Florida Statute 40.271 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

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F.S. 40.271

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.

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Amendments to 40.271

Annotations, Discussions, Cases:

Cases Citing Statute 40.271

Total Results: 15

Hartley v. Ocean Reef Club, Inc.

476 So. 2d 1327, 10 Fla. L. Weekly 2276, 1985 Fla. App. LEXIS 16120

District Court of Appeal of Florida | Filed: Oct 1, 1985 | Docket: 1681495

Cited 16 times | Published

in other employment-related areas. See, e.g., § 40.271, Fla. Stat. (1983) (for discharge because of service

Pier 66 Co. v. Poulos

542 So. 2d 377, 1989 WL 27913

District Court of Appeal of Florida | Filed: Mar 29, 1989 | Docket: 468847

Cited 8 times | Published

claim, the individual appellants contend that section 40.271, Florida Statutes, creating criminal and civil

Bidon v. DEPT. OF PRO. REGULATION, FLA. REAL ESTATE COMM.

596 So. 2d 450, 1992 WL 56478

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 2515364

Cited 7 times | Published

include the recovery of attorney's fees. E.g., § 40.271, Fla. Stat. (1991) ("individual shall be entitled

Mitchell v. Consolidated Freightways Corp. of Del.

747 F. Supp. 1446, 1990 U.S. Dist. LEXIS 13515, 1990 WL 154625

District Court, M.D. Florida | Filed: Sep 24, 1990 | Docket: 963255

Cited 6 times | Published

attorney fees for violation of this act." Fla.Stat. § 40.271(3). The statute creates a new remedy for the wrong

Chase v. Walgreen Co.

750 So. 2d 93, 1999 WL 1206720

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 1736611

Cited 4 times | Published

to cases involving discharge. Specifically, section 40.271, Florida Statutes (1993), provides: (1) No

Blangy v. State

481 So. 2d 940, 11 Fla. L. Weekly 92

District Court of Appeal of Florida | Filed: Dec 31, 1985 | Docket: 548850

Cited 3 times | Published

the appellants herein, with having violated section 40.271, Florida Statutes. Thereafter, a trial was

Aszkenas v. JB Robinson Jewelers, Inc.

560 So. 2d 1193, 1990 Fla. App. LEXIS 849, 1990 WL 11786

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 1739628

Cited 2 times | Published

duty. He brought suit against Robinson under section 40.271, Florida Statutes (1987), requesting compensatory

Hill v. Winn-Dixie Stores, Inc.

699 F. Supp. 876, 3 I.E.R. Cas. (BNA) 433, 1988 U.S. Dist. LEXIS 12856, 1988 WL 123493

District Court, M.D. Florida | Filed: Apr 14, 1988 | Docket: 885047

Cited 2 times | Published

defendant's same acts violated Fla. Stat. § 40.271. Section 40.271 provides: No person summoned to serve

Neidhart v. PIONEER FED. SAV. & LOAN

498 So. 2d 594

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 1699774

Cited 2 times | Published

jury duty. He based his cause of action on section 40.271, Florida Statutes (1985), which prohibits employers

Bruley v. Village Green Management Co.

592 F. Supp. 2d 1381, 28 I.E.R. Cas. (BNA) 921, 2008 U.S. Dist. LEXIS 99139, 2008 WL 5158285

District Court, M.D. Florida | Filed: Dec 9, 2008 | Docket: 1396977

Cited 1 times | Published

filing a worker's compensation claim); Fla. Stat. § 40.271 (2007) (for discharge because of service on a

Scott v. Estalella

563 So. 2d 701, 1990 WL 107922

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 1281258

Cited 1 times | Published

Court. She brought this action solely[1] under section 40.271, Florida Statutes (1985)[2] to recover damages

Hill v. Winn-Dixie Stores, Inc.

934 F.2d 1516

Court of Appeals for the Eleventh Circuit | Filed: Jul 10, 1991 | Docket: 66265075

Published

violation of 28 U.S.C. § 187510 and Fla.Stat. § 40.271.11 Among other interlocutory rulings, the district

Neidhart v. Pioneer Federal Savings & Loan Ass'n

498 So. 2d 594, 11 Fla. L. Weekly 2564, 1986 Fla. App. LEXIS 11202

District Court of Appeal of Florida | Filed: Dec 3, 1986 | Docket: 64623488

Published

jury duty. He based his cause of action on section 40.271, Florida Statutes (1985), which prohibits employers

Southland Distributing Co. St. Petersburg v. Vernal

497 So. 2d 1240, 11 Fla. L. Weekly 1857, 1986 Fla. App. LEXIS 9499

District Court of Appeal of Florida | Filed: Aug 22, 1986 | Docket: 64623211

Published

of action brought by Vernal on the basis of section 40.271, Florida Statutes (1981). That statute in essence

Patierno v. State

391 So. 2d 391, 24 Wage & Hour Cas. (BNA) 1365, 1980 Fla. App. LEXIS 17936

District Court of Appeal of Florida | Filed: Dec 24, 1980 | Docket: 64579292

Published

service. The trial judge concluded, however, that F.S. 40.271(1) provides no employee shall be dismissed from