Florida Statute 905.28 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 905
GRAND JURY

View Entire Chapter

F.S. 905.28

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.

F.S. 905.28 on Google Scholar

F.S. 905.28 on CourtListener

Amendments to 905.28

Annotations, Discussions, Cases:

Cases Citing Statute 905.28

Total Results: 29

Morgan v. State

337 So. 2d 951, 1 Media L. Rep. (BNA) 2589

Supreme Court of Florida | Filed: Jul 30, 1976 | Docket: 1735024

Cited 30 times | Published

interest was a private interest in reputation. Section 905.28, Florida Statutes (1975), forbids disclosure

In Re Grand Jury Proceedings--Subpoena to State Attorney's Office. Thomas H. Greene, Dawson A. McQuaig Jake Godbold, Don McClure Intervenors

832 F.2d 554

Court of Appeals for the Eleventh Circuit | Filed: Dec 10, 1987 | Docket: 812315

Cited 13 times | Published

Greene each waived his right under Fla. Stat. § 905.28(1) (1985) to suppress the report. The report,

Miami Herald Pub. Co. v. Marko

352 So. 2d 518, 3 Media L. Rep. (BNA) 1542

Supreme Court of Florida | Filed: Nov 17, 1977 | Docket: 1757528

Cited 13 times | Published

initially and directly upheld the validity of Section 905.28(1), Florida Statutes (1975).[1] At issue is

Barber v. INTERIM REPORT OF GRAND JURY

689 So. 2d 1182, 1997 Fla. App. LEXIS 2129, 1997 WL 106448

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 1739353

Cited 4 times | Published

"improper or unlawful" within the meaning of section 905.28(1), Florida Statutes (1995), so it may be made

In Re Grand Jury (Freeport Sch. Project) Winter Term 1988

544 So. 2d 1104, 1989 WL 61543

District Court of Appeal of Florida | Filed: Jun 13, 1989 | Docket: 1301236

Cited 3 times | Published

appeal from the denial of a motion brought under Section 905.28, Florida Statutes (1987), by appellant, Hilton

In Re Report of Grand Jury, Jefferson Cty., Fla., Spring Term 1987

533 So. 2d 873, 1988 WL 113840

District Court of Appeal of Florida | Filed: Oct 28, 1988 | Docket: 1656553

Cited 3 times | Published

State, 35 Fla. 737, 18 So. 182, 186 (1895). Section 905.28, Florida Statutes (1986), authorizes a motion

Smith v. Butterworth

678 F. Supp. 1552, 1988 U.S. Dist. LEXIS 1189, 1988 WL 9990

District Court, M.D. Florida | Filed: Feb 2, 1988 | Docket: 1622164

Cited 2 times | Published

Florida Supreme Court has held constitutional Section 905.28(1), permitting repression of certain statements

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

considers a motion to expunge a grand jury report, Section 905.28. A review of the foregoing statutes satisfies

Kelly v. Sturgis

453 So. 2d 1179

District Court of Appeal of Florida | Filed: Aug 9, 1984 | Docket: 1163545

Cited 2 times | Published

cause or without an accompanying indictment.[1] Section 905.28(1), Florida Statutes, enacted in 1973, provides:

Philpitt v. Weintraub

377 So. 2d 247

District Court of Appeal of Florida | Filed: Dec 4, 1979 | Docket: 423596

Cited 2 times | Published

these circumstances constitutes a violation of Section 905.28(1) Fla. Stat. (1977). We accordingly affirm

State v. Womack

127 So. 3d 839, 42 Media L. Rep. (BNA) 1323, 2013 WL 6282881, 2013 Fla. App. LEXIS 19068

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236888

Cited 1 times | Published

At issue in this case is the application of section 905.28(1), Florida Statutes (2012), which provides:

RPC v. Grand Jury Presentment

971 So. 2d 289

District Court of Appeal of Florida | Filed: Jan 14, 2008 | Docket: 1445884

Cited 1 times | Published

general public without notice to Republic. Section 905.28(1), Florida Statutes, provides: *291 A report

Gervin v. Andrews

826 So. 2d 504, 2002 WL 31114883

District Court of Appeal of Florida | Filed: Sep 25, 2002 | Docket: 1197777

Cited 1 times | Published

an individual concerned in *509 the report. See § 905.28, Fla. Stat. (2001). The supreme court based its

MPI v. Monroe County Grand Jury Report

558 So. 2d 139, 1990 WL 26642

District Court of Appeal of Florida | Filed: Mar 13, 1990 | Docket: 1361330

Cited 1 times | Published

Judge. This is an appeal taken pursuant to section 905.28, Florida Statutes (1987), from a trial court

IN RE: FINAL REPORT OF THE 20TH STATEWIDE GRAND JURY CASE 8 vs

District Court of Appeal of Florida | Filed: Jun 15, 2022 | Docket: 63385774

Published

jury’s report from public view pursuant to section 905.28, Florida Statutes (2018). 2 We conclude that

Doe v. Palm Beach County Fall Term 2006 Grand Jury Presentment Part B

981 So. 2d 684, 2008 Fla. App. LEXIS 8124, 2008 WL 2261735

District Court of Appeal of Florida | Filed: Jun 4, 2008 | Docket: 64854852

Published

*685Appellant filed a motion in the trial court under section 905.28(1), Florida Statutes (2006), to expunge parts

Roe v. Grand Jury

970 So. 2d 498, 2007 Fla. App. LEXIS 20103, 2007 WL 4409705

District Court of Appeal of Florida | Filed: Dec 19, 2007 | Docket: 1695025

Published

the partial denial of a motion brought under section 905.28(1), Florida Statutes (2006), to repress or

In re Grand Jury Investigation of the Florida Department of Health & Rehabilitative Services

659 So. 2d 347, 1995 Fla. App. LEXIS 3610, 1995 WL 156825

District Court of Appeal of Florida | Filed: Apr 11, 1995 | Docket: 64758323

Published

the partial denial of a motion brought under Section 905.28(1), Florida Statutes (1991), to repress or

Grand Jury Fall Term v. City of St. Petersburg

624 So. 2d 291, 1993 WL 309150

District Court of Appeal of Florida | Filed: Aug 13, 1993 | Docket: 64742959

Published

necessity to seal the presentment pursuant to section 905.28, Florida Statutes (1991). The City filed a

In re Report of the Grand Jury, Jefferson County, Flordia, Spring Term, 1987

559 So. 2d 248, 1990 Fla. App. LEXIS 1743, 1990 WL 28177

District Court of Appeal of Florida | Filed: Mar 16, 1990 | Docket: 64649482

Published

the report of a grand jury is set forth in section 905.28, Florida Statutes, which provides: (1) No report

In re Grand Jury Presentment

548 So. 2d 721, 14 Fla. L. Weekly 1792, 16 Media L. Rep. (BNA) 2204, 1989 Fla. App. LEXIS 4456

District Court of Appeal of Florida | Filed: Aug 2, 1989 | Docket: 64644807

Published

Appellants immediately filed motions pursuant to section 905.-28(1), Florida Statutes,1 to repress the presentment

State v. Grand Jury, Fall Term 1986

535 So. 2d 696, 14 Fla. L. Weekly 137, 1988 Fla. App. LEXIS 5795, 1988 WL 139094

District Court of Appeal of Florida | Filed: Dec 28, 1988 | Docket: 64639271

Published

Grand Jury, filed a motion as contemplated by section 905.28, Florida Statutes (1985), to expunge the following

State v. Grand Jury, Fall Term 1986

535 So. 2d 696, 14 Fla. L. Weekly 137, 1988 Fla. App. LEXIS 5795, 1988 WL 139094

District Court of Appeal of Florida | Filed: Dec 28, 1988 | Docket: 64639271

Published

Grand Jury, filed a motion as contemplated by section 905.28, Florida Statutes (1985), to expunge the following

In re Grand Jury Presentment

534 So. 2d 905, 13 Fla. L. Weekly 2673, 1988 Fla. App. LEXIS 5477, 1988 WL 131112

District Court of Appeal of Florida | Filed: Dec 9, 1988 | Docket: 64638958

Published

presentment could be repressed pursuant to section 905.28(1), Florida Statutes (1987). Review of the

Moore v. 1986 Grand Jury Report on Public Housing

532 So. 2d 1103, 13 Fla. L. Weekly 2320, 1988 Fla. App. LEXIS 4513, 1988 WL 103868

District Court of Appeal of Florida | Filed: Oct 11, 1988 | Docket: 64638046

Published

portions of the subject grand jury report under. Section 905.28(1), Florida Statutes (1987), and challenges

Tribune Co. v. State

528 So. 2d 51, 13 Fla. L. Weekly 1547, 15 Media L. Rep. (BNA) 1963, 1988 Fla. App. LEXIS 3014, 1988 WL 67262

District Court of Appeal of Florida | Filed: Jul 1, 1988 | Docket: 64635875

Published

events and the trial court’s order implicate section 905.28(1), Florida Statutes (1987), which provides

A.J. Spagnol Lumber Co. v. Trauger

423 So. 2d 956, 1982 Fla. App. LEXIS 22189

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 64594082

Published

Clause and the statute which implements it (R.S. § 905, 28 U.S.C. § 687, 28 U.S.C.A. § 687) require the judgments

Appeal of Untreiner

391 So. 2d 272, 1980 Fla. App. LEXIS 18223

District Court of Appeal of Florida | Filed: Dec 2, 1980 | Docket: 64579232

Published

the entire Presentment under Section 905.28, Fla.Stat. (1977). Section 905.28(1) provides that a Grand Jury

Green v. Investigation of the Liberty County School System

370 So. 2d 63, 1979 Fla. App. LEXIS 14895

District Court of Appeal of Florida | Filed: Apr 24, 1979 | Docket: 64569904

Published

Chief Judge. This appeal is taken pursuant to Section 905.28(1), Florida Statutes (1977), from an order