 532 So. 2d 1103 (Fla. 3d DCA 1988). “and Eugene Smith, the acting director and area manager of the Dade County HUD Agency, were furnished advance copies of the report in compliance with the provisions of Section 905.28, Florida Statutes (1987). In response thereto, the appellants filed a motion to repress or…”

Morgan v. State, 337 So. 2d 951 (Fla. 1976). “Section 905.28, Florida Statutes (1975), forbids disclosure of presentments critical of unindicted persons "until the individual concerned has been furnished a copy .”

Kelly v. Sturgis, 453 So. 2d 1179 (Fla. 5th DCA 1984). “Therefore, the grand jury's comments on the private citizen were outside the lawful ambit of grand jury authority and an "improper" object of the proper and official concern to the grand jury and the appellee circuit judge was correct in applying a standard of fairness to the…”

— 905.28(2) — 3 cases

Philpitt v. Weintraub, 377 So. 2d 247 (Fla. 3d DCA 1979). “II The controlling statute in this case is Section 905.28, Florida Statutes (1977), which provides as follows: "905.”

In re Grand Jury Presentment, 534 So. 2d 905 (Fla. 1st DCA 1988).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.