Florida/Georgia Personal Injury & Workers Compensation

...As such, appellees argue that in order for a statewide grand jury indictment to be valid, the statutory prerequisites of subject matter jurisdiction must be facially visible. "We agree with appellees' contention. Because of the general secrecy and confidentiality which surrounds a grand jury proceeding (Section 905.24, Florida Statutes [1975]) in order for a proper evaluation of an indictment to be made by a defendant, it becomes necessary that proper jurisdictional allegations be made on the face of said indictment....

...Concededly, the matters contained in a transcript or the minutes of Grand Jury proceedings cannot ordinarily be reached by the discovery process under our Rules of Criminal Procedure. This is so because of the bands of secrecy contemplated by the provisions of § 905.24 et seq., F.S.A....

...A grand jury is ordinarily under no obligation to announce the purpose of any investigation it undertakes, but here the prosecution stipulated in the trial court that the contempt charge was predicated on petitioner's refusal to answer questions asked in the course of an investigation of a violation of Section 905.24, Florida Statutes (1975). [8] In keeping with the stipulation, we are bound to conclude that the grand jury was not investigating a criminal matter because Section 905.24, Florida Statutes (1975), does not make criminal the conduct it proscribes....

...See Section 905.27(2), Florida Statutes (1975) ("unlawful for any person knowingly to publish ... testimony of a witness examined before the grand jury ..."). Likewise grand jurors must be free in their deliberations to express their opinions without fear of retribution. See Sections 905.24-.25, Florida Statutes (1975)....

...Morgan's having been found guilty of an offense which is not supported by the evidence in the record. The probata simply did not meet the allegata. Relevant portions of the newspaper report asserted by the state to support the grand jury inquiry under Section 905.24, Florida Statutes (1975), are set forth in footnote 1 to the majority opinion. By stipulation the issues were confined to those concerning Section 905.24, Florida Statutes (1975). Petitioner explicitly pleaded "not guilty to the charge of contempt of a proceeding of the grand jury investigating a violation of Section 905.24, Florida Statutes." See footnote 8 to the majority opinion. Counsel for petitioner took great pains in both written and oral motions to clarify precisely the charge against his client. Section 905.24, Florida Statutes (1975), provides: "Grand jury proceedings are secret, and a grand juror shall not disclose the nature of or substance of the deliberations or vote of the grand jury." (Emphasis supplied) *958 On the other hand, Sectio...

...asis supplied) It is apparent that the allegedly offending matters contained in the newspaper report relate only to the report or presentment of the grand jury and not to their deliberations or vote. It is clear from the statutory scheme of Sections 905.24 through 905.28, Florida Statutes (1975), that the several functions of the grand jury system are dealt with separately and explicitly, and varying prohibitions are imposed with respect to each, i.e., deliberations or vote of grand jurors (Section 905.24); testimony in court by a grand juror as to the vote of jurors or opinions expressed by them (Section 905.25); disclosure of the finding of an indictment by anyone privy to the grand jury proceedings prior to the arrest of the person i...

...Morgan argued that the state attorney had no authority to ask the questions she had not answered, and that she was therefore within her rights in refusing. The state attorney took the position that the questions were proper, because asked in the course of a criminal investigation, namely, into apparent violations of Section 905.24, Florida Statutes (1975). This section provides as follows: Grand jury proceedings are secret, and a grand juror shall not disclose the nature or substance of the deliberations or vote of the grand jury. The District Court reasoned that Section 905.24, Florida Statutes (1975) failed to define a crime, under the established Florida rule that a criminal statute, which does not specify a penalty, must either denominate as unlawful the conduct it proscribes, or designate the misconduct a misdemeanor, in order to be effective....

...Caldwell, were considered with Branzburg v. Hayes, 408 U.S. 665, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972). [8] This statute is set out in full ante p. 952 n. 2. The prosecutor stated on the record, "If we wish to confine the issues to those concerning 905.24, the State is prepared to do so at this time and will proceed within that frame of reference." (R. 48-49) Petitioner pleaded "not guilty to the charge of contempt of a proceeding of the Grand Jury investigating a violation of Section 905.24, Florida Statutes." (R....

...769; also the other cases cited in the annotation in 102 A.L.R. at page 771. It is the policy of the law to shield the proceedings of grand juries from public scrutiny. The oath of a grand juror binds him to secrecy. Section 905.10, F.S.A. The proceedings of a grand jury are to be kept secret. Section 905.24, F.S.A....

...of their rights of access to information about the operation of their government, including the Judicial Branch." Id., at 584, 100 S.Ct. at 2831 (Stevens, J., concurring). [9] Some proceedings are closed by statute. For example see Florida Statutes, Section 905.24 (grand jury proceedings); Section 934.08 (information gained through wiretaps)....

...As such, appellees argue that in order for a statewide grand jury indictment to be valid, the statutory prerequisites of subject matter jurisdiction must be facially visible. We agree with appellees' contention. Because of the general secrecy and confidentiality which surrounds a grand jury proceeding [Section 905.24, Florida Statutes (1975)] in order for a proper evaluation of an indictment to be made by a defendant, it becomes necessary that proper jurisdictional allegations be made on the face of said indictment....

...." (Emphasis added.) as authority for the proposition that grand jury testimony must be recorded. The reliance is misplaced. F.S. 905.17, F.S.A., refers to who may be present at grand jury sessions — rather than who must. F.S. 905.27, F.S.A., only provides exceptions to the secrecy rule of F.S. 905.24 (1971), F.S.A., and in so doing reiterates the types of persons who may attend grand jury sessions....

...ccess to the grand jury's activities. The state attorney, on that same day, caused appellant to appear before him in what he advised was an "investigation" into that leak. He announced at the time that specifically he was looking into a violation of § 905.24, F.S....

...We reversed the finding of contempt in that case on the narrow ground that the "investigation" then being conducted by the state attorney, and during which the appellant refused to answer the questions posed, was an unauthorized investigation and thus could not form the basis for a contemptuous act before it. Section 905.24, supra, the precise statute involved therein, provides as follows: " Proceedings of grand jury to be kept secret....

...glect). The grand jury's conclusion was "proper" within the meaning of section 905.28(1). Officer Barber next contends that the disclosure of witnesses and the substance of their actual testimony violates section 905.27, Florida Statutes (1995). [3] Section 905.24, Florida Statutes (1995), mandates the secrecy of grand jury proceedings....

...("The deliberations of the [public employees relations] commission in any proceeding before it are closed and exempt from the provisions of [Sunshine Law]"); § 489.107, Fla. Stat. (allowing qualified members to join in deliberations during disciplinary proceedings); § 905.24, Fla....

...he transcripts; since Judge Esquiroz was not present at the time he obtained the transcripts, the judge was not a witness to the contemptuous act and, consequently, may not hold Linowitz in direct criminal contempt. We reject this argument. Sections 905.24 and 905.27, Florida Statutes (1985) make all testimony and proceedings before the grand jury secret unless disclosure is ordered by the court, § 905.27(1)....

...is bound to follow it while it is in force, or face the consequences for its violation. See Vizzi, at 619; Rubin v. State, 490 So.2d 1001 (Fla.3d DCA 1986). Linowitz was bound by the trial court's order, which denied him access to the files, and by section 905.24, which made the transcripts secret absent a court order to the contrary....

...cognized that secrecy is necessary to the efficient operation of the Grand Jury. (Clein v. State, Sup.Ct.Fla. 1961, 52 So.2d 117) No less than four sections of the current Florida Statutes impose the secrecy requirement on Grand Jury proceedings. (F.S. 905.24-905.27) Only three exceptions to this requirement are mentioned in the Florida Statutes....

...ded that the subject matter of the in camera hearing came within the secrecy conferred upon grand jury sessions and proceedings as set forth in Chapter 905, Florida Statutes (1983), and thereupon denied petitioner's motion to release the transcript. Section 905.24, Florida Statutes (1983), provides "Grand Jury proceedings are secret......

...with "grand jury session" as defined in Section 905.17 Florida Statutes. [1] Therefore, petitioner concludes that since the grand jury was not in session, the in camera hearing could not have been a grand jury proceeding which is secret pursuant to Section 905.24....

...dict for is a judicial proceeding in a court of justice." (Emphasis supplied.) In re Grand Jury Investigation, 287 So.2d 43, 46 (Fla. 1973). Petitioner correctly asserts that the public has a common law right to attend judicial proceedings. However, Section 905.24, Florida Statutes, creates an exception to that general rule when the judicial proceeding is a grand jury proceeding....

...and Section 905.18; or the court considers a motion to expunge a grand jury report, Section 905.28. A review of the foregoing statutes satisfies us that the term "grand jury proceedings" includes matters ancillary to the grand jury session, and that Section 905.24 requires the secrecy of such proceedings to remain inviolate....

...The committee notes to this section demonstrate that the committee intended to close such hearings. See also In re Grand Jury Empanelled March 8, 1983, 579 F. Supp. 189 (E.D.Tenn. 1984). We hold that a hearing ancillary or related to a grand jury session constitutes a proceeding which comes within the protection of Section 905.24, supra....

...Appellant urges that because section 905.17(1), Florida Statutes (1979), restricts those present during grand jury sessions, section 27.04 should be similarly restrictive. [7] Of *383 course, the purpose of the former statute is to maintain the secrecy of grand jury proceedings and to shield them from public scrutiny. See § 905.24, Fla....

...Upon appellant's refusal to identify her source, the State Attorney sought a court order requiring her to supply this information. At the hearing the State Attorney advised that he was conducting the investigation of a possible violation of Fla. Stat. 905.24 (1973)....

...Nevertheless, it is clear that the subject matter of his interrogation must be confined to violations of the criminal law. Barnes v. State, Fla. 1951, 58 So.2d 157. In the instant case, the State Attorney specifically announced that his interrogation was directed to determining possible violations of Fla. Stat. 905.24 (1973)....

...Since the valid language of the act did not declare the doing of the things proscribed therein either to be unlawful or to be a misdemeanor, the court held that the act did not delineate an offense punishable under the criminal laws of the state. Florida Statute 905.24 (1973) reads as follows: "Grand jury proceedings are secret, and a grand juror shall not disclose the nature or substance of the deliberations or vote of the grand jury." *554 As in Taulty v....

...ale, for respondent. PER CURIAM. The State of Florida seeks certiorari review of a non-final order which granted a motion by a criminal defendant to disclose the grand jury testimony of a witness. Grand jury testimony ordinarily is kept secret, § 905.24, Fla....

...Banks, Esq., Tallahassee, for respondent. ERVIN, Judge. We grant the state's petition for writ of certiorari relating to an order granting respondent's motion for production of the witness list and minutes of the grand jury that indicted him. Grand jury proceedings are secret. § 905.24, Fla....

...If a class of documents was not made confidential by statute or rule on that date, they would not be confidential unless later classified as confidential by a supermajority of the legislature. Id. § 24(c). But the legislature had provided for the confidentiality of grand jury proceedings on that date. § 905.24, Fla....

...in a court proceeding. . . . .... (4) Persons convicted of violating this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083, or by fine not exceeding $5,000, or both. See also § 905.24, Fla....

PER CURIAM. As to the request for grand jury minutes, see section 905.24, Florida Statutes (1995); State v....

...been made confidential by law. 2 In Florida, criminal offenses are charged by indictment or information. An indictment is returned by a grand jury while an information charging the commission of a crime is filed by the state attorney. 3 Pursuant to section 905.24 , Florida Statutes: "Grand jury proceedings are secret, and a grand juror or an interpreter appointed pursuant to s....