Florida/Georgia Personal Injury & Workers Compensation

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

...The court first discussed United 8 We note that Florida law also places a host of disabilities on convicted felons that are not placed on mere misdemeanor offenders. Included among the disabilities are withdrawal of voting rights, Fla. Stat. Ann § 40.013; the right to run for political office, Fla....

...473, 74 L.Ed.2d 621 (1982). In that case, Morgan was tried for the stabbing murder of a fellow inmate at U.C.I. He moved to exclude employees of the state prison system from the jury, basing his argument on section 40.07(2), Florida Statutes (1977) [now section 40.013(2)], which disqualified sheriffs, deputies and municipal police officers from jury service. We declined in that case to include all correctional officers within the classes of persons disqualified from jury service. Lusk argues that section 40.013(2) should disqualify correctional officers since a law enforcement position inherently creates a disability to serve as a fair and impartial juror....

...First, the court stated that the indictment clause 8 We note that Florida law also places a host of disabilities on convicted felons that are not placed on mere misdemeanor offenders. Included among the disabilities are withdrawal of voting rights, Fla. Stat. Ann. § 40.013; the right to run for political office, Fla....

...and full-time fire personnel in the community. 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. During the general qualification process under section 40.013(6), Florida Statutes (1997), removal of a potential juror for hardship is within the trial court's discretion....

...sed was not properly preserved at the trial level. [5] See Hoskins v. State, 702 So.2d 202 (Fla.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 did not challenge his jury panel)....

...The court called a recess and excused juror L. From further jury service. Bauta v. State, 698 So.2d 860, 861 (Fla. 3d DCA 1997). The statute governing disqualification, states that "No person interested in any issue to be tried therein shall be a juror in any cause." § 40.013(3), Florida Statutes *1340 (1995)....

...hat the evidence was likely to show. Defense counsel moved for a mistrial and now argues that the denial of the motion was reversible error. We find the argument to be completely without merit. Henderson also argues that several of the provisions of section 40.013, Florida Statutes (1981), pertaining to permissible excusals from jury service, operated to deny him the right to be tried by a jury drawn from a venire representing a "cross-section" of the community....

...See Ferrell v. State, 29 So.3d 959, 976 (Fla.2010) (“Trial counsel cannot be deemed ineffective for failing to raise a meritless argument.”). 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 asserts that he is entitled to a new trial because juror Robinson was under prosecution by the same office which was prosecuting Johnston. We disagree. Generally, a person is statutorily *357 disqualified from serving on the jury if he or she is under prosecution for a crime. § 40.013(1), Fla....

...1979), cert. denied, 449 U.S. 986, 101 S.Ct. 407, 66 L.Ed.2d 250 (1980); Tuff v. State, 408 So.2d 724 (Fla. 1st DCA), review denied, 413 So.2d 877 (Fla. 1982); Miller v. State, 403 So.2d 1017 (Fla. 5th DCA 1981), review denied, 412 So.2d 468 (Fla. 1982). [3] Section 40.013(4), Florida Statutes (1979), has since been amended to eliminate the gender-based classification....

...ish), with 28 U.S.C. § 1865(b)(2)-(3) (2000) (providing that the ability to speak and understand the English language are a requirement for federal jury service). 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....

...We agree with the State that the trial court excused the jurors for hardship. Section 40.018, Florida Statutes (2008), *1056 provides that a person may be excused from jury service upon a showing of hardship, extreme inconvenience, or public necessity. § 40.013(6), Fla....

...Before a jury is sworn, it is within the sound discretion of a trial judge to excuse a juror for any reason personal to the juror that the judge deems sufficient. See 33 Fla. Jur. 2d, Juries, § 72 (2010); Jones v. State, 749 So.2d 561, 562 (Fla. 2d DCA 2000) (noting that subsections (5) and (6) of section 40.013 implicate the trial court’s discretion)....

...The appellate court chose to ignore this, however, in favor of a conclusion that the fact that the challenged juror was employed in the same position as the victim of the crime created "both an appearance and a substantial probability of inherent juror bias." In Lusk v. State , Lusk argued that section 40.013(2), Florida Statutes (1983), should disqualify correctional officers since a law enforcement position inherently creates a disability to serve as a fair and impartial juror....

...The right to possess a firearm is a "civil right" suspended under this section. Thompson v. State, 438 So.2d 1005 (Fla. 2d DCA 1983). We have found no cases which discuss the precise meaning of the terms "convicted" and "conviction" in the context of this statute. Section 40.013(1), Florida Statutes (1985), provides: 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 an...

...eenth Judicial Circuit's chief judge had issued an administrative order, which provided in pertinent part: "The jury clerk may excuse members of a jury venire prior to reporting on the initial day of service for reasons set forth in Florida Statutes 40.013(1)-(5) and Florida Statutes 40.013(7)(9). All other bases for disqualification or excusal are to be directed to a judge." 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 discretion is involved....

...In reaching this decision, however, we emphasize that we are in no way sanctioning any process whereby a clerk of court is to carry out statutory mandated judicial responsibilities. We conclude that trial judges may not delegate their discretionary authority under section 40.013(5) to clerks of court or any other official....

...hout the presiding judge hearing the specific reasons for the excusal in each of the jurors' cases, the defendant has been denied a trial by a jury comprised of a fair cross-section of the community. By the clerk's action, and in direct violation of section 40.013, thousands of lawyers, doctors and others have been unlawfully excluded from jury service....

..., and that the State put forth legitimate non-racial reasons for its peremptory challenge. We find no Neil violation. In his final voir dire challenge, Willacy claims that Clark was under prosecution when selected as a juror and seating him violated section 40.013(1), Florida Statutes (1991)....

...The witness was a police officer and a former high school classmate of Payne. On his own, the officer offered to run a criminal background check on Payne and give the results to the State. [7] "No person who is under prosecution for any crime ... shall be qualified to serve as a juror." § 40.013(1), Fla....

...nge need not be equivalent to a challenge for cause. Defendant points out that persons who are inextricably intertwined with the judicial system are statutorily disqualified—the clerks of court, all judges and the members of the Clemency Board. See § 40.013(2)(a), Fla....

...aph results, for whatever reason, this court finds there are no substantial grounds to believe that that would have affected his verdict, his discussions, or his service as a juror. On appeal, the district court, in affirming the conviction, stated: Section 40.013, Florida Statutes, provides that "[n]o person who is under prosecution for any crime ......

...penalty was both appropriate and proportional. After the sentence of death was imposed by the trial court, Hampton filed a timely motion for new trial because, according to Hampton, Juror D was statutorily disqualified from serving as a juror under section 40.013....

...On June 6, 2009 [Juror D] was arrested for loitering and prowling and possession of drug paraphernalia. b. On July 23, 2009, an Information charging possession of drug paraphernalia was filed. c. [Juror D] entered a plea of no contest on October 9, 2009. d. Pursuant to 40.013(1), no person who is under prosecution for any crime ......

...ee. The misdemeanor information filed against Juror D was filed in the County Court in Pinellas County by the State Attorney’s office, on July 23, 2009, after Juror D had concluded his service as a juror on Hampton’s case. Disqualification under Section 40.013 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, Florida Statutes (2008)....

...Because this issue presents a question of statutory interpretation, the standard of review is de novo. See Allstate Ins. Co. v. Holy Cross Hosp., Inc., 961 So.2d 328, 331 (Fla.2007) (explaining de novo standard of review applies to questions of statutory interpretation). Section 40.013(1), Florida Statutes (2009), states: 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. Section 40.013 provides no specialized definition of the phrase “under prosecution.” Accordingly, the phrase should be afforded its plain and ordinary meaning, giving due regard to the context within which it is used....

...40.022(1) and (4) (Clerk to purge jury selection lists; restoration) impose a duty upon the clerk of each circuit court to purge monthly from the list of potential jurors the names of those individuals disqualified from jury service by operation of section 40.013. See § 40.022(1) & (4), Fla. Stat. (2009). Hence, it follows that the Legislature intended disqualification under section 40.013 to operate against only those individuals who are legally “under prosecution” under Florida law, and not against an amorphous and otherwise unknowable class of individuals that might come under prosecution in the future — the definition urged by Hampton on appeal....

...endant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.” A review of this Court’s opinions confirms that the “under prosecution” language contained in section 40.013(1) has been interpreted to apply only where the potential juror is in fact under prosecution in accordance with Florida law....

...tances where an individual, although not technically under prosecution, might have similar motives to those under prosecution. See Johnston v. State, 841 So.2d 349, 357 (Fla. 2002) (explaining juror was not “under prosecution” as term is used in section 40.013(1) where juror pled to criminal charge, but was still subject to an outstanding capias and arrest for non-payment of fines relating to plea, because pending arrest for non-payment involved civil, not criminal, contempt under Florida law); see also Willacy v. State, 640 So.2d 1079, 1082 (Fla.1994) (concluding juror who was in Pretrial Intervention Program was not “under prosecution” as term is used under section 40.013(1), because pretrial intervention is “an alternative to prosecution”); Everett v....

...And, the prosecution against Juror D was, in fact, commenced by the filing of an information after Juror D had fully served on the jury for which he was selected. Based on the foregoing, Juror D was not under prosecution at the time of his jury service. Hence, Juror D-was not statutorily disqualified under section 40.013 from serving as a juror....

...or. Appellant argued that the procedures outlined in the chief judge's memorandum were contrary to the law and were an improper delegation of a judicial function. The trial court ruled that appellant's motion was untimely and denied the motion. *562 Section 40.013, Florida Statutes (1997), contains nine circumstances in which a prospective juror may or must be excused from jury service. Only subsections (5) and (6) implicate the trial court's discretion. See Hoskins v. State, 702 So.2d 202, 205 (Fla.1997) (stating only subsections (5) and (6) implicate the court's discretion). Section 40.013(5) and (6) provides that: (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 se...

...siderably 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. § 40.013(5), (6) Fla....

...State, 702 So.2d 202, 205 (Fla.1997), a defendant filed a "motion with reference to jury procedure" arguing that his jury was unfairly selected because the chief judge had issued an administrative order that authorized the clerk of court to excuse jurors under certain circumstances which included the conditions listed in section 40.013(5), Florida Statutes (1995)....

...The supreme court however stated: In reaching this decision, however, we emphasize that we are in no way sanctioning any process whereby a clerk of court is to carry out statutory mandated judicial responsibilities. We conclude that trial judges may not delegate their discretionary authority under section 40.013(5) to clerks of the court or any other official. Id. at 206. While a trial judge may delegate the task of excusing jurors that are prohibited from serving or that have the option of refusing to serve under section 40.013, see Johnson v....

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

...Further, juror McCorvey stated, she was concerned about the availability of a reliable person to look after her father in her absence, and that she needed to take him to the doctor the next day. The trial court agreed that juror McCorvey met the criteria for hardship under the statute, section 40.013(6) or (9), Florida Statutes and ruled that the state had demonstrated a nonracial reason for excusing McCorvey....

...The court denied the motion, finding no reasonable basis to believe that the juror had any intent to receive more favorable treatment in the prosecution of his own case, and that there were no grounds to believe that the pending charge affected the juror's verdict, his discussions or his service as a juror. Section 40.013, Florida Statutes, provides that "[n]o person who is under prosecution for any crime ......

...hat no person may serve as a juror "who has been convicted in this state . . . of . . . any offense that is a felony . . ., unless restored to civil rights." While the Court has no desire to retry this case, the plain reading of the Constitution and Section 40.013(1) do not provide any latitude....

...Framing the Issue The Florida Constitution provides that "[t]he qualifications and the number *408 of jurors, not fewer than six, shall be fixed by law." Art. I, § 22, Fla. Const. 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, territory, or country of bribery, forgery, perjury, larceny, or a...

...felony are disqualified from jury service unless they have had their civil rights restored. In accordance with other provisions of the statute, certain other categories of persons may be excused or exempt from jury service for a variety of reasons. § 40.013(2)(b), (4)-(9)....

...Stated differently, a person's disqualification from jury service because of his or her status does not generally reflect on the juror's ability to be fair. For example, judges are disqualified from jury service by reason of their official position. § 40.013(2)(a)....

...As the majority notes, prejudice from the service of an unqualified juror may favor one side or the other, and it is impossible to establish that prejudice without delving into the deliberative process of the jury. Therefore, should a juror serve in violation of section 40.013(1), Florida Statutes (2003), inherent prejudice should be presumed....

...Applying the first prong to this case— whether the information is relevant and material to jury service—I conclude that the fact of prior convictions undisclosed by the two jurors is both relevant and material. This conclusion is based upon two considerations. First, the Florida Legislature, by enacting section 40.013(1), has specifically precluded certain convicted felons from jury service....

...[8] For a detailed consideration of the "inherent bias" issue, see Brian C. Kalt, The Exclusion of Felons from Jury Service, 53 Am. U.L.Rev. 65, 73-75, 105-08 (2003). [9] For an exception to this general proposition, see Lowrey v. State, 705 So.2d 1367 (Fla.1998). Under section 40.013(1), "[n]o person who is under prosecution for any crime ....

...Turner, P.A., Gainesville, and Bill Salmon, Gainesville, for appellee. OVERTON, Justice. This is an appeal from a decision of the First District Court of Appeal reported as Anthony v. Alachua County Court Executive, 403 So.2d 1085 (Fla. 1st DCA 1981), which declared unconstitutional that part of section 40.013(4), Florida Statutes (1979), which provides, upon request, an automatic exemption from jury service for "mothers who are not employed full time with children under 15 years of age." We have jurisdiction....

...Appellee Anthony is a widower with a three-year-old son. He is not employed full time, but attends school approximately twenty hours per week. In the fall of 1980, appellee was summoned to jury duty. He requested that he be excused under the provisions of section 40.013(4) because he was a father who was not employed full time with a child under fifteen years of age. The trial judge denied the request because appellee was not a "mother," as required by the statute. Appellee then moved to quash the jury summons, arguing the unconstitutionality of the gender-based classification in section 40.013(4)....

...and as a petition for declaratory judgment and injunctive relief, which he found was an improper attempt to seek review of the denial of the motion to quash. On appeal, the district court found that it could properly review the constitutionality of section 40.013(4) and held that that statute contained an unconstitutional gender-based classification....

...We reject the state's assertion that the constitutional issue was not properly before the district court. We agree with the district court's determination that, under the circumstances of this case, it could properly consider the facial constitutionality of section 40.013(4)....

...objectives." The court determined that the only sufficiently important governmental objective under this statute is to ensure that the civil obligation of jury service will not improperly interfere with child-rearing responsibilities. It found that section 40.013(4) failed to achieve this purpose because the statute does not extend the automatic jury-service exemption to all similarly situated mothers and fathers. The district court concluded that section 40.013(4) is premised upon impermissible stereotypes and that the portion of the statute granting an automatic exemption, upon request, to "mothers who are not employed full time with children under fifteen years of age" is unconstitutional....

...riate care. However, we must agree with the district court's conclusion that this objective is not properly served by a statutory provision granting an automatic exemption for mothers, while excluding fathers with the same responsibilities. Although section 40.013(4) is not being challenged in this proceeding on sixth amendment grounds, we note that courts look with disfavor on broadly drawn automatic exemptions from jury service....

...Our affirmance of the First District Court of Appeal's decision holding this automatic exemption unconstitutional does not mean that individuals, male or female, with child-rearing responsibilities should not be granted an exemption from jury service under the discretionary provisions of section 40.013(6)....

...Clevinger, 778 So.2d 1005 (Fla. 5th DCA 2000), review denied, 794 So.2d 603 (Fla. 2001); Barnette v. State, 768 So.2d 1246 (Fla. 5th DCA 2000). [3] Aragon does not allege that he has reason to believe that the juror was statutorily disqualified under section 40.013(1), Florida Statutes (2001), from serving on the jury....

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

...The jury recommended death on the murder count, but the trial judge sentenced Appellant to consecutive life sentences. This appeal timely followed. By statute, persons who are “under prosecution” for a crime are not qualified to serve on juries. Section 40.013(1), Florida Statutes (2007), 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, territory, or country of bribery, forgery, perjury, larceny, o...

...ified to serve as a juror. Indisputably, driving on a suspended license with knowledge, a second-degree misdemeanor, is a crime. The threshold issue framed by Appellant, therefore, is whether W. was placed “under prosecution,” as contemplated by section 40.013(1), upon her receipt of the citation, so as to disqualify her from service on Appellant’s jury. If so, Appellant contends that he is entitled to a new trial even without a showing that he was prejudiced. Although section 40.013(1) does not define the phrase “under prosecution,” Appellant argues that section 775.15, Florida Statutes (2007), which denotes when a “prosecution” is “commenced” for purposes of the statute of limitations, also marks the beginning of prosecution for purposes of the jury qualification statute....

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

...deny your motion. O'Quendo argues on appeal that the judge who excused the public defender had no authority to excuse her because he was not the judge assigned to his case, and therefore failed to qualify as a "presiding judge" within the meaning of section 40.013(5), Florida Statutes (2000): 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 ....

.... . . Id. (emphasis supplied). O'Quendo maintains that his jury panel or venire was not drawn according to law. See Fla. R.Crim. P. 3.290. The initial success of O'Quendo's argument depends on the meaning of the term, "presiding judge," as used in section 40.013(5), Florida Statutes....

...O'Quendo seeks to limit its use to the judge who was to preside over his trial. However, because a judge conducting the general qualification of the jury directs or controls that proceeding, he qualifies as a "presiding judge" within the meaning of section 40.013(5), Florida Statutes....

...in ss. 98.081 , 98.201, 98.301, F.S. Information from the registration books is to be provided to the courts for jury purposes. The supervisor is not authorized to remove names of persons who are exempt or disqualified from jury service pursuant to s. 40.013 , F.S., such as the names of those electors who are 70 years of age or older....

...In the absence of a request from a judge, no comment is expressed herein regarding the authority of a judge to permanently exempt a voter from jury duty. 4. If a previous supervisor of elections removed the names of persons who are exempt from jury service pursuant to the criteria set forth in s. 40.013 , F.S., such action was a nullity and is of no force and effect whatever....

...12 Qualified jurors are to be selected from "the male and female persons at least 18 years of age who are citizens of this state and who are registered electors of their respective counties." 13 However, specific disqualifications from jury service for some persons are established by s. 40.013 , F.S.: (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 county of bribery, forgery, perjury, larceny, or any other offense that is a felony...

...The clerk is, by statute, required to select jurors from the pool of those who are qualified, i.e., those male or female persons at least 18 years of age who are citizens of Florida, who are registered electors in their respective counties, and who are not otherwise disqualified by s. 40.013 , F.S....

...ischarge. 16 Thus, a person coming within a statutory exemption would not be entitled to have his or her name permanently removed from the list of jurors but could claim his or her right to be excused from jury duty based on the factors set forth in s. 40.013 , F.S., when called for jury duty....

...8 Section 98.211(2)(a), F.S. 9 Section 98.201(1), F.S. 10 See, s. 98.301(3), F.S. 11 See, Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976); Dobbs v. Sea Isle Hotel, 56 So.2d 341 , 342 (Fla. 1952). 12 Section 40.02 (1), F.S. 13 Section 40.01 , F.S. 14 Section 40.013 , F.S....

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

...ges against a defendant are instituted.” Id. We reasoned: Surprisingly, the statutes governing disqualification do not expressly prohibit attorneys of parties involved in litigation from sitting on juries who will try the particular case. However, section 40.013(3), Florida Statutes (1991) states that “No person interested in any issue to be tried therein shall be a juror in any cause.” Certainly, the attorney representing the state is “interested in any issue to be tried.” Each assist...

...However, those distinguishing facts do not overcome our primary reasoning in Denson , that each assistant state attorney in an office charged with prosecuting a defendant has a sufficient interest to warrant disqualification from that defendant’s jury pursuant to section 40.013(3), Florida Statutes (2012)....

...Like the juror’s assurances in Denson , Juror 7’s assurances do not overcome our conclusion that each assistant state attorney in an office charged with prosecuting a defendant has a sufficient interest to warrant disqualification from that defendant’s jury pursuant to section 40.013(3), Florida Statutes (2012)....

...………………………………………………………………………………. .……………………………………………………………………………… 8. FULL TIME LAW ENFORCEMNT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statues, provides that “[a]ny full-time federal state, or local law enforcement officer or such entities’ investigative personal shall be excused from jury service unless such persons choose to serve.” Do you choose to serve? ..................................

...………………………………………………………………………………. .……………………………………………………………………………… 8. FULL TIME LAW ENFORCEMNT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statues, provides that “[a]ny full-time federal state, or local law enforcement officer or such entities’ investigative personal shall be excused from jury service unless such persons choose to serve.” Do you choose to serve? ..................................

...Thus, we deny relief on this claim. Issue VIII: Equal Protection Challenge to Statute Excluding Felons from the Jury. Before trial, Loyd challenged the entire jury panel on the basis that the statute that excludes felons from serving on a jury, section 40.013, Florida Statutes (2021), violates the Equal Protection Clause of the United States Constitution....

...��…………….................. .………………………………………………………………………………................. 8. FULL-TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny 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.” Do you choose to serve? ........................................

...……………………………………………………………………………….................. ……………………………………………………………………………….................. 13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 340.013(4), Florida Statutes, provides that “[a]ny expectant mother and 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.” Do you want to be excused under this provision? ........................................

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

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

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

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

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

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

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

Mr. John D. Boykin Post Office Box 4626 West Palm Beach, Florida 33402 Dear Mr. Boykin: You have asked for an opinion on substantially the following question: Does section 40.013 (2)(a), Florida Statutes, preclude a civil traffic infraction hearing officer from qualifying to serve as a juror? In sum: Civil traffic infraction hearing officers appointed pursuant the provisions of sections 318.30 — 318.38 , Florida Statutes, are not judges for purposes of section 40.013 (2)(a), Florida Statutes, and thus are not disqualified from jury service....

...ve no authority to hold a defendant in contempt of court, to hear cases involving a crash resulting in injury or death, or to hear criminal traffic offense cases. 6 County judges may exercise concurrent jurisdiction with a traffic hearing officer. 7 Section 40.013 (2)(a), Florida Statutes, sets forth those persons who are disqualified from jury service....

...r." 11 Any limitations on the privilege of jury service should be read narrowly. In Attorney General's Opinion 95-43 (1995), this office considered whether a United States Magistrate Judge was disqualified to serve as a juror under the provisions of section 40.013 (2)(a), Florida Statutes. Specifically, the request for an opinion related to whether a United States Magistrate Judge was a judge for purposes of the statute. The opinion notes that the term "judge" is not defined for purposes of the statute but that earlier versions of section 40.013 , Florida Statutes, disqualified "United States official[s]" for jury service....

...13 They are not subject to the Judicial Code of Ethics although they have judicial immunity. 14 While civil traffic infraction hearing officers serve a valuable role in the disposition of traffic infractions in counties throughout Florida, based on a narrow reading of section 40.013 (2)(a), Florida Statutes, and a review of the duties and responsibilities of civil traffic infraction hearing officers, I cannot conclude that they are "judges" for purposes of section 40.013 (2)(a), Florida Statutes....

...Thus, it does not appear that they are disqualified to serve as jurors. In sum, it is my opinion that civil traffic infraction hearing officers appointed pursuant the provisions of sections 318.30- 318.38 , Florida Statutes, are not judges for purposes of section 40.013 (2)(a), Florida Statutes, such that they would be disqualified from jury service....

...Stat., which caps the hourly rate of pay for civil traffic infraction hearing officers at $50 per hour. 3 See, s. 318.37, Fla. Stat. 4 Section 318.36 , Fla. Stat. 5 Section 318.32 (1), Fla. Stat. 6 Section 318.32 (1)(a)-(c), Fla. Stat. 7 Rule 6.630(l), Fla. R. Traf. Ct. 8 Section 40.013 (2)(a), Fla....

The Honorable Barry S. Seltzer United States Magistrate Judge United States District Court Southern District of Florida 299 East Broward Boulevard Fort Lauderdale, Florida 33301 Dear Judge Seltzer: You ask substantially the following question: Does section 40.013 (2)(a), Florida Statutes, preclude a United States Magistrate Judge from qualifying to serve as a juror? In sum: Section 40.013 (2)(a), Florida Statutes, does not preclude a United States Magistrate Judge from qualifying to serve as a juror. Section 40.013 (2), Florida Statutes, provides: (a) Neither the Governor, nor Lieutenant Governor, nor any Cabinet officer, nor clerk of court, or judge shall be qualified to be a juror....

...officer, the clerk of court. The Legislature's association of the general term "judge" with the more specific state and county officers in enumerating the officials who are ineligible to serve as jurors can be interpreted to limit the application of section 40.013 (2)(a), Florida Statutes, to state and county judges....

...fficer, property appraiser, collector of revenue, county treasurer, clerk of court, judge, county commissioner, or United States official shall be qualified to be a juror. (e.s.) Section 40.07, Florida Statutes (1977), was amended and transferred to section 40.013 (2), Florida Statutes....

...3 In light of the Legislature's previous express exclusion of "United States official" from jury service and subsequent amendment of the statute to delete such officials from the list of those who are not qualified to serve as jurors, it does not appear that section 40.013 (2), Florida Statutes, precludes a federal official from being qualified for jury service. Accordingly, it is my opinion that section 40.013 (2)(a), Florida Statutes, does not preclude a United States Magistrate Judge from being qualified to serve as a juror in a court of this state....

...stionnaire, as required by Florida 1. We have jurisdiction. See art. V, § 2(a), Fla. Const. 2. See Fla. R. Jud. Admin. 2.140(e). Rule of Judicial Administration 2.425(a)(2), and revise question 13 on the questionnaire to conform to section 40.013(4), Florida Statutes (2016), which provides for the excusal of expectant mothers and certain parents, upon request. The Committee proposes additional amendments to the form in its response to a comment by Indian River County Clerk of Circuit Court and Comptroller Jeffrey R. Smith, who suggests several changes to the form. One of the Committee’s additional proposals is intended to conform question 8 on the questionnaire with section 40.013(2)(b), Florida Statutes (2016), which provides for the excusal of full-time federal, state, or local law enforcement officers and such entities’ investigative personnel....

...se litigant) who must not file or must truncate or redact sensitive personal information listed in the rule before a document is filed with the court). We also modify the proposed amendments to question 8 (law enforcement officers and investigative personnel) consistent with section 40.013(2)(b), which allows full- time federal, state, or local law enforcement officers and such entities’ investigative personnel, who otherwise would be excused from jury service, to “choose to serve.” Finally, we amend the note ab...

................................................................................................................................................... 8. Are you a bonded deputy sheriffFULL-TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny 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.” Do you choose to serve? .......................................

................... 13. MOTHERS AND EXPECTANT MOTHERS AND PARENTS ONLY: Florida law provides that expectant mothers and mothers with children under 18 years of age residing with them shall be exempt from jury duty upon their request. Section 40.013(4), Florida Statutes, provides that “[a]ny 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.” D...

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

...AND IF FILED, DETERMINED. LEWIS, J., concurring in result only. Under the Florida Statutes, a person who has been convicted of a felony is disqualified from service on a jury unless and until his or her civil rights have been restored. See § 40.013(1), Fla....

...al bias). In my opinion, whether actual bias existed should not be the appropriate consideration where a disqualified juror served in violation of statutory law. Rather, I would conclude that if a jury is not properly comprised pursuant to section 40.013(1), it is incapable of rendering a valid verdict or advisory sentence. Therefore, if writing on a clean slate, I would hold that the presence of a convicted felon on Boyd’s jury invalidated his trial from the outset, and he would be entitled to a new trial....

...Without such a remedy in place, actual bias will remain the standard, despite the fact that this burden is virtually impossible to meet. Thus, the clear prohibition is meaningless. This extremely high standard operates to undermine the statutory prohibition in section 40.013(1)....

...ant is entitled to a new trial because an unqualified person served on this capital jury. It is undisputed that Juror Striggles was a convicted felon whose civil rights had not been restored at the time she served on the jury that convicted Boyd. Section 40.013(1), Florida Statutes (2001), provides that any person who has been convicted of a felony and whose civil rights have not been restored shall not be qualified to serve as a juror. This statutory directive is clear and unequivocal....

...In response to recent legislation, The Florida Bar’s Civil Procedure Rules Committee has filed a “fast-track” report proposing amendments to Florida Rule of Civil Procedure Form 1.983 (Prospective Juror Questionnaire). 1 The amendments reflect changes to section 40.013, Florida Statutes (2023), made by chapter 2024-122, Laws of Florida, which went into effect on July 1, 2024....

...2.140(e). Court. After considering the Committee’s proposal and the relevant legislation, we amend the Florida Rules of Civil Procedure as proposed by the Committee. First, question 14 is added to Form 1.983 to address the exemption found in new section 40.013(12), Florida Statutes (2024). See ch....

...they are a woman who has given birth within the 6 months before the reporting date on the jury summons. Next, questions 15 and 16 are added to determine whether potential jurors wish to be excused from jury service because they are a caregiver as described in section 40.013(10), Florida Statutes (2024), or a full-time student between 18 and 21 years of age as described in section 40.013(11), Florida Statutes (2024)....

...and (11) were not amended in the most recent legislative update. Finally, question 11 is amended to add the phrase “mental illness, intellectual disability, senility, or other physical or mental incapacity.” This additional language is found in section 40.013(9), -2- Florida Statutes (2024), and clarifies what constitutes a physical or mental disability that would interfere with jury service....

...��…………….................. .………………………………………………………………………………................. 8. FULL-TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny 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.” Do you choose to serve? ........................................

...……………………………………………………………………………….................. ……………………………………………………………………………….................. 13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4), Florida Statutes, provides that “[a]ny expectant mother and 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.” Do you want to be excused under this provision? ........................................

...(yes) (no) If “yes,” what are the ages of your children? ................................................................................................................ 14. NEW MOTHERS ONLY: Section 40.013(12), Florida Statutes, provides that “[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.” Do you want to be excused under this provision? ..................................... ................................................. (yes) (no) 15. CAREGIVER: Section 40.013(10), Florida Statutes, provides that “[a]ny person who is responsible for the care of a person who, because of -7- mental illness, intellectual disability, senility, or other...

...(yes) (no) If “yes,” state the reason(s): ................................................................................................................ 16. FULL-TIME STUDENTS: Section 40.013(11), Florida Statutes, provides that “[u]pon 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...

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

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