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. 40.29

40.29 Payment of due-process costs; reimbursement for petitions and orders.—

(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 necessary to pay for ordinary witnesses, including, but not limited to, witnesses in civil traffic cases and witnesses of the state attorney, the public defender, criminal conflict and civil regional counsel, private court-appointed counsel, and persons determined to be indigent for costs. Each quarter of the state fiscal year, the commission, based upon the estimates, shall advance funds to each clerk to pay for these ordinary witnesses from state funds specifically appropriated for the payment of ordinary witnesses.

(2) Upon receipt of an estimate pursuant to subsection (1), the Justice Administrative Commission shall endorse the amount deemed necessary for payment by the clerk of the court during the quarterly fiscal period and shall submit a request for payment to the Chief Financial Officer.

(3) Upon receipt of the funds from the Chief Financial Officer, the clerk of the court shall pay all invoices approved and submitted by the state attorney, the public defender, criminal conflict and civil regional counsel, and private court-appointed counsel for the items enumerated in subsection (1).

(4) After review for compliance with applicable rates and requirements, the Justice Administrative Commission shall pay all due process service related invoices, except those enumerated in subsection (1), approved and submitted by the state attorney, the public defender, criminal conflict and civil regional counsel, or private court-appointed counsel in accordance with the applicable requirements of ss. 29.005-29.007.

(5) The Justice Administrative Commission shall reimburse funds to the clerks of the court to compensate jurors, to pay for meals or lodging provided to jurors, and to pay for jury-related personnel costs as provided in this section. Each clerk of the court must submit a request for reimbursement to the Florida Clerks of Court Operations Corporation within 20 days after each quarter attesting to the clerk’s actual costs to compensate jurors, to pay for meals or lodging provided to jurors, and to pay for jury-related personnel costs. The Florida Clerks of Court Operations Corporation must review the request for reimbursement to ensure that the costs are reasonably and directly related to jury management. The Florida Clerks of Court Operations Corporation must forward to the Justice Administrative Commission the amount necessary to reimburse each clerk of the court for its personnel and other costs related to jury management unless the total request for reimbursement by the clerks exceeds the quarterly funds available to the Justice Administrative Commission, in which case the Florida Clerks of Court Operations Corporation shall adjust the cumulative total to match the available funds before submitting the request to the Justice Administrative Commission. Upon receipt of each request for reimbursement, the Justice Administrative Commission must review the amount deemed necessary for payment to the clerks of the court for the most recently completed quarter, determine if the total payment amount is available, and submit a request for payment to the Chief Financial Officer. The clerks of the court are responsible for any compensation to jurors, for payments for meals or lodging provided to jurors, and for jury-related personnel costs that exceed the funding provided in the General Appropriations Act for these purposes.

(6) Subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions and orders filed under ss. 394.459, 394.463, 394.467, 394.917, and 397.6814, at the rate of $40 per petition or order. Such request for reimbursement shall be submitted in the form and manner prescribed by the Justice Administrative Commission pursuant to s. 28.35(2)(i).

History.—s. 1, ch. 4121, 1893; GS 1591; s. 1, ch. 7262, 1917; RGS 2793; CGL 4479; s. 1, ch. 65-483; s. 2, ch. 68-7; s. 6, ch. 69-353; s. 9, ch. 73-334; s. 12, ch. 79-235; ss. 2, 7, ch. 82-176; s. 252, ch. 95-147; s. 17, ch. 95-312; s. 1, ch. 98-92; s. 62, ch. 2003-402; s. 38, ch. 2004-265; s. 27, ch. 2005-236; s. 16, ch. 2008-111; s. 6, ch. 2017-126; s. 9, ch. 2021-116; s. 3, ch. 2022-201.

F.S. 40.29 on Google Scholar

F.S. 40.29 on Casetext

Amendments to 40.29

Arrestable Offenses / Crimes under Fla. Stat. 40.29

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.29.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ODONNELL, On v. HARRIS COUNTY, TEXAS,, 251 F. Supp. 3d 1052 (S.D. Tex. 2017)

. . . on prior convictions and "for the same reason deny your personal bond”); August 23, 2016, 15.46 at 40.29 . . .

UNITED STATES EX REL. SILVER, v. OMNICARE, INC., 222 F. Supp. 3d 391 (D.N.J. 2016)

. . . Thus, just to break even, he needed to get paid $40.29 per patient, per day. . . .

N. JACKSON, v. RYAN S FAMILY STEAK HOUSE, 27 So. 3d 90 (Fla. Dist. Ct. App. 2009)

. . . section 440.34(l)(a)-(f), Florida Statutes (2002) and, after establishing that a guideline fee of $40.29 . . . As the benefit obtained had a monetary value of $201.44, I find the award of a statutory fee of $40.29 . . .

P. SIOTKAS, v. LABONE, INC. J. v., 594 F. Supp. 2d 259 (E.D.N.Y. 2009)

. . . . § 40.29(n)(3) (1998), (1999) (requiring equipment to be “certified for accuracy”); id. § 40.29(n)(4 . . .

ROTHE DEVELOPMENT CORPORATION, v. U. S. DEPARTMENT OF DEFENSE U. S., 499 F. Supp. 2d 775 (W.D. Tex. 2007)

. . . Caucasian Male Business Enterprises represent 40.29 percent of the available architecture and engineering . . . 17.59 percent, Hispanic Americans represent 9.19 percent, and Minority Business Enterprises represent 40.29 . . .

SPRATT, v. RHODE ISLAND DEPARTMENT OF CORRECTIONS A. T. WALL,, 482 F.3d 33 (1st Cir. 2007)

. . . restrictive means” test in RFRA, and asked for declaratory relief, injunctive relief, and damages of $40.29 . . .

CHAPMAN v. LAB ONE, a a v. a a a, 390 F.3d 620 (8th Cir. 2004)

. . . . § 40.29(g)(3); 49 C.F.R. §§ 40.29(h), 40.29(m), 40.35). . . .

W. DRAKE, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, J. Dr. H., 290 F. Supp. 2d 352 (E.D.N.Y. 2003)

. . . by or on behalf of the employee and arising from a verified positive drug test,” 49 C.F.R. pt. 40, § 40.29 . . . by or on behalf of the employee ... arising from a verified positive drug test,” 49 C.F.R. pt. 40, § 40.29 . . . (g)(3); see also 49 C.F.R. §§ 40.29. . . . (h); 40.29(m); 40.35. . . . As a consequence of a consolidation in 2000, the provisions in 49 C.F.R. pt. 40, § 40.29(g)(3)(1989) . . .

McINTYRE, Sr. v. SEMINOLE COUNTY SCHOOL BOARD,, 779 So. 2d 639 (Fla. Dist. Ct. App. 2001)

. . . . §§ 40.25; 40.29; 40.3; Fla. Stat. § 112.0455(5)(d) & (12). . . . See 49 C.F.R. § 40.29(a)(1), (b)(3), (g)(l)-(7); Fla. Stat. § 112.0455(8). . . .

PASCAL, v. STORAGE TECHNOLOGY CORP., 152 F. Supp. 2d 191 (D. Conn. 2001)

. . . October 6, 1997, showing quota percentage ranking through August 1997 indicates that Pascal had met 40.29% . . .

J. PARRY, v. MOHAWK MOTORS OF MICHIGAN, INC. ER J. APIC, 236 F.3d 299 (6th Cir. 2000)

. . . . § 40.29 . . .

J. PARRY, v. MOHAWK MOTORS OF MICHIGAN, INC. ER J. APIC, 236 F.3d 299 (6th Cir. 2000)

. . . . § 40.29 . . .

D. GUTHRIE, v. CENTRAL DISTRIBUTING COMPANY, INC., 74 F. Supp. 2d 657 (S.D.W. Va. 1999)

. . . . § 40.29. . . . eliminate ‘negative’ urine specimens from further analysis.” 49 C.F.R. § 40.3; see also 49 C.F.R. § 40.29 . . . See 49 C.F.R. § 40.29(f). . . .

COLEMAN, v. TOWN OF HEMPSTEAD, J. M. D., 30 F. Supp. 2d 356 (E.D.N.Y. 1999)

. . . . § 40.29(b)(2). . . .

LOGISTICS PERSONNEL CORP. v. TRUCK DRIVERS LOCAL UNION NO., 6 F. Supp. 2d 650 (E.D. Mich. 1998)

. . . . § 40.29(g)(3). . . .

In L. GRAVES Jr. H. COMPASS BANK FOR SAVINGS, v. G. BELLINGHAM, L. Jr. H., 212 B.R. 692 (B.A.P. 1st Cir. 1997)

. . . The officer also indicated that interest accrues at the rate of $40.29 per day, or almost $15,000 per . . .

INTERSTATE BRANDS CORPORATION v. LOCAL RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL- CIO,, 39 F.3d 1159 (11th Cir. 1994)

. . . Section 40.29(a)(1) requires that: When a shipment of specimens is received, laboratory personnel shall . . .

EXXON SHIPPING COMPANY, v. EXXON SEAMEN S UNION,, 993 F.2d 357 (3d Cir. 1993)

. . . . § 40.29(e). . . .

BENAVIDES, v. JACKSON NATIONAL LIFE INSURANCE COMPANY,, 820 F. Supp. 1284 (D. Colo. 1993)

. . . Benavides paid his first premium in the amount of $40.29. On April 17, 1989, Defendant issued Mr. . . .

EXXON SHIPPING COMPANY, A v. EXXON SEAMEN S UNION,, 788 F. Supp. 829 (D.N.J. 1992)

. . . . § 40.29. . . .

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)

. . . . § 40.29(e). . . . . § 40.29(f). . . .

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 . . .

v., 72 T.C. 855 (T.C. 1979)

. . . 0.04 33.47 0 2.83 38.11 0 1959 3.13 8.76 0 44.72 3.86 0.80 38.73 0 1960 10.20 12.35 0 34.73 0 2.43 40.29 . . .

D. GRIES v. UNITED STATES O. TAYLOR v. UNITED STATES FIDELITY CASUALTY COMPANY OF NEW YORK, a v. UNITED STATES, 205 F. Supp. 164 (D. Md. 1962)

. . . them: Life Work Present Age Expectancy Expectancy Value $1.00 Taylor 36 35.68 28.2 16.663 Gries 31 40.29 . . .

HANSON, v. REISS STEAMSHIP COMPANY, a, 184 F. Supp. 545 (D. Del. 1960)

. . . which libellant fixes as $1.28% an hour) during the term of his life expectancy which was proved as 40.29 . . .

v., 30 Cust. Ct. 487 (Cust. Ct. 1952)

. . . Accumulated rate of expenses for the period Jan. 1st to July 31st, 1946: 182.82% of cost of direct labor_$40.29 . . .

Co. v., 40 C.C.P.A. 104 (C.C.P.A. 1952)

. . . appraised the importation at $2 per kilogram of cheese after having deducted 2%% allowance for tare, 40.29 . . . It may be remembered that the appraiser made a tare allowance of 40.29 from the weight of the cheese . . .

H., 33 Fla. 661 (Fla. 1894)

. . . The purpose of the Legislature then was that the act of June 4th, 1891, Chapter 40.29, should not be . . .