The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

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F.S. 40.013

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 been committed in this state would be a felony, unless restored to civil rights, shall be qualified to serve as a juror.

(2)(a) Neither the Governor, nor Lieutenant Governor, nor any Cabinet officer, nor clerk of court, or judge shall be qualified to be a juror.

(b) Any full-time federal, state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.

(3) No person interested in any issue to be tried therein shall be a juror in any cause; but no person shall be disqualified from sitting in the trial of any suit in which the state or any county or municipal corporation is a party by reason of the fact that such person is a resident or taxpayer within the state or such county or municipal corporation.

(4) Any expectant mother and any parent who is not employed full time and who has custody of a child under 6 years of age, upon request, shall be excused from jury service.

(5) A presiding judge may, in his or her discretion, excuse a practicing attorney, a practicing physician, or a person who is physically infirm from jury service, except that no person shall be excused from service on a civil trial jury solely on the basis that the person is deaf or hearing impaired, if that person wishes to serve, unless the presiding judge makes a finding that consideration of the evidence to be presented requires auditory discrimination or that the timely progression of the trial will be considerably affected thereby. However, nothing in this subsection shall affect a litigant’s right to exercise a peremptory challenge.

(6) A person may be excused from jury service upon a showing of hardship, extreme inconvenience, or public necessity.

(7) A person who was summoned and who reported as a prospective juror in any court in that person’s county of residence within 1 year before the first day for which the person is being considered for jury service is exempt from jury service for 1 year from the last day of service.

(8) A person 70 years of age or older shall be excused from jury service upon request. A person 70 years of age or older may also be permanently excused from jury service upon written request. A person who is permanently excused from jury service may subsequently request, in writing, to be included in future jury lists provided such person meets the qualifications required by this chapter.

(9) Any person who, because of mental illness, intellectual disability, senility, or other physical or mental incapacity, is permanently incapable of caring for himself or herself may be permanently excused from jury service upon request if the request is accompanied by a written statement to that effect from a physician licensed pursuant to chapter 458 or chapter 459.

(10) Any person who is responsible for the care of a person who, because of mental illness, intellectual disability, senility, or other physical or mental incapacity, is incapable of caring for himself or herself shall be excused from jury service upon request.

(11) Upon request, a full-time student between 18 and 21 years of age, inclusive, who is attending high school or any state university, private postsecondary educational institution, Florida College System institution, or career center shall be excused from that specific summons for jury service.

History.—s. 3, ch. 3010, 1877; s. 1, ch. 4015, 1891; RS 1149; GS 1572; RGS 2774; CGL 4451; s. 2, ch. 26848, 1951; s. 7, ch. 73-334; s. 1, ch. 77-102; s. 1, ch. 77-431; s. 4, ch. 79-235; s. 1, ch. 80-170; s. 1, ch. 83-210; s. 1, ch. 87-75; s. 1, ch. 92-8; s. 1, ch. 92-297; s. 1, ch. 93-125; s. 245, ch. 95-147; s. 1, ch. 97-199; s. 2, ch. 2013-162; s. 1, ch. 2016-52; s. 1, ch. 2020-57.

Note.—Former s. 40.07.

F.S. 40.013 on Google Scholar

F.S. 40.013 on Casetext

Amendments to 40.013

Arrestable Offenses / Crimes under Fla. Stat. 40.013

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.013.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WILLACY, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS,, 703 F. App'x 744 (11th Cir. 2017)

. . . . § 40.013(1) (1991). . . . Stat. § 40.013(1) (1991). . . .

IN RE AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE- FORM PROSPECTIVE JUROR QUESTIONNAIRE, 211 So. 3d 985 (Fla. 2017)

. . . Judicial Administration 2.425(a)(2), and revise question 13 on the questionnaire to conform to section 40.013 . . . Committee’s additional proposals is intended to conform question 8 on the questionnaire with section 40.013 . . . amendments to question 8 (law enforcement officers and investigative personnel) consistent with section 40.013 . . .

BOYD, v. STATE v. L., 200 So. 3d 685 (Fla. 2015)

. . . See § 40.013(1), Fla. Stat. (2015). . . . Rather, I would ‘conclude that if a jury is not properly comprised pursuant to section 40.013(1), it . . . This extremely high standard operates to undermine the statutory prohibition in section 40.013(1). . . . Section 40.013(1), Florida Statutes (2001), provides that any person who has been convicted of a felony . . .

BETHEL, v. STATE, 122 So. 3d 944 (Fla. Dist. Ct. App. 2013)

. . . However, section 40.013(3), Florida Statutes (1991) states that “No person interested in any issue to . . . has a sufficient interest to warrant disqualification from that defendant’s jury pursuant to section 40.013 . . . has a sufficient interest to warrant disqualification from that defendant’s jury pursuant to section 40.013 . . .

PATRICK, v. STATE, 104 So. 3d 1046 (Fla. 2012)

. . . . § 40.013(6), Fla. Stat. (2008). . . . State, 749 So.2d 561, 562 (Fla. 2d DCA 2000) (noting that subsections (5) and (6) of section 40.013 implicate . . .

HAMPTON, v. STATE, 103 So. 3d 98 (Fla. 2012)

. . . Pursuant to 40.013(1), no person who is under prosecution for any crime ... shall be qualified to serve . . . Disqualification under Section 40.013 The issue presented in this point on appeal is whether a potential . . . Section 40.013(1), Florida Statutes (2009), states: No person who is under prosecution for any crime, . . . Section 40.013 provides no specialized definition of the phrase “under prosecution.” . . . Hence, Juror D-was not statutorily disqualified under section 40.013 from serving as a juror. . . .

JOHNSTON, v. STATE v. G., 63 So. 3d 730 (Fla. 2011)

. . . on direct appeal, Robinson’s civil contempt charge did not disqualify her from service under section 40.013 . . .

TUCKER, v. STATE, 987 So. 2d 717 (Fla. Dist. Ct. App. 2008)

. . . Section 40.013(1), Florida Statutes (2007), provides: (1) No person who is under prosecution for any . . . framed by Appellant, therefore, is whether W. was placed “under prosecution,” as contemplated by section 40.013 . . . Although section 40.013(1) does not define the phrase “under prosecution,” Appellant argues that section . . .

D. WOODEL, v. STATE, 985 So. 2d 524 (Fla. 2008)

. . . While Woodel is correct that a Florida statute does not expressly address this issue, section 40.013( . . .

COMPANIONI, Jr. v. CITY OF TAMPA,, 958 So. 2d 404 (Fla. Dist. Ct. App. 2007)

. . . Therefore, should a juror serve in violation of section 40.013(1), Florida Statutes (2003), inherent . . . First, the Florida Legislature, by enacting section 40.013(1), has specifically precluded certain convicted . . . While the Court has no desire to retry this case, the plain reading of the Constitution and Section 40.013 . . . With regard to the disqualification of certain categories of persons from jury service, section 40.013 . . . other categories of persons may be excused or exempt from jury service for a variety of reasons. § 40.013 . . . For example, judges are disqualified from jury service by reason of their official position. § 40.013 . . . Under section 40.013(1), “[n]o person who is under prosecution for any crime ... shall be qualified to . . .

ARAGON, v. STATE, 853 So. 2d 584 (Fla. Dist. Ct. App. 2003)

. . . not allege that he has reason to believe that the juror was statutorily disqualified under section 40.013 . . .

WRIGHT, v. STATE v. V. Jr., 857 So. 2d 861 (Fla. 2003)

. . . During the general qualification process under section 40.013(6), Florida Statutes (1997), removal of . . .

JOHNSTON, v. STATE, 841 So. 2d 349 (Fla. 2002)

. . . . § 40.013(1), Fla. . . .

O QUENDO, v. STATE, 823 So. 2d 834 (Fla. Dist. Ct. App. 2002)

. . . assigned to his case, and therefore failed to qualify as a “presiding judge” within the meaning of section 40.013 . . . success of O’Quendo’s argument depends on the meaning of the term, “presiding judge,” as used in section 40.013 . . . directs or controls that proceeding, he qualifies as a “presiding judge” within the meaning of section 40.013 . . .

GORBY, v. STATE v. W., 819 So. 2d 664 (Fla. 2002)

. . . See §§ 40.01, 40.013, Fla. Stat. (1989). . . .

FOSTER, v. STATE v. W., 810 So. 2d 910 (Fla. 2002)

. . . court’s practice of having the court clerk automatically excuse prospective jurors pursuant to section 40.013 . . .

E. JONES, v. STATE, 749 So. 2d 561 (Fla. Dist. Ct. App. 2000)

. . . Section 40.013(5) and (6) provides that: (5) A presiding judge may, in his or her discretion, excuse . . . excused from jury service upon a showing of hardship, extreme inconvenience, or public necessity. § 40.013 . . . court to excuse jurors under certain circumstances which included the conditions listed in section 40.013 . . . We conclude that trial judges may not delegate their discretionary authority under section 40.013(5) . . . jurors that are prohibited from serving or that have the option of refusing to serve under section 40.013 . . .

BATES, v. STATE, 750 So. 2d 6 (Fla. 1999)

. . . They reference 40.01 but also reference 40.013 which is the statute that says persons disqualified or . . . excused from jury service and in that is 40.013, paren. 6 which is a person may be excused from jury . . . jurors down to a jury pool, they go through the qualifications, excusal process under the statute of 40.013 . . .

REESE, v. STATE, 739 So. 2d 120 (Fla. Dist. Ct. App. 1999)

. . . See also § 40.013, Fla. . . .

UNITED STATES v. STONE,, 139 F.3d 822 (11th Cir. 1998)

. . . . § 40.013; the right to run for political office, Fla. . . .

LOWREY, v. STATE, 705 So. 2d 1367 (Fla. 1998)

. . . On appeal, the district court, in affirming the conviction, stated: Section 40.013, Florida Statutes, . . .

HOSKINS, n k a v. STATE, 702 So. 2d 202 (Fla. 1997)

. . . jury venire prior to reporting on the initial day of service for reasons set forth in Florida Statutes 40.013 . . . (l)-(5) and Florida Statutes 40.013(7)-(9). . . . Section 40.013, Florida Statutes (1995), contains nine categories of reasons why prospective jurors may . . . We conclude that trial judges may not delegate their discretionary authority under section 40.013(5) . . . By the clerk’s action, and in direct violation of section 40.013, thousands of lawyers, doctors and others . . .

GORE, v. STATE, 706 So. 2d 1328 (Fla. 1997)

. . . .” § 40.013(3), Florida Statutes (1995). . . .

PIERRE, v. STATE, 689 So. 2d 1300 (Fla. Dist. Ct. App. 1997)

. . . State, 464 So.2d 1181 (Fla.1985); see § 40.013(1), Fla. Stat. (1995); Lowrey v. . . .

LOWREY, v. STATE, 682 So. 2d 610 (Fla. Dist. Ct. App. 1996)

. . . Section 40.013, Florida Statutes, provides that “[n]o person who is under prosecution for any crime . . . .

RIVERA, v. STATE, 670 So. 2d 1163 (Fla. Dist. Ct. App. 1996)

. . . See § 40.013(2)(a), Fla. . . .

WILLACY, v. STATE, 640 So. 2d 1079 (Fla. 1994)

. . . Willacy claims that Clark was under prosecution when selected as a juror and seating him violated section 40.013 . . . “No person who is under prosecution for any crime ... shall be qualified to serve as a juror.” § 40.013 . . .

AGUILERA, v. STATE, 606 So. 2d 1194 (Fla. Dist. Ct. App. 1992)

. . . The trial court agreed that juror McCorvey met the criteria for hardship under the statute, section 40.013 . . .

ROBINSON, v. STATE, 520 So. 2d 1 (Fla. 1988)

. . . Thereafter, the trial court made the brief statutory inquiry required by sections 40.01 and 40.013(1) . . .

BURKETT, v. STATE, 518 So. 2d 1363 (Fla. Dist. Ct. App. 1988)

. . . Section 40.013(1), Florida Statutes (1985), provides: No person who is under prosecution for any crime . . .

STATE v. WILLIAMS,, 465 So. 2d 1229 (Fla. 1985)

. . . State, Lusk argued that section 40.013(2), Florida Statutes (1983), should disqualify correctional officers . . .

HENDERSON, v. STATE, 463 So. 2d 196 (Fla. 1985)

. . . Henderson also argues that several of the provisions of section 40.013, Florida Statutes (1981), pertaining . . .

PARKER, v. STATE, 456 So. 2d 436 (Fla. 1984)

. . . Section 40.013(4), Florida Statutes (1979), has since been amended to eliminate the génder-based classification . . .

LUSK, v. STATE, 446 So. 2d 1038 (Fla. 1984)

. . . system from the jury, basing his argument on section 40.07(2), Florida Statutes (1977) [now section 40.013 . . . Lusk argues that section 40.013(2) should disqualify correctional officers since a law enforcement position . . .

ALACHUA COUNTY COURT EXECUTIVE, v. ANTHONY, No., 418 So. 2d 264 (Fla. 1982)

. . . Executive, 403 So.2d 1085 (Fla. 1st DCA 1981), which declared unconstitutional that part of section 40.013 . . . He requested that he be excused under the provisions of section 40.013(4) because he was a father who . . . It found that section 40.013(4) failed to achieve this purpose because the statute does not extend the . . . The district court concluded that section 40.013(4) is premised upon impermissible stereotypes and that . . . Although section 40.013(4) is not being challenged in this proceeding on sixth amendment grounds, we . . .

ANTHONY, v. ALACHUA COUNTY COURT EXECUTIVE R., 403 So. 2d 1085 (Fla. Dist. Ct. App. 1981)

. . . from an Order denying a Motion to Quash Juror Subpoena, the appellant contends that a portion of § 40.013 . . . The appellant requested to be excused on the basis of § 40.013(4), Fla.Stat., which provides in part . . . The appellant filed a Motion to Quash Juror Subpoena, invoking § 40.013(4), Fla. . . . However, § 40.013(4), Fla.Stat., fails to either validly serve or achieve this purpose because the statute . . . Based on the preceding analysis, we hold that § 40.013(4), Fla.Stat., is unconstitutional insofar as . . .