Florida Statute 40.13 - 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. 40.013

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.

F.S. 40.013 on Google Scholar

F.S. 40.013 on CourtListener

Amendments to 40.013

Annotations, Discussions, Cases:

Cases Citing Statute 40.013

Total Results: 54

Grech v. Clayton County, GA

335 F.3d 1326, 2003 U.S. App. LEXIS 13575, 2003 WL 21521761

Court of Appeals for the Eleventh Circuit | Filed: Jul 7, 2003 | Docket: 397738

Cited 362 times | Published

arrests outside their counties, see Ga.Code Ann § 40-13-30 (2002), grants county and city police officers

United States v. Stone

139 F.3d 822

Court of Appeals for the Eleventh Circuit | Filed: Apr 22, 1998 | Docket: 1118696

Cited 145 times | Published

are withdrawal of voting rights, Fla. Stat. Ann § 40.013; the right to run for political office, Fla. Const

Lusk v. State

446 So. 2d 1038

Supreme Court of Florida | Filed: Jan 26, 1984 | Docket: 1781158

Cited 125 times | Published

section 40.07(2), Florida Statutes (1977) [now section 40.013(2)], which disqualified sheriffs, deputies

United States v. Stone

139 F.3d 822, 1998 U.S. App. LEXIS 7769, 1998 WL 191046

Court of Appeals for the Eleventh Circuit | Filed: Apr 22, 1998 | Docket: 422559

Cited 82 times | Published

are withdrawal of voting rights, Fla. Stat. Ann. § 40.013; the right to run for political office, Fla. Const

Wright v. State

857 So. 2d 861, 2003 WL 21511313

Supreme Court of Florida | Filed: Jul 3, 2003 | Docket: 1734141

Cited 49 times | Published

During the general qualification process under section 40.013(6), Florida Statutes (1997), removal of a potential

Foster v. State

810 So. 2d 910, 2002 WL 220633

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

Cited 44 times | Published

automatically excuse prospective jurors pursuant to section 40.013(5), Florida Statutes (1995), was not timely

Gore v. State

706 So. 2d 1328, 1997 WL 399225

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1682641

Cited 42 times | Published

tried therein shall be a juror in any cause." § 40.013(3), Florida Statutes *1340 (1995). I find it difficult

Henderson v. State

463 So. 2d 196, 10 Fla. L. Weekly 43

Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 320387

Cited 25 times | Published

also argues that several of the provisions of section 40.013, Florida Statutes (1981), pertaining to permissible

Johnston v. State

63 So. 3d 730, 2011 WL 1045339

Supreme Court of Florida | Filed: Mar 24, 2011 | Docket: 60301162

Cited 21 times | Published

charge did not disqualify her from service under section 40.013(1), Florida Statutes (1999). Johnston, 841

Johnston v. State

63 So. 3d 730, 2011 WL 1045339

Supreme Court of Florida | Filed: Mar 24, 2011 | Docket: 60301162

Cited 21 times | Published

charge did not disqualify her from service under section 40.013(1), Florida Statutes (1999). Johnston, 841

Johnston v. State

841 So. 2d 349, 2002 WL 31718799

Supreme Court of Florida | Filed: Dec 5, 2002 | Docket: 1234016

Cited 19 times | Published

if he or she is under prosecution for a crime. § 40.013(1), Fla. Stat. (1999) ("No person who is under

Patrick v. State

104 So. 3d 1046, 2012 Fla. LEXIS 2546, 2012 WL 6049585

Supreme Court of Florida | Filed: Dec 6, 2012 | Docket: 60227290

Cited 18 times | Published

hardship, extreme inconvenience, or public necessity. § 40.013(6), Fla. Stat. (2008). Before a jury is sworn

Woodel v. State

985 So. 2d 524, 2008 WL 1901425

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

Cited 18 times | Published

statute does not expressly address this issue, section 40.013(6), Florida Statutes (2005), states that a

Parker v. State

456 So. 2d 436

Supreme Court of Florida | Filed: Sep 6, 1984 | Docket: 2449636

Cited 18 times | Published

review denied, 412 So.2d 468 (Fla. 1982). [3] Section 40.013(4), Florida Statutes (1979), has since been

State v. Williams

465 So. 2d 1229, 10 Fla. L. Weekly 172

Supreme Court of Florida | Filed: Mar 14, 1985 | Docket: 1324078

Cited 16 times | Published

juror bias." In Lusk v. State, Lusk argued that section 40.013(2), Florida Statutes (1983), should disqualify

Burkett v. State

518 So. 2d 1363, 1988 WL 2632

District Court of Appeal of Florida | Filed: Jan 15, 1988 | Docket: 1778408

Cited 13 times | Published

"conviction" in the context of this statute. Section 40.013(1), Florida Statutes (1985), provides: No person

Hoskins v. State

702 So. 2d 202, 1997 WL 633400

Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 460189

Cited 10 times | Published

or excusal are to be directed to a judge." Section 40.013, Florida Statutes (1995), contains nine categories

Rivera v. State

670 So. 2d 1163, 1996 WL 148170

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 1671231

Cited 10 times | Published

judges and the members of the Clemency Board. See § 40.013(2)(a), Fla. Stat. (1995) ("Neither the Governor

Willacy v. State

640 So. 2d 1079, 1994 WL 178137

Supreme Court of Florida | Filed: May 12, 1994 | Docket: 1371651

Cited 10 times | Published

selected as a juror and seating him violated section 40.013(1), Florida Statutes (1991).[7] We disagree

Lowrey v. State

705 So. 2d 1367, 1998 WL 10589

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

Cited 9 times | Published

court, in affirming the conviction, stated: Section 40.013, Florida Statutes, provides that "[n]o person

Hampton v. State

103 So. 3d 98, 37 Fla. L. Weekly Supp. 499, 2012 Fla. LEXIS 2649, 2012 WL 6621371

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60227276

Cited 7 times | Published

disqualified from serving as a juror under section 40.013. In his motion for a new trial, Hampton alleged

Jones v. State

749 So. 2d 561, 2000 WL 35852

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 1285839

Cited 3 times | Published

motion was untimely and denied the motion. *562 Section 40.013, Florida Statutes (1997), contains nine circumstances

United States v. Bobby Joe Wilson

853 F.2d 869, 1988 U.S. App. LEXIS 11812, 1988 WL 83440

Court of Appeals for the Eleventh Circuit | Filed: Aug 30, 1988 | Docket: 521015

Cited 3 times | Published

Wilson relies in the alternative on O.C.G.A. § 40-13-53(a) as support for his argument that Ralston

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

the plain reading of the Constitution and Section 40.013(1) do not provide any latitude. Because it

Lowrey v. State

682 So. 2d 610, 1996 WL 625400

District Court of Appeal of Florida | Filed: Oct 30, 1996 | Docket: 1681079

Cited 2 times | Published

his discussions or his service as a juror. Section 40.013, Florida Statutes, provides that "[n]o person

Aguilera v. State

606 So. 2d 1194, 1992 WL 227858

District Court of Appeal of Florida | Filed: Sep 17, 1992 | Docket: 613172

Cited 2 times | Published

the criteria for hardship under the statute, section 40.013(6) or (9), Florida Statutes and ruled that

Alachua County Court Executive v. Anthony

418 So. 2d 264, 1982 Fla. LEXIS 2494

Supreme Court of Florida | Filed: Jul 29, 1982 | Docket: 1289277

Cited 2 times | Published

which declared unconstitutional that part of section 40.013(4), Florida Statutes (1979), which provides

Quest Diagnostics Inc. v. Swaters

94 So. 3d 635, 2012 WL 2913275, 2012 Fla. App. LEXIS 11702

District Court of Appeal of Florida | Filed: Jul 18, 2012 | Docket: 60310922

Cited 1 times | Published

sections of the Code of Federal Regulations. 49 CFR § 40.13(c) provides: (c) Except as provided in paragraph

Tucker v. State

987 So. 2d 717, 2008 Fla. App. LEXIS 9152, 2008 WL 2465456

District Court of Appeal of Florida | Filed: Jun 20, 2008 | Docket: 64855286

Cited 1 times | Published

crime are not qualified to serve on juries. Section 40.013(1), Florida Statutes (2007), provides: (1)

Aragon v. State

853 So. 2d 584, 2003 WL 22056015

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1189198

Cited 1 times | Published

the juror was statutorily disqualified under section 40.013(1), Florida Statutes (2001), from serving on

O'QUENDO v. State

823 So. 2d 834, 2002 WL 1875745

District Court of Appeal of Florida | Filed: Aug 16, 2002 | Docket: 1512783

Cited 1 times | Published

as a "presiding judge" within the meaning of section 40.013(5), Florida Statutes (2000): A presiding judge

Florida Board of Bar Examiners

676 So. 2d 372, 21 Fla. L. Weekly Supp. 122, 1996 Fla. LEXIS 442, 1996 WL 108536

Supreme Court of Florida | Filed: Mar 14, 1996 | Docket: 64766074

Cited 1 times | Published

supplied by the Board pursuant to Article V, Section 40 13. Bar applications (Form 1 or Form 2) filed in

In Re: Amendments to Florida Rules of Civil Procedure - 2024 Legislation

Supreme Court of Florida | Filed: Aug 29, 2024 | Docket: 69111115

Published

Questionnaire). 1 The amendments reflect changes to section 40.013, Florida Statutes (2023), made by chapter

In Re: Amendments to Florida Rule of Civil Procedure 1.061 and Form 1.983

Supreme Court of Florida | Filed: May 16, 2024 | Docket: 68534832

Published

LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny

Markeith D. Loyd v. State of Florida

Supreme Court of Florida | Filed: Nov 16, 2023 | Docket: 68012028

Published

that excludes felons from serving on a jury, section 40.013, Florida Statutes (2021), violates the Equal

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60680655

Published

LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statues, provides that “[a]ny

In Re: Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure

Supreme Court of Florida | Filed: Oct 28, 2021 | Docket: 60688689

Published

LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statues, provides that “[a]ny

Ziahonna Teagan v. The City of McDonough, Georgia

Court of Appeals for the Eleventh Circuit | Filed: Feb 11, 2020 | Docket: 16828621

Published

misdemeanor traffic offenses pursuant to Georgia Code § 40- 13-21(a)-(b) if the defendant waives his or her right

In RE: AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE-FORM 1.983 (PROSPECTIVE JUROR QUESTIONNAIRE)

211 So. 3d 985

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609134

Published

question 13 on the questionnaire to conform to section 40.013(4), Florida Statutes (2016), which provides

& SC13-1959 Lucious Boyd v. State of Florida & Lucious Boyd v. Julie L. Jones, etc.

200 So. 3d 685

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022134

Published

his or her civil rights have been restored. See § 40.013(1), Fla. Stat. (2015). However, the statute fails

Bethel v. State

122 So. 3d 944, 2013 WL 5538748, 2013 Fla. App. LEXIS 15913

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234819

Published

who will try the particular case. However, section 40.013(3), Florida Statutes (1991) states that “No

Adefemi v. Ashcroft

335 F.3d 1269, 2003 U.S. App. LEXIS 13261, 2003 WL 21488868

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 2003 | Docket: 65655555

Published

established the traffic violations bureau.” Ga.Code Ann. § 40-13-60 (emphasis added); Geng, 578 S.E.2d at 116 (reading

Albert Adefemi v. John Ashcroft

386 F.3d 1022

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 2003 | Docket: 397670

Published

established the traffic violations bureau." Ga.Code Ann. § 40-13-60 (emphasis added); Geng, 578 S.E.2d at 116 (reading

Ago

Florida Attorney General Reports | Filed: Jun 26, 2002 | Docket: 3256275

Published

substantially the following question: Does section 40.013(2)(a), Florida Statutes, preclude a civil traffic

Brian L. Grech v. Clayton County, Georgia

288 F.3d 1277

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 2002 | Docket: 564377

Published

charged with failure to appear under O.C.G.A. § 40-13-63 or bail-jumping under O.C.G.A. § 16-10-51. The

Manders v. Lee

285 F.3d 983, 2002 U.S. App. LEXIS 4169, 2002 WL 397221

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2002 | Docket: 64092633

Published

outside their elected territories. See O.C.G.A. § 40-13-80; City of Winterville v. Strickland, 127 Ga.App

Willie Santonio Manders v. Thurman Lee

338 F.3d 1304

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2002 | Docket: 564363

Published

outside their elected territories. See O.C.G.A. § 40-13-30; City of Winterville v. Strickland, 127 Ga.App

Reese v. State

739 So. 2d 120, 1999 Fla. App. LEXIS 8675, 1999 WL 447441

District Court of Appeal of Florida | Filed: Jun 30, 1999 | Docket: 64790139

Published

juror.” Lowrey, 705 So.2d at 1369-70. See also § 40.013, Fla. Stat. (1997) (“No person who is under prosecution

Pierre v. State

689 So. 2d 1300, 1997 Fla. App. LEXIS 3191, 1997 WL 134317

District Court of Appeal of Florida | Filed: Mar 26, 1997 | Docket: 64771849

Published

Jackson v. State, 464 So.2d 1181 (Fla.1985); see § 40.013(1), Fla. Stat. (1995); Lowrey v. State, 682 So

Ago

Florida Attorney General Reports | Filed: Jun 19, 1995 | Docket: 3255514

Published

substantially the following question: Does section 40.013(2)(a), Florida Statutes, preclude a United

Denson v. State

609 So. 2d 627, 1992 Fla. App. LEXIS 8628, 1992 WL 191309

District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 64692566

Published

who will try the particular case. However, section 40.-013(3), Florida Statutes (1991) states that “No

Ago

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

Published

Section 40.02(1), F.S. 13 Section 40.01, F.S. 14 Section 40.013, F.S. 15 Attorney General Opinion 58-25. And

Anthony v. Alachua County Court Executive

403 So. 2d 1085, 1981 Fla. App. LEXIS 20989

District Court of Appeal of Florida | Filed: Sep 11, 1981 | Docket: 64585122

Published

Subpoena, the appellant contends that a portion of § 40.013(4), Fla.Stat. (1979), violates the Equal Protection

Ago

Florida Attorney General Reports | Filed: Mar 31, 1981 | Docket: 3257719

Published

existed under s. 40.07, F.S. 1971? SUMMARY: Section 40.013, F.S., removes the disqualification of `United