The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

TRIAL PRACTICES, INC. v. HAHN LOESER PARKS, LLP,, 260 So. 3d 167 (Fla. 2018)

. . . TPI cited section 92.142(1), Florida Statutes (2013), for the proposition that fact witnesses may only . . . an attorney called to testify as a fact witness is only entitled to be paid $5 per day under section 92.142 . . . Nevertheless, the Second District "agree[d] with the trial court's analysis of section 92.142 as well . . . The Second District also addressed section 92.142, concluding that "the statute and the rule" address . . . We exercise our discretion and decline to address any other issues-including section 92.142, Florida . . .

TRIAL PRACTICES, INC. v. HAHN LOESER PARKS, LLP, FOR J. ANTARAMIAN,, 228 So. 3d 1184 (Fla. Dist. Ct. App. 2017)

. . . An-taramian had improperly paid them as if they were expert witnesses, which was prohibited by section 92.142 . . . Overhead Expenses TPI argues that payment to the fact witnesses of more than $5 per day violates section 92.142 . . . that they are entitled only to $5 per day, the amount of witness compensation provided for in section 92.142 . . . and as introduced at the evidentiary hearing,” We agree with the trial court’s analysis of section 92.142 . . . limitation on payments to witnesses for their attendance and testimony at trial as set forth in section 92.142 . . .

KNOX, v. STATE, 98 So. 3d 679 (Fla. Dist. Ct. App. 2012)

. . . summoned to appear for ... trial in a case when the witnesses are summoned by a state attorney”); § 92.142 . . .

Dr. COLAIZZO, M. D. v. OFFICE OF CRIMINAL CONFLICT AND CIVIL REGIONAL COUNSEL,, 82 So. 3d 195 (Fla. Dist. Ct. App. 2012)

. . . Colaizzo does not seek recovery under section 92.142, Florida Statutes (2008), a statute that would entitle . . . director of a child protection team was at all times an "employee of the state” within the meaning of § 92.142 . . .

MOAKLEY, v. SMALLWOOD,, 826 So. 2d 221 (Fla. 2002)

. . . ompensation shall be paid to the witness by the party in whose behalf the witness is summoned,” section 92.142 . . .

R. ENGEL, D. D. S. v. RIGOT,, 434 So. 2d 954 (Fla. Dist. Ct. App. 1983)

. . . . § 92.142, Fla.Stat. (1981). . . .

PERRY, v. METROPOLITAN DADE COUNTY, a, 427 So. 2d 295 (Fla. Dist. Ct. App. 1983)

. . . past and future entitlement to receive and retain the witness pay authorized by Sections 92.141 and 92.142 . . . Sections 92.141 and 92.142, Florida Statutes (1979) (formerly Sections 90.14 and 90.-141, Florida Statutes . . . be entitled to receive the daily witness pay, exclusive of the mileage allowance, as provided by s. 92.142 . . . is appearing as a witness during time compensated as a part of his normal duties, (emphasis added). “92.142 . . . Safety Department does not violate or deprive the officers of any rights under Sections 92.141 and 92.142 . . .