HB 851 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to disclosure of grand jury testimony; 2
amending s. 905.27, F.S.; revising the list of persons 3
prohibited from disclosing the testimony of a witness 4
examined before a grand jury or other evidence it 5
receives; creating an exception for a request by the 6
media or an interested person to the prohibited 7
publishing, broadcasting, disclosing, divulging, or 8
communicating of any testimony of a witness e xamined 9
before the grand jury, or the content, gist, or import 10
thereof; providing criminal penalties; providing 11
construction; making technical changes; reenacting s. 12
905.17(1) and (2), F.S., relating to who may be 13
present during a session of a grand jury, to 14
incorporate the amendment made to s. 905.27, F.S., in 15
references thereto; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 905.27, Florida Statutes, is amended to 20
read: 21
905.27 Testimony not to be disclosed; exceptions. — 22
(1) Persons present or appearing during a grand jury 23
proceeding, including a grand juror, a state attorney, an 24
assistant state attorney, a reporter, a stenographer, or an 25
HB 851 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
interpreter, as well as the custodian of a gran d jury record, 26
may not or any other person appearing before the grand jury 27
shall not disclose the testimony of a witness examined before 28
the grand jury or other evidence received by it except when 29
required by a court to disclose the testimony for the purpo se 30
of: 31
(a) Ascertaining whether it is consistent with the 32
testimony given by the witness before the court; 33
(b) Determining whether the witness is guilty of perjury; 34
or 35
(c) Furthering justice , which can encompass furthering a 36
public interest when the disclosure is requested pursuant to 37
paragraph (2)(c). 38
(2) It is unlawful for any person knowingly to publish, 39
broadcast, disclose, divulge, or communicate to any other 40
person, or knowingly to cause or permit to be published, 41
broadcast, disclosed, divulge d, or communicated to any other 42
person, in any manner whatsoever, any testimony of a witness 43
examined before the grand jury, or the content, gist, or import 44
thereof, except when such testimony is or has been disclosed in 45
a court proceeding in any of the following circumstances: . 46
(a) When a court orders the disclosure of such testimony 47
pursuant to subsection (1) for use in a criminal case, it may be 48
disclosed to the prosecuting attorney of the court in which such 49
criminal case is pending, and by the prosec uting attorney to his 50
HB 851 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or her assistants, legal associates, and employees, and to the 51
defendant and the defendant's attorney, and by the latter to his 52
or her legal associates and employees. However, the grand jury 53
testimony afforded such persons by the cour t can only be used in 54
the defense or prosecution of the criminal case and for no other 55
purpose. 56
(b) When a court orders the such disclosure of such 57
testimony is ordered by a court pursuant to subsection (1) for 58
use in a civil case, it may be disclosed to all parties to the 59
case and to their attorneys and by the latter to their legal 60
associates and employees. However, the grand jury testimony 61
afforded such persons by the court can only be used in the 62
defense or prosecution of the civil or criminal case and for no 63
other purpose whatsoever. 64
(c) When a court orders the disclosure of such testimony 65
pursuant to subsection (1) in response to a request by the media 66
or an interested person, regardless of whether that purpose is 67
for use in a criminal or civil case , it may be disclosed so long 68
as the subject of the grand jury inquiry is deceased, the grand 69
jury inquiry related to criminal or sexual activity between a 70
subject of the grand jury investigation and a person who at the 71
time was a minor, the testimony was previously disclosed by a 72
court order, and the state attorney is provided notice of the 73
request. This paragraph does not limit the court's ability to 74
limit the disclosure of testimony, including, but not limited 75
HB 851 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to, redaction. 76
(3) Nothing in This section does not shall affect the 77
attorney-client relationship. A client has shall have the right 78
to communicate to his or her attorney any testimony given by the 79
client to the grand jury, any matters involving the client 80
discussed in the client's presence before the grand jury, and 81
any evidence involving the client received by or proffered to 82
the grand jury in the client's presence. 83
(4) A person who violates Persons convicted of violating 84
this section commits shall be guilty of a misdemeanor of the 85
first degree, punishable as provided in s. 775.083, or by fine 86
not exceeding $5,000, or both. 87
(5) A violation of this section constitutes shall 88
constitute criminal contempt of court. 89
Section 2. For the purpose of incorporating the amendment 90
made by this act to section 905.27, Florida Statutes, in 91
references thereto, subsections (1) and (2) of section 905.17, 92
Florida Statutes, are reenacted to read: 93
905.17 Who may be present during session of grand jury. — 94
(1) No person shall be present at the sessions of the 95
grand jury except the witness under examination, one attorney 96
representing the witness for the sole purpose of advising and 97
consulting with the witness, the state attorney and her or his 98
assistant state attorneys, designated assistants as provided for 99
in s. 27.18, the court reporter or stenographer, and the 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
interpreter. The stenographic records, notes, and transcriptions 101
made by the court reporter or stenographer shall be filed with 102
the clerk who shall keep them in a sealed container not subject 103
to public inspection. The notes, records, and transcriptions are 104
confidential and exempt from the provisions of s. 119.07(1) and 105
s. 24(a), Art. I of the State Constitution and shall be released 106
by the clerk only on request by a grand jury for use by the 107
grand jury or on order of the court pursuant to s. 905.27. 108
(2) The witness may be represented before the grand jury 109
by one attorney. This provision is permissive only and does not 110
create a right to counsel for the grand jury witness. The 111
attorney for the witness shal l not be permitted to address the 112
grand jurors, raise objections, make arguments, or otherwise 113
disrupt proceedings before the grand jury. The attorney for the 114
witness shall be permitted to advise and counsel the witness and 115
shall be subject to the provisio ns of s. 905.27 in the same 116
manner as all who appear before the grand jury. An attorney or 117
law firm may not represent more than one person or entity in an 118
investigation before the same grand jury or successive grand 119
juries in the same investigation. 120
Section 3. This act shall take effect July 1, 2023. 121