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Florida Statutes, Title V

Florida/Statutes

← All Florida coverage

Title V, Judicial Branch

13 chapters · 458 sections in this title.

All chapters in Title V458 Ch 39, Proceedings Relating to Children136 Ch 27, State Attorneys; Public Defenders; R…70 Ch 28, Clerks of the Circuit Courts52 Ch 30, Sheriffs43 Ch 25, Supreme Court26 Ch 40, Juries; Payment of Jurors and Due Pr…24 Ch 29, Court System Funding20 Ch 35, District Courts of Appeal19 Ch 34, County Courts17 Ch 44, Mediation Alternatives to Judicial A…15 Ch 38, Judges: General Provisions13 Ch 43, Courts: General Provisions12 Ch 26, Circuit Courts11

458 sections·Filtered byTitle V✕

Fla. Stat. § 39.903 Duties and functions of the department with respect to domestic violence
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The department shall:(1) Operate the domestic violence program and coordinate and administer statewide activities related to the prevention of domestic violence.(2) Receive and approve or reject applications for initial certification of domestic violence centers, and annually ren…
Fla. Stat. § 39.904 Report to the Legislature on the status of domestic violence cases
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On or before January 1 of each year, the department shall furnish to the President of the Senate and the Speaker of the House of Representatives a report on the status of domestic violence in this state, which must include, but need not be limited to, the following:(1) The incide…
Fla. Stat. § 39.905 Domestic violence centers
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(1) Domestic violence centers certified under this part must:(a) Provide a facility which will serve as a center to receive and house persons who are victims of domestic violence. For the purpose of this part, minor children and other dependents of a victim, when such dependents …
Fla. Stat. § 39.9055 Certified domestic violence centers; capital improvement grant program
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There is established a certified domestic violence center capital improvement grant program.(1) A certified domestic violence center as defined in s. 39.905 may apply to the department for a capital improvement grant. The grant application must provide information that includes:(…

Fla. Stat. § 39.9057 Unlawful disclosure of certified domestic violence center location; penalties

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Any person who maliciously publishes, disseminates, or discloses any descriptive information or image that may identify the location of a domestic violence center certified under s. 39.905 or who otherwise maliciously discloses the location of a center commits a:(1) Misdemeanor o…

Fla. Stat. § 39.906 Referral to centers and notice of rights

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Any law enforcement officer who investigates an alleged incident of domestic violence shall advise the victim of such violence that there is a domestic violence center from which the victim may receive services. The law enforcement officer shall give the victim immediate notice o…

Fla. Stat. § 39.908 Confidentiality of information received by department or domestic violence center

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(1) Information about clients received by the department or by authorized persons employed by or volunteering services to a domestic violence center, through files, reports, inspection, or otherwise, is confidential and exempt from the provisions of s. 119.07(1). Information abou…

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.History.—s. 1, ch. 3860, 1889; RS 1162; GS 1587; s. 10, ch. 7838, 1919; RGS 2789; CGL 4475; s. 15, ch. 2008-111.

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…

Fla. Stat. § 43.16 Justice Administrative Commission; membership, powers and duties

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(1) There is hereby created a Justice Administrative Commission, with headquarters located in the state capital. The necessary office space for use of the commission shall be furnished by the proper state agency in charge of state buildings. For purposes of the fees imposed on ag…

Fla. Stat. § 43.18 Money paid into court; withdrawal

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No moneys deposited as provided in 1s. 43.17, shall be withdrawn except on the voucher or check signed by the clerk of the court if the court has an authorized clerk and if not, by the judge. Every voucher or check shall state the cause in or on account of which it is drawn.Histo…

Fla. Stat. § 43.20 Judicial Qualifications Commission

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(1) PURPOSE.—The purpose of this section is to implement s. 12(b), Art. V of the State Constitution which provides for a Judicial Qualifications Commission.(2) MEMBERSHIP; TERMS.—The commission shall consist of 15 members. The members of the commission shall serve for terms of 6 …

Fla. Stat. § 43.26 Chief judge of circuit; selection; powers

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(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative supervision over all the trial courts within the judicial circuit and over the judges and other officers of such courts.(2) The chief judge of the circuit shall have the powe…

Fla. Stat. § 43.27 Office hours of clerks of court

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With the advice and consent of the chief judge of the circuit, the clerks of the courts of the several counties may establish the hours during which the office of clerk may be open to the public. The hours should conform as nearly as possible to the customary weekday hours of bus…

Fla. Stat. § 43.291 Judicial nominating commissions

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(1) Each judicial nominating commission shall be composed of the following members:(a) Four members of The Florida Bar, appointed by the Governor, who are engaged in the practice of law, each of whom is a resident of the territorial jurisdiction served by the commission to which …

Fla. Stat. § 43.30 Divisions of court

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All courts except the Supreme Court may sit in divisions as may be established by local rule approved by the Supreme Court.History.—s. 25, ch. 72-404.

Fla. Stat. § 43.41 Report of judicial disposition

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Within 10 days after final judicial disposition of each traffic violation, including parking on a roadway outside the limits of a municipality, or other offense reported on the uniform traffic citation, as prescribed by s. 316.650, the clerk of the court in which the case was tri…

Fla. Stat. § 43.42 Judicial acts authorized on all days, including Sundays and holidays

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Notwithstanding any law to the contrary, any judicial act may be taken or performed on any day of the week, including Sundays and holidays.History.—s. 147, ch. 2003-402.

Fla. Stat. § 43.43 Terms of courts

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The Supreme Court may establish terms of court for the Supreme Court, the district courts of appeal, and the circuit courts; may authorize district courts of appeal and circuit courts to establish their own terms of court; or may dispense with terms of court.History.—s. 9, ch. 20…

Fla. Stat. § 43.44 Mandate of an appeals court

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An appellate court may, as the circumstances and justice of the case may require, reconsider, revise, reform, or modify its own opinions and orders for the purpose of making the same accord with law and justice. Accordingly, an appellate court may recall its own mandate for the p…

Fla. Stat. § 43.51 Problem-solving court reports

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1(1) The Office of the State Courts Administrator shall provide an annual report to the President of the Senate and the Speaker of the House of Representatives on problem-solving courts no later than January 31 of each year for the previous fiscal year. The report must:(a) Provid…

Fla. Stat. § 44.1011 Definitions

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As used in this chapter:(1) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding as provided in this c…

Fla. Stat. § 44.102 Court-ordered mediation

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(1) Court-ordered mediation shall be conducted according to rules of practice and procedure adopted by the Supreme Court.(2) A court, under rules adopted by the Supreme Court:(a) Must, upon request of one party, refer to mediation any filed civil action for monetary damages, prov…

Fla. Stat. § 44.103 Court-ordered, nonbinding arbitration

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(1) Court-ordered, nonbinding arbitration shall be conducted according to the rules of practice and procedure adopted by the Supreme Court.(2) A court, pursuant to rules adopted by the Supreme Court, may refer any contested civil action filed in a circuit or county court to nonbi…

Fla. Stat. § 44.104 Voluntary binding arbitration and voluntary trial resolution

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(1) Two or more opposing parties who are involved in a civil dispute may agree in writing to submit the controversy to voluntary binding arbitration, or voluntary trial resolution, in lieu of litigation of the issues involved, prior to or after a lawsuit has been filed, provided …

Fla. Stat. § 44.106 Standards and procedures for mediators and arbitrators; fees

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(1) The Supreme Court shall establish minimum standards and procedures for qualifications, certification, professional conduct, discipline, and training for mediators and arbitrators who are appointed pursuant to this chapter. The Supreme Court is authorized to set fees to be cha…

Fla. Stat. § 44.107 Immunity for arbitrators, mediators, and mediator trainees

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(1) Arbitrators serving under s. 44.103 or s. 44.104, mediators serving under s. 44.102, and trainees fulfilling the mentorship requirements for certification by the Supreme Court as a mediator shall have judicial immunity in the same manner and to the same extent as a judge.(2) …

Fla. Stat. § 44.108 Funding of mediation and arbitration

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(1) Mediation and arbitration should be accessible to all parties regardless of financial status. A filing fee of $1 is levied on all proceedings in the circuit or county courts to fund mediation and arbitration services which are the responsibility of the Supreme Court pursuant …