THE BILL ITSELF
HB 1225
Grand Jury Testimony and Materials
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A bill to be entitled
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An act relating to grand jury testimony and materials;
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amending s. 905.27, F.S.; providing definitions;
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authorizing a court to disclose certain grand jury
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testimony and materials in certain circumstances to
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further justice; creating s. 905.275, F.S.; requiring
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the clerk of court to take possession of and preserve
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certain grand jury materials; prohibiting a person
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from disposing of or destroying such materials;
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specifying the materials required to be preserved;
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requiring the clerk of court to maintain a chain of
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custody list for such materials during a grand jury
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proceeding; specifying the manner in which the clerk
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of court shall store and provide access to stored
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materials; prohibiting certain persons from accessing
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such materials; requiring documentation of an
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authorized person's access to such materials;
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requiring the state attorney and his or her employees
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to preserve certain grand jury materials; requiring
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preserved materials to be retained for a certain
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period of time; requiring the Office of the State
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Courts Administrator to adopt certain rules;
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authorizing the Office of the State Courts
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Administrator to perform inspections for certain
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purposes; requiring disclosure and provision of access
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to materials upon a court order; prohibiting the
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intentional destruction or alteration of grand jury
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materials; providing a penalty; requiring the
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Department of Law Enforcement to investigate alleged
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violations of preservation requirements; providing an
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effective date.
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WHEREAS, this state has a precedent for unsealing historic
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grand jury records in cases of injustice, including through the
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procedures described in chapter 2024-7, Laws of Florida, and
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WHEREAS, survivors of sexual abuse exploitation, capital
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crimes, and other victimization are entitled to transparency,
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accountability, and protection, and
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WHEREAS, the review of grand jury proceedings in cases
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pertaining to sexual abuse and capital crimes for potential
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investigative or prosecutorial failures or other injustices may
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improve the public's trust in the courts of this state, NOW,
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THEREFORE,
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 905.27, Florida Statutes, is amended to
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read:
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905.27 Testimony and materials not to be disclosed;
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exceptions.—
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(1) As used in this section, the term:
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(a) "Immediate family member" has the same meaning as in
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s. 252.515(3).
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(b) "Sexual abuse" means an act of a sexual nature or
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sexual act that may be prosecuted under any law of this state.
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(c) "Survivor" means a victim of an alleged crime of
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sexual abuse or a capital crime who provided testimony,
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evidence, or statements in connection with a grand jury
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proceeding relating to such alleged crime. The term includes a
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victim of an alleged crime of sexual abuse or a capital crime
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who was interviewed by an investigator or prosecutor in
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preparation for a grand jury proceeding even if the victim was
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not called to testify in the proceeding.
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(2)(1) Persons present or appearing during a grand jury
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proceeding, including a grand juror, a state attorney, an
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assistant state attorney, a reporter, a stenographer, or an
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interpreter, as well as the custodian of a grand jury record,
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may not disclose the testimony of a witness examined before the
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grand jury, or other evidence received by it, or materials
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preserved pursuant to s. 905.275 except when required by a court
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to disclose the testimony or materials for the purpose of:
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(a) Ascertaining whether testimony it is consistent with
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the testimony given by the witness before the court;
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(b) Determining whether the witness is guilty of perjury;
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or
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(c) Furthering justice, which can encompass furthering a
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public interest when the disclosure is requested pursuant to
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paragraph (3)(c) or (d) (2)(c).
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(3)(2) It is unlawful for any person knowingly to publish,
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broadcast, disclose, divulge, or communicate to any other
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person, or knowingly to cause or permit to be published,
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broadcast, disclosed, divulged, or communicated to any other
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person, in any manner whatsoever, any testimony of a witness
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examined before the grand jury or any materials preserved
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pursuant to s. 905.275, or the content, gist, or import thereof,
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except when such testimony or materials are or have is or has
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been disclosed in any of the following circumstances:
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(a) When a court orders the disclosure of such testimony
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pursuant to subsection (2) (1) for use in a criminal case, it
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may be disclosed to the prosecuting attorney of the court in
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which such criminal case is pending, and by the prosecuting
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attorney to his or her assistants, legal associates, and
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employees, and to the defendant and the defendant's attorney,
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and by the latter to his or her legal associates and employees.
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However, the grand jury testimony afforded such persons by the
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court can only be used in the defense or prosecution of the
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criminal case and for no other purpose.
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(b) When a court orders the disclosure of such testimony
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pursuant to subsection (2) (1) for use in a civil case, it may
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be disclosed to all parties to the case and to their attorneys
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and by the latter to their legal associates and employees.
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However, the grand jury testimony afforded such persons by the
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court can only be used in the defense or prosecution of the
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civil case and for no other purpose.
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(c) When a court orders the disclosure of such testimony
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or materials pursuant to subsection (2) (1) in response to a
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request by the media or an interested person, regardless of
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whether that purpose is for use in a criminal or civil case, it
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may be disclosed so long as the subject of the grand jury
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inquiry is deceased, the grand jury inquiry related to criminal
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or sexual activity between the subject of the grand jury
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investigation and a person who was a minor at the time of the
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alleged criminal or sexual activity, the testimony or materials
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were was previously disclosed by a court order, and the state
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attorney is provided notice of the request. This paragraph does
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not limit the court's ability to limit the disclosure of
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testimony or materials, including, but not limited to,
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redaction.
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(d) When a court orders the disclosure of such testimony
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or materials pursuant to subsection (2) in response to a request
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by a survivor or an immediate family member of a survivor,
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regardless of whether that purpose is for use in a criminal or
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civil case, the testimony or materials may be disclosed so long
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as the subject of the grand jury inquiry is deceased and the
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state attorney is provided notice of the request. This paragraph
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does not limit the court's ability to limit the disclosure of
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testimony or materials, including, but not limited to,
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redaction.
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(4)(3) This section does not affect the attorney-client
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relationship. A client has the right to communicate to his or
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her attorney any testimony given by the client to the grand
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jury, any matters involving the client discussed in the client's
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presence before the grand jury, and any evidence involving the
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client received by or proffered to the grand jury in the
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client's presence.
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(5)(4) A person who violates this section commits a
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misdemeanor of the first degree, punishable as provided in s.
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775.083, or by fine not exceeding $5,000, or both.
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(6)(5) A violation of this section constitutes criminal
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contempt of court.
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Section 2. Section 905.275, Florida Statutes, is created
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to read:
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905.275 Preservation of grand jury materials.—
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(1) The clerk of court shall take possession of and
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preserve all materials presented or created during a grand jury
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proceeding. A person may not dispose of or destroy such
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materials.
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(2) For purposes of this section, the term "materials"
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includes all of the following:
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(a) Digital recordings.
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(b) Audio and video materials.
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(c) Paper records produced by members of the grand jury,
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witnesses, and the court.
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(d) Any computer; hard drive; electronic storage device or
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digital recording medium, including, but not limited to,
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outdated media such as compact discs, DVDs, and floppy discs;
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and electronic devices from which evidence is recovered during
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an investigation that leads to a grand jury proceeding.
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(e) Subpoenas.
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(f) Any other materials, documents, storage devices,
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media, and data associated with a grand jury proceeding.
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The term "materials" does not include internal state attorney
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work product, legal memoranda, or investigative intelligence not
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presented to the grand jury or entered into the record.
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(3) The clerk of court shall:
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(a) Maintain a chain of custody list for grand jury
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materials during each grand jury proceeding and restrict access
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to such list. Such list must include the name of any person who
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accesses the materials, the materials the person accessed, and
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the time and date that the person accessed the materials. A
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redacted version of the chain of custody document is a public
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record.
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(b) Store in secured, sealed containers all grand jury
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related materials that are in his or her possession and shall
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keep such containers in a secure location in the courthouse that
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is free from mold, water, dust, and other storage hazards.
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(c) Prohibit unauthorized persons, such as maintenance
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personnel, visitors, and staff who are not employees of the
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clerk of court, from accessing or viewing the stored materials.
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(d) Retain a chain of custody list outside the place in
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which grand jury materials are stored which documents all of the
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following:
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1. The name of any person who accesses the materials.
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2. The materials the person accessed.
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3. The time and date the person accessed the materials.
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(4) If the state attorney or any of his or her employees
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possesses any of the materials described in subsection (2) which
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were not presented to the grand jury or were not otherwise made
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part of the court record, he or she shall preserve such
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materials.
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(5) All materials preserved pursuant to this section must
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be retained for 50 years after any criminal proceedings
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associated with such materials have concluded unless a court
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orders otherwise.
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(6) The Office of the State Courts Administrator shall
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adopt uniform statewide rules for retention, management, and
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storage of grand jury materials to ensure consistency and reduce
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burdens on clerks of court. The Office of the State Courts
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Administrator may perform inspections to confirm that clerks of
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court are in compliance with this section.
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(7) A person or entity who possesses or stores any grand
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jury materials as described in this section shall disclose and
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provide access to such materials upon a court order pursuant to
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s. 905.27.
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(8) Any person who intentionally destroys or alters any of
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the materials described in subsection (2) commits a felony of
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the third degree, as provided in s. 775.082, s. 775.083, or s.
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775.084. The Department of Law Enforcement shall investigate
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alleged violations of the preservation requirements in this
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section.
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Section 3. This act shall take effect July 1, 2026.