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Florida Statute 40.001 - Full Text and Legal Analysis
Florida Statute 40.001 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 40.001 Case Law from Google Scholar Google Search for Amendments to 40.001

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS
View Entire Chapter
40.001 Chief judge; authority; duties.—The chief judge of each judicial circuit is vested with overall authority and responsibility for the management, operation, and oversight of the jury system within his or her circuit. However, in accordance with this chapter and chapter 905, the clerk of the circuit court has specific responsibilities regarding the processing of jurors, including, but not limited to, qualifications, summons, selection lists, reporting, and compensation of jurors. The clerk of the circuit court may contract with the chief judge for the court’s assistance in the provision of services to process jurors. The chief judge may also designate to the clerk of the circuit court additional duties consistent with established uniform standards of jury management practices that the Supreme Court may adopt by rule or issue through administrative order.
History.—s. 60, ch. 2003-402.

F.S. 40.001 on Google Scholar

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Amendments to 40.001


Annotations, Discussions, Cases:

Cases Citing Statute 40.001

Total Results: 62  |  Sort by: Relevance  |  Newest First

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McArthur v. State, 351 So. 2d 972 (Fla. 1977).

Cited 130 times | Published | Supreme Court of Florida

Appellant's challenge to the jury selection statute, Section 40.01(1), Florida Statutes (1975), essentially asks
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Sireci v. State, 399 So. 2d 964 (Fla. 1981).

Cited 114 times | Published | Supreme Court of Florida

including a confession to his brother-in-law. Section 40.01(1), Florida Statutes (1977), provides that any
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Marvin Edwin Johnson v. Harry K. Singletary, Jr., Sec'y, Florida Dep't of Corr., 938 F.2d 1166 (11th Cir. 1991).

Cited 66 times | Published | Court of Appeals for the Eleventh Circuit

and (5) the excusal of two jurors pursuant to section 40.-01(1), Florida Statutes (1977), which provided
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Salvatore v. State, 366 So. 2d 745 (Fla. 1978).

Cited 59 times | Published | Supreme Court of Florida

Also, the attack upon the constitutionality of Section 40.01, Florida Statutes, is without merit, as this
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Hitchcock v. State, 413 So. 2d 741 (Fla. 1982).

Cited 59 times | Published | Supreme Court of Florida

request, exempted all women from jury service. Section 40.01, Florida Statutes (1975), on the other hand
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Foster v. State, 810 So. 2d 910 (Fla. 2002).

Cited 44 times | Published | Supreme Court of Florida | 2002 WL 220633

shall be exempted from grand and petit jury duty." § 40.01(1), Fla. Stat. (1975) (emphasis added). Foster
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Clark v. State, 379 So. 2d 97 (Fla. 1979).

Cited 39 times | Published | Supreme Court of Florida

constitute physical infirmities as required by section 40.01, Florida Statutes (1977).[1] To effectuate this
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Leach v. State, 132 So. 2d 329 (Fla. 1961).

Cited 37 times | Published | Supreme Court of Florida

voters of the county at the time of trial. Section 40.01, Florida Statutes, F.S.A. They state that they
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Reaves v. State, 639 So. 2d 1 (Fla. 1994).

Cited 36 times | Published | Supreme Court of Florida | 1994 WL 113407

of Reaves' trial. Ch. 91-424, Laws of Fla. Section 40.01, Florida Statutes (1991), which directs that
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Robinson v. State, 520 So. 2d 1 (Fla. 1988).

Cited 35 times | Published | Supreme Court of Florida | 1988 WL 6032

registered electors of their respective counties. § 40.01, Fla. Stat. (1985). Jurors may not be under prosecution
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State v. Silva, 259 So. 2d 153 (Fla. 1972).

Cited 31 times | Published | Supreme Court of Florida

panel was filed pursuant to FRCrP 3.300, F.S. § 40.01(1), (3), and F.S. § 97.041. Subsequently, the said
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Mattie Lee Bryant v. Louie L. Wainwright, Sec'y, Florida Dep't of Corr., 686 F.2d 1373 (11th Cir. 1982).

Cited 30 times | Published | Court of Appeals for the Eleventh Circuit

federal system. 28 U.S.C. § 1863(b)(2). Likewise, section 40.01(1) of the Florida Statutes requires that all
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Valle v. State, 474 So. 2d 796 (Fla. 1985).

Cited 29 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 381

registration list. Appellant argues that although section 40.01, Florida Statutes (1981), requires that all
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LeCroy v. State, 533 So. 2d 750 (Fla. 1988).

Cited 24 times | Published | Supreme Court of Florida | 1988 WL 110770

§ 97.041, Fla. Stat. (1987), serve on a jury, § 40.01, Fla. Stat. (1987), or purchase or possess alcoholic
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Jacobs v. State, 396 So. 2d 1113 (Fla. 1981).

Cited 24 times | Published | Supreme Court of Florida

thereby preserving this point for appeal. Section 40.01, Florida Statutes (1973), provides inter alia
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Brennan v. State, 754 So. 2d 1 (Fla. 1999).

Cited 20 times | Published | Supreme Court of Florida | 1999 WL 506966

§ 97.041, Fla. Stat. (1987), serve on a jury, § 40.01, Fla. Stat. (1987), or purchase or possess alcoholic
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Woodel v. State, 985 So. 2d 524 (Fla. 2008).

Cited 18 times | Published | Supreme Court of Florida | 2008 WL 1901425

in English in order to serve on a jury. Compare § 40.01, Fla. Stat. (2005) (setting forth the qualifications
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Williams v. State, 285 So. 2d 13 (Fla. 1973).

Cited 17 times | Published | Supreme Court of Florida

sound judgment and intelligence" under Section F.S. 40.01(3), F.S.A. I would not have agreed to the majority
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Vasil v. State, 374 So. 2d 465 (Fla. 1979).

Cited 16 times | Published | Supreme Court of Florida

petit juries, at their request, pursuant to section 40.01(1), Florida Statutes (1973). This, appellant
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Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002).

Cited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

exploitation of children. [43] See Fla. Stat. § 40.01. [44] See Fla. Stat. § 97.041. [45] See Fla.
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Seay v. State, 286 So. 2d 532 (Fla. 1973).

Cited 14 times | Published | Supreme Court of Florida

pursuant to Rule 3.300, F.R.Cr.Pr., and Sections F.S. 40.01(1) and (3), and 97.041, F.S.A. Judge Friedman
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Bryant v. State, 386 So. 2d 237 (Fla. 1980).

Cited 14 times | Published | Supreme Court of Florida

Bryant charges that the denial was error because section 40.01, Florida Statutes (1977), is unconstitutional
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Pitts v. State, 307 So. 2d 473 (Fla. 1st DCA 1975).

Cited 14 times | Published | Florida 1st District Court of Appeal

qualified elector of the county as required by F.S. 40.01(1), thereby invalidating the verdict returned
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Marvin Edwin Johnson v. Richard L. Dugger, Sec'y, Florida Dep't of Corr., 911 F.2d 440 (11th Cir. 1990).

Cited 14 times | Published | Court of Appeals for the Eleventh Circuit | 1990 U.S. App. LEXIS 14759, 1990 WL 120747

and (3) the excusal of two jurors pursuant to section 40.01(1), Florida Statutes (1977), which gives automatic
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Johnson v. Dugger, 523 So. 2d 161 (Fla. 1988).

Cited 14 times | Published | Supreme Court of Florida | 1988 WL 34013

and (5) the excusal of two jurors pursuant to section 40.01(1), Florida Statutes (1977), which provided
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Reed v. State, 292 So. 2d 7 (Fla. 1974).

Cited 12 times | Published | Supreme Court of Florida

carpenters) are not so classified; 3. That Fla. Stat. § 40.01, F.S.A., is unconstitutional on its face in that
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Slaughter v. State, 301 So. 2d 762 (Fla. 1974).

Cited 11 times | Published | Supreme Court of Florida

persons to conspire to commit another felony, and Section 40.01(1), F.S., which prescribes that one must be
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Foxworth v. State, 267 So. 2d 647 (Fla. 1972).

Cited 11 times | Published | Supreme Court of Florida

duty in accordance with law. Fla. Stat. (1941) § 40.01, F.S.A., required that jurors be taken from the
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Wilson v. State, 330 So. 2d 457 (Fla. 1976).

Cited 11 times | Published | Supreme Court of Florida

jury panel be dismissed on the ground that Section 40.01, Florida Statutes, is unconstitutional. The
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Shepherd v. State, 46 So. 2d 880 (Fla. 1950).

Cited 9 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 960

Qualifications and Disqualifications of Jurors: Section 40.01, F.S.A., provides: "(1) General qualifications
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State v. Rodgers, 347 So. 2d 610 (Fla. 1977).

Cited 9 times | Published | Supreme Court of Florida

age. The only such requirement is statutory. Section 40.01(1), Florida Statutes, provides that grand and
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Lowrey v. State, 705 So. 2d 1367 (Fla. 1998).

Cited 9 times | Published | Supreme Court of Florida | 1998 WL 10589

stricken. The court today completes the repeal of Section 40.01(1), Florida Statutes. Id. at 614 (Hatchett,
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Andrews v. State, 443 So. 2d 78 (Fla. 1983).

Cited 9 times | Published | Supreme Court of Florida

Florida, qualifications of jurors are governed by section 40.01, Florida Statutes (1981). The only qualification
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Bailey v. State, 21 So. 2d 217 (Fla. 1945).

Cited 7 times | Published | Supreme Court of Florida | 155 Fla. 597, 1945 Fla. LEXIS 597

relating to jurors were assembled and codified. Section 40.01 prescribes the qualifications of jurors. They
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Johnson v. State, 293 So. 2d 71 (Fla. 1974).

Cited 7 times | Published | Supreme Court of Florida

32 F.S.A., because the constitutionality of Section 40.01 was impliedly upheld by the trial court. We
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James v. State, 843 So. 2d 933 (Fla. 4th DCA 2003).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2003 WL 1628252

satisfied the requirements set out for jurors under section 40.01, Florida Statutes. Mr. Burtz, who served as
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Story v. State, 53 So. 2d 920 (Fla. 1951).

Cited 6 times | Published | Supreme Court of Florida | 1951 Fla. LEXIS 1632

prospective juror under Section 40.07(1) or Section 40.01(2) Florida Statutes, 1941, F.S.A., because a
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Laidler v. State, 627 So. 2d 1263 (Fla. 4th DCA 1993).

Cited 6 times | Published | Florida 4th District Court of Appeal | 1993 WL 502170

juries were limited to qualified men only. See § 40.01(1), Florida Statutes (1941). In 1949, the flat
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Duggar v. State, 43 So. 2d 860 (Fla. 1949).

Cited 6 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1205

an offense or crime. The obvious purpose of Section 40.01, F.S. 1941, subsection 2, F.S.A., was to enlarge
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Hoyt v. State, 119 So. 2d 691 (Fla. 1959).

Cited 6 times | Published | Supreme Court of Florida

to the validity or constitutionality of F.S. Section 40.01(1), F.S.A.,[1] insofar as it provides that,
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Thompson v. State, 300 So. 2d 301 (Fla. 2d DCA 1974).

Cited 6 times | Published | Florida 2nd District Court of Appeal

registered voters of the county as required by Section 40.01, F.S.A. This fact was not known until after
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Rogers v. McMullen, 673 F.2d 1185 (11th Cir. 1982).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 20014

electors of their respective counties; Fla.Stat.Ann. § 40.01(1) (1974). Chapter 73-21, Laws of Florida, granted
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Bacom v. State, 39 So. 2d 794 (Fla. 1949).

Cited 5 times | Published | Supreme Court of Florida | 1949 Fla. LEXIS 1322

the entire panel. We are requested to hold Section 40.01(1), F.S.A., unconstitutional under Ballard v
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Scott v. State, 207 So. 2d 493 (Fla. 2d DCA 1968).

Cited 4 times | Published | Florida 2nd District Court of Appeal

because of their sex; and that the proviso in F.S. § 40.01, F.S.A. which states that "the name of no female
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Marshall v. Holmes, 365 F. Supp. 613 (N.D. Fla. 1973).

Cited 3 times | Published | District Court, N.D. Florida | 1973 U.S. Dist. LEXIS 11710

action attack the validity of Florida Statutes, Section 40.01 F.S.A. relating to qualifications and disqualifications
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Lackner v. Cent. Florida Investments, Inc., 14 So. 3d 1050 (Fla. 5th DCA 2009).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 6556, 2009 WL 1490692

...ible delegation of judicial authority. Article V of the Florida Constitution vests judicial power exclusively in the courts. The authority to conduct jury trials is implicit in the judicial power, and the Legislature has made it explicit by statute. Section 40.001, Florida Statutes (2008), provides in relevant part: "The chief judge of each judicial circuit is vested with overall authority and responsibility for the management, operation, and oversight of the jury system within his or her circui...
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Gray Fin. Grp., Inc. v. U.S. Sec. & Exch. Comm'n, 825 F.3d 1236 (11th Cir. 2016).

Cited 3 times | Published | Court of Appeals for the Eleventh Circuit

when it occurs. Id. (quoting 30 C.F.R. § 40.1(b)(1)). A related regulation required that the
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Companioni v. City of Tampa, 958 So. 2d 404 (Fla. 2d DCA 2007).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 4679, 2007 WL 936355

voters of the county at the time of trial. Section 40.01, Florida Statutes, F.S.A. They state that they
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Wilson v. State, 306 So. 2d 513 (Fla. 1975).

Cited 2 times | Published | Supreme Court of Florida

unconstitutional the method of jury selection under Section 40.01, Florida Statutes 1972, and its implementation
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Yanks v. State, 273 So. 2d 401 (Fla. 3d DCA 1973).

Cited 2 times | Published | Florida 3rd District Court of Appeal

not strictly comporting with the provisions of § 40.01 (3), Fla. Stat., F.S.A.[1] Appellant's contentions
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Rotstein v. Dept. of Prof'l & Occupational, 397 So. 2d 305 (Fla. 1st DCA 1981).

Cited 1 times | Published | Florida 1st District Court of Appeal

service any person convicted of "any felony." Section 40.01, Florida Statutes (1941).[2] In holding that
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Harris v. State, 726 So. 2d 355 (Fla. Dist. Ct. App. 1999).

Cited 1 times | Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 763, 1999 WL 34688

drivers as required by section 40.01, Florida Statutes (1997). Section 40.01 provides: Jurors shall be
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James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019).

Cited 1 times | Published | Florida 1st District Court of Appeal

10, § 4509 (2018); D.C. Code § 11-1906 (2018); § 40.01, Fla. Stat (2018); Ga. Code Ann. § 15-12-60 (2018);
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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

342 (Fla. 1952). 12 Section 40.02(1), F.S. 13 Section 40.01, F.S. 14 Section 40.013, F.S. 15 Attorney General
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Nelson v. State, 227 So. 2d 533 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5132

jurors had not been selected in accordance with § 40.01 Fla. Stat., F.S.A. That appeal resulted in af-firmance
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Williams v. Seaboard Airline R.R., 268 So. 2d 459 (Fla. Dist. Ct. App. 1972).

Published | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6016

factors which I will now consider. First, I note that § 40-1 (1962) of the West Palm Beach, Florida, City Traffic
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Jones v. State, 303 So. 2d 31 (Fla. 5th DCA 1974).

Published | Florida 5th District Court of Appeal

failed to follow the provisions of the statute. See § 40.01(2) and (3), Fla.Stat. We hold that this record
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Bryson v. State, 211 So. 2d 246 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5456

not been selected in accordance with Fla.Stat. § 40.01 (1967), F.S.A. The trial court denied their challenges
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Williams v. Scholfield, 144 So. 2d 89 (Fla. Dist. Ct. App. 1962).

Published | District Court of Appeal of Florida | 8 A.L.R. 3d 485, 1962 Fla. App. LEXIS 3148

Fertilizer Co., 73 Fla. 1001, 75 So. 749. . F.S. Section 40.01, F.S.A. . 92 C.J.S. Venue § 10, p. 682.
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L.S. v. State, 120 So. 3d 55 (Fla. 4th DCA 2013).

Published | Florida 4th District Court of Appeal | 2013 WL 3811672, 2013 Fla. App. LEXIS 11592

the Florida Constitution, or serve on a jury, section 40.01, Florida Statutes. Their right to marry is restricted
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Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

authority, the Legislature has enacted Ch. 40, F.S. Section 40.01, F.S., requires that "[j]urors shall be taken
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Williams v. State, 724 So. 2d 724 (Fla. 5th DCA 1999).

Published | Florida 5th District Court of Appeal | 1999 WL 49811

those having driver's licenses as required by section 40.01, Florida Statutes (1997). The venire from which

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