Florida Statutes
Fla. Stat. § 40.013 (2025)
Persons disqualified or excused from jury service.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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40.013 Persons disqualified or excused from jury service.—
(1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state, territory, or country of bribery, forgery, perjury, larceny, or any other offense that is a felony in this state or which if it had been committed in this state would be a felony, unless restored to civil rights, shall be qualified to serve as a juror.
(2)(a) Neither the Governor, nor Lieutenant Governor, nor any Cabinet officer, nor clerk of court, or judge shall be qualified to be a juror.
(b) Any full-time federal, state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.
(3) No person interested in any issue to be tried therein shall be a juror in any cause; but no person shall be disqualified from sitting in the trial of any suit in which the state or any county or municipal corporation is a party by reason of the fact that such person is a resident or taxpayer within the state or such county or municipal corporation.
(4) Any expectant mother and any parent who is not employed full time and who has custody of a child under 6 years of age, upon request, shall be excused from jury service.
(5) A presiding judge may, in his or her discretion, excuse a practicing attorney, a practicing physician, or a person who is physically infirm from jury service, except that no person shall be excused from service on a civil trial jury solely on the basis that the person is deaf or hearing impaired, if that person wishes to serve, unless the presiding judge makes a finding that consideration of the evidence to be presented requires auditory discrimination or that the timely progression of the trial will be considerably affected thereby. However, nothing in this subsection shall affect a litigant’s right to exercise a peremptory challenge.
(6) A person may be excused from jury service upon a showing of hardship, extreme inconvenience, or public necessity.
(7) A person who was summoned and who reported as a prospective juror in any court in that person’s county of residence within 1 year before the first day for which the person is being considered for jury service is exempt from jury service for 1 year from the last day of service.
(8) A person 70 years of age or older shall be excused from jury service upon request. A person 70 years of age or older may also be permanently excused from jury service upon written request. A person who is permanently excused from jury service may subsequently request, in writing, to be included in future jury lists provided such person meets the qualifications required by this chapter.
(9) Any person who, because of mental illness, intellectual disability, senility, or other physical or mental incapacity, is permanently incapable of caring for himself or herself may be permanently excused from jury service upon request if the request is accompanied by a written statement to that effect from a physician licensed pursuant to chapter 458 or chapter 459.
(10) Any person who is responsible for the care of a person who, because of mental illness, intellectual disability, senility, or other physical or mental incapacity, is incapable of caring for himself or herself shall be excused from jury service upon request.
(11) Upon request, a full-time student between 18 and 21 years of age, inclusive, who is attending high school or any state university, private postsecondary educational institution, Florida College System institution, or career center shall be excused from that specific summons for jury service.
(12) A woman who has given birth within the 6 months before the reporting date on a summons for jury service shall be excused upon request. The excusal applies only to the specific summons for which the excusal is requested.
History.—s. 3, ch. 3010, 1877; s. 1, ch. 4015, 1891; RS 1149; GS 1572; RGS 2774; CGL 4451; s. 2, ch. 26848, 1951; s. 7, ch. 73-334; s. 1, ch. 77-102; s. 1, ch. 77-431; s. 4, ch. 79-235; s. 1, ch. 80-170; s. 1, ch. 83-210; s. 1, ch. 87-75; s. 1, ch. 92-8; s. 1, ch. 92-297; s. 1, ch. 93-125; s. 245, ch. 95-147; s. 1, ch. 97-199; s. 2, ch. 2013-162; s. 1, ch. 2016-52; s. 1, ch. 2020-57; s. 1, ch. 2024-122.
Note.—Former s. 40.07.
Notes of Decisions
Cited in 42
cases (6 in the last 5 years), 1981–2024 · leading case: Hampton v. State, 103 So. 3d 98 (Fla. 2012).
Hampton v. State, 103 So. 3d 98 (Fla. 2012). “013 The issue presented in this point on appeal is whether a potential juror who has been arrested, but not yet formally charged by a prosecutor for a crime, is “under prosecution,” so as to render the individual statutorily unqualified to serve as a juror under section 40.013,…”
& SC13-1959 Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc., 200 So. 3d 685 (Fla. 2015). “See § 40.013(1), Fla. Stat. (2015). However, the statute fails to provide any specific remedy when a disqualified individual actually serves on a jury.”
Patrick v. State, 104 So. 3d 1046 (Fla. 2012). “2d DCA 2000) (noting that subsections (5) and (6) of section 40.013 implicate the trial court’s discretion).”
Companioni v. City of Tampa, 958 So. 2d 404 (Fla. 2d DCA 2007). “With regard to the disqualification of certain categories of persons from jury service, section 40.013, Florida Statutes (2003), provides: (1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state,…”
Foster v. State, 810 So. 2d 910 (Fla. 2002). “1997) (holding that the defendant's challenge to the trial court's practice of having the court clerk automatically excuse prospective jurors pursuant to section 40.013(5), Florida Statutes (1995), was not timely filed because the excusals had already been made and the defendant…”
Wright v. State, 857 So. 2d 861 (Fla. 2003). “Defense counsel made no objection to the off-the-record discussions between the judge and persons who approached the bench to discuss a potential hardship.”
Johnston v. State, 63 So. 3d 730 (Fla. 2011). “As this Court held on direct appeal, Robinson’s civil contempt charge did not disqualify her from service under section 40.013(1), Florida Statutes (1999).”
Lusk v. State, 446 So. 2d 1038 (Fla. 1984). “07(2), Florida Statutes (1977) [now section 40.013(2)], which disqualified sheriffs, deputies and municipal police officers from jury service.”
United States v. Stone, 139 F.3d 822 (11th Cir. 1998). “Included among the disabilities are withdrawal of voting rights, Fla. Stat. Ann. § 40.013 ; the right to run for political office, Fla.”
Woodel v. State, 985 So. 2d 524 (Fla. 2008). “While Woodel is correct that a Florida statute does not expressly address this issue, section 40.013(6), Florida Statutes (2005), states that a person is to be excused from jury service "upon a showing of hardship, extreme inconvenience, or public necessity.”
Johnston v. State, 841 So. 2d 349 (Fla. 2002). “§ 40.013(1), Fla. Stat. (1999) ("No person who is under prosecution for any crime .”
Hoskins v. State, 702 So. 2d 202 (Fla. 1997). “" Section 40.013, Florida Statutes (1995), contains nine categories of reasons why prospective jurors may or must be excused from jury service, only two of which, subsections (5) and (6), implicate the court's discretion; the remaining categories require excusal and no…”
— 40.013(1) — 11 cases
& SC13-1959 Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc., 200 So. 3d 685 (Fla. 2015). “See § 40.013(1), Fla. Stat. (2015). However, the statute fails to provide any specific remedy when a disqualified individual actually serves on a jury.”
Hampton v. State, 103 So. 3d 98 (Fla. 2012). “013 The issue presented in this point on appeal is whether a potential juror who has been arrested, but not yet formally charged by a prosecutor for a crime, is “under prosecution,” so as to render the individual statutorily unqualified to serve as a juror under section 40.013,…”
Johnston v. State, 63 So. 3d 730 (Fla. 2011). “As this Court held on direct appeal, Robinson’s civil contempt charge did not disqualify her from service under section 40.013(1), Florida Statutes (1999).”
Johnston v. State, 841 So. 2d 349 (Fla. 2002). “§ 40.013(1), Fla. Stat. (1999) ("No person who is under prosecution for any crime .”
Companioni v. City of Tampa, 958 So. 2d 404 (Fla. 2d DCA 2007). “With regard to the disqualification of certain categories of persons from jury service, section 40.013, Florida Statutes (2003), provides: (1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state,…”
— 40.013(10) — 1 case
— 40.013(11) — 1 case
— 40.013(12) — 1 case
— 40.013(2) — 2 cases
Lusk v. State, 446 So. 2d 1038 (Fla. 1984). “07(2), Florida Statutes (1977) [now section 40.013(2)], which disqualified sheriffs, deputies and municipal police officers from jury service.”
State v. Williams, 465 So. 2d 1229 (Fla. 1985).
— 40.013(2)(a) — 2 cases
Rivera v. State, 670 So. 2d 1163 (Fla. 4th DCA 1996).
Companioni v. City of Tampa, 958 So. 2d 404 (Fla. 2d DCA 2007). “With regard to the disqualification of certain categories of persons from jury service, section 40.013, Florida Statutes (2003), provides: (1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state,…”
— 40.013(2)(b) — 6 cases
Companioni v. City of Tampa, 958 So. 2d 404 (Fla. 2d DCA 2007). “With regard to the disqualification of certain categories of persons from jury service, section 40.013, Florida Statutes (2003), provides: (1) No person who is under prosecution for any crime, or who has been convicted in this state, any federal court, or any other state,…”
In Re: Amendments to the Florida Rules of Civil Procedure-form 1.983 (prospective Juror Questionnaire), 211 So. 3d 985 (Fla. 2017).
— 40.013(3) — 2 cases
Gore v. State, 706 So. 2d 1328 (Fla. 1997).
Bethel v. State, 122 So. 3d 944 (Fla. 4th DCA 2013).
— 40.013(4) — 5 cases
Parker v. State, 456 So. 2d 436 (Fla. 1984).
Anthony v. Alachua Cnty. Court Exec., 403 So. 2d 1085 (Fla. 1st DCA 1981).
Alachua Cnty. Court Exec. v. Anthony, 418 So. 2d 264 (Fla. 1982).
In Re: Amendments to the Florida Rules of Civil Procedure-form 1.983 (prospective Juror Questionnaire), 211 So. 3d 985 (Fla. 2017).
— 40.013(5) — 4 cases
Foster v. State, 810 So. 2d 910 (Fla. 2002). “1997) (holding that the defendant's challenge to the trial court's practice of having the court clerk automatically excuse prospective jurors pursuant to section 40.013(5), Florida Statutes (1995), was not timely filed because the excusals had already been made and the defendant…”
O'quendo v. State, 823 So. 2d 834 (Fla. 5th DCA 2002).
Jones v. State, 749 So. 2d 561 (Fla. 2d DCA 2000).
Hoskins v. State, 702 So. 2d 202 (Fla. 1997). “" Section 40.013, Florida Statutes (1995), contains nine categories of reasons why prospective jurors may or must be excused from jury service, only two of which, subsections (5) and (6), implicate the court's discretion; the remaining categories require excusal and no…”
— 40.013(6) — 6 cases
Wright v. State, 857 So. 2d 861 (Fla. 2003). “Defense counsel made no objection to the off-the-record discussions between the judge and persons who approached the bench to discuss a potential hardship.”
Patrick v. State, 104 So. 3d 1046 (Fla. 2012). “2d DCA 2000) (noting that subsections (5) and (6) of section 40.013 implicate the trial court’s discretion).”
Woodel v. State, 985 So. 2d 524 (Fla. 2008). “While Woodel is correct that a Florida statute does not expressly address this issue, section 40.013(6), Florida Statutes (2005), states that a person is to be excused from jury service "upon a showing of hardship, extreme inconvenience, or public necessity.”
Aguilera v. State, 606 So. 2d 1194 (Fla. 1st DCA 1992).
Alachua Cnty. Court Exec. v. Anthony, 418 So. 2d 264 (Fla. 1982).
— 40.013(9) — 1 case
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