40.23
Summoning jurors.
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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.
Notes of Decisions
Cited in 2
cases, 2013–2017 · leading case: In RE: AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE-FORM 1.983 (PROSPECTIVE JUROR QUESTIONNAIRE)
In RE: AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE-FORM 1.983 (PROSPECTIVE JUROR QUESTIONNAIRE) (2017)
“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.”
Merritt v. OLMHP, LLC (2013)
“Const, (limiting the legislature’s power to create courts); §§ 40.23-.2B1, Fla. Stat. (2011). Whether section 44.”
— 40.23(1) — 1 case
In RE: AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE-FORM 1.983 (PROSPECTIVE JUROR QUESTIONNAIRE) (2017)
“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.”
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