Florida/Georgia Personal Injury & Workers Compensation

...The jurisdiction of the Statewide Grand Jury is limited to certain crimes which have `* * * occurred, in two or more counties as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more counties.' Section 905.34, Fla....

...cuted, to wit: when any such offense is occurring or has occurred, in two or more judicial circuits as part of a related transaction or when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits. § 905.34, Fla....

...In State v. Ostergard, 343 So.2d 874 (Fla. 3d DCA 1977), the defendants were indicted by a statewide grand jury for gambling offenses and moved to dismiss the indictments because they involved only crimes occurring in Dade County. (The 1977 version of section 905.34 was substantially similar to the above except that it used the term "counties" instead of "judicial circuits.") The third district found that the indictments were defective and held that absent the proper jurisdictional allegations on...

...the Statewide Grand Jury is limited to certain crimes which have "* * * occurred, in two or more counties as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more counties." Section 905.34, Fla....

...es on gambling related offenses, the fact that the offenses were facially alleged to have been committed in only one county (Dade) should have no bearing on the validity of the indictments. In response to appellant's contention, appellees quote from Section 905.34, Florida Statutes (1973), which in part provides that: "[T]he subject matter jurisdiction of the statewide grand jury shall be limited to the offences of bribery, burglary, criminal fraud, criminal usury, extortion, gambling, kidnappin...

...The jurisdiction of the Statewide Grand Jury is limited to certain crimes which have "* * * occurred, in two or more counties as part of a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more counties." Section 905.34, Fla....

...The Finesse was seized in Portugal in 1988. The appellant first claims that the state failed to prove that the statewide grand jury had jurisdiction to return an indictment charging the appellant with trafficking in cocaine and conspiracy to commit murder. Section 905.34, Florida Statutes (1993), limits the jurisdiction of the statewide grand jury to the enumerated crimes, "when any such offense is occurring, or has occurred, in two or more judicial circuits as part of a related transaction or when any...

...ulticounty nature." Section 905.33(1), Florida Statutes. The power of the jury to indict for individual offenses as a result of its investigation of multicounty criminal activity is not however restricted to crimes committed in more than one county. Section 905.34, Florida Statutes, states that the subject matter jurisdiction of the state-wide grand jury shall be limited to the offenses of bribery, burglary, criminal fraud, criminal usury, extortion, gambling, kidnapping, larceny, murder, prosti...

...advise it accordingly. In short when a duly ordered and empanelled statewide grand jury returns an indictment for one of the enumerated crimes we think it may be presumed that it conducted its investigation within the jurisdictional requirements of Section 905.34, Florida Statutes....

...more judicial circuits as part of a related transaction, or when any such offense is affecting or has affected two or more judicial circuits as provided by general law. [7] § 16.56, Fla. Stat. (1991). [8] The term "criminal fraud" is also found in section 905.34, Florida Statutes (1991), which defines the subject matter jurisdiction of the statewide grand jury.

...er dismissing, for lack of subject matter jurisdiction, a statewide grand jury’s perjury indictment against a school district superintendent. The state primarily argues that the circuit court erred in granting the superintendent’s motion because section 905.34, Florida Statutes (2020), empowers a statewide grand jury to indict a person for perjury which occurred “in two or more judicial circuits as part of a related transaction,” and the indictment here satisfied those jurisdictional elements....

...E JUDICIAL CIRCUITS IN THE STATE OF FLORIDA AS PART OF A RELATED TRANSACTION …. (emphases added). The superintendent filed a motion to dismiss the indictment. The superintendent primarily argued that the indictment did not satisfy section 905.34, Florida Statutes (2020)—the statute governing a statewide grand jury’s jurisdiction. Section 905.34 pertinently provides: The jurisdiction of a statewide grand jury impaneled under this chapter shall extend throughout the state....

...county where the offense was committed. The powers and duties of, and law applicable to, county grand juries shall apply to a statewide grand jury except when such powers, duties, and law are inconsistent with the provisions of ss. 905.31-905.40. § 905.34, Fla....

...Jury lacks the authority and subject matter jurisdiction to indict the [superintendent] based on alleged conduct that occurred in a single judicial circuit. The [superintendent] argues this position is supported by [section] 905.34[, Florida Statutes (2020),] as well as McNamara v[.] State, 357 So....

...n regard to a material matter in violation of [section] 837.02(1)[, Florida Statutes (2020),] AND ALL SAID OFFENSES OCCURRED IN TWO OR MORE JUDICIAL CIRCUITS IN THE STATE OF FLORIDA AS PART OF A RELATED TRANSACTION …. [Section] 905.34 creates the authority and subject matter jurisdiction of the Statewide Grand Jury and expressly states “[t]he subject matter jurisdiction of the Statewide Grand Jury shall be limited” to the offenses listed in the statute “when any such...

...jurisdictional allegations on the face of the indictment[]” that “dismissal was proper.” Id. … This Court finds nothing on the face of the indictment in the present case that charges the [superintendent] with any crime listed in [section] 905.34[,] that occurred in two or more judicial circuits as part of a related transaction or any crime that is connected with an organized criminal conspiracy affecting two or more judicial circuits....

...a crime committed in … Broward [County]. The Legislature might have given the Statewide Grand Jury such power but it did not.” [357 So. 2d at 413] (emphasis added). Pursuant to [section] 905.34[,] … McNamara[,] and Ostergard[,] if a Statewide Grand Jury finds evidence of a local crime it must forward that evidence to the Grand Jury or State Attorney for that judicial circuit as those are the only authorities...

...lack of subject matter jurisdiction] is GRANTED. 4. This Appeal This appeal followed. The state primarily argues that the circuit court erred in granting the superintendent’s motion to dismiss for lack of subject matter jurisdiction, because section 905.34, Florida Statutes (2020), empowers a statewide grand jury to indict a person for perjury which occurred “in two or more judicial circuits as part of a related transaction,” and the indictment here satisfies those jurisdictional elements. The superintendent pertinently responds: “[Section] 905.34[, Florida Statutes (2020),] establishes clear limitations on the subject matter jurisdiction of a statewide grand jury to offenses that are occurring, or have occurred, in two or more judicial circuits as part of a related transaction....

...extent the offense at issue “is occurring, or has occurred, in two or more judicial circuits as part of a related transaction” or “is connected with an organized criminal conspiracy affecting two or more judicial circuits.” § 905.34, Fla....

...McNamara v. State, 357 So. 2d 410, 413–14 (Fla. 1978). 343 So. 3d at 588. Here, we conclude the “enumerated offense” at issue—the alleged perjury—“occurred, in two or more judicial circuits as part of a related transaction.” § 905.34, Fla....

...false communication from the superintendent to the statewide grand jurors occurred simultaneously in all three circuits. The superintendent’s response also is countered by the mere existence of “perjury” as one of the enumerated offenses referenced in section 905.34. The Legislature, by including “perjury” as one of the enumerated offenses referenced in section 905.34, necessarily recognized “perjury” can occur “in two or more judicial circuits as part of a related transaction,” and not just in the single circuit where the speaker “makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter.” §§ 905.34 & 837.02(1), Fla....

...Nothing in this opinion should be construed as commenting on the indictment’s merits. 9  We note the state’s alternative arguments for reversal—that the superintendent’s alleged phone call to the witness, who was located in Miami-Dade County, further supported section 905.34 jurisdiction, or that the statewide grand jury somehow possessed non-textual “inherent authority” to seek to punish perjury committed in the statewide grand jury’s presence—lack merit without further discussion. Reversed an...

...ied. WENTWORTH and JOANOS, JJ., concur. . An indictment by the Statewide Grand Jury is required to allege that the offenses took place in more than one county. McNamara v. State, 357 So.2d 410 (Fla.1978); State v. Ostergar, 360 So.2d 414 (Fla.1978). Section 905.34, Florida Statutes, provides in part; The statewide grand jury may return indictments and presentments irrespective of the county or judicial circuit where the offense is committed or triable....

...to certain enumerated offenses, to the extent the offense at issue “is occurring, or has occurred, in two or more judicial circuits as part of a related transaction” or “is connected with an organized criminal conspiracy affecting two or more judicial circuits.” § 905.34, Fla....

...1943) (“In Florida, the grand jury system was derived from the common law, but has been enlarged by statute.” (citation omitted)). Our Legislature codified the practice of issuing grand jury reports or presentments when it enacted the Statewide Grand Jury Act. See § 905.34, Fla....

...6  As we have already concluded, the grand jury acted within the ambit of the broad authority granted by our supreme court to investigate these issues of statewide significance and “make presentments” as expressly contemplated by section 905.34. Some of the petitioners urge us to adopt a substantive interpretation of the “unlawful” prong which would prevent a statewide grand jury from including any reference to witness testimony as “unlawful” given the secrecy of grand jury investigations....

...Although the Statewide Grand Jury Act generally incorporates the laws applicable to county grand 8 juries, the Act expressly excepts any such laws that “are inconsistent with the provisions of [the Act].” See § 905.34, Fla....

...statute are inconsistent regarding the permissible disclosure of grand jury proceedings in a report or presentment. Accordingly, we hold that the county grand jury statute—section 905.27—is not applicable in statewide grand jury proceedings. See § 905.34, Fla....

...Otherwise, a statewide grand jury would never be able to issue an indictment, referral, or presentment because it would be unable to disclose anything about the proceedings to anyone despite the express statutory authorization for the statewide grand jury to “return indictments and presentments.” See § 905.34, Fla....

...certain enumerated criminal offenses, to the extent any such offense “is occurring, or has occurred, in two or more judicial circuits as part of a related transaction” or “is connected with an organized criminal conspiracy affecting two or more judicial circuits.” § 905.34, Fla....

...The supreme court authorized the statewide grand jury to “investigate crime, return indictments, make presentments, and otherwise perform all functions of [a] grand jury.” It limited the scope of the statewide grand jury’s inquiry to “any offense listed in section 905.34” that (1) “relates to, but is not limited to,” the specific issues identified in the Governor’s petition and (2) “is occurring, or has occurred, in two or more judicial circuits as part of a related transaction or is connected with an organized criminal conspiracy affecting two or more judicial circuits, as required by section 905.34, Florida Statutes.” Despite these limitations, the statewide grand jury’s investigation and final report focused primarily on school safety and management issues within individual school districts. Some of the petitioners therefore argue that the statewide grand jury exceeded the scope of its jurisdiction. The statewide grand jury’s authority to return indictments was clearly limited by its subject matter jurisdiction as defined in section 905.34....

...her judicial inquiries. 352 So. 2d at 522-23. 4 I therefore agree with the majority that the statewide grand jury’s authority to investigate and make public reports was broader than its jurisdiction to return indictments as defined in section 905.34 and that its final report does not exceed that authority....

...I also agree with the majority that the references on pages 73 and 114 of the report must be expunged because those references contain allegations of criminal activity beyond the scope of the statewide grand jury’s subject matter jurisdiction as defined in section 905.34. Disclosures of Witness Testimony I disagree with the majority’s conclusion that the disclosures of witness testimony in the statewide grand jury’s final report are not prohibited by section 905.27 or 905.395....

...775.084. The Legislature has also provided that statewide grand juries are subject to the laws applying to county grand juries, in addition to the provisions of the Statewide Grand Jury Act, unless those laws are “inconsistent with the provisions of” the Act. § 905.34(13), Fla....

circuits, as its jurisdiction is defined in section 905.34, Florida Statutes (2018). In other words, the

...73-132, Laws of Florida), provides for the empaneling of a statewide grand jury by the Florida Supreme Court, upon the petition, in writing, of the governor, to investigate and return indictments or presentments with respect to crimes or wrongs of a multi-county nature. Sections 905.33 and 905.34 ....

...Section 905.37 (3), supra. It provides also that "[t]he powers and duties of and law applicable to county grand juries shall apply to a statewide grand jury except when such powers, duties and law are inconsistent with the provisions of this chapter." (Emphasis supplied.) Section 905.34 , id....