Florida SB 1436: Human Trafficking

Bill Text

1436 
Grand Jury Testimony and Materials 
2026-01-08T07:07:08Z 
Authorizing a court to disclose certain grand jury testimony and materials in certain circumstances to further justice; requiring the clerk of court to take possession of and preserve certain grand jury materials; requiring the clerk of court to maintain a certain chain of custody list for such materials during a grand jury proceeding in a specified manner; requiring the state attorney and his or her employees to preserve certain grand jury materials, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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 disclo