Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for HB 397
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Polsky moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 154 and 155
    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.
   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 31
   49  and insert:
   50         implement certain technology; amending s. 905.27,
   51         F.S.; prohibiting a clerk of court from disclosing
   52         testimony given or evidence received before a grand
   53         jury unless certain conditions exist; authorizing the
   54         disclosure of testimony given during a grand jury
   55         under specified conditions; providing an effective