Opinion
Case No. SC09-1910.
November 30, 2009.
THE COURT, having considered the Petition of the Honorable Charles J. Crist, Jr., Governor of Florida, for an order to impanel a statewide grand jury, and being fully advised of the relevant matters, hereby finds that the petition does not meet the minimal allegations required by section 905.33, Florida Statutes.See § 905.33, Fla. Stat. (2009) ("The petition shall state the general crimes or wrongs to be inquired into and shall state that said crimes or wrongs are of a multicircuit nature.").
WHEREFORE, because pursuant to the provisions of Sections 905.31 through 905.40, Florida Statutes, "Statewide Grand Jury Act," the minimum requirements to impanel a statewide grand jury have not been established, the Petition is denied. The denial is without prejudice for Petitioner to refile a sufficient petition. See In re Advisory Opinion to the Governor, 290 So. 2d 473, 474-475 (Fla. 1974) (discussing the minimal requirements, under the act, for a petition for impanelment);Statewide Grand Jury #18, Case No. SC07-1128 (June 20, 2007) (issuing an order impaneling a statewide grand jury, based on a petition that met the minimal requirements of § 905.33, Florida Statutes).
QUINCE, C.J., and PARIENTE, LEWIS, POLSTON, LABARGA, and PERRY, JJ., concur.
CANADY, J., dissents.