Leon County Circuit Judge J. Lee Marsh issued an order Wednesday granting the Florida Center for Government Accountability and its publication, the Florida Trident, a limited right to intervene in court proceedings related to a secret grand jury presentment in the ongoing Hope Florida investigation.
The ruling marks a significant step in the effort to bring transparency to a process that has so far unfolded almost entirely outside of public view.
FLCGA and the Trident sought to intervene after reporting on the existence of a grand jury presentment. The State Attorney in Leon County declined to release the report, citing statutory confidentiality under section 905.28, Florida Statutes. While that law shields the contents of a presentment under certain circumstances, the media organization argued that it does not authorize closing court proceedings themselves or concealing the existence of a case from the public.
In granting limited intervention, the court recognized the right of the press and public to be heard on issues of access, including whether any proceedings or records should remain sealed.
The intervention sought by FLCGA and the Florida Trident was grounded in longstanding Florida law which grants the right of the media to participate in proceedings concerning grand jury presentments and imposes strict procedural safeguards before any closure or sealing of a court hearing.
FLCGA argued that without intervention, the public could be entirely excluded from a judicial process involving potential findings of misconduct by public officials or entities receiving public funds — raising the possibility that the presentment and any related judicial action could be resolved in secrecy.
The court’s order does not grant full party status but allows FLCGA and the Trident to appear for the limited purpose of challenging confidentiality and advocating for public access to court proceedings and records.
“This is a critical first step toward ensuring the public is not shut out of a judicial process of significant public concern,” Barbara Petersen, CEO of FLCGA and Publisher of the Florida Trident said in a statement.
“Florida law is clear that court proceedings are presumptively open, and any departure from that standard must be justified with specific findings and narrowly tailored to serve a compelling interest.”
It remains unclear when the court will next take up the issue of whether the presentment or related proceedings will be made public.
The Hope Florida matter has drawn increasing scrutiny in recent weeks after the Trident first reported on the existence of the grand jury presentment, raising questions surrounding the scope and findings of the grand jury’s work as well as efforts by individuals seeking to keep the report hidden from public view.
“With intervention now granted, we intend to press for answers and for the public’s right to know about this dark chapter in Florida’s Sunshine Laws,” Petersen said.
Michael Barfield is an award-winning investigative reporter who helps strengthen transparency and accountability across Florida. He assists reporters and the public with public records questions and requests, and he oversees and supports the organization’s litigation to enforce open government. He’s a frequent lecturer on Florida’s Public Records Act and Sunshine Law, serves on the governance committee of Investigative Reporters & Editors, and is a member of the Society of Professional Journalists. Barfield is a former President of the ACLU of Florida, a life member of the Florida Association of Criminal Defense Lawyers, and has twice been named by Sarasota Magazine as one of the most influential people in Sarasota. He lives in Sarasota with his wife, Iru. The Florida Trident is an investigative news outlet focusing on government accountability and transparency across Florida. The Trident was created and first published in 2022 by the Florida Center for Government Accountability, a non-profit organization that facilitates local investigative reporting across the state.