Chapter 40 — Chapter 40
24 sections in this chapter.
Fla. Stat. § 40.001 Chief judge; authority; duties
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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 spe…
Fla. Stat. § 40.01 Qualifications of jurors
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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…
Fla. Stat. § 40.011 Jury lists
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(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 approve…
Fla. Stat. § 40.013 Persons disqualified or excused from jury service
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(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 been committed…
Fla. Stat. § 40.015 Jury districts; counties exceeding 50,000
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(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 cou…
Fla. Stat. § 40.02 Selection of jury lists
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(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 g…
Fla. Stat. § 40.022 Clerk to purge jury selection lists; restoration
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(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…
Fla. Stat. § 40.221 Drawing jury venire
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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 be retu…
Fla. Stat. § 40.225 Jury selection plan
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(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 p…
Fla. Stat. § 40.23 Summoning jurors
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(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, address…
Fla. Stat. § 40.231 Jury pools
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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…
Fla. Stat. § 40.235 Juror accommodations
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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 …
Fla. Stat. § 40.24 Compensation and reimbursement policy
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(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 d…
Fla. Stat. § 40.26 Meals and lodging for jurors
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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.
Fla. Stat. § 40.271 Jury service
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(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 employ…
Fla. Stat. § 40.29 Payment of due-process costs; reimbursement for petitions and orders
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(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 neces…
Fla. Stat. § 40.31 Justice Administrative Commission may apportion appropriation
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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 pur…
Fla. Stat. § 40.32 Clerks to disburse money; payments to jurors and witnesses
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(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 services agreement …
Fla. Stat. § 40.33 Deficiency
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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 appli…
Fla. Stat. § 40.34 Clerks to make triplicate payroll
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(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 m…
Fla. Stat. § 40.355 Accounting and payment
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The clerk of the court shall, within 2 weeks after the last day of the state’s quarterly fiscal period, render to the state attorney, the public defender, and the criminal conflict and civil regional counsel in each circuit a full statement of accounts for state moneys received a…
Fla. Stat. § 40.361 Applicability of laws regarding state budgeting and finances
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The requirements contained within chapter 216, including the provisions of s. 216.192 related to release of funds, chapter 29, including ss. 29.015 and 29.016 related to use of contingency funds for due process services, and all other laws of this state relating to state budgetin…
Fla. Stat. § 40.41 Petit jurors; length of service
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The length of the term of service for a petit juror shall not exceed 1 day unless the juror is assigned to or impaneled on a trial that is not completed in 1 day or unless the court orders otherwise. Petit jurors awaiting assignment to a trial must be discharged as early as possi…
Fla. Stat. § 40.50 Jury duty and instructions in civil cases
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(1) In any civil action immediately after the jury is sworn, the court shall instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions of witnesses, and the legal issues involved in the proceeding.(2) In any civ…