Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 234
       
       
       
       
       
       
                                Ì408730ÇÎ408730                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2024           .                                
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       The Committee on Rules (Polsky) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 36 - 76
    4  and insert:
    5         (c) Furthering justice, which can encompass furthering a
    6  public interest when the disclosure is requested pursuant to
    7  paragraph (2)(c).
    8         (2) It is unlawful for any person knowingly to publish,
    9  broadcast, disclose, divulge, or communicate to any other
   10  person, or knowingly to cause or permit to be published,
   11  broadcast, disclosed, divulged, or communicated to any other
   12  person, in any manner whatsoever, any testimony of a witness
   13  examined before the grand jury, or the content, gist, or import
   14  thereof, except when such testimony is or has been disclosed in
   15  any of the following circumstances: a court proceeding.
   16         (a) When a court orders the disclosure of such testimony
   17  pursuant to subsection (1) for use in a criminal case, it may be
   18  disclosed to the prosecuting attorney of the court in which such
   19  criminal case is pending, and by the prosecuting attorney to his
   20  or her assistants, legal associates, and employees, and to the
   21  defendant and the defendant’s attorney, and by the latter to his
   22  or her legal associates and employees. However, the grand jury
   23  testimony afforded such persons by the court can only be used in
   24  the defense or prosecution of the criminal case and for no other
   25  purpose.
   26         (b) When a court orders the such disclosure of such
   27  testimony is ordered by a court pursuant to subsection (1) for
   28  use in a civil case, it may be disclosed to all parties to the
   29  case and to their attorneys and by the latter to their legal
   30  associates and employees. However, the grand jury testimony
   31  afforded such persons by the court can only be used in the
   32  defense or prosecution of the civil or criminal case and for no
   33  other purpose whatsoever.
   34         (c) When a court orders the disclosure of such testimony
   35  pursuant to subsection (1) in response to a request by the media
   36  or an interested person, regardless of whether that purpose is
   37  for use in a criminal or civil case, it may be disclosed so long
   38  as the subject of the grand jury inquiry is deceased, the grand
   39  jury inquiry is related to criminal or sexual activity between
   40  the subject of the grand jury investigation and a person who was
   41  a minor at the time of the alleged criminal or sexual activity,
   42  the testimony was previously disclosed by a court order, and the
   43  state attorney is provided notice of the request. This paragraph
   44  does not limit the court’s ability to limit the disclosure of
   45  testimony, including, but not limited to, redaction.