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. 40.02

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 a final juror candidate list of not fewer than 250 persons to serve as jurors as provided for in s. 40.221. The final juror candidate list must be signed and verified by the clerk of the court as having been selected as aforesaid. The final juror candidate list may be created, updated, or supplemented as often as necessary to prevent the selection list from becoming exhausted, but in no case less than annually during the first week of January of each year, or as soon thereafter as practicable. A circuit judge in a county to which he or she has been assigned may also request that the final juror candidate list be updated or supplemented, or that a new list be created as necessary.

(2) When the final juror candidate list is prepared pursuant to the request of a chief judge or the chief judge’s designee, the previously prepared final juror candidate lists shall be withdrawn from further use. If, notwithstanding this provision, some names are not withdrawn, such error or irregularity does not invalidate any subsequent proceeding or jury. The fact that any person so selected had been on a former jury list or had served as a juror in any court at any time shall not be grounds for challenge of such person as a juror. If any person so selected shall be ascertained to be disqualified or incompetent to serve as a juror, such disqualification shall not affect the legality of such list or be cause of challenge to the array of any jury chosen from such list, but any person ascertained to be disqualified to serve as a juror shall be subject to challenge for cause, as defined by law. The set of juror candidate lists, although they may be defective or irregular in form or other formal requirement, or in the number or qualification of the persons so named, shall be the lists from which the names of persons for jury service are to be drawn as prescribed by law.

(3) The clerk of the court shall be responsible for preserving the security of the source and juror candidate lists.

(4) The clerk of the court shall perform the duties set forth in this section and in ss. 40.221, 40.23, and 40.231 in counties having an approved, computerized jury selection system, the provisions of any special law or general law of local application to the contrary notwithstanding. However, the chief judge may designate the court administrator to perform these duties if the county provides funding to the court administrator to provide the personnel and other costs associated with jury services.

History.—s. 2, ch. 4015, 1891; s. 2, ch. 4122, 1893; GS 1571; s. 1, ch. 6531, 1913; RGS 2772; s. 2, ch. 12068, 1927; CGL 4444; s. 1, ch. 28281, 1953; s. 3, ch. 67-154; s. 6, ch. 73-334; s. 3, ch. 79-235; s. 246, ch. 95-147; s. 61, ch. 2003-402; s. 8, ch. 2012-100.

F.S. 40.02 on Google Scholar

F.S. 40.02 on Casetext

Amendments to 40.02

Arrestable Offenses / Crimes under Fla. Stat. 40.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.02.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PINNACLE FOODS GROUP, LLC, v. UNITED DAIRY AND BAKERY WORKERS LOCAL, 186 F. Supp. 3d 722 (E.D. Mich. 2016)

. . . . • 40.00 Hours—Straight Time • 40.02 Hours—Time and One-Half (.02 = 1 minute) • 55.02 Hours—Double Time . . .

HOWARD, v. LIQUIDITY SERVICES, INC., 177 F. Supp. 3d 289 (D.D.C. 2016)

. . . defendant CEO sold a total of 500,000 shares on February 6, 2012, and February 10, 2012, for $40.35 and $40.02 . . .

WISCONSIN EDUCATION ASSOCIATION COUNCIL, v. WALKER,, 705 F.3d 640 (7th Cir. 2013)

. . . . § 40.02(48)(am). . . . Stat. § 40.02(48)(am), ivith Wis. Stat. § 111.81(15r). . . .

WISCONSIN EDUCATION ASSOCIATION COUNCIL Of AFSCME, AFL- CIO AFSCME, AFL- CIO AFT- AFL- CIO AFSCME, AFL- CIO CTW, CLC AFL- CIO, v. WALKER, L. R. G., 824 F. Supp. 2d 856 (W.D. Wis. 2012)

. . . Section 40.02(48)(am) 9. [a police officer], 10. [a fire fighter], 13. [a deputy sheriff], 15. . . . the statutes is created to read: 111.81 (15r) “Public safety employee” means any individual under s. 40.02 . . . Stat. § 40.02(48)(am), defines twenty-two job categories as “protective occupation employees.” . . . Stat. § 40.02, represented by plaintiff Wisconsin State Employees Union, AFSCME District Council 24 ( . . .

GASTALDI, v. SUNVEST RESORT COMMUNITIES, LC,, 709 F. Supp. 2d 1284 (S.D. Fla. 2010)

. . . Moore et al., Moore’S Federal Practice § 40.02[5][b], at 40-11 & n. 36 (3d ed.2010). . . .

THOMAS, v. J. ASTRUE,, 359 F. App'x 968 (11th Cir. 2010)

. . . Based on 17.4 hours of work at a rate of $162.50 per hour, Phillips requested $2827.50 in fees and $40.02 . . . Phillips submitted a costs ledger, detailing the $40.02 in costs he had incurred, all in the form of . . .

WIESMUELLER R. v. KOSOBUCKI,, 571 F.3d 699 (7th Cir. 2009)

. . . R. 40.02, which sets forth the qualifications for admission to practice in Wisconsin, including those . . . And this is further shown by Rule 40.02(2). . . .

CROPLIFE AMERICA, INC. v. CITY OF MADISON,, 432 F.3d 732 (7th Cir. 2005)

. . . Code ATCP §§ 40.02(3), (8), (11)— and, lest there be any doubt, adds that “ ‘weed and feed’ products . . . Code ATCP § 40.02(11) Note. . . . Code ATCP § 40.02(29).) How can this be? . . .

In T. A. C. GROUP, INC. d b a s, 294 B.R. 199 (Bankr. D. Mass. 2003)

. . . Finally, Article 40, entitled “Interpretation, Construction and Relationship of Parties,” at Section 40.02 . . .

F. THOMSEN, v. ROMEIS, S., 198 F.3d 1022 (7th Cir. 2000)

. . . . § 40.02 et seq. . . .

UNITED STATES v. G. SCHWAB, A. S., 61 F. Supp. 2d 1196 (D. Wyo. 1999)

. . . O’Malley Federal Jury Practice and Instructions §§ 40.02 and 40.03. . . .

PIKEVILLE COAL CO. v. UNITED STATES,, 37 Fed. Cl. 304 (Fed. Cl. 1997)

. . . Singer, Sutherland Statutory Construction § 40.02 (5th ed. 1992). . . .

P. MARTIN, v. MEMORIAL HOSPITAL AT GULFPORT,, 86 F.3d 1391 (5th Cir. 1996)

. . . federalism and state sovereignty stemming from the Supremacy Clause of the Constitution, von Kalinowski, § 40.02 . . .

ISELY, v. CAPUCHIN PROVINCE,, 880 F. Supp. 1138 (E.D. Mich. 1995)

. . . . § 40.02(55), as support for their contention that only school personnel with the authority for hiring . . . As for the cited statute, § 40.02(55) addresses the question of which school employees are entitled to . . .

CENTRAL BANK OF DENVER, N. A. v. FIRST INTERSTATE BANK OF DENVER, N. A., 511 U.S. 164 (U.S. 1994)

. . . Jacobs, Litigation and Practice Under Rule 10b-5 §40.02 (rev. ed. 1993) (citing cases). . . .

W. ROUNSEVILLE v. ZAHL, M. P., 13 F.3d 625 (2d Cir. 1994)

. . . Moore et al., Moore’s Federal Practice ¶ 40.02 (2d ed. 1993). . . .

UNITED STATES v. C. BRADLEY,, 896 F.2d 284 (7th Cir. 1990)

. . . You needn’t be a resident of Wisconsin to join its bar, Wis.S.Ct.R. 40.02, but you must join its bar . . .

UNITED STATES v. STATE OF MICHIGAN, J. G. Le M. Jr., 680 F. Supp. 928 (W.D. Mich. 1987)

. . . Prison of Southern Michigan; (3) the United States’ Objection to Defendants’ Revised Procedure OP-DWA-40.02 . . . Procedure OP-DWA-40.02 On April 29,1986 defendants submitted a revised procedure for the Identification . . . See OP-DWA-40.02. . . . shall inform the Court by September 15, 1986 whether defendants have satisfactorily revised OP-DWA-40.02 . . .

C. HIBMA, v. T. ODEGAARD,, 769 F.2d 1147 (7th Cir. 1985)

. . . On and after March 1, 1983, all persons employed as deputy sheriffs, as defined in s. 40.02(48)(b)3, . . . provide: “(d) On and after March 1, 1983, all persons employed as deputy sheriffs, as defined in s. 40.02 . . .

FREEMAN, v. WORLD AIRWAYS, INC. OLSZEWSKI, v. WORLD AIRWAYS, INC., 596 F. Supp. 841 (D. Mass. 1984)

. . . Axelrod, 5 Damages in Tort Actions § 40.02 (1984); Note, Punitive Tort Damages in New England, 41 B.U.L . . .

GREEN, v. JOHNSON, 513 F. Supp. 965 (D. Mass. 1981)

. . . The Franklin County House of Correction has an average daily count of 40.02, and in October 1979, 6 inmates . . .

RAMOS, Jr. v. H. KOEBIG, 638 F.2d 838 (5th Cir. 1981)

. . . 1970 census, the City’s population is approximately 15,934 persons, of which approximately 6,378 or 40.02 . . .

NEVA VERA BARNES McQUOWN, AS EXECUTRIX OF THE ESTATE OF CARLETON R. McQUOWN v. THE UNITED STATES, 199 Ct. Cl. 858 (Ct. Cl. 1972)

. . . See 5 Moore, Federal Practice (2d ed. 1971), ¶ 40.02[3], p. 1316; Note, Federal Rule 43(a): The Scope . . .

FOXWORTH, v. STATE, 267 So. 2d 647 (Fla. 1972)

. . . Fla.Stat. (1941) § 40.02, F.S.A., required that the county commissioners shall select the jury list and . . .

CHICAGO, BURLINGTON QUINCY RAILROAD COMPANY v. THE UNITED STATES, 197 Ct. Cl. 264 (Ct. Cl. 1972)

. . . 1923 _ 36.93 1924 _ 39.08 1925 _ 38.61 1926 _ 88.62 1927 _ 40. 40 1928 _ 40.12 1929 _ 40. 00 1930 _ 40.02 . . .

WILLIAMS, v. STATE, 238 So. 2d 137 (Fla. Dist. Ct. App. 1970)

. . . Section 40.02, F.S.A. required the county commissioners of a county, except those having a jury commission . . .

D. THOMAS, v. STATE, 223 So. 2d 318 (Fla. 1969)

. . . Sec. 40.02, Fla.Stat, F.S.A. . . .

LITCHFIELD SECURITIES CORPORATION, v. UNITED STATES, 325 F.2d 667 (2d Cir. 1963)

. . . purpose of avoiding income taxes on the shareholders.” 7 Mertens, Law of Federal Income Taxation, § 40.02 . . .

HOYT v. FLORIDA, 368 U.S. 57 (U.S. 1961)

. . . Stat., 1955, § 40.10 in conjunction with § 40.02 required the jury commissioners, with the aid of the . . .

K. v., 32 Cust. Ct. 518 (Cust. Ct. 1954)

. . . He also stated that he opened the chest, exhibit 1, weighed the tins, and found that they weighed 40.02 . . .

JACK RILEY CUSTER v. STATE OF FLORIDA, 159 Fla. 574 (Fla. 1947)

. . . Sec. 40.02 Fla. . . . Sec. 40.02, et seq., F.S. 1941, F.S.A., provides the manner in which a jury should be selected and drawn . . .

WILLIE MATTOX A. E. ALFORD v. STATE OF FLORIDA, 158 Fla. 512 (Fla. 1947)

. . . Section 40.02 (1) F.S.A. 1941 provided that the jury list should be prepared by the County Commissioners . . . “On receiving the list of persons selected as qualified to serve as jurors, as provided for in Sec. 40.02 . . .

LEO BAILEY v. STATE OF FLORIDA, 155 Fla. 597 (Fla. 1945)

. . . Section 40.02, paragraph 1, provides that in all counties not having a jury commission, the county commissioners . . . The fourth paragraph of said Section 40.02 (which is quoted in Mr. . . . system, this Section 40.19, was rendered unnecessary by the inclusion of paragraph “(4)” of Section 40.02 . . . each year might not prove to be sufficient for the entire year, and so provision was made in Section 40.02 . . . September 20, but instead of exercising, such authority vested in him by the fourth paragraph of Section 40.02 . . . Sec. 40.02, F.S. ’41, F.S.A., provides the time ; id manner that the county commissioners shall select . . . It is true that Sec. 40.02, supra, says the judge may require the county commissioners to replenish the . . . could always be made, that it was during the term and the judge could elect to proceed under Sec.“ 40.02 . . .

STATE OF FLORIDA CASHIE LEE GREEN, v. B. D. PEARSON,, 153 Fla. 314 (Fla. 1943)

. . . In many respects wherein this Act differs from the general law, Section 40.02 Fla. . . . The general law, Section 40.02, supra, applies to all counties not having jury commissions and the general . . . Therefore, this Act contravenes Section 40.02, supra, by providing a special method for creation of the . . .

MEYER SCALE HARDWARE COMPANY v. THE UNITED STATES, 57 Ct. Cl. 26 (Ct. Cl. 1922)

. . . This would be equivalent1 to a profit of over $48 per scale on a cost price of $40.02, for the whole . . .

UNITED STATES v. TISDALE, U. S., 114 F. 883 (5th Cir. 1902)

. . . , $9, $40.35, $37.78, $37.62, $53.52, $66.12, $54.54, $14.10, $5.71, 78e., $20.47, $7.64,• $26.96, $40.02 . . .