Florida Statute 40.271 | Lawyer Caselaw & Research

The 2024 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.

F.S. 40.271 on Google Scholar

F.S. 40.271 on Casetext

Amendments to 40.271

Arrestable Offenses / Crimes under Fla. Stat. 40.271

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 40.271.

Annotations, Discussions, Cases:

Cases Citing Statute 40.271

Total Results: 11

Chase v. Walgreen Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-16T23:53:00-08:00

Citation: 750 So. 2d 93

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

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

Court: Fla. | Date Filed: 1992-03-25T23:53:00-08:00

Citation: 596 So. 2d 450

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

Scott v. Estalella

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-12T23:53:00-08:00

Citation: 563 So. 2d 701

Snippet: when section 40.271 was enacted, no comparable federal statute existed. As section 40.271 was at that …section 40.271 in chapter 40, Florida Statutes, signifies an intention to confine section 40.271 to jury…codification of section 40.271, and that would be true even if section 40.271 expressly referred to service…because of federal jury service. [2] § 40.271 provides: 40.271 Jury service (1) No person summoned …defendant's same acts violated Fla. Stat. § 40.271. Section 40.271 provides: No person summoned to serve on

Aszkenas v. JB Robinson Jewelers, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-12T23:53:00-08:00

Citation: 560 So. 2d 1193

Snippet: He brought suit against Robinson under section 40.271, Florida Statutes (1987), requesting compensatory…by enacting 28 U.S.C. § 1875, preempted section 40.271 to the extent it might otherwise apply to a federal…1990), a panel of our court has held that section 40.271, Florida Statutes, does not apply to claims arising…The terms of Florida's counterpart statute, § 40.271, Fla. Stat., are similar to those of the federal

Pier 66 Co. v. Poulos

Court: Fla. Dist. Ct. App. | Date Filed: 1989-03-29T00:00:00-08:00

Citation: 542 So. 2d 377

Snippet: the individual appellants contend that section 40.271, Florida Statutes, creating criminal and civil …on the corporate employer. The statute provides: 40.271 Jury service. (1) No person summoned to serve

Neidhart v. Pioneer Federal Savings & Loan Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-03T00:00:00-08:00

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

Snippet: jury duty. He based his cause of action on section 40.271, Florida Statutes (1985), which prohibits employers… the issue of Pioneer’s liability under section 40.271. It argues that the court’s judgment was incorrectly…issue of whether Pioneer is liable under section 40.271(3) is not identical to the finding of the Unemployment…from Pioneer resulted in a violation of section 40.271(3) for which he was entitled to compensatory damages… wilful conduct on the part of Pioneer. Section 40.271(3) contemplates that any aggrieved person has a

Neidhart v. PIONEER FED. SAV. & LOAN

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-02T23:53:00-08:00

Citation: 498 So. 2d 594

Snippet: jury duty. He based his cause of action on section 40.271, Florida Statutes (1985), which prohibits employers… issue of Pioneer's liability under section 40.271. It argues that the court's judgment was incorrectly…issue of whether Pioneer is liable under section 40.271(3) is not identical to the finding of the Unemployment…from Pioneer resulted in a violation of section 40.271(3) for which he was entitled to compensatory damages… wilful conduct on the part of Pioneer. Section 40.271(3) contemplates that any aggrieved person has a

Southland Distributing Co. St. Petersburg v. Vernal

Court: Fla. Dist. Ct. App. | Date Filed: 1986-08-22T00:00:00-07:00

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

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

Blangy v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-30T23:53:00-08:00

Citation: 481 So. 2d 940

Snippet: in the future. Section 40.271, Florida Statutes, provides as follows: 40.271 Jury service. (1) No person…appellants herein, with having violated section 40.271, Florida Statutes. Thereafter, a trial was held… reject appellants' contention that section 40.271(2), Florida Statutes, only provides for contempt…appellants herein was committed in violation of section 40.271, Florida Statutes. If a threat of dismissal constitutes

Hartley v. Ocean Reef Club, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-10-01T00:53:00-07:00

Citation: 476 So. 2d 1327

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

Patierno v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1980-12-24T00:00:00-08:00

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

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