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Fla. Stat. § 40.271 (2025)

Jury service.

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40.271 Jury service.—
(1) No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any cause because of the nature or length of service upon such jury.
(2) Threats of dismissal from employment for any cause, by an employer or his or her agent to any person summoned for jury service in this state, because of the nature or length of service upon such jury may be deemed a contempt of the court from which the summons issued.
(3) A civil action by the individual who has been dismissed may be brought in the courts of this state for any violation of this section, and said individual shall be entitled to collect not only compensatory damages, but, in addition thereto, punitive damages and reasonable attorney fees for violation of this act.
History.—s. 2, ch. 74-379; s. 11, ch. 79-235; s. 251, ch. 95-147.
Notes of Decisions
Cited in 14 cases, 1980–2008 · leading case: Hill v. Winn-Dixie Stores, Inc., 699 F. Supp. 876 (M.D. Fla. 1988).
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Hill v. Winn-Dixie Stores, Inc., 699 F. Supp. 876 (M.D. Fla. 1988). · cites it 11× “Count II alleges that defendant’s same acts violated Fla. Stat. § 40.271 . Section 40.271 provides: No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any…”
Mitchell v. Consol. Freightways Corp. of Del., 747 F. Supp. 1446 (M.D. Fla. 1990). · cites it 5× “” Fla.Stat. § 40.271(3). The statute creates a new remedy for the wrong committed.”
Blangy v. State, 481 So. 2d 940 (Fla. 4th DCA 1985). · cites it 8× “Thereafter, the state filed a motion with the court charging Pier 66 and the employee's supervisor, Patrick Blangy, the appellants herein, with having violated section 40.271, Florida Statutes. Thereafter, a trial was held and both defendants (the appellants herein) were found…”
Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985). · cites it 2× “(1983) (for discharge or discrimination by county or municipal employer on basis of race, color, sex, religious creed or national origin); § 112.044, Fla. Stat. (1983) (for discharge or discrimination by state or any subdivision on basis of age); § 760.”
Bidon v. Dept. of Pro. Reg., Fla. Real Est. Comm., 596 So. 2d 450 (Fla. 1992). · cites it 2× “, § 40.271, Fla. Stat. (1991) ("individual shall be entitled to collect not only compensatory damages, but, in addition thereto, punitive damages and reasonable attorney fees for violation of this act"); § 92.”
Pier 66 Co. v. Poulos, 542 So. 2d 377 (Fla. 4th DCA 1989). · cites it 2× “On the wrongful discharge claim, the individual appellants contend that section 40.271, Florida Statutes, creating criminal and civil actions for discharging an employee for jury service, imposes liability only on the corporate employer.”
Bruley v. Vill. Green Mgmt. Co., 592 F. Supp. 2d 1381 (M.D. Fla. 2008). · cites it 2× “205 (2007) (for discharge in retaliation to filing a worker’s compensation claim); Fla. Stat. § 40.271 (2007) (for discharge because of service on a jury); Fla.”
Chase v. Walgreen Co., 750 So. 2d 93 (Fla. 5th DCA 1999). · cites it 2× “Specifically, section 40.271, Florida Statutes (1993), provides: (1) No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any cause because of the nature or…”
Scott v. Estalella, 563 So. 2d 701 (Fla. 3d DCA 1990). · cites it 32× “Count II alleges that defendant's same acts violated Fla. Stat. § 40.271 . Section 40.271 provides: No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any…”
Neidhart v. Pioneer Fed. Sav. & Loan Ass'n, 498 So. 2d 594 (Fla. 2d DCA 1986). · cites it 6× “He based his cause of action on section 40.271, Florida Statutes (1985), which prohibits employers from dismissing employees for jury service.”
Aszkenas v. JB Robinson Jewelers, Inc., 560 So. 2d 1193 (Fla. 3d DCA 1990). · cites it 7× “The terms of Florida's counterpart statute, § 40.271, Fla. Stat., are similar to those of the federal enactment.”
Patierno v. State, 391 So. 2d 391 (Fla. 2d DCA 1980). “The trial judge concluded, however, that F.S. 40.271(1) provides no employee shall be dismissed from employment for any cause because of the nature or length of service on a jury .”
Show all 14 citing cases →
— 40.271(1) — 2 cases
Patierno v. State, 391 So. 2d 391 (Fla. 2d DCA 1980). “The trial judge concluded, however, that F.S. 40.271(1) provides no employee shall be dismissed from employment for any cause because of the nature or length of service on a jury .”
Scott v. Estalella, 563 So. 2d 701 (Fla. 3d DCA 1990). “Count II alleges that defendant's same acts violated Fla. Stat. § 40.271 . Section 40.271 provides: No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any…”
— 40.271(2) — 2 cases
Blangy v. State, 481 So. 2d 940 (Fla. 4th DCA 1985). “Thereafter, the state filed a motion with the court charging Pier 66 and the employee's supervisor, Patrick Blangy, the appellants herein, with having violated section 40.271, Florida Statutes. Thereafter, a trial was held and both defendants (the appellants herein) were found…”
Scott v. Estalella, 563 So. 2d 701 (Fla. 3d DCA 1990). “Count II alleges that defendant's same acts violated Fla. Stat. § 40.271 . Section 40.271 provides: No person summoned to serve on any grand or petit jury in this state, or accepted to serve on any grand or petit jury in this state, shall be dismissed from employment for any…”
— 40.271(3) — 3 cases
Mitchell v. Consol. Freightways Corp. of Del., 747 F. Supp. 1446 (M.D. Fla. 1990). “” Fla.Stat. § 40.271(3). The statute creates a new remedy for the wrong committed.”
Neidhart v. Pioneer Fed. Sav. & Loan Ass'n, 498 So. 2d 594 (Fla. 2d DCA 1986). “He based his cause of action on section 40.271, Florida Statutes (1985), which prohibits employers from dismissing employees for jury service.”
Neidhart v. Pioneer Fed. Sav. & Loan, 498 So. 2d 594 (Fla. 2d DCA 1986).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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