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Florida Statute 40.29 - Full Text and Legal Analysis
Florida Statute 40.29 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS
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40.29 Payment of due-process costs; reimbursement for petitions and orders.
(1) Each clerk of the circuit court, on behalf of the state attorney, private court-appointed counsel, the public defender, and the criminal conflict and civil regional counsel, shall forward to the Justice Administrative Commission, by county, a quarterly estimate of funds necessary to pay for ordinary witnesses, including, but not limited to, witnesses in civil traffic cases and witnesses of the state attorney, the public defender, criminal conflict and civil regional counsel, private court-appointed counsel, and persons determined to be indigent for costs. Each quarter of the state fiscal year, the commission, based upon the estimates, shall advance funds to each clerk to pay for these ordinary witnesses from state funds specifically appropriated for the payment of ordinary witnesses.
(2) Upon receipt of an estimate pursuant to subsection (1), the Justice Administrative Commission shall endorse the amount deemed necessary for payment by the clerk of the court during the quarterly fiscal period and shall submit a request for payment to the Chief Financial Officer.
(3) Upon receipt of the funds from the Chief Financial Officer, the clerk of the court shall pay all invoices approved and submitted by the state attorney, the public defender, criminal conflict and civil regional counsel, and private court-appointed counsel for the items enumerated in subsection (1).
(4) After review for compliance with applicable rates and requirements, the Justice Administrative Commission shall pay all due process service related invoices, except those enumerated in subsection (1), approved and submitted by the state attorney, the public defender, criminal conflict and civil regional counsel, or private court-appointed counsel in accordance with the applicable requirements of ss. 29.005-29.007.
(5) The Justice Administrative Commission shall reimburse funds to the clerks of the court to compensate jurors, to pay for meals or lodging provided to jurors, and to pay for jury-related personnel costs as provided in this section. Each clerk of the court must submit a request for reimbursement to the Florida Clerks of Court Operations Corporation within 20 days after each quarter attesting to the clerk’s actual costs to compensate jurors, to pay for meals or lodging provided to jurors, and to pay for jury-related personnel costs. The Florida Clerks of Court Operations Corporation must review the request for reimbursement to ensure that the costs are reasonably and directly related to jury management. The Florida Clerks of Court Operations Corporation must forward to the Justice Administrative Commission the amount necessary to reimburse each clerk of the court for its personnel and other costs related to jury management unless the total request for reimbursement by the clerks exceeds the quarterly funds available to the Justice Administrative Commission, in which case the Florida Clerks of Court Operations Corporation shall adjust the cumulative total to match the available funds before submitting the request to the Justice Administrative Commission. Upon receipt of each request for reimbursement, the Justice Administrative Commission must review the amount deemed necessary for payment to the clerks of the court for the most recently completed quarter, determine if the total payment amount is available, and submit a request for payment to the Chief Financial Officer. The clerks of the court are responsible for any compensation to jurors, for payments for meals or lodging provided to jurors, and for jury-related personnel costs that exceed the funding provided in the General Appropriations Act for these purposes.
(6) Subject to legislative appropriation, the clerk of the circuit court may, on a quarterly basis, submit to the Justice Administrative Commission a certified request for reimbursement for petitions and orders filed under ss. 394.459, 394.463, 394.467, and 394.917, at the rate of $40 per petition or order. Such request for reimbursement shall be submitted in the form and manner prescribed by the Justice Administrative Commission pursuant to s. 28.35(2)(i).
History.s. 1, ch. 4121, 1893; GS 1591; s. 1, ch. 7262, 1917; RGS 2793; CGL 4479; s. 1, ch. 65-483; s. 2, ch. 68-7; s. 6, ch. 69-353; s. 9, ch. 73-334; s. 12, ch. 79-235; ss. 2, 7, ch. 82-176; s. 252, ch. 95-147; s. 17, ch. 95-312; s. 1, ch. 98-92; s. 62, ch. 2003-402; s. 38, ch. 2004-265; s. 27, ch. 2005-236; s. 16, ch. 2008-111; s. 6, ch. 2017-126; s. 9, ch. 2021-116; s. 3, ch. 2022-201; s. 47, ch. 2024-245.

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Amendments to 40.29


Annotations, Discussions, Cases:

Cases Citing Statute 40.29

Total Results: 5  |  Sort by: Relevance  |  Newest First

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McIntyre v. Seminole Cnty. Sch. Bd., 779 So. 2d 639 (Fla. 5th DCA 2001).

Cited 5 times | Published | Florida 5th District Court of Appeal | 17 I.E.R. Cas. (BNA) 583, 2001 Fla. App. LEXIS 2951, 2001 WL 227363

...asonable suspicion. See Fla. Stat. § 112.0455(7), (8)(u). Employers and testing facilities must comply with very detailed instructions for collecting urine samples, testing the samples, and verifying positive test results. See 49 C.F.R. §§ 40.25; 40.29; 40.3; Fla....
...§ 40.25; Fla. Stat. § 112.0455(9)(c). As part of the confirmation of results, employees have the opportunity to speak with the testing facility to determine whether there are any factors which might have resulted in a false positive result. See 49 C.F.R. § 40.29(a)(1), (b)(3), (g)(1)-(7); Fla....
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Interstate Brands Corp. v. Local 441 Retail, Wholesale & Dep't Store Union, Afl-Cio, 39 F.3d 1159 (11th Cir. 1994).

Cited 5 times | Published | Court of Appeals for the Eleventh Circuit | 10 I.E.R. Cas. (BNA) 146, 148 L.R.R.M. (BNA) 2086, 1994 U.S. App. LEXIS 34769

...sealed inside the shipping box. 7 The box arrived the next day at the testing laboratory with all seals intact, and without any evidence of tampering. The next entry on the Control and Custody Form shows its receipt by the laboratory for "testing." Section 40.29(a)(1) requires that: 8 When a shipment of specimens is received, laboratory personnel shall inspect each package for evidence of possible tampering and compare information on specimen bottles within each package to the information on the accompanying chain of custody forms....
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Kelvin Leon Jones v. Governor of Florida (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

payment of the fine imposed”); Tenn. Code Ann. § 40-29-202(b) (requiring as conditions of re-enfranchisement
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Ago (Fla. Att'y Gen. 1983).

Published | Florida Attorney General Reports

...r s 74.051 , F.S., as amended. QUESTION TWO Your second inquiry concerns the clerk's authority to invest witness and jurors fees paid to the clerk pursuant to Ch. 40 , F.S., and to collect the interest earned thereon as income of the clerk's office. Section 40.29 , F.S....
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Interstate Brands Corp. v. Local 441 Retail, Wholesale & Dep't Store Union, 39 F.3d 1159 (11th Cir. 1994).

Published | Court of Appeals for the Eleventh Circuit

...inside the shipping box. *1161 The box arrived the next day at the testing laboratory with all seals intact, and without any evidence of tampering. The next entry on the Control and Custody Form shows its receipt by the laboratory for “testing.” Section 40.29(a)(1) requires that: When a shipment of specimens is received, laboratory personnel shall inspect each package for evidence of possible tampering and compare information on specimen bottles within each package to the information on the accompanying chain of custody forms....

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