Florida Statute 905.17 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

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F.S. 905.17

905.17 Who may be present during session of grand jury.—

(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 assistants as provided for in s. 27.18, the court reporter or stenographer, and the interpreter. The stenographic records, notes, and transcriptions made by the court reporter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and shall be released by the clerk only on request by a grand jury for use by the grand jury or on order of the court pursuant to s. 905.27.

(2) The witness may be represented before the grand jury by one attorney. This provision is permissive only and does not create a right to counsel for the grand jury witness. The attorney for the witness shall not be permitted to address the grand jurors, raise objections, make arguments, or otherwise disrupt proceedings before the grand jury. The attorney for the witness shall be permitted to advise and counsel the witness and shall be subject to the provisions of s. 905.27 in the same manner as all who appear before the grand jury. An attorney or law firm may not represent more than one person or entity in an investigation before the same grand jury or successive grand juries in the same investigation.

(3) No person shall be present while the grand jurors are deliberating or voting, except that an interpreter appointed pursuant to s. 90.6063(2) may be present after swearing to refrain from personal interjection and to uphold the secrecy of the proceeding.

(4) An intentional violation of the provisions of this section shall constitute indirect criminal contempt of court. Further, and in addition to any contempt sanction, if the court determines that the attorney for the witness has violated any of the provisions of subsection (2), then the court may take such measures as are necessary to ensure compliance with subsection (2), including exclusion of the offending attorney from the grand jury room.

(5) This section does not apply to proceedings of the statewide grand jury created in s. 905.33.

History.—s. 96, ch. 19554, 1939; CGL 1940 Supp. 8663(96); s. 1, ch. 26584, 1951; s. 54, ch. 70-339; s. 2, ch. 74-627; s. 1, ch. 92-154; s. 3, ch. 93-125; s. 1, ch. 94-74; s. 434, ch. 96-406; s. 1833, ch. 97-102; s. 2, ch. 2024-7.

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Amendments to 905.17

Annotations, Discussions, Cases:

Cases Citing Statute 905.17

Total Results: 20

Trafficante v. State

92 So. 2d 811

Supreme Court of Florida | Filed: Jan 23, 1957 | Docket: 1389977

Cited 61 times | Published

the witness given before the court * * *." F.S. § 905.17, F.S.A. provides in part that transcriptions of

Miller v. State

42 So. 3d 204, 35 Fla. L. Weekly Supp. 323, 2010 Fla. LEXIS 854, 2010 WL 2195709

Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2398193

Cited 35 times | Published

even present unless testifying as a witness. See § 905.17(1), Fla.'Stat. (2005).5 The State presents witnesses

Dotty v. State

197 So. 2d 315

District Court of Appeal of Florida | Filed: Apr 11, 1967 | Docket: 1322355

Cited 22 times | Published

905.19.[2] Appellant's position is that F.S.A. § 905.17 under the heading "Who may be present during sessions

State v. Clemmons

150 So. 2d 231

Supreme Court of Florida | Filed: Feb 20, 1963 | Docket: 1452042

Cited 17 times | Published

jury may be adjudged guilty of contempt. See Section 905.17 and Section 905.27, Florida Statutes, F.S.A

Harper v. State

217 So. 2d 591

District Court of Appeal of Florida | Filed: Nov 26, 1968 | Docket: 1662105

Cited 11 times | Published

guilty of criminal contempt pursuant to F.S. Section 905.17, F.S.A. 1965, and sentencing him to three days

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

the grand jury is deliberating or voting (see section 905.17, Florida Statutes) and has no voice in the

Spencer v. Spencer

242 So. 2d 786

District Court of Appeal of Florida | Filed: Nov 6, 1970 | Docket: 1336636

Cited 9 times | Published

still not mandatory. Recently, in construing Section 905.17, Florida Statutes, F.S.A., which provides that

Rudd v. State Ex Rel. Christian

310 So. 2d 295

Supreme Court of Florida | Filed: Feb 10, 1975 | Docket: 1281399

Cited 7 times | Published

grand jury constituted a violation of Fla. Stat. § 905.17(1) and 905.19, F.S.A., and 2. Christian, because

State v. McArthur

296 So. 2d 97

District Court of Appeal of Florida | Filed: Jun 14, 1974 | Docket: 1754616

Cited 5 times | Published

905 (1971), F.S.A. The defendant relies upon F.S. 905.17, F.S.A., which provides: "905.17 Who may be present

Dinnen v. State

168 So. 2d 703

District Court of Appeal of Florida | Filed: Nov 11, 1964 | Docket: 1609165

Cited 5 times | Published

and required in Grand Jury proceedings, see Fla. Stat. 905.17, 1963, F.S.A., and is at least permissive

Report of Supreme Court Workgroup on Public Records

825 So. 2d 889, 2002 WL 351500

Supreme Court of Florida | Filed: Sep 12, 2002 | Docket: 1312459

Cited 2 times | Published

not subject to public inspection pursuant to Section 905.17(1), Florida Statutes. A Court order must be

Palm Beach Newspapers, Inc. v. Doe

460 So. 2d 406

District Court of Appeal of Florida | Filed: Nov 14, 1984 | Docket: 1766617

Cited 2 times | Published

synonymous with "grand jury session" as defined in Section 905.17 Florida Statutes.[1] Therefore, petitioner

In Re Getty

427 So. 2d 380

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1739663

Cited 2 times | Published

enforcement officer. Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those

State Ex Rel. Christian v. Rudd

302 So. 2d 821

District Court of Appeal of Florida | Filed: Nov 5, 1974 | Docket: 1758543

Cited 2 times | Published

Petitioner before the Grand Jury in violation of F.S. 905.17(1) and F.S. 905.19. Those Motions were denied

Ago

Florida Attorney General Reports | Filed: Feb 25, 1999 | Docket: 3257911

Published

to the public records exemption contained in section 905.17, Florida Statutes. This statute authorizes

State v. Knight

661 So. 2d 344, 1995 Fla. App. LEXIS 10399, 1995 WL 581132

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 64759226

Published

such an exemption is contained within section 905.17. Section 905.17(1) provides: The notes, records, and

State v. Gartenmayer

239 So. 2d 116

District Court of Appeal of Florida | Filed: Sep 15, 1970 | Docket: 64516465

Published

found that this violation of the statutes (See Section 905.17 Fla.Stat., F.S.A.) rendered the subsequent

Mattox v. Carson

295 F. Supp. 1054, 1969 U.S. Dist. LEXIS 8362

District Court, M.D. Florida | Filed: Jan 10, 1969 | Docket: 66052167

Published

before these hearings which would be contrary to Section 905.17, Florida Statutes, F.S.A., since that statute

In re Interim Report of the Brevard County

206 So. 2d 398, 1968 Fla. App. LEXIS 6041

District Court of Appeal of Florida | Filed: Jan 29, 1968 | Docket: 64503821

Published

Court of the Eighteenth Judicial Circuit under Section 905.17, F.S.1965, F.S.A., but that since the conduct

State ex rel. Bateman v. O'Toole

203 So. 2d 527, 1967 Fla. App. LEXIS 4474

District Court of Appeal of Florida | Filed: Nov 8, 1967 | Docket: 64502754

Published

1967. In our opinion, this was in error. F.S.A. § 905.17 provides: “ * * * The stenographic records, notes