Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 40.23 | Lawyer Caselaw & Research
F.S. 40.23 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 40.23

The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS
View Entire Chapter
F.S. 40.23
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 to his or her place of residence, and placing such notice in the United States mail with sufficient postage to carry the same. Upon order of the court, jurors may be summoned with less than 14 days’ notice.
(2) The jury service of any person who has been summoned may be postponed for a period not to exceed 6 months upon written or oral request. However, if either a public health emergency has been declared by the State Health Officer pursuant to s. 381.00315 or a state of emergency has been declared by the Governor pursuant to s. 252.36(2), the jury service of any person who has been summoned may be postponed for a period not to exceed 12 months upon written or oral request. The request may specify a date or period of time to which service is to be postponed and, if so, shall be given consideration when the assignment of the postponed date of jury service is made.
(3) Any person who is duly summoned to attend as a juror in any court and who fails to attend without any sufficient excuse shall pay a fine not to exceed $100, which fine shall be imposed by the court to which the juror was summoned, and, in addition, such failure may be considered a contempt of court.
History.s. 8, ch. 1628, 1868; RS 1155; GS 1585; RGS 2787; s. 1, ch. 9167, 1923; CGL 4464; s. 2, ch. 16410, 1933; s. 1, ch. 22766, 1945; s. 3, ch. 71-67; s. 7, ch. 79-235; s. 249, ch. 95-147; s. 8, ch. 2021-230.

F.S. 40.23 on Google Scholar

F.S. 40.23 on Casetext

Amendments to 40.23


Arrestable Offenses / Crimes under Fla. Stat. 40.23
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.23.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BETHUNE- HILL, v. VIRGINIA STATE BOARD OF ELECTIONS,, 368 F. Supp. 3d 872 (E.D. Va. 2019)

. . . The BVAP in District 77 decreases from 58.78% in the 2011 map to 40.23% in the Norfolk 1A module, the . . .

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

. . . language to reflect that the clerk of court, not the sheriff, summons jurors, consistent with section 40.23 . . .

WEST VIRGINIA PIPE TRADES HEALTH WELFARE FUND, AG, v. MEDTRONIC, INC. A. L. E. W. A. J. D., 57 F. Supp. 3d 950 (D. Minn. 2014)

. . . allege that after the May 25, 2011 articles, Medtronic’s stock dropped from $40.88 on May 24, 2011 to $40.23 . . . 2011 disclosures, Medtronic’s stock price dropped from a closing price of $40.88 on May 24, 2011 to $40.23 . . .

BARRETT, IV, v. M. CLAYCOMB,, 976 F. Supp. 2d 1104 (W.D. Mo. 2013)

. . . . § 40.23, whereas Linn State ultimately mandates complete withdrawal from the College, [Plaintiffs’ . . .

MERRITT v. OLMHP, LLC, a, 112 So. 3d 559 (Fla. Dist. Ct. App. 2013)

. . . Const, (limiting the legislature’s power to create courts); §§ 40.23-.2B1, Fla. Stat. (2011). . . .

In ARMODAFINIL PATENT LITIGATION INC. PATENT LITIGATION v. v. v. v., 939 F. Supp. 2d 456 (D. Del. 2013)

. . . 17 (Hollingsworth); DTX-163.3, .18; DTX-255A.1, .3, .4, .387-388, A23-A25, ,562-.563, .578-.580; JTX-40.23 . . . 382, .387-.390, ,423-.425, .430-.435, .448, .459, .487, .501, .562-.5Ó4, .578-.580, .596, .625; JTX-40.23 . . .

GARCES, v. U. S. ATTORNEY GENERAL,, 611 F.3d 1337 (11th Cir. 2010)

. . . Dep’t of State, 9 Foreign Affairs Manual 40.23 Notes n. 2(b) (emphasis added). . . . of inadmissibility solely on “conclusions of other evaluators ... no matter how trustworthy.” 9 FAM 40.23 . . . See 9 FAM 40.23 Notes n. 2(b). . . .

M. RHOADS, v. BOARD OF EDUCATION OF MAD RIVER LOCAL SCHOOL DISTRICT, J., 103 F. App'x 888 (6th Cir. 2004)

. . . . § 40.23(a) (“As an employer who receives a verified positive drug test result, you must immediately . . .

MACK, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY Dr., 225 F. Supp. 2d 376 (S.D.N.Y. 2002)

. . . See 49 C.F.R. 40.23 (2002) (“when an employee has a verified positive, adulterated, or substituted test . . .

J. MURPHY v. AIR TRANSPORT LOCAL, 123 F. Supp. 2d 55 (D. Conn. 2000)

. . . .” § 40.23(d)(3). . . .

SAAVEDRA BRUNO, v. K. ALBRIGHT,, 197 F.3d 1153 (D.C. Cir. 1999)

. . . Department of State, Foreign Affairs Manual § 40.23 (1999). . . .

KNOX COUNTY EDUCATION ASSOCIATION, v. KNOX COUNTY BOARD OF EDUCATION,, 158 F.3d 361 (6th Cir. 1998)

. . . Part 40 § 40.23 and 40.25.” (J.A. 1018). . . .

CARROLL III, v. FEDERAL EXPRESS CORPORATION, a, 113 F.3d 163 (9th Cir. 1997)

. . . . §§ 40.23-40.39. . . .

SMITH, v. M. BEASLEY, C. ABLE, v. H. WILKINS, H. Jr., 946 F. Supp. 1174 (D.S.C. 1996)

. . . As configured by the Burton court, District 82 had a 40.23% BPOP and a 37.34% BVAP. . . .

In PERRY,, 194 B.R. 875 (E.D. Cal. 1996)

. . . application for payment of final fees seeking allowance and payment of $15,672.50 in attorney fees and $40.23 . . .

MERCHANTS GRAIN, INC. By M. MAHERN, v. ADKINS, In MERCHANTS GRAIN, INC. By M. MAHERN. MERCHANTS GRAIN, INC. By M. MAHERN, v. ADKINS,, 184 B.R. 52 (S.D. Ind. 1995)

. . . In that case, acting pursuant to Illinois Revised Statute, Chapter 127, § 40.23 (1979), the Illinois . . . Section 40.23 gives the Illinois Department of Agriculture the power: To control surety bonds and trust . . .

FARMERS GRAIN COMPANY OF ESMOND, v. UNITED STATES,, 33 Fed. Cl. 298 (Fed. Cl. 1995)

. . . Ill.Rev.Stat. ch. 240 § 25/9, ch. 20 § 205/40.23. . . . Although § 40.23 imposes a lien on the assets, that language addresses the treatment of assets in terms . . .

In C S GRAIN COMPANY, INCORPORATED,, 47 F.3d 233 (7th Cir. 1995)

. . . Department is entitled to liquidate immediately the unlicensed dealer’s grain reserves. 20 ILCS 205/40.23 . . . ’s grain assets on behalf of those claimants who hold a statutory lien in those assets. 20 ILCS 205/40.23 . . .

In C S GRAIN COMPANY, INCORPORATED,, 47 F.3d 233 (7th Cir. 1995)

. . . Department is entitled to liquidate immediately the unlicensed dealer’s grain reserves. 20 ILCS 205/40.23 . . . ’s grain assets on behalf of those claimants who hold a statutory lien in those assets. 20 ILCS 205/40.23 . . .

In OSTROM- MARTIN, INC. E. BARBER, v. PRINCEVILLE STATE BANK,, 161 B.R. 800 (Bankr. C.D. Ill. 1993)

. . . Even if the DEPARTMENT has a § 40.23 lien which the Trustee can avoid, the issue is presented of whether . . . In this ease the Trustee is relying on the DEPARTMENT’S § 40.23 lien. . . . enforce the aforesaid statutory hen claims and ahocate the proceeds thereof as follows ... 20 ILCS 205/40.23 . . . The Trustee, coining terms from the PACA, characterizes the Illinois statute as imposing a “§ 40.23 trust . . .

In MARTIN E. BARBER, v. MARTIN,, 154 B.R. 490 (Bankr. C.D. Ill. 1993)

. . . The IDA claims a lien pursuant to Chapter 1271/2, Section 40.23 Ill.Rev.Stat. portions of which are attached . . .

WESCH, v. HUNT,, 785 F. Supp. 1491 (S.D. Ala. 1992)

. . . Group 3 Block 301 • 90 100.00% 82 91.11% 8 8.89% 0 0 0.00% 0 0.00% Block 302 87 35 52 0 0 0 100.00% 40.23% . . .

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WESTERN CONFERENCE OF TEAMSTERS, v. DEPARTMENT OF TRANSPORTATION, AMALGAMATED TRANSIT UNION, v. DEPARTMENT OF TRANSPORTATION, RAILWAY LABOR EXECUTIVES ASSOCIATION v. DEPARTMENT OF TRANSPORTATION, RAILWAY LABOR EXECUTIVES ASSOCIATION v. DEPARTMENT OF TRANSPORTATION, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION OCAWIU v. DEPARTMENT OF TRANSPORTATION, NATIONAL TRANSPORTATION SAFETY BOARD,, 932 F.2d 1292 (9th Cir. 1991)

. . . . § 40.23(d). . . . . §§ 40.23, 40.25(f). . . .

In T. DOUGHERTY, CITIBANK SOUTH DAKOTA N. A. a v. T. DOUGHERTY,, 89 B.R. 840 (Bankr. E.D. Cal. 1988)

. . . At Firestone Stores, two separate purchases of $40.23 each on October 22 and 23. . . . .

EAST JEFFERSON COALITION FOR LEADERSHIP AND DEVELOPMENT, v. PARISH OF JEFFERSON,, 691 F. Supp. 991 (E.D. La. 1988)

. . . He received 5.9% of the total vote, 35.96% (40.23%) of the black vote, and 1.05% (1.93%) of the white . . .

WERRIES, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, a, 619 F. Supp. 1085 (C.D. Ill. 1985)

. . . The Department of Agriculture has the powers enumerated in Sections 40.1 through 40.29. 40.23 Surety . . . the liability, we first can look to statute that expressly authorizes this, Ill.Rev.Stat. ch. 127 § 40.23 . . .

J. NEAL, R. J. F. J. A. Sr. C. C. B. v. CAREY CANADIAN MINES, LTD. Co. Co., 548 F. Supp. 357 (E.D. Pa. 1982)

. . . See N.T. 40.23-40.25 (context of argument). . . .

A. GORENZ, d b a A. d b a Co. v. STATE ILLINOIS DEPARTMENT AGRICULTURE,, 653 F.2d 1179 (7th Cir. 1981)

. . . Acting pursuant to Ill.Rev.Stat. ch. 127, § 40.23 (1979), the Department subsequently sold the grain . . . Section 40.23 empowers the Department: To control surety bonds and trust funds and to establish trust . . . The district court also found that the Department’s assertion of its authority under § 40.23 did not . . . that the farmers were not merely creditors of the bankrupt because the seizure of the grain under § 40.23 . . . Ill.Rev.Stat. ch. 127, § 40.23 (1979). . . .

A. GORENZ, d b a A. d b a Co. v. STATE ILLINOIS DEPARTMENT AGRICULTURE,, 653 F.2d 1179 (7th Cir. 1981)

. . . Acting pursuant to Ill.Rev.Stat. ch. 127, § 40.23 (1979), the Department subsequently sold the grain . . . Section 40.23 empowers the Department: To control surety bonds and trust funds and to establish trust . . . The district court also found that the Department’s assertion of its authority under § 40.23 did not . . . that the farmers were not merely creditors of the bankrupt because the seizure of the grain under § 40.23 . . . Ill.Rev.Stat. ch. 127, § 40.23 (1979). . . .

FELDMAN v. STATE, 212 So. 2d 21 (Fla. Dist. Ct. App. 1968)

. . . State, 62 Fla. 74, 57 So. 348; §§ 932.22, 40.23, Fla.Stat., F.S.A. . . .

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

. . . See Sec. 40.14-40.23, F.S. 1941. . . . See Secs. 40.22, 40.23, F.S. 1941. . . .