Florida Senate - 2022 SENATOR AMENDMENT Bill No. CS for SB 552 Ì918938[Î918938 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/04/2022 04:27 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Polsky moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 214 and 215 4 insert: 5 Section 6. Subsections (1) and (2) of section 905.27, 6 Florida Statutes, are amended to read: 7 905.27 Testimony not to be disclosed; exceptions.— 8 (1) A grand juror, state attorney, assistant state 9 attorney, reporter, stenographer, interpreter, clerk of court, 10 or any other person appearing before the grand jury shall not 11 disclose the testimony of a witness examined before the grand 12 jury or other evidence received by it except when required by a 13 court to disclose the testimony for the purpose of: 14 (a) Ascertaining whether it is consistent with the 15 testimony given by the witness before the court; 16 (b) Determining whether the witness is guilty of perjury; 17 or 18 (c) Furthering justice. 19 (2) It is unlawful for any person knowingly to publish, 20 broadcast, disclose, divulge, or communicate to any other 21 person, or knowingly to cause or permit to be published, 22 broadcast, disclosed, divulged, or communicated to any other 23 person, in any manner whatsoever, any testimony of a witness 24 examined before the grand jury, or the content, gist, or import 25 thereof, except when such testimony is or has been disclosed in 26 a court proceeding. When a court orders the disclosure of such 27 testimony pursuant to subsection (1) for use in a criminal case, 28 it may be disclosed to the prosecuting attorney of the court in 29 which such criminal case is pending, and by the prosecuting 30 attorney to his or her assistants, legal associates, and 31 employees, and to the defendant and the defendant’s attorney, 32 and by the latter to his or her legal associates and employees. 33 When such disclosure is ordered by a court pursuant to 34 subsection (1) for use in a civil case, it may be disclosed to 35 all parties to the case and to their attorneys and by the latter 36 to their legal associates and employees. However, the grand jury 37 testimony afforded such persons by the court can only be used in 38 the defense or prosecution of the civil or criminal case and for 39 no other purpose whatsoever. When a court orders the disclosure 40 of such testimony pursuant to subsection (1) in response to a 41 request by the media or other interested person, it may be 42 disclosed so long as the subject of the grand jury inquiry is 43 deceased, and the testimony was previously disclosed to law 44 enforcement. 45 46 ================= T I T L E A M E N D M E N T ================ 47 And the title is amended as follows: 48 Delete line 30 49 and insert: 50 have specified capabilities; amending s. 905.27, F.S.; 51 prohibiting a clerk of court from disclosing testimony 52 given or evidence received before a grand jury unless 53 certain conditions exist; authorizing the disclosure 54 of testimony given during a grand jury under specified 55 conditions; providing an effective