Florida/Georgia Personal Injury & Workers Compensation

You're probably overthinking it. Call a lawyer.

Call Now: 904-383-7448
Florida Statute 40.02 - Full Text and Legal Analysis
Florida Statute 40.02 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 40.02 Case Law from Google Scholar Google Search for Amendments to 40.02

The 2025 Florida Statutes

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request of a chief judge or the chief judge’s designee, the previously prepared final juror candidate lists shall be withdrawn from further use. If, notwithstanding this provision, some names are not withdrawn, such error or irregularity does not invalidate any subsequent proceeding or jury.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

Copy

State Ex Rel. Green v. Pearson, 14 So. 2d 565 (Fla. 1943).

Cited 22 times | Published | Supreme Court of Florida | 153 Fla. 314, 1943 Fla. LEXIS 617

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

Myra Holladay Sims v. State Of Florida, 862 F.2d 1449 (11th Cir. 1989).

Cited 18 times | Published | Court of Appeals for the Eleventh Circuit | 19 Envtl. L. Rep. (Envtl. Law Inst.) 20600, 1989 U.S. App. LEXIS 165

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

Foxworth v. State, 267 So. 2d 647 (Fla. 1972).

Cited 11 times | Published | Supreme Court of Florida

...(1941) § 40.01, F.S.A., required that jurors be taken from the male persons over the age of 21 years who are citizens of this State and who have resided in this State for one year and in their respective counties for six months. Fla. Stat. (1941) § 40.02, F.S.A., required that the county commissioners shall select the jury list and describes the procedure....
Copy

Shepherd v. State, 46 So. 2d 880 (Fla. 1950).

Cited 9 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 960

...— In the selection of jury lists only such persons as the selecting officers know, or have reason to believe, are law abiding citizens of approved integrity, good character, sound judgment and intelligence, and who are not physically or mentally infirm, shall be selected for jury duty". Section 40.02, F.S.A., directs the Board of County Commissioners of Lake County, Florida, during the first week in January of each year, to prepare and select a jury list....
Copy

Williams v. State, 238 So. 2d 137 (Fla. 1st DCA 1970).

Cited 9 times | Published | Florida 1st District Court of Appeal

...unds. Among the material grounds for said motion, appellant pointed out that the grand jury which returned the indictment had been selected September 1, 1967 whereas the indictment was filed April 1968. The contention here was that the statute, F.S. Section 40.02, F.S.A....
Copy

Bailey v. State, 21 So. 2d 217 (Fla. 1945).

Cited 7 times | Published | Supreme Court of Florida | 155 Fla. 597, 1945 Fla. LEXIS 597

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

Bertrand v. Jorden, 672 F. Supp. 1417 (M.D. Fla. 1987).

Cited 6 times | Published | District Court, M.D. Florida | 1987 U.S. Dist. LEXIS 14214

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

Myra Holladay Sims v. State Of Florida, 832 F.2d 1558 (11th Cir. 1987).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 18 Envtl. L. Rep. (Envtl. Law Inst.) 20281, 26 ERC (BNA) 1969, 1987 U.S. App. LEXIS 15790

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

Gastaldi v. Sunvest Resort Communities, LC, 709 F. Supp. 2d 1284 (S.D. Fla. 2010).

Cited 1 times | Published | District Court, S.D. Florida | 2010 U.S. Dist. LEXIS 36763, 2010 WL 1049255

...This is probably the most common reason why courts find that a denial has not caused prejudice or harm. See Romero, 552 F.3d at 1321; Pena, 200 F.3d at 1035; Brooks v. United States, 64 F.3d 251, 257 (7th Cir. 1995); 8 JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE § 40.02[5][b], at 40-11 & n....
Copy

Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

...6 Section 98.111(1), F.S. 7 Section 98.211(1), F.S. 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....
Copy

Ago (Fla. Att'y Gen. 1990).

Published | Florida Attorney General Reports

...ring for the session of court for which summoned. In the absence of such statutory authority, the clerk of the court must compensate jurors who are summoned as prescribed by Ch. 40 , F.S. 6 Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 Section 40.02 , F.S., sets forth the procedures whereby the clerk of the court selects at random a sufficient number of names from the list of those persons qualified to serve as jurors....
Copy

Williams v. Seaboard Airline R.R., 268 So. 2d 459 (Fla. Dist. Ct. App. 1972).

Published | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6016

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

Ago (Fla. Att'y Gen. 1989).

Published | Florida Attorney General Reports

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)
Copy

Sims v. Florida, Dep't of High. Saf. & Motor Vehs., 862 F.2d 1449 (11th Cir. 1989).

Published | Court of Appeals for the Eleventh Circuit

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

Mattox v. State, 29 So. 2d 303 (Fla. 1947).

Published | Supreme Court of Florida | 158 Fla. 512, 1947 Fla. LEXIS 558

...n habeas corpus proceedings in the Circuit Court petitioner brings this appeal. *513 Appellants were indicted by a grand jury drawn from a jury list made pursuant to Chapter 22203, Acts of 1943. Before the passage of this Act the general law by F.S. Section 40.02 (1) F.S.A....
...According to the general law, upon the list being prepared by the County Commissioners and submitted to the Clerk of the Circuit Court his duties were prescribed to-wit: “On receiving the list of persons selected as qualified to serve as jurors, as provided for in Sec. 40.02, the clerk of the circuit court, in the presence of the county judge and the sheriff, shall write the names of the persons contained in said list on separate pieces of paper and shall roll or fold such pieces of paper so that the names written...
Copy

Ago (Fla. Att'y Gen. 2007).

Published | Florida Attorney General Reports

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

Sanders v. State ex rel. D'Alemberte, 82 Fla. 498 (Fla. 1921).

Published | Supreme Court of Florida

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

Sims v. Florida, Dep't of High. Saf. & Motor Vehs., 832 F.2d 1558 (11th Cir. 1987).

Published | Court of Appeals for the Eleventh Circuit | 26 ERC 1969

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

Mary Jo. Bradley v. Officer Casey Benton (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

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

Lamar Advert. Assocs. of East Fla., Ltd. v. City of Daytona Beach, 450 So. 2d 1145 (Fla. 5th DCA 1984).

Published | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 12767

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

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.