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Florida Statute 40.271 | Lawyer Caselaw & Research
F.S. 40.271 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 40.271

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. 40.271
40.271 Jury service.
(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 employment for any cause, by an employer or his or her agent to any person summoned for jury service in this state, because of the nature or length of service upon such jury may be deemed a contempt of the court from which the summons issued.
(3) A civil action by the individual who has been dismissed may be brought in the courts of this state for any violation of this section, and said individual shall be entitled to collect not only compensatory damages, but, in addition thereto, punitive damages and reasonable attorney fees for violation of this act.
History.s. 2, ch. 74-379; s. 11, ch. 79-235; s. 251, ch. 95-147.

F.S. 40.271 on Google Scholar

F.S. 40.271 on Casetext

Amendments to 40.271


Arrestable Offenses / Crimes under Fla. Stat. 40.271
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.271.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BRULEY, v. VILLAGE GREEN MANAGEMENT COMPANY, a LBK LP, a d b a TR a d b a, 592 F. Supp. 2d 1381 (M.D. Fla. 2008)

. . . . § 40.271 (2007) (for discharge because of service on a jury); Fla. . . .

CHASE, v. WALGREEN COMPANY,, 750 So. 2d 93 (Fla. Dist. Ct. App. 1999)

. . . Specifically, section 40.271, Florida Statutes (1993), provides: (1) No person summoned to serve on any . . .

Y. BIDON, v. DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION,, 596 So. 2d 450 (Fla. 1992)

. . . E.g., § 40.271, Fla.Stat. (1991) ("individual shall be entitled to collect not only compensatory damages . . .

W. HILL, v. WINN- DIXIE STORES, INC., 934 F.2d 1516 (11th Cir. 1991)

. . . . § 40.271. . . . dismissed Hill’s claim under the Florida statute, finding that the Florida legislature did not intend § 40.271 . . .

MITCHELL, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a, 747 F. Supp. 1446 (M.D. Fla. 1990)

. . . . § 40.271(3). The statute creates a new remedy for the wrong committed. See, e.g., Pier 66 Co. v. . . . be implied as a remedy in addition to any already enumerated in a statute, then the reference in § 40.271 . . . E.g., Fla.Stat. §§ 40.271(3) (retaliatory discharge for jury service); 320.838 (warranty claims on mobile . . .

SCOTT, v. M. ESTALELLA,, 563 So. 2d 701 (Fla. Dist. Ct. App. 1990)

. . . The 1974 version of section 40.271 provided: (1) No person summoned to serve on any grand or petit jury . . . Those provisions are now found in subsections 40.271(1) and (3), Florida Statutes (1987). . . . In 1974, when section 40.271 was enacted, no comparable federal statute existed. . . . to confine section 40.271 to jury service in the state court system. . . . Both versions of subsection 40.271(2) used the phrase “of this state." . . . . She brought this action solely under section 40.271, Florida Statutes (1985) to recover damages provided . . . M.D.Fla.1988), which squarely and simply holds that, as a matter of statutory construction, section 40.271 . . . provides: 40.271 Jury service— (1) No person summoned to serve on any grand or petit jury in this state . . . Count II alleges that defendant’s same acts violated Fla.Stat. § 40.271. . . . In the instant case, the Court finds that § 40.271 is not unambiguous. . . .

ASZKENAS, v. J. B. ROBINSON JEWELERS, INC., 560 So. 2d 1193 (Fla. Dist. Ct. App. 1990)

. . . He brought suit against Robinson under section 40.271, Florida Statutes (1987), requesting compensatory . . . Robinson also contended that Congress had, by enacting 28 U.S.C. § 1875, preempted section 40.271 to . . . Estalella, 560 So.2d 1192 (Fla. 3d DCA 1990), a panel of our court has held that section 40.271, Florida . . . The terms of Florida’s counterpart statute, § 40.271, Fla.Stat., are similar to those of the federal . . .

PIER COMPANY, v. POULOS PHILLIPS PETROLEUM COMPANY, v. POULOS,, 542 So. 2d 377 (Fla. Dist. Ct. App. 1989)

. . . On the wrongful discharge claim, the individual appellants contend that section 40.271, Florida Statutes . . . The statute provides: 40.271 Jury service.— (1) No person summoned to serve on any grand or petit jury . . .

W. HILL, v. WINN- DIXIE STORES, INC., 699 F. Supp. 876 (M.D. Fla. 1988)

. . . . § 40.271. . . . Section 40.271 provides: No person summoned to serve on any grand or petit jury in this state, or accepted . . . In the instant case, the Court finds that § 40.271 is not unambiguous. . . . Although the legislative history of § 40.271 is unenlightening, principles of statutory construction . . . When § 40.271 was enacted, § 40.34(1), which describes the method by which the clerks of the Florida . . .

W. NEIDHART, v. PIONEER FEDERAL SAVINGS AND LOAN ASSOCIATION,, 498 So. 2d 594 (Fla. Dist. Ct. App. 1986)

. . . He based his cause of action on section 40.271, Florida Statutes (1985), which prohibits employers from . . . the trial court erred in granting summary judgment on the issue of Pioneer’s liability under section 40.271 . . . The issue of whether Pioneer is liable under section 40.271(3) is not identical to the finding of the . . . Thus, he had to show that his discharge from Pioneer resulted in a violation of section 40.271(3) for . . . Section 40.271(3) contemplates that any aggrieved person has a right of action in a court of competent . . .

SOUTHLAND DISTRIBUTING COMPANY OF ST. PETERSBURG, a v. VERNAL, VERNAL, v. SOUTHLAND DISTRIBUTING COMPANY OF ST. PETERSBURG, a, 497 So. 2d 1240 (Fla. Dist. Ct. App. 1986)

. . . These appeals arise from a cause of action brought by Vernal on the basis of section 40.271, Florida . . .

BLANGY v. STATE, 481 So. 2d 940 (Fla. Dist. Ct. App. 1985)

. . . and the employee’s supervisor, Patrick Blangy, the appellants herein, with having violated section 40.271 . . . Section 40.271, Florida Statutes, provides as follows: 40.271 Jury service.— (1) No person summoned to . . . We reject appellants’ contention that section 40.271(2), Florida Statutes, only provides for contempt . . . contrary result by finding that the conduct of the appellants herein was committed in violation of section 40.271 . . .

M. HARTLEY, v. OCEAN REEF CLUB, INC., 476 So. 2d 1327 (Fla. Dist. Ct. App. 1985)

. . . See, e.g., § 40.271, Fla.Stat. (1983) (for discharge because of service on a jury); § 112.042, Fla.Stat . . .

D. PATIERNO S. Jr. v. STATE, 391 So. 2d 391 (Fla. Dist. Ct. App. 1980)

. . . The trial judge concluded, however, that F.S. 40.271(1) provides no employee shall be dismissed from . . .