Florida Statute 40.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

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F.S. 40.02

40.02 Selection of jury lists.—

(1) The chief judge or the chief judge’s designee shall direct the clerk of the court to select, by lot and at random, a sufficient number of names, with their addresses, from the initial juror candidate list of persons who are qualified to serve as jurors under s. 40.01 and to generate a final juror candidate list of not fewer than 250 persons to serve as jurors as provided for in s. 40.221. The final juror candidate list must be signed and verified by the clerk of the court as having been selected as aforesaid. The final juror candidate list may be created, updated, or supplemented as often as necessary to prevent the selection list from becoming exhausted, but in no case less than annually during the first week of January of each year, or as soon thereafter as practicable. A circuit judge in a county to which he or she has been assigned may also request that the final juror candidate list be updated or supplemented, or that a new list be created as necessary.

(2) When the final juror candidate list is prepared pursuant to the request of a chief judge or the chief judge’s designee, the previously prepared final juror candidate lists shall be withdrawn from further use. If, notwithstanding this provision, some names are not withdrawn, such error or irregularity does not invalidate any subsequent proceeding or jury. The fact that any person so selected had been on a former jury list or had served as a juror in any court at any time shall not be grounds for challenge of such person as a juror. If any person so selected shall be ascertained to be disqualified or incompetent to serve as a juror, such disqualification shall not affect the legality of such list or be cause of challenge to the array of any jury chosen from such list, but any person ascertained to be disqualified to serve as a juror shall be subject to challenge for cause, as defined by law. The set of juror candidate lists, although they may be defective or irregular in form or other formal requirement, or in the number or qualification of the persons so named, shall be the lists from which the names of persons for jury service are to be drawn as prescribed by law.

(3) The clerk of the court shall be responsible for preserving the security of the source and juror candidate lists.

(4) The clerk of the court shall perform the duties set forth in this section and in ss. 40.221, 40.23, and 40.231 in counties having an approved, computerized jury selection system, the provisions of any special law or general law of local application to the contrary notwithstanding. However, the chief judge may designate the court administrator to perform these duties if the county provides funding to the court administrator to provide the personnel and other costs associated with jury services.

History.—s. 2, ch. 4015, 1891; s. 2, ch. 4122, 1893; GS 1571; s. 1, ch. 6531, 1913; RGS 2772; s. 2, ch. 12068, 1927; CGL 4444; s. 1, ch. 28281, 1953; s. 3, ch. 67-154; s. 6, ch. 73-334; s. 3, ch. 79-235; s. 246, ch. 95-147; s. 61, ch. 2003-402; s. 8, ch. 2012-100.

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Amendments to 40.02

Arrestable Offenses / Crimes under Fla. Stat. 40.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.02.

Annotations, Discussions, Cases:

Cases Citing Statute 40.02

Total Results: 20

William Marvin Douberley v. Harold Peerenboom

Court: District Court of Appeal of Florida | Date Filed: 2023-12-13

Snippet: provided in s. 775.082 or s. 775.083. § 760.40(2), Fla. Stat. (2013). 2 The Perlmutters later

FLORIDA CITIZENS ALLIANCE, INC. v. THE SCHOOL BOARD OF COLLIER COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2021-09-10

Snippet: of instructional materials. See §§ 1006.28(1), .40(2). Among a district school superintendent's

JESUS GARCIA v. JULIETTE ESPINOSA-GARCIA

Court: District Court of Appeal of Florida | Date Filed: 2021-01-06

Snippet: findings of the trial court.” Pena, 273 So. 3d at 239–40. 2 The statute requires the trial court to include

Jefferson Eugene Davis v. Gilchrist County Sheriff's Office

Court: District Court of Appeal of Florida | Date Filed: 2019-09-25

Snippet: 401(3)(b), Fla. Stat. with e.g. Wash. Rev. Code. § 7.94.040(2) (requiring a showing of significant danger by the

State of Florida, Department of Health v. Bayfront HMA Medical Center, LLC etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-01-01

Citation: 236 So. 3d 466

Snippet: who require care in an acute-care setting.” § 395.40(2), Fla. Stat. (2016). To that end, the Legislature

M.M. v. K.P.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Citation: 228 So. 3d 718, 2017 WL 4798142

Snippet: terminate parental rights under chapter 63.”); § 27.40(2)(a) (“Private counsel shall be appointed to represent

M.M. v. K.P.

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Snippet: parental rights under chapter 63."); § 27.40(2)(a) ("Private counsel shall be appointed to

Douberley v. Perlmutter

Court: District Court of Appeal of Florida | Date Filed: 2017-05-24

Citation: 219 So. 3d 854, 2017 WL 2264617, 2017 Fla. App. LEXIS 7542

Snippet: as provided in s. 775.082. or s. 775.083.” § 760.40(2)(b), Fla. Stat. (2016). A person who performs DNA

Erie Insurance Exchange v. Larose

Court: District Court of Appeal of Florida | Date Filed: 2016-10-19

Citation: 202 So. 3d 148, 2016 Fla. App. LEXIS 15507

Snippet: Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239-40, 2 L.Ed.2d 1283 (1958). See also Kulko v. Superior

In Re AMENDMENTS TO RULES OF the SUPREME COURT RELATING TO ADMISSIONS TO the BAR

Court: Supreme Court of Florida | Date Filed: 2016-05-19

Citation: 191 So. 3d 885, 41 Fla. L. Weekly Supp. 231, 2016 Fla. LEXIS 1047, 2016 WL 2908142

Snippet: (Dissatisfied with Board’s Recommendation); and 3-40.2 (Dissatisfied with Length of Board’s Investigation)

State Of Florida, Dept. Of Revenue v. Gary L. Ceasar, Jr.

Court: District Court of Appeal of Florida | Date Filed: 2016-04-25

Citation: 188 So. 3d 989, 2016 Fla. App. LEXIS 6248, 2016 WL 1621108

Snippet: testing, including notice. See § 760.40(2)(a), Fla. Stat. ("DNA analysis may be performed

Baker County Medical Services, Inc. etc. v. State of Florida, Agency for Health etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-10-20

Citation: 178 So. 3d 71

Snippet: period of [the certificate]. See § 408.040(2)(c), Fla. Stat. [AHCA] did not act without colorable

Scott Israel, Sherrif of Broward County v. Anthony Castro

Court: District Court of Appeal of Florida | Date Filed: 2015-03-25

Citation: 162 So. 3d 328, 2015 WL 1334321

Snippet: months, and allows extension of the period: 40.2: The standard probationary period for all new bargaining

Dane P. Abdool v. Pam Bondi, etc.

Court: Supreme Court of Florida | Date Filed: 2014-06-12

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: and RCC are purely statutory entities. See § 27.40(2)(b), Fla. Stat. (2013) (“[p]rivate counsel appointed

In Re: Amendments to Florida Supreme Court Approved Family Law Form

Court: Supreme Court of Florida | Date Filed: 2014-05-01

Snippet: 40 2. Income Deduction. a. ____Immediate. Obligor

Shands Jacksonville Medical Center, Inc. v. State, Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2013-09-12

Citation: 123 So. 3d 86, 2013 WL 4859092

Snippet: trauma centers. They cite section 395.40(2), which states: *93§ 395.40(2), Fla. Stat. (emphasis added). Appellees

Johnson v. State

Court: Supreme Court of Florida | Date Filed: 2012-01-05

Citation: 78 So. 3d 1305, 37 Fla. L. Weekly Supp. 1, 2012 Fla. LEXIS 22, 2012 WL 16692

Snippet: appoints private counsel from the registry. § 27.40(2), Fla. Stat. (2008).1 Section 27.5303, which addresses

PNC Bank, N.A. v. Progressive Employer Services II

Court: District Court of Appeal of Florida | Date Filed: 2011-02-16

Citation: 55 So. 3d 655, 2011 Fla. App. LEXIS 1932, 2011 WL 519942

Snippet: Notice” payment it had previously received and $40,002.21 as prejudgment interest). PNC Bank filed a “Motion

Doe v. SUNTRUST BANK

Court: District Court of Appeal of Florida | Date Filed: 2010-01-29

Citation: 32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

Snippet: testing without informed consent in section 760.40(2)(a) applies to putative siblings. In this case,

Hagopian v. Justice Administrative Commission

Court: District Court of Appeal of Florida | Date Filed: 2009-08-12

Citation: 18 So. 3d 625, 2009 Fla. App. LEXIS 11226, 2009 WL 2450520

Snippet: counsel from a registry of individual attorneys. § 27.40(2); Crist, 978 So.2d at 138. Chapter 2007-62 also