Florida Statute 40.23 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

View Entire Chapter

40.23 Summoning jurors.—

(1) The clerk of the court shall generate a venire as prescribed in s. 40.221 and shall summon the persons named in such venire to attend court as jurors at least 14 days prior to the sitting of such court by mailing to each person so named in the venire a written notice, addressed to his or her place of residence, and placing such notice in the United States mail with sufficient postage to carry the same. Upon order of the court, jurors may be summoned with less than 14 days’ notice.

(2) The jury service of any person who has been summoned may be postponed for a period not to exceed 6 months upon written or oral request. However, if either a public health emergency has been declared by the State Health Officer pursuant to s. 381.00315 or a state of emergency has been declared by the Governor pursuant to s. 252.36(2), the jury service of any person who has been summoned may be postponed for a period not to exceed 12 months upon written or oral request. The request may specify a date or period of time to which service is to be postponed and, if so, shall be given consideration when the assignment of the postponed date of jury service is made.

(3) Any person who is duly summoned to attend as a juror in any court and who fails to attend without any sufficient excuse shall pay a fine not to exceed $100, which fine shall be imposed by the court to which the juror was summoned, and, in addition, such failure may be considered a contempt of court.

History.—s. 8, ch. 1628, 1868; RS 1155; GS 1585; RGS 2787; s. 1, ch. 9167, 1923; CGL 4464; s. 2, ch. 16410, 1933; s. 1, ch. 22766, 1945; s. 3, ch. 71-67; s. 7, ch. 79-235; s. 249, ch. 95-147; s. 8, ch. 2021-230.

F.S. 40.23 on Google Scholar

F.S. 40.23 on CourtListener

Amendments to 40.23

Annotations, Discussions, Cases:

Cases Citing Statute 40.23

Total Results: 8 | Sort by: Relevance | Newest First

Copy

Provenzano v. Moore, 744 So. 2d 413 (Fla. 1999).

Cited 36 times | Published | Supreme Court of Florida | 1999 WL 756012

sentenced prior to March 31, 1998); Tenn.Code Ann. § 40-23-114 (Supp.1998) (establishing lethal injection

Copy

David R. Williams v. Eastside Mental Health Ctr., Inc., a Corp., 669 F.2d 671 (11th Cir. 1982).

Cited 21 times | Published | Court of Appeals for the Eleventh Circuit | 25 Wage & Hour Cas. (BNA) 358, 1982 U.S. App. LEXIS 21247

to many other private businesses. See Ala.Code § 40-23-4 (1975). In addition, membership in the State

Copy

Norfolk S. Ry. Co. v. Alabama Dep't of Revenue, 550 F.3d 1306 (11th Cir. 2008).

Cited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 25286, 2008 WL 5173113

tangible personal property within the state,[1]id. § 40-23-2(1), and a "use tax" on the storage, use, or consumption

Copy

Arthur v. Comm'r, Alabama Dep't of Corr., 840 F.3d 1268 (11th Cir. 2016).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 19752, 2016 WL 6500595

Ala. Code § 15-18-82.1, with, e.g., Tenn. Code § 40-23-114 (2014); Ky. Rev. Stat. § 431.220-223 (1998)

Copy

CSX Transp., Inc. v. Alabama Dep't of Revenue, 888 F.3d 1163 (11th Cir. 2018).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit

it for education purposes. Id. § 40-23-35(f). Of the $0.19 per gallon excise tax that

Copy

CSX Transp., Inc. v. Alabama Dep't of Revenue, 886 F.3d 974 (11th Cir. 2018).

Published | Court of Appeals for the Eleventh Circuit

it for education purposes. Id. § 40-23-35(f). Of the $0.19 per gallon excise tax that

Copy

CSX Transp., Inc. v. Alabama Dep't of Revenue, 720 F.3d 863 (11th Cir. 2013).

Published | Court of Appeals for the Eleventh Circuit | 2013 WL 3286156, 2013 U.S. App. LEXIS 13439

whatsoever on their diesel fuel purchases, see Ala.Code § 40-23-4(a)(10); rail carriers pay the State’s 4% sales

Copy

In Re: Amendments to the Florida Rules of Civil Procedure-form 1.983 (prospective Juror Questionnaire), 211 So. 3d 985 (Fla. 2017).

Published | Supreme Court of Florida

...The Committee also proposes several amendments to the summons language under the signature line on the form, the most significant of which revises that language to reflect that the clerk of court, not the sheriff, summons jurors, consistent with section 40.23(1), Florida Statutes (2016). After considering the Committee’s report, the comment, and the response, we adopt the amendments to question 13 (expectant mothers and parents), the revisions to the summons language, and the grammatical and stylistic changes proposed by the Committee....

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.