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Florida Statute 40.2 - Full Text and Legal Analysis
Florida Statute 40.02 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS
View Entire Chapter
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request of a chief judge or the chief judge’s designee, the previously prepared final juror candidate lists shall be withdrawn from further use. If, notwithstanding this provision, some names are not withdrawn, such error or irregularity does not invalidate any subsequent proceeding or jury.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.

F.S. 40.02 on Google Scholar

F.S. 40.02 on CourtListener

Amendments to 40.02


Annotations, Discussions, Cases:

Cases Citing Statute 40.02

Total Results: 20

State Ex Rel. Green v. Pearson

14 So. 2d 565, 153 Fla. 314, 1943 Fla. LEXIS 617

Supreme Court of Florida | Filed: Jul 16, 1943 | Docket: 3262015

Cited 22 times | Published

wherein this Act differs from the general law, Section 40.02 Fla. Statutes 1941, it conforms to the provisions

Myra Holladay Sims v. State Of Florida

862 F.2d 1449, 19 Envtl. L. Rep. (Envtl. Law Inst.) 20600, 1989 U.S. App. LEXIS 165

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1989 | Docket: 985653

Cited 18 times | Published

[Emphasis added.] 10 Section 40-2-25.1 provides that: (a) No application

Foxworth v. State

267 So. 2d 647

Supreme Court of Florida | Filed: Sep 20, 1972 | Docket: 1481537

Cited 11 times | Published

respective counties for six months. Fla. Stat. (1941) § 40.02, F.S.A., required that the county commissioners

Williams v. State

238 So. 2d 137

District Court of Appeal of Florida | Filed: Jul 30, 1970 | Docket: 552390

Cited 9 times | Published

contention here was that the statute, F.S. Section 40.02, F.S.A. required the county commissioners of

Shepherd v. State

46 So. 2d 880, 1950 Fla. LEXIS 960

Supreme Court of Florida | Filed: May 16, 1950 | Docket: 1222518

Cited 9 times | Published

mentally infirm, shall be selected for jury duty". Section 40.02, F.S.A., directs the Board of County Commissioners

Bailey v. State

21 So. 2d 217, 155 Fla. 597, 1945 Fla. LEXIS 597

Supreme Court of Florida | Filed: Jan 9, 1945 | Docket: 3261860

Cited 7 times | Published

county commissioners are required to select. Section 40.02, paragraph 1, provides that in all counties

Bertrand v. Jorden

672 F. Supp. 1417, 1987 U.S. Dist. LEXIS 14214

District Court, M.D. Florida | Filed: Oct 16, 1987 | Docket: 1945086

Cited 6 times | Published

the FLCRA, 7 U.S.C. § 2042(g) and 29 C.F.R. Section 40.2(e). 4. The work performed by plaintiffs and

Myra Holladay Sims v. State Of Florida

832 F.2d 1558, 18 Envtl. L. Rep. (Envtl. Law Inst.) 20281, 26 ERC (BNA) 1969, 1987 U.S. App. LEXIS 15790

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 1987 | Docket: 517669

Cited 2 times | Published

[Emphasis added.] 12 Section 40-2-25.1 provides that: (a) No application

Gastaldi v. Sunvest Resort Communities, LC

709 F. Supp. 2d 1284, 2010 U.S. Dist. LEXIS 36763, 2010 WL 1049255

District Court, S.D. Florida | Filed: Mar 22, 2010 | Docket: 2404405

Cited 1 times | Published

JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE § 40.02[5][b], at 40-11 & n. 36 (3d ed. 2010). Conversely

Mary Jo. Bradley v. Officer Casey Benton

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2021 | Docket: 60315888

Published

requiring an expiration date to be displayed. O.C.G.A. § 40-2-8(b)(2). Driving with an improper tag is a misdemeanor

Ago

Florida Attorney General Reports | Filed: Dec 21, 2007 | Docket: 3258861

Published

other things, has been disciplined by discharge. Section 40.2 provides in part that the "City Manager will

Ago

Florida Attorney General Reports | Filed: Oct 22, 1990 | Docket: 3255631

Published

Robert A. Butterworth Attorney General RAB/tls 1 Section 40.02, F.S., sets forth the procedures whereby the

Ago

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

Published

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

Ago

Florida Attorney General Reports | Filed: Jan 27, 1989 | Docket: 3256910

Published

081(2), F.S. 3 Article I, s. 22, State Const. 4 Section 40.02(1), F.S. 5 Id. 6 396 So.2d 1113 (Fla. 1981)

Sims v. Florida, Department of Highway Safety & Motor Vehicles

862 F.2d 1449

Court of Appeals for the Eleventh Circuit | Filed: Jan 11, 1989 | Docket: 66240657

Published

from outside the country. [Emphasis added.] . Section 40-2-25.1 provides that: (a) No application shall

Sims v. Florida, Department of Highway Safety & Motor Vehicles

832 F.2d 1558, 26 ERC 1969

Court of Appeals for the Eleventh Circuit | Filed: Dec 2, 1987 | Docket: 66230337

Published

from outside the country. [Emphasis added.] . Section 40-2-25.1 provides that: (a) No application shall

LAMAR ADVERTISING ASSOCIATES OF EAST FLA., LTD. v. City of Daytona Beach

450 So. 2d 1145, 1984 Fla. App. LEXIS 12767

District Court of Appeal of Florida | Filed: Apr 19, 1984 | Docket: 1728996

Published

regulate signs and billboards in Daytona Beach. Section 40-2 of the ordinance defines "billboards" as: Outdoor

Williams v. Seaboard Airline Railroad

268 So. 2d 459, 1972 Fla. App. LEXIS 6016

District Court of Appeal of Florida | Filed: Nov 2, 1972 | Docket: 64528443

Published

2d 280. Second, I further note that Chapter 40, § 40-2 (1962), West Palm Beach Municipal Ordinance, relating

Mattox v. State

29 So. 2d 303, 158 Fla. 512, 1947 Fla. LEXIS 558

Supreme Court of Florida | Filed: Feb 28, 1947 | Docket: 3270861

Published

passage of this Act the general law by F.S. Section 40.02 (1) F.S.A. 1941 provided that the jury list

Sanders v. State ex rel. D'Alemberte

82 Fla. 498

Supreme Court of Florida | Filed: Dec 20, 1921 | Docket: 60409595

Published

call the special election provided for by said Section 40. “2. That said purported copy of said petition