Florida Statute 40.34 - 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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40.34 Clerks to make triplicate payroll.—

(1) The clerk of the court shall make out a payroll in triplicate for the payment of witnesses, which payroll shall contain:

(a) The name of each witness entitled to be paid with state funds;

(b) The number of days for which the witnesses are entitled to be paid;

(d) The total compensation each witness is entitled to receive.

(2) The form of such payroll shall be prescribed by the Chief Financial Officer.

(3) Compensation paid a witness shall be attested as provided in s. 40.32. The payroll shall be approved by the signature of the clerk, or his or her deputy, except for the payroll as to witnesses appearing before the state attorney, which payroll shall be approved by the signature of the state attorney or an assistant state attorney.

(4) The clerks of the courts shall forward two copies of such payrolls to the Justice Administrative Commission, within 2 weeks after the last day of the quarterly fiscal period, and the commission shall audit such payrolls.

History.—s. 6, ch. 4121, 1893; GS 1596; s. 6, ch. 7262, 1917; RGS 2798; CGL 4484; s. 1, ch. 25091, 1949; s. 1, ch. 61-494; s. 17, ch. 79-235; s. 257, ch. 95-147; s. 21, ch. 95-312; s. 96, ch. 2003-261; s. 20, ch. 2008-111.

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Amendments to 40.34

Annotations, Discussions, Cases:

Cases Citing Statute 40.34

Total Results: 3 | Sort by: Relevance | Newest First

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Hill v. Winn-Dixie Stores, Inc., 699 F. Supp. 876 (M.D. Fla. 1988).

Cited 2 times | Published | District Court, M.D. Florida | 3 I.E.R. Cas. (BNA) 433, 1988 U.S. Dist. LEXIS 12856, 1988 WL 123493

...federal jury service. Additionally, the use of parallel language requires parallel construction. Doctors Hospital, Inc. v. Bowen, 811 F.2d 1448, 1452 (11th Cir.1987); Fortin v. Marshall, 608 F.2d 525, 528 (1st Cir.1979). When § 40.271 was enacted, § 40.34(1), which describes the method by which the clerks of the Florida state courts prepare jury payrolls, contained the language "clerks of the several courts of record in this state." Section 40.271 should be reasonably construed in an identical fashion to refer solely to state court jury service....

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Scott v. Estalella, 563 So. 2d 701 (Fla. 3d DCA 1990).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 1990 WL 107922

...The fact that section 40.271 was codified in chapter 40 does not, therefore, shed light on its proper interpretation. In support of its reasoning, Hill also cites two statutes which were in existence when section 40.271 was enacted. The first is subsection 40.34(1), Florida Statutes (1973) which pertained to the payroll responsibilities of the "clerks of the several courts of record in this state whose jurors are paid from state funds......

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Ago (Fla. Att'y Gen. 1975).

Published | Florida Attorney General Reports

...the trial of the criminal case. Cf. AGO's 075-271, 074-301, 072-39, and 071-26. AS TO QUESTION 2: The clerk of the circuit court is required to make out a payroll when witnesses before a grand jury or prosecuting attorney are paid from state funds. Section 40.34 , F.S....

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