Florida 2023 Regular Session

Florida House Bill H0851 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 851 2023
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to disclosure of grand jury testimony; 2
16	16	amending s. 905.27, F.S.; revising the list of persons 3
17	17	prohibited from disclosing the testimony of a witness 4
18	18	examined before a grand jury or other evidence it 5
19	19	receives; creating an exception for a request by the 6
20	20	media or an interested person to the prohibited 7
21	21	publishing, broadcasting, disclosing, divulging, or 8
22	22	communicating of any testimony of a witness e xamined 9
23	23	before the grand jury, or the content, gist, or import 10
24	24	thereof; providing criminal penalties; providing 11
25	25	construction; making technical changes; reenacting s. 12
26	26	905.17(1) and (2), F.S., relating to who may be 13
27	27	present during a session of a grand jury, to 14
28	28	incorporate the amendment made to s. 905.27, F.S., in 15
29	29	references thereto; providing an effective date. 16
30	30	17
31	31	Be It Enacted by the Legislature of the State of Florida: 18
32	32	19
33	33	Section 1. Section 905.27, Florida Statutes, is amended to 20
34	34	read: 21
35	35	905.27 Testimony not to be disclosed; exceptions. — 22
36	36	(1) Persons present or appearing during a grand jury 23
37	37	proceeding, including a grand juror, a state attorney, an 24
38	38	assistant state attorney, a reporter, a stenographer, or an 25
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47	47	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
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51	51	interpreter, as well as the custodian of a gran d jury record, 26
52	52	may not or any other person appearing before the grand jury 27
53	53	shall not disclose the testimony of a witness examined before 28
54	54	the grand jury or other evidence received by it except when 29
55	55	required by a court to disclose the testimony for the purpo se 30
56	56	of: 31
57	57	(a) Ascertaining whether it is consistent with the 32
58	58	testimony given by the witness before the court; 33
59	59	(b) Determining whether the witness is guilty of perjury; 34
60	60	or 35
61	61	(c) Furthering justice , which can encompass furthering a 36
62	62	public interest when the disclosure is requested pursuant to 37
63	63	paragraph (2)(c). 38
64	64	(2) It is unlawful for any person knowingly to publish, 39
65	65	broadcast, disclose, divulge, or communicate to any other 40
66	66	person, or knowingly to cause or permit to be published, 41
67	67	broadcast, disclosed, divulge d, or communicated to any other 42
68	68	person, in any manner whatsoever, any testimony of a witness 43
69	69	examined before the grand jury, or the content, gist, or import 44
70	70	thereof, except when such testimony is or has been disclosed in 45
71	71	a court proceeding in any of the following circumstances: . 46
72	72	(a) When a court orders the disclosure of such testimony 47
73	73	pursuant to subsection (1) for use in a criminal case, it may be 48
74	74	disclosed to the prosecuting attorney of the court in which such 49
75	75	criminal case is pending, and by the prosec uting attorney to his 50
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77	77	HB 851 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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
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86	86
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88	88	or her assistants, legal associates, and employees, and to the 51
89	89	defendant and the defendant's attorney, and by the latter to his 52
90	90	or her legal associates and employees. However, the grand jury 53
91	91	testimony afforded such persons by the cour t can only be used in 54
92	92	the defense or prosecution of the criminal case and for no other 55
93	93	purpose. 56
94	94	(b) When a court orders the such disclosure of such 57
95	95	testimony is ordered by a court pursuant to subsection (1) for 58
96	96	use in a civil case, it may be disclosed to all parties to the 59
97	97	case and to their attorneys and by the latter to their legal 60
98	98	associates and employees. However, the grand jury testimony 61
99	99	afforded such persons by the court can only be used in the 62
100	100	defense or prosecution of the civil or criminal case and for no 63
101	101	other purpose whatsoever. 64
102	102	(c) When a court orders the disclosure of such testimony 65
103	103	pursuant to subsection (1) in response to a request by the media 66
104	104	or an interested person, regardless of whether that purpose is 67
105	105	for use in a criminal or civil case , it may be disclosed so long 68
106	106	as the subject of the grand jury inquiry is deceased, the grand 69
107	107	jury inquiry related to criminal or sexual activity between a 70
108	108	subject of the grand jury investigation and a person who at the 71
109	109	time was a minor, the testimony was previously disclosed by a 72
110	110	court order, and the state attorney is provided notice of the 73
111	111	request. This paragraph does not limit the court's ability to 74
112	112	limit the disclosure of testimony, including, but not limited 75
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121	121	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
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125	125	to, redaction. 76
126	126	(3) Nothing in This section does not shall affect the 77
127	127	attorney-client relationship. A client has shall have the right 78
128	128	to communicate to his or her attorney any testimony given by the 79
129	129	client to the grand jury, any matters involving the client 80
130	130	discussed in the client's presence before the grand jury, and 81
131	131	any evidence involving the client received by or proffered to 82
132	132	the grand jury in the client's presence. 83
133	133	(4) A person who violates Persons convicted of violating 84
134	134	this section commits shall be guilty of a misdemeanor of the 85
135	135	first degree, punishable as provided in s. 775.083, or by fine 86
136	136	not exceeding $5,000, or both. 87
137	137	(5) A violation of this section constitutes shall 88
138	138	constitute criminal contempt of court. 89
139	139	Section 2. For the purpose of incorporating the amendment 90
140	140	made by this act to section 905.27, Florida Statutes, in 91
141	141	references thereto, subsections (1) and (2) of section 905.17, 92
142	142	Florida Statutes, are reenacted to read: 93
143	143	905.17 Who may be present during session of grand jury. — 94
144	144	(1) No person shall be present at the sessions of the 95
145	145	grand jury except the witness under examination, one attorney 96
146	146	representing the witness for the sole purpose of advising and 97
147	147	consulting with the witness, the state attorney and her or his 98
148	148	assistant state attorneys, designated assistants as provided for 99
149	149	in s. 27.18, the court reporter or stenographer, and the 100
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158	158	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
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162	162	interpreter. The stenographic records, notes, and transcriptions 101
163	163	made by the court reporter or stenographer shall be filed with 102
164	164	the clerk who shall keep them in a sealed container not subject 103
165	165	to public inspection. The notes, records, and transcriptions are 104
166	166	confidential and exempt from the provisions of s. 119.07(1) and 105
167	167	s. 24(a), Art. I of the State Constitution and shall be released 106
168	168	by the clerk only on request by a grand jury for use by the 107
169	169	grand jury or on order of the court pursuant to s. 905.27. 108
170	170	(2) The witness may be represented before the grand jury 109
171	171	by one attorney. This provision is permissive only and does not 110
172	172	create a right to counsel for the grand jury witness. The 111
173	173	attorney for the witness shal l not be permitted to address the 112
174	174	grand jurors, raise objections, make arguments, or otherwise 113
175	175	disrupt proceedings before the grand jury. The attorney for the 114
176	176	witness shall be permitted to advise and counsel the witness and 115
177	177	shall be subject to the provisio ns of s. 905.27 in the same 116
178	178	manner as all who appear before the grand jury. An attorney or 117
179	179	law firm may not represent more than one person or entity in an 118
180	180	investigation before the same grand jury or successive grand 119
181	181	juries in the same investigation. 120
182	182	Section 3. This act shall take effect July 1, 2023. 121