Florida Statute 40.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

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F.S. 40.01

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.

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Amendments to 40.01

Annotations, Discussions, Cases:

Cases Citing Statute 40.01

Total Results: 62

McArthur v. State

351 So. 2d 972

Supreme Court of Florida | Filed: Sep 30, 1977 | Docket: 1246835

Cited 130 times | Published

Appellant's challenge to the jury selection statute, Section 40.01(1), Florida Statutes (1975), essentially asks

Sireci v. State

399 So. 2d 964

Supreme Court of Florida | Filed: Jun 10, 1981 | Docket: 383216

Cited 114 times | Published

including a confession to his brother-in-law. Section 40.01(1), Florida Statutes (1977), provides that any

Marvin Edwin Johnson v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections

938 F.2d 1166

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 1991 | Docket: 831662

Cited 66 times | Published

and (5) the excusal of two jurors pursuant to section 40.-01(1), Florida Statutes (1977), which provided

Hitchcock v. State

413 So. 2d 741

Supreme Court of Florida | Filed: Feb 25, 1982 | Docket: 474638

Cited 59 times | Published

request, exempted all women from jury service. Section 40.01, Florida Statutes (1975), on the other hand

Salvatore v. State

366 So. 2d 745

Supreme Court of Florida | Filed: Sep 7, 1978 | Docket: 480971

Cited 59 times | Published

Also, the attack upon the constitutionality of Section 40.01, Florida Statutes, is without merit, as this

Foster v. State

810 So. 2d 910, 2002 WL 220633

Supreme Court of Florida | Filed: Feb 14, 2002 | Docket: 1224111

Cited 44 times | Published

shall be exempted from grand and petit jury duty." § 40.01(1), Fla. Stat. (1975) (emphasis added). Foster

Clark v. State

379 So. 2d 97

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 360307

Cited 39 times | Published

constitute physical infirmities as required by section 40.01, Florida Statutes (1977).[1] To effectuate this

Leach v. State

132 So. 2d 329

Supreme Court of Florida | Filed: Jun 16, 1961 | Docket: 1381834

Cited 37 times | Published

voters of the county at the time of trial. Section 40.01, Florida Statutes, F.S.A. They state that they

Reaves v. State

639 So. 2d 1, 1994 WL 113407

Supreme Court of Florida | Filed: Apr 7, 1994 | Docket: 1310511

Cited 36 times | Published

of Reaves' trial. Ch. 91-424, Laws of Fla. Section 40.01, Florida Statutes (1991), which directs that

Robinson v. State

520 So. 2d 1, 1988 WL 6032

Supreme Court of Florida | Filed: Jan 28, 1988 | Docket: 1300446

Cited 35 times | Published

registered electors of their respective counties. § 40.01, Fla. Stat. (1985). Jurors may not be under prosecution

State v. Silva

259 So. 2d 153

Supreme Court of Florida | Filed: Feb 22, 1972 | Docket: 471593

Cited 31 times | Published

panel was filed pursuant to FRCrP 3.300, F.S. § 40.01(1), (3), and F.S. § 97.041. Subsequently, the said

Mattie Lee Bryant v. Louie L. Wainwright, Secretary, Florida Department of Corrections

686 F.2d 1373

Court of Appeals for the Eleventh Circuit | Filed: Nov 3, 1982 | Docket: 462977

Cited 30 times | Published

federal system. 28 U.S.C. § 1863(b)(2). Likewise, section 40.01(1) of the Florida Statutes requires that all

Valle v. State

474 So. 2d 796, 10 Fla. L. Weekly 381

Supreme Court of Florida | Filed: Jul 11, 1985 | Docket: 2518323

Cited 29 times | Published

registration list. Appellant argues that although section 40.01, Florida Statutes (1981), requires that all

LeCroy v. State

533 So. 2d 750, 1988 WL 110770

Supreme Court of Florida | Filed: Oct 20, 1988 | Docket: 1232620

Cited 24 times | Published

§ 97.041, Fla. Stat. (1987), serve on a jury, § 40.01, Fla. Stat. (1987), or purchase or possess alcoholic

Jacobs v. State

396 So. 2d 1113

Supreme Court of Florida | Filed: Feb 26, 1981 | Docket: 1448026

Cited 24 times | Published

thereby preserving this point for appeal. Section 40.01, Florida Statutes (1973), provides inter alia

Brennan v. State

754 So. 2d 1, 1999 WL 506966

Supreme Court of Florida | Filed: Jul 8, 1999 | Docket: 471982

Cited 20 times | Published

§ 97.041, Fla. Stat. (1987), serve on a jury, § 40.01, Fla. Stat. (1987), or purchase or possess alcoholic

Woodel v. State

985 So. 2d 524, 2008 WL 1901425

Supreme Court of Florida | Filed: May 1, 2008 | Docket: 1254426

Cited 18 times | Published

in English in order to serve on a jury. Compare § 40.01, Fla. Stat. (2005) (setting forth the qualifications

Williams v. State

285 So. 2d 13

Supreme Court of Florida | Filed: Oct 3, 1973 | Docket: 1743896

Cited 17 times | Published

sound judgment and intelligence" under Section F.S. 40.01(3), F.S.A. I would not have agreed to the majority

Vasil v. State

374 So. 2d 465

Supreme Court of Florida | Filed: Jun 14, 1979 | Docket: 430448

Cited 16 times | Published

petit juries, at their request, pursuant to section 40.01(1), Florida Statutes (1973). This, appellant

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

exploitation of children. [43] See Fla. Stat. § 40.01. [44] See Fla. Stat. § 97.041. [45] See Fla.

Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections

911 F.2d 440, 1990 U.S. App. LEXIS 14759, 1990 WL 120747

Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 1990 | Docket: 997834

Cited 14 times | Published

and (3) the excusal of two jurors pursuant to section 40.01(1), Florida Statutes (1977), which gives automatic

Johnson v. Dugger

523 So. 2d 161, 1988 WL 34013

Supreme Court of Florida | Filed: Apr 11, 1988 | Docket: 2378147

Cited 14 times | Published

and (5) the excusal of two jurors pursuant to section 40.01(1), Florida Statutes (1977), which provided

Bryant v. State

386 So. 2d 237

Supreme Court of Florida | Filed: Jul 17, 1980 | Docket: 1518421

Cited 14 times | Published

Bryant charges that the denial was error because section 40.01, Florida Statutes (1977), is unconstitutional

Pitts v. State

307 So. 2d 473

District Court of Appeal of Florida | Filed: Feb 3, 1975 | Docket: 1699910

Cited 14 times | Published

qualified elector of the county as required by F.S. 40.01(1), thereby invalidating the verdict returned

Seay v. State

286 So. 2d 532

Supreme Court of Florida | Filed: Nov 1, 1973 | Docket: 430530

Cited 14 times | Published

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

Reed v. State

292 So. 2d 7

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1511700

Cited 12 times | Published

carpenters) are not so classified; 3. That Fla. Stat. § 40.01, F.S.A., is unconstitutional on its face in that

Wilson v. State

330 So. 2d 457

Supreme Court of Florida | Filed: Apr 7, 1976 | Docket: 1798203

Cited 11 times | Published

jury panel be dismissed on the ground that Section 40.01, Florida Statutes, is unconstitutional. The

Slaughter v. State

301 So. 2d 762

Supreme Court of Florida | Filed: Sep 25, 1974 | Docket: 1338409

Cited 11 times | Published

persons to conspire to commit another felony, and Section 40.01(1), F.S., which prescribes that one must be

Foxworth v. State

267 So. 2d 647

Supreme Court of Florida | Filed: Sep 20, 1972 | Docket: 1481537

Cited 11 times | Published

duty in accordance with law. Fla. Stat. (1941) § 40.01, F.S.A., required that jurors be taken from the

Lowrey v. State

705 So. 2d 1367, 1998 WL 10589

Supreme Court of Florida | Filed: Jan 15, 1998 | Docket: 1753786

Cited 9 times | Published

stricken. The court today completes the repeal of Section 40.01(1), Florida Statutes. Id. at 614 (Hatchett,

Andrews v. State

443 So. 2d 78

Supreme Court of Florida | Filed: Dec 8, 1983 | Docket: 1025334

Cited 9 times | Published

Florida, qualifications of jurors are governed by section 40.01, Florida Statutes (1981). The only qualification

State v. Rodgers

347 So. 2d 610

Supreme Court of Florida | Filed: Jun 30, 1977 | Docket: 1687289

Cited 9 times | Published

age. The only such requirement is statutory. Section 40.01(1), Florida Statutes, provides that grand and

Shepherd v. State

46 So. 2d 880, 1950 Fla. LEXIS 960

Supreme Court of Florida | Filed: May 16, 1950 | Docket: 1222518

Cited 9 times | Published

Qualifications and Disqualifications of Jurors: Section 40.01, F.S.A., provides: "(1) General qualifications

Johnson v. State

293 So. 2d 71

Supreme Court of Florida | Filed: Apr 3, 1974 | Docket: 1624195

Cited 7 times | Published

32 F.S.A., because the constitutionality of Section 40.01 was impliedly upheld by the trial court. We

Bailey v. State

21 So. 2d 217, 155 Fla. 597, 1945 Fla. LEXIS 597

Supreme Court of Florida | Filed: Jan 9, 1945 | Docket: 3261860

Cited 7 times | Published

relating to jurors were assembled and codified. Section 40.01 prescribes the qualifications of jurors. They

James v. State

843 So. 2d 933, 2003 WL 1628252

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1670544

Cited 6 times | Published

satisfied the requirements set out for jurors under section 40.01, Florida Statutes. Mr. Burtz, who served as

Laidler v. State

627 So. 2d 1263, 1993 WL 502170

District Court of Appeal of Florida | Filed: Dec 8, 1993 | Docket: 1552655

Cited 6 times | Published

juries were limited to qualified men only. See § 40.01(1), Florida Statutes (1941). In 1949, the flat

Rogers v. McMullen

673 F.2d 1185, 1982 U.S. App. LEXIS 20014

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 1982 | Docket: 66191583

Cited 6 times | Published

electors of their respective counties; Fla.Stat.Ann. § 40.01(1) (1974). Chapter 73-21, Laws of Florida, granted

Thompson v. State

300 So. 2d 301

District Court of Appeal of Florida | Filed: Aug 28, 1974 | Docket: 1729227

Cited 6 times | Published

registered voters of the county as required by Section 40.01, F.S.A. This fact was not known until after

Hoyt v. State

119 So. 2d 691

Supreme Court of Florida | Filed: Dec 2, 1959 | Docket: 451339

Cited 6 times | Published

to the validity or constitutionality of F.S. Section 40.01(1), F.S.A.,[1] insofar as it provides that,

Story v. State

53 So. 2d 920, 1951 Fla. LEXIS 1632

Supreme Court of Florida | Filed: Jul 31, 1951 | Docket: 1753197

Cited 6 times | Published

prospective juror under Section 40.07(1) or Section 40.01(2) Florida Statutes, 1941, F.S.A., because a

Duggar v. State

43 So. 2d 860, 1949 Fla. LEXIS 1205

Supreme Court of Florida | Filed: Dec 6, 1949 | Docket: 3265566

Cited 6 times | Published

an offense or crime. The obvious purpose of Section 40.01, F.S. 1941, subsection 2, F.S.A., was to enlarge

Bacom v. State

39 So. 2d 794, 1949 Fla. LEXIS 1322

Supreme Court of Florida | Filed: Apr 8, 1949 | Docket: 3276804

Cited 5 times | Published

the entire panel. We are requested to hold Section 40.01(1), F.S.A., unconstitutional under Ballard v

Scott v. State

207 So. 2d 493

District Court of Appeal of Florida | Filed: Feb 28, 1968 | Docket: 463319

Cited 4 times | Published

because of their sex; and that the proviso in F.S. § 40.01, F.S.A. which states that "the name of no female

Gray Financial Group, Inc. v. U.S. Securities and Exchange Commission

825 F.3d 1236

Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 2016 | Docket: 3079626

Cited 3 times | Published

when it occurs. Id. (quoting 30 C.F.R. § 40.1(b)(1)). A related regulation required that the

Lackner v. Central Florida Investments, Inc.

14 So. 3d 1050, 2009 Fla. App. LEXIS 6556, 2009 WL 1490692

District Court of Appeal of Florida | Filed: May 29, 2009 | Docket: 1157254

Cited 3 times | Published

Legislature has made it explicit by statute. Section 40.001, Florida Statutes (2008), provides in relevant

Marshall v. Holmes

365 F. Supp. 613, 1973 U.S. Dist. LEXIS 11710

District Court, N.D. Florida | Filed: Sep 28, 1973 | Docket: 880338

Cited 3 times | Published

action attack the validity of Florida Statutes, Section 40.01 F.S.A. relating to qualifications and disqualifications

Companioni v. City of Tampa

958 So. 2d 404, 2007 Fla. App. LEXIS 4679, 2007 WL 936355

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1414254

Cited 2 times | Published

voters of the county at the time of trial. Section 40.01, Florida Statutes, F.S.A. They state that they

Wilson v. State

306 So. 2d 513

Supreme Court of Florida | Filed: Jan 15, 1975 | Docket: 424338

Cited 2 times | Published

unconstitutional the method of jury selection under Section 40.01, Florida Statutes 1972, and its implementation

Yanks v. State

273 So. 2d 401

District Court of Appeal of Florida | Filed: Feb 27, 1973 | Docket: 458901

Cited 2 times | Published

not strictly comporting with the provisions of § 40.01 (3), Fla. Stat., F.S.A.[1] Appellant's contentions

James Farmer v. State of Florida

268 So. 3d 1009

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013083

Cited 1 times | Published

10, § 4509 (2018); D.C. Code § 11-1906 (2018); § 40.01, Fla. Stat (2018); Ga. Code Ann. § 15-12-60 (2018);

Harris v. State

726 So. 2d 355, 1999 Fla. App. LEXIS 763, 1999 WL 34688

District Court of Appeal of Florida | Filed: Jan 29, 1999 | Docket: 64786237

Cited 1 times | Published

drivers as required by section 40.01, Florida Statutes (1997). Section 40.01 provides: Jurors shall be

Rotstein v. DEPT. OF PROFESSIONAL & OCCUPATIONAL

397 So. 2d 305

District Court of Appeal of Florida | Filed: Mar 11, 1981 | Docket: 1706668

Cited 1 times | Published

service any person convicted of "any felony." Section 40.01, Florida Statutes (1941).[2] In holding that

L.S. v. State

120 So. 3d 55, 2013 WL 3811672, 2013 Fla. App. LEXIS 11592

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234141

Published

the Florida Constitution, or serve on a jury, section 40.01, Florida Statutes. Their right to marry is restricted

Williams v. State

724 So. 2d 724, 1999 WL 49811

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 205717

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 6, 1989 | Docket: 3255896

Published

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

Ago

Florida Attorney General Reports | Filed: Jan 27, 1989 | Docket: 3256910

Published

authority, the Legislature has enacted Ch. 40, F.S. Section 40.01, F.S., requires that "[j]urors shall be taken

Jones v. State

303 So. 2d 31

District Court of Appeal of Florida | Filed: Nov 19, 1974 | Docket: 64542462

Published

failed to follow the provisions of the statute. See § 40.01(2) and (3), Fla.Stat. We hold that this record

Williams v. Seaboard Airline Railroad

268 So. 2d 459, 1972 Fla. App. LEXIS 6016

District Court of Appeal of Florida | Filed: Nov 2, 1972 | Docket: 64528443

Published

factors which I will now consider. First, I note that § 40-1 (1962) of the West Palm Beach, Florida, City Traffic

Nelson v. State

227 So. 2d 533, 1969 Fla. App. LEXIS 5132

District Court of Appeal of Florida | Filed: Oct 28, 1969 | Docket: 64511874

Published

jurors had not been selected in accordance with § 40.01 Fla. Stat., F.S.A. That appeal resulted in af-firmance

Bryson v. State

211 So. 2d 246, 1968 Fla. App. LEXIS 5456

District Court of Appeal of Florida | Filed: Jun 4, 1968 | Docket: 64505715

Published

not been selected in accordance with Fla.Stat. § 40.01 (1967), F.S.A. The trial court denied their challenges

Williams v. Scholfield

144 So. 2d 89, 8 A.L.R. 3d 485, 1962 Fla. App. LEXIS 3148

District Court of Appeal of Florida | Filed: Jul 5, 1962 | Docket: 60207176

Published

Fertilizer Co., 73 Fla. 1001, 75 So. 749. . F.S. Section 40.01, F.S.A. . 92 C.J.S. Venue § 10, p. 682.