Florida Statute 92.142 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.142

92.142 Witnesses; pay.—

(1) Witnesses in all cases, civil and criminal, in all courts, now or hereafter created, and witnesses summoned before any arbitrator or general or special magistrate appointed by the court shall receive for each day’s actual attendance $5 and also 6 cents per mile for actual distance traveled to and from the courts. A witness in a criminal case required to appear in a county other than the county of his or her residence and residing more than 50 miles from the location of the trial shall be entitled to per diem and travel expenses at the same rate provided for state employees under s. 112.061, in lieu of any other witness fee.

(2) An employee of the state who is required, as a direct result of employment, to appear as an official witness to testify in the course of any action in any court of this state, or before an administrative law judge, a hearing officer, hearing examiner, or any board or commission of the state or of its agencies, instrumentalities, or political subdivisions, shall be considered to be on duty during such appearance and shall be entitled to per diem and travel expenses as provided in s. 112.061. Except as provided in s. 92.141 and as provided in this subsection, such employee shall be required to tender to the employing agency any witness fee and other expense reimbursement received by the employee for such appearance.

(3) Any witness subpoenaed to testify on behalf of the state in any action brought pursuant to s. 895.05 or chapter 542 who is required to travel outside his or her county of residence and more than 50 miles from his or her residence, or who is required to travel from out of state, shall be entitled to per diem and travel expenses at the same rate provided for state employees under s. 112.061 in lieu of any state witness fee.

History.—s. 5, ch. 3106, 1879; RS 1103; s. 1, ch. 4387, 1895; GS 1512; s. 2, ch. 5649, 1907; s. 1, ch. 6905, 1915; s. 1, ch. 7280, 1917; RGS 2712; CGL 4379; s. 1, ch. 29927, 1955; s. 8, ch. 65-483; s. 1, ch. 67-401; s. 15, ch. 73-334; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 1, ch. 78-175; s. 22, ch. 78-361; ss. 1, 2, ch. 78-379; s. 1, ch. 83-36; s. 506, ch. 95-147; s. 9, ch. 96-410; s. 59, ch. 2004-11; s. 36, ch. 2005-236; s. 9, ch. 2016-84.

Note.—Former s. 90.14.

F.S. 92.142 on Google Scholar

F.S. 92.142 on Casetext

Amendments to 92.142

Arrestable Offenses / Crimes under Fla. Stat. 92.142

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.142.

Annotations, Discussions, Cases:

Cases Citing Statute 92.142

Total Results: 18

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, etc.

Court: Fla. | Date Filed: 2018-12-28T00:00:00-08:00

Citation: 260 So. 3d 167

Snippet: *170 other services. TPI cited section 92.142(1), Florida Statutes (2013), for the proposition…only entitled to be paid $5 per day under section 92.142(1). As to the remaining amounts charged-for the…with the trial court's analysis of section 92.142 as well as the trial court's conclusion that… The Second District also addressed section 92.142, concluding that "the statute and the rule…decline to address any other issues-including section 92.142, Florida Statutes -because they are outside the

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, etc.

Court: Fla. | Date Filed: 2018-12-27T23:53:00-08:00

Snippet: testimony and other services. TPI cited section 92.142(1), Florida Statutes (2013), for the proposition…only entitled to be paid $5 per day under section 92.142(1). As to the remaining amounts charged_for the…agree[d] with the trial court’s analysis of section 92.142 as well as the trial court’s conclusion that Antaramian…191. The Second District also addressed section 92.142, concluding that “the statute and the rule” address… to address any other issues_including section 92.142, Florida Statutes_because they are outside the

Trial Practices, Inc. v. Hahn Loester & Parks, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-25T00:00:00-07:00

Citation: 228 So. 3d 1184

Snippet: expert witnesses, which was prohibited by section 92.142(1), Florida Statutes (2013). The trial court also…witnesses of more than $5 per day violates section 92.142(1) and constitutes sanctionable conduct. Thus TPI…of witness compensation provided for in section 92.142. The trial court also' agreed that the fee-shifting…agree with the trial court’s analysis of section 92.142 as well as the trial court’s conclusion that Antaramian… and testimony at trial as set forth in section 92.142 indicates that the award for “certain fees’ charged

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-12T00:53:00-07:00

Snippet: expert witnesses, which was prohibited by section 92.142(1), Florida Statutes (2013). The trial court also…witnesses of more than $5 per day violates section 92.142(1) and constitutes sanctionable conduct. Thus TPI…of witness compensation provided for in section 92.142. The trial court also agreed that the fee-shifting… with the trial court's analysis of section 92.142 as well as the trial court's conclusion that

Knox v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-03T00:00:00-07:00

Citation: 98 So. 3d 679, 2012 WL 4511310, 2012 Fla. App. LEXIS 16731

Snippet: witnesses are summoned by a state attorney”); § 92.142(1), Fla. Stat. (2010) (“A witness in a criminal

Colaizzo v. Office of Criminal Conflict & Civil Regional Counsel

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-14T00:00:00-07:00

Citation: 82 So. 3d 195

Snippet: . Colaizzo does not seek recovery under section 92.142, Florida Statutes (2008), a statute that would …;employee of the state” within the meaning of § 92.142(2), Florida Statutes (2008), which would place

Moakley v. Smallwood

Court: Fla. | Date Filed: 2002-02-28T00:00:00-08:00

Citation: 826 So. 2d 221

Snippet: whose behalf the witness is summoned," section 92.142, Florida Statutes (1997), which provides that witnesses

Service Ins. Co. v. Chiles

Court: Fla. Dist. Ct. App. | Date Filed: 1995-09-22T00:53:00-07:00

Citation: 660 So. 2d 734

Snippet: Florida Statutes, which had been created by chapter 92-142, section 17, Laws of Florida): Trust funds; establishment

Cade v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-02T00:00:00-07:00

Citation: 658 So. 2d 550

Snippet: , Appellant, v. STATE of Florida, Appellee. No. 92-142. District Court of Appeal of Florida, Fifth District… 476 So.2d 1195, 1202-03 (Miss. 1985). 92-142 District Court of Appeal of Florida fladistctapp

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Court: Fla. Att'y Gen. | Date Filed: 1995-02-05T23:53:00-08:00

Snippet: payment of the witness fee prescribed in section 92.142, Florida Statutes? 2. When such employee uses his…payment of the witness fee prescribed in section 92.142, Florida Statutes, and for payment of the mileage…exclusive of the mileage allowance, provided by s. 92.142, except when he is appearing as a witness during… part of his normal duties. Pursuant to section 92.142(1), Florida Statutes, Witnesses in all cases, civil…exclusive of the mileage allowance, provided in section 92.142, Florida Statutes. Such pay is $5 for each day&

Higley South v. Quality Engineered Inst.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-04T23:53:00-08:00

Citation: 632 So. 2d 615

Snippet: INSTALLATION INC., a Florida Corporation, Appellee. No. 92-00142. District Court of Appeal of Florida, Second District…not participate in the prior opinion. 92-00142 District Court of Appeal of Florida fladistctapp

Chiles v. United Faculty of Florida

Court: Fla. | Date Filed: 1993-03-22T23:53:00-08:00

Citation: 615 So. 2d 671

Snippet: ), the legislature amended section 216.221. Ch. 92-142, § 64, Laws of Fla. The governor's duty regarding

Dean v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-15T00:00:00-08:00

Citation: 609 So. 2d 772

Snippet: DiGuilio, 491 So.2d 1129 (Fla.1986). No. 92-142 District Court of Appeal of Florida fladistctapp

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Court: Fla. Att'y Gen. | Date Filed: 1992-10-22T00:53:00-07:00

Snippet: , s. 216.292(7), F.S., as amended by s. 72, Ch. 92-142, Laws of Florida. 9 See, s. 215.20(1), F.S. 10 …See, s. 215.22(d), F.S., as amended by s. 9, Ch. 92-142, Laws of Florida. 12 Cf., s. 215.22, F.S. (1989

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Court: Fla. Att'y Gen. | Date Filed: 1984-10-10T00:53:00-07:00

Snippet: maximum contained in s 90.14, F.S., 1977, now s 92.142, F.S., when the witnesses are indigent. The court… to the extent authorized by Section 90.14 [now 92.142], Florida Statutes, that is five dollars per day

Engel v. Rigot

Court: Fla. Dist. Ct. App. | Date Filed: 1983-06-07T00:00:00-07:00

Citation: 434 So. 2d 954, 1983 Fla. App. LEXIS 19581

Snippet: actual distance traveled to and from the courts. § 92.142, Fla.Stat. (1981). The only statutory requirement

Perry v. Metropolitan Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 1983-02-22T00:00:00-08:00

Citation: 427 So. 2d 295

Snippet: the witness pay authorized by Sections 92.141 and 92.142, Florida Statutes (1979), which, during the approximate…1977, returned to the County. Sections 92.141 and 92.142, Florida Statutes (1979) (formerly Sections 90.14…exclusive of the mileage allowance, as provided by s. 92.142, except when such officer is appearing as a witness…a part of his normal duties, (emphasis added). “92.142 Witnesses; pay. — Witnesses in all cases, civil…any rights accorded them by Sections 92.141 and 92.142, Florida Statutes.1 From this adverse judgment,

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Court: Fla. Att'y Gen. | Date Filed: 1981-01-08T23:53:00-08:00

Snippet: be compensated according to s. 92.142 or s. 942.03, F.S. Section 92.142, F.S., appears to apply only to…should such witness be compensated according to s. 92.142, F.S., or according to s.942.03, F.S.? SUMMARY:…in a particular case), neither s. 942.03 nor s. 92.142, F.S., applies to an out-of-state witness who, …this state. (Emphasis supplied.) Additionally, s. 92.142, F.S., provides: Witnesses in all cases, civil…Justice Brown). (Emphasis supplied.) See also s. 92.142 (former s. 90.14), F.S., which specifies the witness