CopyCited 35 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 323, 2010 Fla. LEXIS 854, 2010 WL 2195709
...be brought to trial. See id. Generally, the defendant is not even present unless testifying as a witness. See §
905.17(1), Fla. Stat. (2005). [5] The State presents witnesses and evidence, whereas the defendant is not afforded that opportunity. See §
905.19, Fla....
CopyCited 22 times | Published | Florida 4th District Court of Appeal
...ey were both present before the grand jurors at the same time for the purpose of examining witnesses in their presence and giving the grand jurors legal advice regarding the offense lodged against the appellant contrary to F.S.A. §§
905.17 [1] and
905.19....
...[2] Appellant's position is that F.S.A. §
905.17 under the heading "Who may be present during sessions of the grand jury" should be strictly construed. Appellant contends that the word attorney is in the singular and not plural and also proffers for determination F.S.A. §
905.19 under the heading "Duty of prosecuting attorney". Again, appellant contends the word "attorney" is in the singular and states it is equally important that the disjunctive "or" is used rather than the conjunctive "and". Florida Statute
905.19 confers authority for the prosecuting attorney to attend all sessions of the grand jury....
...tion. However, a statute relating to procedure is remedial in nature in that it gives a remedy and tends to abridge some defect or superfluities of the common law. To give effect to the evident legislative intent in construing F.S.A. §§
905.17 and
905.19 we construe the statutes as being remedial in nature granting authority to the prosecuting attorney to appear before the grand jury. Without this authority the purpose and duties of the prosecuting attorney would be very much circumscribed. The legislature in promulgating F.S.A. §§
905.17 and
905.19 similarly imposed official duties upon prosecuting attorneys, and the presence of the assistant prosecuting attorney with the prosecuting attorney before the grand jury during the examination of evidence affords no grounds for setting aside an...
...NOTES [1] F.S.A. §
905.17 "Who may be present during sessions of grand jury. No person shall be present at the sessions of the grand jury except the witnesses under examination, the prosecuting attorney, and the interpreter, if any. * * *" [2] F.S.A. §
905.19 "Duty of prosecuting attorney....
CopyCited 7 times | Published | Supreme Court of Florida
...Several indictments were returned against Floyd T. Christian. He filed motions to dismiss the indictments on the grounds that, 1. The simultaneous presence of State Attorney Austin and his two assistants *297 before the grand jury constituted a violation of Fla. Stat. §
905.17(1) and
905.19, F.S.A., and 2....
...the Commissioner of Education. However, the District Court held that the indictments were subject to the motion to dismiss because the Assistant State Attorneys simultaneously appeared before the grand jury in violation of Fla. Stat. §§
905.17 and
905.19, F.S.A....
...in a sealed container not subject to public inspection. The notes, records, and transcriptions shall be released by the clerk *298 only on request by a grand jury for use by the grand jury or on order of the court pursuant to §
905.27." Fla. Stat. §
905.19, F.S.A., provides as follows: "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....
...It is perfectly clear that the conjunction `or' there employed means one or the other but not both. Further, there is nothing in the statute to suggest that the words `designated assistant' is intended to include the plural, allowing for more than one designated assistant. Florida Statute 905.19 also employs the conjunction `or' and the article `an'....
...torney were both present before the grand jurors at the same time for the purpose of examining witnesses in their presence and giving the grand jurors legal advice regarding the offense lodged against the appellant contrary to F.S.A. §§
905.17 and
905.19." (p....
...struction based on the strict letter of the statute would lead to an unintended result and would defeat the evident purpose of the legislation. Payne v. Payne, 1921,
82 Fla. 219,
89 So. 538." (pp. 317, 318) We hold that Fla. Stat. §§
905.17(1) and
905.19, F.S.A., authorized the presence of the State Attorney and one or more lawful and qualified Assistants to be present at the sessions of the Grand Jury to examine witnesses and give legal advice about any matter cognizable by the Grand Jury....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...aw and that unauthorized persons were present in the Grand Jury room during the time that evidence was presented which unauthorized persons actually conducted the interrogation of Petitioner before the Grand Jury in violation of F.S.
905.17(1) and F.S.
905.19....
...ll keep them in a sealed container not subject to public inspection. The notes, records, and transcriptions 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 §
905.27." and Section
905.19, which provides: "Duty of state attorney....
...It is perfectly clear that the conjunction "or" there employed means one or the other but not both. Further, there is nothing in the statute to suggest that the words "designated assistant" is intended to include the plural, allowing for more than one designated assistant. Florida Statute 905.19 also employs the conjunction "or" and the article "an"....
...vitiated for the reason that both the prosecuting attorney and one assistant prosecuting attorney were present before the Grand Jury at the same time. The court, in its opinion, found the above procedure not violative of Florida Statutes
905.17 and
905.19 as enacted by the Legislature in 1939, and as they existed at the time of the decision....
...ions of the grand jury except * * * the prosecuting attorney * * *." Florida Statute
905.17 (1970-1974) "No person shall be present at the sessions of the grand jury except * * * the state attorney or his designated assistant * * *." Florida Statute
905.19 (1939-1970) "The prosecuting attorney or assistant prosecuting attorney shall attend the grand jury * * *." Florida Statute
905.19 (1970-1974) "The state attorney or an assistant state attorney shall attend * * *." In view of the foregoing legislative amendments, a finding that Sections
905.17 and
905.19 authorize the presence before the Grand Jury of the State Attorney and two Assistant State Attorneys at the same time requires the following judicial amendments to the statutes in question. 1.
905.17 Strike "or" and insert in lieu thereof "and". 2.
905.17 Strike "assistant" and in lieu thereof insert "assistants". 3.
905.19 Strike "or" and in lieu thereof insert "and". 4.
905.19 Strike "an". 5.
905.19 Strike "attorney" and in lieu thereof insert "attorneys". 6.
905.19 Strike "shall" and in lieu thereof insert "may"....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17735
...REVERSED AND REMANDED for further proceedings not inconsistent with this opinion. OTT, Acting C. J., and CAMPBELL, J., concur. . The state attorney has the duty of attending sessions of the grand jury to examine witnesses and give legal advice about any matter cognizable by the grand jury. § 905.19, Fla.Stat. (1979). . The state attorney is expressly authorized to designate an assistant state attorney to attend sessions, examine witnesses, and give legal advice to a grand jury. § 905.19, Fla.Stat....
