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Florida Statute 40.013 | Lawyer Caselaw & Research
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The 2024 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS
View Entire Chapter
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 Casetext

Amendments to 40.013


Arrestable Offenses / Crimes under Fla. Stat. 40.013
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.013.

Annotations, Discussions, Cases:

Cases Citing Statute 40.013

Total Results: 20

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

Court: Fla. | Date Filed: 2024-08-29T00:00:00-07:00

Snippet: ). 1 The amendments reflect changes to section 40.013, Florida Statutes (2023), made by chapter 2024… to address the exemption found in new section 40.013(12), Florida Statutes (2024). See ch. 2024-270…because they are a caregiver as described in section 40.013(10), Florida Statutes (2024), or a full-time student…18 and 21 years of age as described in section 40.013(11), Florida Statutes (2024). These amendments….” This additional language is found in section 40.013(9), -2- Florida

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

Court: Fla. | Date Filed: 2024-05-16T00:00:00-07:00

Snippet: ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny full-time

Markeith D. Loyd v. State of Florida

Court: Fla. | Date Filed: 2023-11-16T00:00:00-08:00

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

Advisory Opinion to the Governor Re: Implementation of Amendment 4, The Voting Restoration Amendment

Court: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

Snippet: FACDL, 978 So. 2d at 139-40). - 13 - But this Court has

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

Court: Fla. | Date Filed: 2017-02-23T00:00:00-08:00

Citation: 211 So. 3d 985

Snippet: question 13 on the questionnaire to conform to section 40.013(4), Florida Statutes (2016), which provides for…conform question 8 on the questionnaire with section 40.013(2)(b), Florida Statutes (2016), which provides …investigative personnel) consistent with section 40.013(2)(b), which allows full-time federal, state, or

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

Court: Fla. | Date Filed: 2015-12-17T00:00:00-08:00

Citation: 200 So. 3d 685

Snippet: served on the jury that convicted Boyd. Section 40.013(1), Florida Statutes (2001), provides that any

Bethel v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-09T00:00:00-07:00

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

Snippet: will try the particular case. However, section 40.013(3), Florida Statutes (1991) states that “No person… from that defendant’s jury pursuant to section 40.013(3), Florida Statutes (2012). We stand by that reasoning… from that defendant’s jury pursuant to section 40.013(3), Florida Statutes (2012). Fourth, we acknowledge

Patrick v. State

Court: Fla. | Date Filed: 2012-12-06T00:00:00-08:00

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

Snippet: , extreme inconvenience, or public necessity. § 40.013(6), Fla. Stat. (2008). Before a jury is sworn, …(noting that subsections (5) and (6) of section 40.013 implicate the trial court’s discretion). The trial

Quest Diagnostics Inc. v. Swaters

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-18T00:00:00-07:00

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

Snippet: sections of the Code of Federal Regulations. 49 CFR § 40.13(c) provides: (c) Except as provided in paragraph… quash a subpoena, citing the requirements of § 40.13). This part does not require you to disobey a court

Hampton v. State

Court: Fla. | Date Filed: 2012-07-12T00:00:00-07:00

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

Snippet: disqualified from serving as a juror under section 40.013. In his motion for a new trial, Hampton alleged…of no contest on October 9, 2009. d. Pursuant to 40.013(1), no person who is under prosecution for any … Hampton’s case. Disqualification under Section 40.013 The issue presented in this point on appeal is …statutorily unqualified to serve as a juror under section 40.013, Florida Statutes (2008). Because this issue presents…questions of statutory interpretation). Section 40.013(1), Florida Statutes (2009), states: No person

Johnston v. State

Court: Fla. | Date Filed: 2011-03-24T00:00:00-07:00

Citation: 63 So. 3d 730, 2011 WL 1045339

Snippet: did not disqualify her from service under section 40.013(1), Florida Statutes (1999). Johnston, 841 So.2d

Southeast Land Developers, Inc. v. All Florida Site & Utilities, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-12T00:00:00-08:00

Citation: 28 So. 3d 166, 2010 Fla. App. LEXIS 1437, 2010 WL 480867

Snippet: St. Simons Island, Georgia, and that *167 $113,040.13 was "due and owing" to the Subcontractor

Tucker v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-06-20T00:00:00-07:00

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

Snippet: crime are not qualified to serve on juries. Section 40.013(1), Florida Statutes (2007), provides: (1) No person…“under prosecution,” as contemplated by section 40.013(1), upon her receipt of the citation, so as to …showing that he was prejudiced. Although section 40.013(1) does not define the phrase “under prosecution

Woodel v. State

Court: Fla. | Date Filed: 2008-05-01T00:53:00-07:00

Citation: 985 So. 2d 524

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

Companioni v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 2007-03-30T00:53:00-07:00

Citation: 958 So. 2d 404

Snippet: the plain reading of the Constitution and Section 40.013(1) do not provide any latitude. Because it considered…categories of persons from jury service, section 40.013, Florida Statutes (2003), provides: (1) No person…exempt from jury service for a variety of reasons. § 40.013(2)(b), (4)-(9). However, these grounds for excusal…service by reason of their official position. § 40.013(2)(a). But that fact alone does not indicate that…Therefore, should a juror serve in violation of section 40.013(1), Florida Statutes (2003), inherent prejudice

Aragon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-05T00:53:00-07:00

Citation: 853 So. 2d 584

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

Wright v. State

Court: Fla. | Date Filed: 2003-07-03T00:53:00-07:00

Citation: 857 So. 2d 861

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

Johnston v. State

Court: Fla. | Date Filed: 2002-12-04T23:53:00-08:00

Citation: 841 So. 2d 349

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