US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Florida Statutes » Title V - Judicial Branch » Chapter 40 - Juries; Payment of Jurors and Due Process Costs

40.001 – Chief Judge; Authority; Duties.

40.001 Chief judge; authority; duties.—The chief judge of each judicial circuit is vested with overall authority and responsibility for the management, operation, and oversight of the jury system within his or her circuit. However, in accordance with this chapter and chapter 905, the clerk of the circuit court has specific responsibilities regarding the processing of jurors, […]

40.01 – Qualifications of Jurors.

40.01 Qualifications of jurors.—Jurors shall be taken from the male and female persons at least 18 years of age who are citizens of the United States and legal residents of this state and their respective counties and who possess a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles pursuant […]

40.011 – Jury Lists.

40.011 Jury lists.— (1) A clerk of the court shall generate a set of juror candidate lists derived from the source lists described in s. 40.01. The source name lists and the juror candidate lists shall be maintained as specified in this chapter and in accordance with the juror selection plan approved in s. 40.225. (2) Pursuant to […]

40.013 – Persons Disqualified or Excused From Jury Service.

40.013 Persons disqualified or excused from jury service.— (1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state, territory, or country of bribery, forgery, perjury, larceny, or any other offense that is a felony in this state or which if it had […]

40.015 – Jury Districts; Counties Exceeding 50,000.

40.015 Jury districts; counties exceeding 50,000.— (1) In any county having a population exceeding 50,000 according to the last preceding decennial census and one or more locations in addition to the county seat at which the county or circuit court sits and holds trials, the chief judge, with the approval of a majority of the county commissioners, […]

40.02 – Selection of Jury Lists.

40.02 Selection of jury lists.— (1) The chief judge or the chief judge’s designee shall direct the clerk of the court to select, by lot and at random, a sufficient number of names, with their addresses, from the initial juror candidate list of persons who are qualified to serve as jurors under s. 40.01 and to generate […]

40.022 – Clerk to Purge Jury Selection Lists; Restoration.

40.022 Clerk to purge jury selection lists; restoration.— (1) To ensure that the juror candidates summoned satisfy the requirements of ss. 40.01 and 40.013, each clerk of the circuit court shall, upon receipt of the list of persons in the department database from the Department of Highway Safety and Motor Vehicles and at least once each month […]

40.221 – Drawing Jury Venire.

40.221 Drawing jury venire.—A clerk of the court, under supervision of a judge of any court of record, shall, in a manner deemed to produce a result by lot and at random, select from the final juror candidate list such number of persons as he or she deems necessary or expedient for a jury venire, to […]

40.225 – Jury Selection Plan.

40.225 Jury selection plan.— (1) Pursuant to s. 40.001, the chief judge of each circuit shall review and consent to the process for selecting juror candidates within his or her circuit. The clerk of court shall implement an automated electronic system in which the names of prospective jurors and other data pertinent thereto shall be maintained for […]

40.23 – Summoning Jurors.

40.23 Summoning jurors.— (1) The clerk of the court shall generate a venire as prescribed in s. 40.221 and shall summon the persons named in such venire to attend court as jurors at least 14 days prior to the sitting of such court by mailing to each person so named in the venire a written notice, addressed […]

40.231 – Jury Pools.

40.231 Jury pools.—When persons named in a jury venire generated by the clerk are summoned to attend a court as jurors, they may be placed in a jury pool from which the court may draw persons to serve as jurors. Persons placed in said jury pool may, when authorized by the court as an alternative to […]

40.235 – Juror Accommodations.

40.235 Juror accommodations.—Whenever jurors are required by law or by order of court to be kept together during the conduct of a trial or while considering their verdict, or whenever by order of court lodging is required to be furnished juries, separate lodging and restroom facilities shall be provided for jurors of different sexes; and, under […]

40.24 – Compensation and Reimbursement Policy.

40.24 Compensation and reimbursement policy.— (1) The compensation policy of this chapter shall be to prevent financial hardship being imposed upon any juror because of performance of juror service. (2) Juror service constitutes being summoned and reporting for jury service as well as actual service on a jury. Juror service does not include days for which the juror […]

40.26 – Meals and Lodging for Jurors.

40.26 Meals and lodging for jurors.—The sheriff, when required by order of the court, shall provide juries with meals and lodging, the expense to be paid by the clerk of the circuit court. History.—s. 1, ch. 3860, 1889; RS 1162; GS 1587; s. 10, ch. 7838, 1919; RGS 2789; CGL 4475; s. 15, ch. 2008-111.

40.271 – Jury Service.

40.271 Jury service.— (1) No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any cause because of the nature or length of service upon such jury. (2) Threats of dismissal from employment for any […]

40.29 – Payment of Due-Process Costs; Reimbursement for Petitions and Orders.

40.29 Payment of due-process costs; reimbursement for petitions and orders.— (1) Each clerk of the circuit court, on behalf of the state attorney, private court-appointed counsel, the public defender, and the criminal conflict and civil regional counsel, shall forward to the Justice Administrative Commission, by county, a quarterly estimate of funds necessary to pay for ordinary witnesses, […]

40.31 – Justice Administrative Commission May Apportion Appropriation.

40.31 Justice Administrative Commission may apportion appropriation.—If the Justice Administrative Commission has reason to believe that the amount appropriated by the Legislature is insufficient to meet the expenses of witnesses during the remaining part of the state fiscal year, the commission may apportion the money in the treasury for that purpose among the several counties, basing […]

40.32 – Clerks to Disburse Money; Payments to Jurors and Witnesses.

40.32 Clerks to disburse money; payments to jurors and witnesses.— (1) All moneys drawn from the treasury under the provisions of this chapter by the clerk of the court shall be disbursed by the clerk of the court as far as needed in payment of witnesses, except for expert witnesses paid under a contract or other professional […]

40.33 – Deficiency.

40.33 Deficiency.—If the funds required for payment of the items enumerated in s. 40.29(1) in any county during a quarterly fiscal period exceeds the amount of the funds provided pursuant to s. 40.29(3), the state attorney, public defender, or criminal conflict and civil regional counsel, as applicable, shall make a further request upon the Justice Administrative […]

40.34 – Clerks to Make Triplicate Payroll.

40.34 Clerks to make triplicate payroll.— (1) The clerk of the court shall make out a payroll in triplicate for the payment of witnesses, which payroll shall contain: (a) The name of each witness entitled to be paid with state funds; (b) The number of days for which the witnesses are entitled to be paid; (c) The number of miles […]