Grand Jury Testimony and Materials

Florida Senate
-
2026

SB 1436

By
Senator Harrell

31-01079A-26 20261436__
1 A bill to be entitled
2 An act relating to grand jury testimony and materials;
3 amending s. 905.27, F.S.; defining terms; authorizing
4 a court to disclose certain grand jury testimony and
5 materials in certain circumstances to further justice;
6 creating s. 905.275, F.S.; requiring the clerk of
7 court to take possession of and preserve certain grand
8 jury materials; prohibiting a person from disposing of
9 or destroying such materials; defining the term
10 “materials”; requiring the clerk of court to maintain
11 a certain chain of custody list for such materials
12 during a grand jury proceeding in a specified manner;
13 providing that a redacted version of such list is a
14 public record; requiring the clerk of court to store
15 and provide access to such materials in a specified
16 manner; requiring the clerk to prohibit certain
17 persons from accessing or viewing such materials;
18 requiring the clerk to retain the chain of custody
19 list in a specified place and that such list document
20 specified information; requiring the state attorney
21 and his or her employees to preserve certain grand
22 jury materials; requiring the preserved materials to
23 be retained for a certain period of time; providing an
24 exception; requiring the Office of the State Courts
25 Administrator to adopt certain rules; authorizing the
26 Office of the State Courts Administrator to perform
27 inspections for certain purposes; requiring the
28 disclosure of and provision of access to certain
29 materials upon a court order; prohibiting a person
30 from intentionally destroying or altering grand jury
31 materials; providing criminal penalties; requiring the
32 Department of Law Enforcement to investigate alleged
33 violations of specified preservation requirements;
34 providing an effective date.
35
36 WHEREAS, this state has a precedent for unsealing historic
37 grand jury records in cases of injustice, including through the
38 procedures described in chapter 2024-7, Laws of Florida, and
39 WHEREAS, survivors of sexual abuse exploitation, capital
40 crimes, and other victimization are entitled to transparency,
41 accountability, and protection, and
42 WHEREAS, the review of grand jury proceedings in cases
43 pertaining to sexual abuse and capital crimes for potential
44 investigative or prosecutorial failures or other injustices may
45 improve the public’s trust in the courts of this state, NOW,
46 THEREFORE,
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 905.27, Florida Statutes, is amended to
51 read:
52 905.27 Testimony
and materials
not to be disclosed;
53 exceptions.—
54
(1)

As used in this section, the term:

55
(a)

“Immediate family member” has the same meaning as in s.

56
252.515(3).

57
(b)

“Sexual abuse” means an act of a sexual nature or

58
sexual act that may be prosecuted under any law of this state.

59
(c)

“Survivor” means a victim of an alleged crime of sexual

60
abuse or a capital crime who provided testimony, evidence, or

61
statements in connection with a grand jury proceeding relating

62
to such alleged crime. The term includes a victim of an alleged

63
crime of sexual abuse or a capital crime who was interviewed by

64
an investigator or prosecutor in preparation for a grand jury

65
proceeding even if the victim was not called to testify in the

66
proceeding.

67
(2)
(1)
Persons present or appearing during a grand jury
68 proceeding, including a grand juror, a state attorney, an
69 assistant state attorney, a reporter, a stenographer, or an
70 interpreter, as well as the custodian of a grand jury record,
71 may not disclose the testimony of a witness examined before the
72 grand jury
,

or
other evidence received by it
, or materials

73
preserved pursuant to s. 905.275(2)
except when required by a
74 court to disclose the testimony
or materials
for the purpose of:
75 (a) Ascertaining whether
testimony

it
is consistent with
76 the testimony given by the witness before the court;
77 (b) Determining whether the witness is guilty of perjury;
78 or
79 (c) Furthering justice, which can encompass furthering a
80 public interest when the disclosure is requested pursuant to
81 paragraph
(3)(c) or (d)

(2)(c)
.
82
(3)
(2)
It is unlawful for any person knowingly to publish,
83 broadcast, disclose, divulge, or communicate to any other
84 person, or knowingly to cause or permit to be published,
85 broadcast, disclosed, divulged, or communicated to any other
86 person, in any manner whatsoever, any testimony of a witness
87 examined before the grand jury
or any materials preserved

88
pursuant to s. 905.275(2)
, or the content, gist, or import
89 thereof, except when such testimony
or materials are or have

is

90
or has
been disclosed in any of the following circumstances:
91 (a) When a court orders the disclosure of such testimony
92 pursuant to subsection
(2)

(1)
for use in a criminal case, it
93 may be disclosed to the prosecuting attorney of the court in
94 which such criminal case is pending, and by the prosecuting
95 attorney to his or her assistants, legal associates, and
96 employees, and to the defendant and the defendant’s attorney,
97 and by the latter to his or her legal associates and employees.
98 However, the grand jury testimony afforded such persons by the
99 court can only be used in the defense or prosecution of the
100 criminal case and for no other purpose.
101 (b) When a court orders the disclosure of such testimony
102 pursuant to subsection
(2)

(1)
for use in a civil case, it may
103 be disclosed to all parties to the case and to their attorneys
104 and by the latter to their legal associates and employees.
105 However, the grand jury testimony afforded such persons by the
106 court can only be used in the defense or prosecution of the
107 civil case and for no other purpose.
108 (c) When a court orders the disclosure of such testimony
or

109
materials
pursuant to subsection
(2)

(1)
in response to a
110 request by the media or an interested person, regardless of
111 whether that purpose is for use in a criminal or civil case, it
112 may be disclosed so long as the subject of the grand jury
113 inquiry is deceased, the grand jury inquiry related to criminal
114 or sexual activity between the subject of the grand jury
115 investigation and a person who was a minor at the time of the
116 alleged criminal or sexual activity, the testimony
or materials

117
were

was
previously disclosed by a court order, and the state
118 attorney is provided notice of the request. This paragraph does
119 not limit the court’s ability to limit the disclosure of
120 testimony
or materials
, including, but not limited to,
121 redaction.
122
(d)

When a court orders the disclosure of such testimony or

123
materials pursuant to subsection (2) in response to a request by

124
a survivor or an immediate family member of a survivor,

125
regardless of whether that purpose is for use in a criminal or

126
civil case, the testimony or materials may be disclosed so long

127
as the subject of the grand jury inquiry is deceased and the

128
state attorney is provided notice of the request. This paragraph

129
does not limit the court’s ability to limit the disclosure of

130
testimony or materials, including, but not limited to,

131
redaction.

132
(4)
(3)
This section does not affect the attorney-client
133 relationship. A client has the right to communicate to his or
134 her attorney any testimony given by the client to the grand
135 jury, any matters involving the client discussed in the client’s
136 presence before the grand jury, and any evidence involving the
137 client received by or proffered to the grand jury in the
138 client’s presence.
139
(5)
(4)
A person who violates this section commits a
140 misdemeanor of the first degree, punishable as provided in s.
141 775.083, or by fine not exceeding $5,000, or both.
142
(6)
(5)
A violation of this section constitutes criminal
143 contempt of court.
144 Section 2. Section 905.275, Florida Statutes, is created to
145 read:
146
905.275

Preservation of grand jury materials.—

147
(1)

The clerk of court shall take possession of and

148
preserve all materials presented or created during a grand jury

149
proceeding. A person may not dispose of or destroy such

150
materials.

151
(2)

For purposes of this section, the term “materials”

152
includes all of the following:

153
(a)

Digital recordings.

154
(b)

Audio and video materials.

155
(c)

Paper records produced by members of the grand jury,

156
witnesses, and the court.

157
(d)

Any computer; hard drive; electronic storage device or

158
digital recording medium, including, but not limited to,

159
outdated media such as compact discs, DVDs, and floppy discs;

160
and electronic devices from which evidence is recovered during

161
an investigation that leads to a grand jury proceeding.

162
(e)

Subpoenas.

163
(f)

Any other materials, documents, storage devices, media,

164
and data associated with a grand jury proceeding.

165
166
The term “materials” does not include internal state attorney

167
work product, legal memoranda, or investigative intelligence not

168
presented to the grand jury or entered into the record.

169
(3)

The clerk of court shall:

170
(a)

Maintain a chain of custody list for grand jury

171
materials during each grand jury proceeding and restrict access

172
to such list. Such list must include the name of any person who

173
accesses the materials, the materials the person accessed, and

174
the time and date that the person accessed the materials. A

175
redacted version of the chain of custody document is a public

176
record.

177
(b)

Store all grand jury related materials that are in his

178
or her possession in secured, sealed containers and keep such

179
containers in a secure location in the courthouse that is free

180
from mold, water, dust, and other storage hazards.

181
(c)

Prohibit unauthorized persons, such as maintenance

182
personnel, visitors, and staff who are not employees of the

183
clerk of court, from accessing or viewing the stored materials.

184
(d)

Retain the chain of custody list outside the place in

185
which grand jury materials are stored which documents all of the

186
following:

187
1.

The name of any person who accesses the materials.

188
2.

The materials the person accessed.

189
3.

The time and date the person accessed the materials.

190
(4)

If the state attorney or any of his or her employees

191
possesses any of the materials described in subsection (2) which

192
were not presented to the grand jury or were not otherwise made

193
part of the court record, he or she shall preserve such

194
materials.

195
(5)

All materials preserved pursuant to this section must

196
be retained for 50 years after any criminal proceedings

197
associated with such materials have concluded unless a court

198
orders otherwise.

199
(6)

The Office of the State Courts Administrator shall

200
adopt uniform statewide rules for retention, management, and

201
storage of grand jury materials to ensure consistency and reduce

202
burdens on clerks of court. The Office of the State Courts

203
Administrator may perform inspections to confirm that clerks of

204
court are in compliance with this section.

205
(7)

A person or entity who possesses or stores any grand

206
jury materials as described in this section shall disclose and

207
provide access to such materials upon a court order pursuant to

208
s. 905.27.

209
(8)

Any person who intentionally destroys or alters any of

210
the materials described in subsection (2) commits a felony of

211
the third degree, as provided in s. 775.082, s. 775.083, or s.

212
775.084. The Department of Law Enforcement shall investigate

213
alleged violations of the preservation requirements in this

214
section.

215 Section 3. This act shall take effect July 1, 2026.