Chapter 905 — Chapter 905
43 sections in this chapter.
Fla. Stat. § 905.01 Number and procurement of grand jury; replacement of member; term of grand jury
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(1) The grand jury shall consist of no fewer than 15, but no more than 21 persons. The law governing the qualifications, disqualifications, excusals, drawing, summoning, supplying deficiencies, compensation, and procurement of petit jurors apply to grand jurors. In addition, an e…
Fla. Stat. § 905.02 Who may challenge
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The state or a person who has been held to answer may challenge the panel or individual grand jurors.
Fla. Stat. § 905.03 Ground for challenge to panel
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A challenge to the panel may be made only on the ground that the grand jurors were not selected according to law.
Fla. Stat. § 905.04 Grounds for challenge to individual prospective grand juror
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(1) The state or a person who has been held to answer may challenge an individual prospective grand juror on the ground that the juror:(a) Does not have the qualifications required by law;(b) Has a state of mind that will prevent him or her from acting impartially and without pre…
Fla. Stat. § 905.05 When challenge or objection to be made
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A challenge or objection to the grand jury may not be made after it has been impaneled and sworn. This section shall not apply to a person who did not know or have reasonable ground to believe, at the time the grand jury was impaneled and sworn, that cases in which the person was…
Fla. Stat. § 905.06 How challenge made and tried
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Challenges to an individual grand juror or to the panel shall be tried by the court. A challenge to an individual grand juror may be oral, but a challenge to the panel shall be in writing.
Fla. Stat. § 905.07 Effect of sustaining challenge to panel
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If a challenge to the panel is sustained, the grand jury shall be discharged.
Fla. Stat. § 905.075 Excusing grand juror related to person being investigated
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A grand juror may excuse herself or himself, be excused by a majority vote of the other grand jurors, or be excused by order of the court on its own motion or on motion of the state attorney, and be relieved from deliberating and voting in any case being investigated by the grand…
Fla. Stat. § 905.08 Appointment of foreperson
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After the grand jury has been impaneled, the court shall appoint one of the grand jurors as foreperson and another to act as foreperson during absence of the foreperson.
Fla. Stat. § 905.09 Discharge and recall of grand jury
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A grand jury that has been dismissed may be recalled at any time during the term of the grand jury.
Fla. Stat. § 905.095 Extension of grand jury term
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Upon petition of the state attorney or the foreperson of the grand jury acting on behalf of a majority of the grand jurors, the circuit court may extend the term of a grand jury impaneled under this chapter beyond the term in which it was originally impaneled. A grand jury whose …
Fla. Stat. § 905.10 Oath of grand jurors
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The clerk shall prepare a list of the names of the grand jurors. After the jury is impaneled, the following oath shall be administered to the jurors:“You, as grand jurors for County do solemnly swear (or affirm) that you will diligently inquire into all matters put in your charge…
Fla. Stat. § 905.11 Charge of court
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After the grand jurors are sworn the court shall charge them concerning their duties.
Fla. Stat. § 905.12 Retirement of grand jurors
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After being charged by the court, the grand jury shall retire to a private place and perform their duties.
Fla. Stat. § 905.13 Appointment of clerk
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The foreperson shall appoint one of the grand jurors as clerk to keep minutes of the proceedings.
Fla. Stat. § 905.15 Appointment of interpreter
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The foreperson shall appoint an interpreter to interpret the testimony of any witness who does not speak the English language well enough to be readily understood. The interpreter must take an oath not to disclose any information coming to his or her knowledge, except on order of…
Fla. Stat. § 905.16 Duties of grand jury
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The grand jury shall inquire into every offense triable within the county for which any person has been held to answer, if an indictment has not been found or an information or affidavit filed for the offense, and all other indictable offenses triable within the county that are p…
Fla. Stat. § 905.165 Grand jury to make presentments
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The grand jury may make presentments for offenses against the criminal laws, whether or not specific punishment is provided for the offense.
Fla. Stat. § 905.17 Who may be present during session of grand jury
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(1) No person shall be present at the sessions of the grand jury except the witness under examination, one attorney representing the witness for the sole purpose of advising and consulting with the witness, the state attorney and her or his assistant state attorneys, designated a…
Fla. Stat. § 905.18 Duty of court
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When requested, the court shall advise the grand jury about its legal duties. In its original charge or thereafter the court shall not restrict an investigation of any matter into which the grand jury is by law entitled to inquire.
Fla. Stat. § 905.185 State attorney to issue process
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When requested by the grand jury, the state attorney or his or her designated assistant shall issue process to secure the attendance of witnesses.
Fla. Stat. § 905.19 Duty of state attorney
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The state attorney or an assistant state attorney shall attend sessions of the grand jury to examine witnesses and give legal advice about any matter cognizable by the grand jury. The state attorney may designate one or more assistant state attorneys to accompany and assist the s…
Fla. Stat. § 905.195 List of witnesses; minutes
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(1) The foreperson of the grand jury shall return to the court a list under his or her hand of all witnesses who have been sworn by the grand jury during the term. The list shall be filed by the clerk of the court.(2) When directed by the grand jury, the clerk shall deliver the m…
Fla. Stat. § 905.20 Duty of grand juror having knowledge of offense
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A grand juror who knows or has reason to believe that an indictable offense triable within the county has been committed shall report the information to the grand jury and may be sworn as a witness in the investigation.
Fla. Stat. § 905.21 When grand jury of another county may indict in other cases
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When an offense has been committed in a county and the circuit court has determined that conditions in that county make it impractical to convene a grand jury, any grand jury within the circuit or in any circuit to which the judge of the circuit court refers the matter may inquir…
Fla. Stat. § 905.22 Swearing of witnesses
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The foreperson, state attorney, or assistant state attorney shall administer an oath or affirmation in the manner prescribed by law to any witness who testifies before the grand jury.
Fla. Stat. § 905.23 Number of grand jurors required to return indictment
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An indictment shall not be found without the concurrence of 12 grand jurors.
Fla. Stat. § 905.24 Proceedings of grand jury to be kept secret
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Grand jury proceedings are secret, and a grand juror or an interpreter appointed pursuant to s. 90.6063(2) shall not disclose the nature or substance of the deliberations or vote of the grand jury.
Fla. Stat. § 905.25 Grand juror not permitted to state or testify
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A grand juror shall not be permitted to state or testify in any court how she or he or any other grand juror voted on any matter before them or what opinion was expressed by herself or himself or any other grand juror about the matter.
Fla. Stat. § 905.26 Not to disclose finding of indictment
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Unless ordered by the court, a grand juror, reporter, stenographer, interpreter, or officer of the court shall not disclose that an indictment for a felony has been found against a person not in custody or under recognizance, except by issuing or executing process on the indictme…
Fla. Stat. § 905.27 Testimony not to be disclosed; exceptions
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(1) Persons present or appearing during a grand jury proceeding, including a grand juror, a state attorney, an assistant state attorney, a reporter, a stenographer, or an interpreter, as well as the custodian of a grand jury record, may not disclose the testimony of a witness exa…
Fla. Stat. § 905.28 Publication of report or presentment; motion to repress
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(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…
Fla. Stat. § 905.31 Short title
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Sections 905.31-905.40 shall be known and may be cited as the “Statewide Grand Jury Act.”
Fla. Stat. § 905.32 Legislative intent
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It is the intent of the Legislature in enacting this act to strengthen the grand jury system and enhance the ability of the state to detect and eliminate organized criminal activity by improving the evidence-gathering process in matters which transpire or have significance in mor…
Fla. Stat. § 905.33 Petition to Supreme Court by Governor; order
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(1) Whenever the Governor, for good and sufficient reason, deems it to be in the public interest to impanel a statewide grand jury, she or he may petition in writing to the Supreme Court for an order impaneling a statewide grand jury. The petition shall state the general crimes o…
Fla. Stat. § 905.34 Powers and duties; law applicable
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The jurisdiction of a statewide grand jury impaneled under this chapter shall extend throughout the state. The subject matter jurisdiction of the statewide grand jury shall be limited to the offenses of:(1) Bribery, burglary, carjacking, home-invasion robbery, criminal usury, ext…
Fla. Stat. § 905.35 Appointment of foreperson and deputy foreperson
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The statewide grand jury shall elect, by majority vote, a foreperson and deputy foreperson from among its members.
Fla. Stat. § 905.36 Duty of state attorney or other legal adviser; presentation of evidence
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The statewide prosecutor in charge of the Office of Statewide Prosecution shall attend sessions of the statewide grand jury and serve as its legal adviser. The legal adviser shall examine witnesses; present evidence; and draft indictments, presentments, and reports upon the direc…
Fla. Stat. § 905.37 List of prospective jurors; impanelment; composition of jury; compensation
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(1) Not later than the first week in December of each year, the chief judge of each judicial circuit shall cause to be compiled a list of persons called and certified for jury duty in each of the several counties in the circuit. From the lists of persons certified for jury duty i…
Fla. Stat. § 905.38 Summoning of jurors
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The Clerk of the Supreme Court, upon receipt of the venire for the statewide grand jury from the presiding judge, shall issue and cause to be delivered to the sheriff of the county in which a member of the statewide grand jury resides, a venire of the grand jury commanding the sh…
Fla. Stat. § 905.39 Judicial supervision; returns
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Judicial supervision of the statewide grand jury shall be maintained by the presiding judge, and all indictments, presentments, and formal returns of any kind made by such grand jury shall be returned to the presiding judge.
Fla. Stat. § 905.395 Unlawful acts related to disclosure of proceedings; penalty
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Unless pursuant to court order, it is unlawful for any person knowingly to publish, broadcast, disclose, divulge, or communicate to any other person, or knowingly to cause or permit to be published, broadcast, disclosed, divulged, or communicated to any other person outside the s…
Fla. Stat. § 905.40 Payment of costs and expenses
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The costs and expenses incurred by the statewide grand jury in the performance of its functions and duties shall be paid by the state out of funds appropriated to the circuit courts.