The 2023 Florida Statutes (including Special Session C)
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. . . Code § 11-1906 (2018) ; § 40.01, Fla. Stat (2018) ; Ga. Code Ann. § 15-12-60 (2018); Haw. Rev. . . .
. . . Health Care Coverage for State Employees As set forth in Wisconsin Statute § 40.01(1), the State provides . . .
. . . . §§ 53.1-165.1, 53.1-40.01. . . . Code Ann. § 19.2-264.4(A) ; see also id. §§ 53.1-165.1, 53.1-40.01. . . .
. . . . § 53.1-40.01. After the Supreme Court decided Graham v. . . . Code Ann. § 53.1-40.01. . . .
. . . . § 53.1-40.01). . . .
. . . . § 53.1-40.01 ). Seven years after respondent was sentenced, this Court decided Graham v. . . . least ten years of the sentence imposed may petition the Parole Board for conditional release." § 53.1-40.01 . . .
. . . Code § 53.1-40.01 (permitting “Geriatric Release”). . . .
. . . . § 53.1-40.01. In 2010, the U.S. . . . the court explained that Virginia’s geriatric release program, as set forth in Virginia Code § 53.1-40.01 . . . Code Ann. § 53.1-40.01. . . . authority on Virginia law-r-has construed “[t]he regulations for conditional release under [§ 58.1-40.01 . . . . § 53.1-40.01 (“Geriatric Release”). . . . Code Ann. § 58.1-40.01. . . . Section 53.1-40.01 directs the Parole Board to promulgate regulations necessary to implement the statute . . .
. . . OREGON UNIFORM Civil Jury Instructions No. 40.01; see also Restatement (Second) of Torts § 21 (1965); . . .
. . . Weaver, 267 F.3d 231 (3d Cir.2001) (comparative disparities of 40.01% and 72.98% insufficient, where . . . 97 F.3d 648, 657-58 (2d Cir.1996) ], and the Third Circuit case rejecting comparative disparities of 40.01% . . .
. . . Weaver, 267 F.3d 231 (3d Cir.2001) (comparative disparities of 40.01% and 72.98% insufficient, where . . . (3d Cir.2001) (finding insufficient evidence of underrepresentation where comparative disparity was 40.01% . . .
. . . cannot legally vote, Article VI, Section 2 of the Florida Constitution, or serve on a jury, section 40.01 . . .
. . . . § 53.1-40.01. . . .
. . . Federal Taxation of Insurance Companies ¶ 40.01, at 4017. . . .
. . . 243 (3d Cir.2001) (rejecting an absolute disparity of 1.23% combined with a comparative disparity of 40.01% . . . at 10, and Rioux, 97 F.3d at 657-58, and the Third Circuit case rejecting comparative disparities of 40.01% . . .
. . . .2001) (finding no substantial underrepresentation, even though comparative disparities ranged between 40.01% . . .
. . . . §§ 40.01 et seq; Department of Transportation Drug Testing Regulations for the Motor Carrier Industry . . .
. . . . § 40.01 (2006). . . .
. . . Weaver, 267 F.3d 231, 243 (3d Cir.2001) (finding that comparative disparities of 40.01% and 72.98% were . . .
. . . The court today completes the repeal of Section 40.01(1), Florida Statutes.”); Lowrey, 705 So.2d at 1371 . . . Section 40.01, Florida Statutes, F.S.A. . . .
. . . Sand, et al., Modem Federal Jury Instructions — Criminal § 40.01, Instruction No. 40-14 (2005). . . .
. . . . §40.01 (2003) Georgia 18 Ga. Code Ann. §§15-12-60, 15-12-163 (Lexis 2001) Hawaii 18 Haw. Rev. . . .
. . . Burtz was truthful during voir dire and he satisfied the requirements set out for jurors under section 40.01 . . .
. . . . § 40.01. . See Fla. Stat. § 97.041. . See Fla. Stat. § 381.0075. . See Fla. Stat. § 741.04. . . . .
. . . See §§ 40.01, 40.013, Fla. Stat. (1989). . . .
. . . Section 26-40.01.B stresses that a fiduciary’s immunity is limited by providing: “[Ejxeept as provided . . . See Va.Code Ann. §§ 26-40, 26-40.01 (Mi-chie 1992). . . . See Va.Code § 26-40.01.B.2. . . . But, unless the legislature amends or repeals §§ 26-40 and 26-40.01, the beneficiaries have no recourse . . . The dearth of cases interpreting Va.Code §§ 26-40 and 26-40.01 as they apply to § 26-45.1 makes clear . . .
. . . .” § 40.01(1), Fla. Stat. (1975) (emphasis added). . . . constitutionally entitled to have pregnant women and women with small children serve on his jury since section 40.01 . . .
. . . population that a particular group comprises, id. at 1231, the disparity for African-Americans was 40.01% . . . Weaver urges that we should analyze the figures using comparative disparity, so that the figures of 40.01% . . . Looking first at the comparative disparity figures, we find that they are quite high — 40.01% and 72.98% . . . Percentage in Absolute Comparative 1999 Wheel Population Wheel Disparity Disparity African- 3.07 1.84 1.23 40.01 . . .
. . . Test, at 40.01-40.04. . . .
. . . They reference 40.01 but also reference 40.013 which is the statute that says persons disqualified or . . .
. . . Stat. (1987), serve on a jury, § 40.01, Fla. . . .
. . . from the voter registration rolls and not from those having driver’s licenses as required by section 40.01 . . .
. . . ground that it was selected from registered voters rather than licensed drivers as required by section 40.01 . . . Section 40.01 provides: Jurors shall be taken from the male and female persons at least 18 years of age . . . Section 40.01 became effective January 1, 1998. See Ch. 91-424, § 1, Laws of Fla. (1991). . . .
. . . The court today completes the repeal of Section 40.01(1), Florida Statutes. . . .
. . . Jacobs, Litigation and Practice Under Rule 10b-5 § 40.01, at 2-417 (1996) (hereinafter “Jacobs"). . . . . See also Jacobs, § 40.01, at 2-418 to 2-419 (defining scope of primary liability after Central Bank of . . .
. . . USCS § 35; 16E Julian O. von Kalinowski, Business Organizations-Antitrust Laws and Trade Regulations § 40.01 . . .
. . . Section 40.01, Florida Statutes (1991), which directs that jurors shall be taken from the pool of licensed . . . See § 40.01, Note, Fla.Stat. (Supp. 1992). Reaves’ retrial occurred in February 1992. . . .
. . . [KPMG Peat Marwick, Federal Taxation of Insurance Companies, par. 40.01, at 4038 (1993).] . . .
. . . See § 40.01(1), Florida Statutes (1941). . . .
. . . Modern Federal Jury Instructions ¶ 40.01, at 40-11,40-12 (rev. ed. 1993)).) . . .
. . . national average hourly wage, the figure means that the average hourly wage of hospitals in Caguas is 40.01% . . .
. . . aggravating circumstances found by the district court; and (3) the excusal of two jurors pursuant to section 40.01 . . .
. . . See generally 2A Collier on Bankruptcy, § 40.01 et seq. (14th ed. 1978). . . .
. . . See generally 2A Collier on Bankruptcy, § 40.01 et seq. (14th ed. 1978). . . .
. . . Banner sold 790,000 shares, or 9.98% of CL’s outstanding stock, to CL Investors, leaving Banner with 40.01% . . .
. . . unmarried seventeen-year-old such as appellant cannot vote, § 97.041, Fla.Stat. (1987), serve on a jury, § 40.01 . . .
. . . suppress a pretrial photographic identification; and (5) the ex-cusal of two jurors pursuant to section 40.01 . . .
. . . Thereafter, the trial court made the brief statutory inquiry required by sections 40.01 and 40.013(1) . . . years of age, citizens of the state of Florida, and registered electors of their respective counties. § 40.01 . . .
. . . Pursuant to §§ 12.04 and 40.01 of the Ground Lease, Liona’s position is subordinated to all existing . . .
. . . Appellant argues that although section 40.01, Florida Statutes (1981), requires that all jurors be registered . . . However, this Court has repeatedly upheld the constitutionality of section 40.01 against the argument . . .
. . . -Mulcahy, Counsel file # subject: David Haupt Discharge Local 40.01 - Michigan Bell This is to deny authority . . .
. . . In Florida, qualifications of jurors are governed by section 40.01, Florida Statutes (1981). . . .
. . . The 1970 census showed that at that time 34.6% of the voting age population was black while 40.01% of . . .
. . . Likewise, section 40.01(1) of the Florida Statutes requires that all state jurors be fully qualified . . .
. . . . § 40.01(1) (1974). . . .
. . . Census tracts 35.02, 35.03, 35.04, 36, 40.01, 40.04, 40.08, 40.09, 40.10, 40.11 and 40.-14. . . . 29.01, 29.03, 29.04, 30.01, 30.02, 31.01, 31.02, 32, 33.01, 33.02, 34, 35.01, 35.02, 35.03, 35.04, 36, 40.01 . . .
. . . Section 40.01, Florida Statutes (1975), on the other hand, provides only a limited exemption, and we . . .
. . . comprised by blacks has increased significantly; the black proportion of the population was 30.79% in 1960, 40.01% . . . Sabine Pass Total 1970 Census Total 57,371 3,697 3,567 1,143 65,778 Black 22,994 2 1 100 23,097 % Black 40.01% . . . In 1970, blacks accounted for 40.01% of the total population of old Port Arthur and 34.62% of the VAP . . .
. . . Section 40.01(1), Florida Statutes (1977), provides that any expectant mother or mother of a child under . . .
. . . Section 40.01, Florida Statutes (1973), provides inter alia that grand jurors “shall be taken from the . . . The applicable statute, section 40.01, Florida Statutes (1973), merely requires that the names placed . . .
. . . See 2A Collier on Bankruptcy ¶ 40.01 (14th ed. 1978). . . .
. . . Section 40.01, Florida Statutes (1941). . . . Section 40.01, Florida Statutes (1941): No person, who shall have been convicted of bribery, forgery, . . . jurisdictions may have reached a different conclusion, the Duggar holding is logically defensible since Section 40.01 . . .
. . . Bryant charges that the denial was error because section 40.01, Florida Statutes (1977), is unconstitutional . . . J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur. . § 40.01, Fla.Stat. (1977 . . . The portions of § 40.01 pertinent to this appeal read as follows: 40.01 Qualifications and disqualifications . . .
. . . illnesses or disabilities which he alleges do not constitute physical infirmities as required by section 40.01 . . . Section 40.01(3) provides: In the selection of jury lists only such persons as the selecting officers . . .
. . . persons were excused from service on the grand and petit juries, at their request, pursuant to section 40.01 . . . Section 40.01(1), Florida Statutes (1973) provides: (1) Grand and petit jurors shall be taken from the . . .
. . . See 2 Cavitch, Business Organizations § 40.01-40.04. . . .
. . . . §40.01 (1) (1961), repealed by 1967 Fla. Laws, ch. 67-154, § 1. The current provisions are at N. . . . Stat. § 40.01 (1) (1977) (providing exemption for pregnant women and women with children under age 15 . . .
. . . challenge to the denial of the motion to dismiss the jury venire and a finding that Florida Statute 40.01 . . . We turn first to the petitioner’s allegation that Florida Statute 40.01 is unconstitutional per se. . . . Petitioner next attacks F.S. § 40.01 on the basis that it requires a juror to be a qualified elector. . . . administration by supplying an acceptable list of a fair cross section of the community, Florida Statute § 40.01 . . . Florida Statute § 40.01(1) now provides: “40.01 Qualifications and disqualifications of jurors (1) Grand . . .
. . . Basically, the motion contends that Section 40.01(1), Florida Statutes, is unconstitutional on its face . . . grand jurors, whereas in the instant case no subjective judgment in the jury selection under Section 40.01 . . . under-representation resulted from a systematic exclusion, intentional or otherwise, as a result of Section 40.01 . . . to the under-represented groups that may be cognizable, defendant has failed to demonstrate Section 40.01 . . .
. . . Also, the attack upon the constitutionality of Section 40.01, Florida Statutes, is without merit, as . . .
. . . Appellant’s challenge to the jury selection statute, Section 40.01(1), Florida Statutes (1975), essentially . . .
. . . The court today completes the repeal of Section 40.01(1), Florida Statutes. . . . Section 40.01(1), Florida Statutes, provides that grand and petit jurors shall be persons at least eighteen . . . Section 40.01(1), Florida Statutes (1975), effective June 9, 1975, provides: “Grand and petit jurors . . .
. . . Sec. 40.01(1), Florida Statutes, provides that grand and petit jurors shall be taken from the male and . . .
. . . See also Miller, supra, n. 49 §§ 40.01[3], 40.07; President’s Commission on Law Enforcement and Administration . . . Miller, supra, n. 49 § 40.01 [1]. . . .
. . . on a pre-trial motion, Appellant moved that the jury panel be dismissed on the ground that Section 40.01 . . .
. . . The applicable Florida statute, § 40.01, requires selection of jurors from voter registration lists. . . . Reversed and remanded. . § 40.01 provides: “(1) Grand and petit jurors shall be taken from the male and . . .
. . . defendant was deprived of a fair and impartial trial by virtue of the provision of Florida Statute 40.01 . . . State, 119 So.2d 691 (1960), upheld the constitutionality of the former §40.01(1), which provided in . . . The former statute was more restrictive than the present §40.01(1) in that it required the affirmative . . . The present §40.01 (1) allows even more women on juries. . . . The present §40.01 (1) is not unconstitutional on its face. . . .
. . . of the members of the petit jury was not a duly qualified elector of the county as required by F.S. 40.01 . . .
. . . Florida Stat. 1959, § 40.01 (1), provided that grand and petit jurors be taken from male and female citizens . . .
. . . The appellant contests as unconstitutional the method of jury selection under Section 40.01, Florida . . . State, 292 So.2d 7, 9 (Fla.1974), where we held: “Fla.Stat. § 40.01, F.S.A., provides regulation of the . . .
. . . See § 40.01(2) and (3), Fla.Stat. We hold that this record does not support appellant’s contention. . . .
. . . , which makes it a felony for two or more persons to conspire to commit another felony, and Section 40.01 . . . Section 40.01(1) appears to exclude all citizens from jury service in the trial district who are not . . .
. . . jury which convicted the defendant were not registered voters of the county as required by Section 40.01 . . .
. . . pursuant to Florida Appellate Rule 2.1, subd. a(5), 32 F.S.A., because the constitutionality of Section 40.01 . . . Appellants attack the constitutionality of Section 40.01, Florida Statutes, on the ground that this statute . . . We affirm the order of the trial court which impliedly upheld the constitutionality of Section 40.01, . . .
. . . . § 40.01, F.S.A., is unconstitutional on its face in that it sets forth a residency requirement for . . . Fla.Stat. § 40.01, F.S.A., provides regulation of the process of jury selection which is not, per se, . . . Fla.Stat. § 40.01, F.S.A., provides the following general requirements for grand and petit jurors: 1. . . . Silva, supra, we held that Fla.Stat. § 40.01, F.S.A., is constitutional. . . . As to the specific issues raised about the application of Fla.Stat. § 40.01, F.S.A., in Dade County, . . . Section 40.01(1), F.S.A., is unconstitutional in that it provides that both grand and petit jurors shall . . . Section 40.01, F.S.A., is unconstitutional in that it provides both grand and petit jurors shall be selected . . . Section 40.01(1), F.S.A. . . . Section 40.01(1), F.S.A., must yield to the latest voter registration requirements of the legislative . . . Section 40.01(3), F.S.A.) are concerned, the same are in conflict with modern decisions requiring random . . .
. . . Sections 40.01 and 782.04, F.S.A. . . . .-§§ 40.01 and 782.04 F.S.A. We have jurisdiction under Article V, § 3(b)(1), F.S.A. . . .
. . . jury panels as being unconstitutionally drawn pursuant to Rule 3.300, F.R.Cr.Pr., and Sections F.S. 40.01 . . .
. . . citizens of “approved integrity, good character, sound judgment and intelligence” under Section F.S. 40.01 . . .
. . . Plaintiffs in this class action attack the validity of Florida Statutes, Section 40.01 F.S.A. relating . . . Plaintiffs contend herein that Florida Statutes, Section 40.01 F.S.A., upon which the Levy County, Florida . . . In sum, the Court finds that Florida Statutes, Section 40.01, F.S.A., is neither unconstitutional on . . . In 1961 the Supreme Court construed Florida Statutes 40.01(1), F.S.A. . . . The present amended form of Florida Statutes 40.01(1), F.S.A., which is contested in the matter before . . .
. . . See generally, 2 Collier on Bankruptcy § 40.01 [4] (1971). . . .
. . . method of jury selection in Dade County, Florida, as not strictly comporting with the provisions of § 40.01 . . . Fla.Stat., § 40.01(3), F.S.A., provides: “(3) In the selection of jury lists only such persons as the . . .
. . . Fla.Stat. (1941) § 40.01, F.S.A., required that jurors be taken from the male persons over the age of . . .
. . . . § 40.01(1), (3), and F.S. § 97.041. . . . That the ruling on whether F.S. § 40.01(3) is constitutional, is deferred pending certification to and . . . Whether Florida Statutes § 40.01(1), dealing with the qualifications of jurors, wherein only persons . . . Stat. §40.01(3), F.S.A. . . . Fla.Stat. § 40.01(3), F.S.A., is constitutional. . . .
. . . Compare, for example, 3 Frumer & Friedman, Products Liability § 40.01 [2] (1967). . . . . See, e. g., 3 Frumer & Friedman, Products Liability § 40.01 [2] at 12-20 to 12-21 (1967). . . . .
. . . . § 40.01 (3) (1965); Hawaii Rev. Stat. § 609-1 (3) (1968); 111. Rev. . . . Stat. § 40.01 (3) (1965); in. Rev. Stat., c. 78, §2 (1967); Kan. Stat. Ann. §43-102 (1964); Me. . . . Stat. § 40.01 (3) (1965); Hawaii Rev. Stat. § 609-1 (3) (1968); Md. Ann. . . . Stat. § 40.01 (3) (1965) (same); 111. Rev. . . .
. . . challenge of the jury panel on the ground that the jurors had not been selected in accordance with § 40.01 . . .
. . . . § 40.01 (1967), F.S.A. . . . Prior to September 1, 1967, Fla.Stat. § 40.01, F.S.A. had provided “that the name of no female person . . . Fla.Stat. § 40.01 (1967), F.S.A., effective September 1, 1967, provides: “(1) Grand and petit jurors . . . Fla.Stat. § 40.01 (1967), F.S.A., however, must be considered in pari ma-teria with the other provisions . . . Stat. § 40.01 (1967), F.S.A. serves merely to prescribe the qualifications and disqualifications for . . .
. . . . § 40.01, F.S.A. which states that “the name of no female person shall be taken for jury service unless . . . The proviso to F.S. § 40.01, F.S.A. here-inbefore quoted was held constitutional by the Florida Supreme . . . whether such an exclusion of zuomen from jury service has been shown. * * * * * * Manifestly, Florida’s § 40.01 . . . The proviso in F.S. § 40.01, F.S.A., in effect when the instant case was tried, merely provides that . . . Chapter 67-154 General Laws of Florida, 1967, which, in effect, repealed the aforesaid proviso to F.S. § 40.01 . . .