Florida Statutes

Fla. Stat. § 40.01 (2025)

Qualifications of jurors.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

40.01 Qualifications of jurors.—Jurors shall be taken from the male and female persons at least 18 years of age who are citizens of the United States and legal residents of this state and their respective counties and who possess a driver license or identification card issued by the Department of Highway Safety and Motor Vehicles pursuant to chapter 322 or who have executed the affidavit prescribed in s. 40.011.

History.—s. 2, ch. 4015, 1891; ss. 1, 2, ch. 4122, 1893; GS 1570, 1571; s. 1, ch. 6531, 1913; RGS 2771, 2772; ss. 1, 2, ch. 12068, 1927; CGL 4443, 4444; s. 1, ch. 25126, 1949; ss. 1, chs. 26514, 26581, 26848, 1951; ss. 1, 2, ch. 67-154; s. 1, ch. 75-78; s. 1, ch. 79-235; s. 1, ch. 91-235; s. 1, ch. 91-424.

Notes of Decisions

Cited in 63 cases, 1945–2019 · leading case: Duren v. Missouri, 439 U.S. 357 (1979).

Sort: Relevance Newest Treatment

Duren v. Missouri, 439 U.S. 357 (1979). · cites it 4× “100, § 1; Fla. Stat. § 40.01 (1) (1961), repealed by 1967 Fla.”

Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “Code § 11-1906(b)(1)(C) (West 2001) Columbia Florida 18 Fla. Stat. § 40.01 (2003) Georgia 18 Ga. Code Ann.”

Carter v. Jury Comm'n of Greene Cty., 396 U.S. 320 (1970). · cites it 8× “§ 51-217 (1968); Fla. Stat. § 40.01 (3) (1965); Hawaii Rev.”

State v. Silva, 259 So. 2d 153 (Fla. 1972). · cites it 17× “Fla. Stat. § 40.01 (1), F.S.A., provides that jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of the State and who have resided in the State for one year and in their respective counties for six months, and who are fully…”

Foster v. State, 810 So. 2d 910 (Fla. 2002). · cites it 4× “" § 40.01(1), Fla. Stat. (1975) (emphasis added).”

Reed v. State, 292 So. 2d 7 (Fla. 1974). · cites it 16× “That Fla. Stat. § 40.01 , F.S.A., is unconstitutional on its face in that it sets forth a residency requirement for prospective jurors in violation of the Fifth and Sixth Amendments as incorporated in the Fourteenth Amendment of the United States Constitution and the Florida…”

Bryant v. State, 386 So. 2d 237 (Fla. 1980). · cites it 5× “NOTES [1] § 40.01, Fla. Stat. (1977). The portions of § 40.”

Clark v. State, 379 So. 2d 97 (Fla. 1979). · cites it 3× “*103 Clark next argues that the trial court erred in not excluding the entire jury panel because some prospective jurors are automatically excluded by the clerk for illnesses or disabilities which he alleges do not constitute physical infirmities as required by section 40.01,…”

McArthur v. State, 351 So. 2d 972 (Fla. 1977). · cites it 2× “After careful examination of the record, we find that five of these contentions require neither reversal nor extensive discussion.”

Jacobs v. State, 396 So. 2d 1113 (Fla. 1981). · cites it 4× “Section 40.01, Florida Statutes (1973), provides inter alia that grand jurors " shall be taken from the male and female persons over age of twenty-one years, .”

Sireci v. State, 399 So. 2d 964 (Fla. 1981). · cites it 2× “Section 40.01(1), Florida Statutes (1977), provides that any expectant mother or mother of a child under fifteen years of age may be exempted from jury duty upon request.”

State v. Rodgers, 347 So. 2d 610 (Fla. 1977). · cites it 6× “Section 40.01(1), Florida Statutes, provides that grand and petit jurors shall be persons at least eighteen years of age who are citizens of this state, [2] who have resided in this state for one year and in their respective counties for six months, and who are fully qualified…”

Show all 63 citing cases →

— 40.01(1) — 23 cases

Foster v. State, 810 So. 2d 910 (Fla. 2002). “" § 40.01(1), Fla. Stat. (1975) (emphasis added).”

McArthur v. State, 351 So. 2d 972 (Fla. 1977). “After careful examination of the record, we find that five of these contentions require neither reversal nor extensive discussion.”

Sireci v. State, 399 So. 2d 964 (Fla. 1981). “Section 40.01(1), Florida Statutes (1977), provides that any expectant mother or mother of a child under fifteen years of age may be exempted from jury duty upon request.”

State v. Rodgers, 347 So. 2d 610 (Fla. 1977). “Section 40.01(1), Florida Statutes, provides that grand and petit jurors shall be persons at least eighteen years of age who are citizens of this state, [2] who have resided in this state for one year and in their respective counties for six months, and who are fully qualified…”

Vasil v. State, 374 So. 2d 465 (Fla. 1979).

— 40.01(2) — 3 cases

Story v. State, 53 So. 2d 920 (Fla. 1951).

Reed v. State, 292 So. 2d 7 (Fla. 1974). “That Fla. Stat. § 40.01 , F.S.A., is unconstitutional on its face in that it sets forth a residency requirement for prospective jurors in violation of the Fifth and Sixth Amendments as incorporated in the Fourteenth Amendment of the United States Constitution and the Florida…”

Jones v. State, 303 So. 2d 31 (Fla. 3d DCA 1974).

— 40.01(3) — 5 cases

State v. Silva, 259 So. 2d 153 (Fla. 1972). “Fla. Stat. § 40.01 (1), F.S.A., provides that jurors shall be taken from the male and female persons over the age of twenty-one years, who are citizens of the State and who have resided in the State for one year and in their respective counties for six months, and who are fully…”

Clark v. State, 379 So. 2d 97 (Fla. 1979). “*103 Clark next argues that the trial court erred in not excluding the entire jury panel because some prospective jurors are automatically excluded by the clerk for illnesses or disabilities which he alleges do not constitute physical infirmities as required by section 40.01,…”

Williams v. State, 285 So. 2d 13 (Fla. 1973).

Yanks v. State, 273 So. 2d 401 (Fla. 3d DCA 1973).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.