Florida Statutes

Fla. Stat. § 92.142 (2025)

Witnesses; pay.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1983–2024 · leading case: Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002).

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Moakley v. Smallwood, 826 So. 2d 221 (Fla. 2002). · cites it 2× “142, Florida Statutes (1997), which provides that witnesses shall receive per each day of actual attendance and six cents for actual distance traveled to and from the court, does not provide authority for the 25 awarded to Smallwood. Finally, we note that neither the trial…”

Trial Practices, Inc. v. Hahn Loester & Parks, LLP, 228 So. 3d 1184 (Fla. 2d DCA 2017). · cites it 6× “Below, the trial court agreed that attorneys who testify at trial as fact witnesses are not entitled to the same hourly fee as an expert witness and, instead, that they are entitled only to per day, the amount of witness compensation provided for in section 92.142. The trial…”

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, etc., 260 So. 3d 167 (Fla. 2018). · cites it 7× “We exercise our discretion and decline to address any other issues-including section 92.142, Florida Statutes -because they are outside the scope of the rephrased certified question.”

Engel v. Rigot, 434 So. 2d 954 (Fla. 3d DCA 1983). · cites it 2× “§ 92.142, Fla.Stat. (1981). The only statutory requirement for payment in advance to a witness is that “no person shall be compelled to attend court as a witness in any civil cause unless the party in whose behalf he is summoned shall first pay him the amount of compensation to…”

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, etc. (Fla. 2018). · cites it 7× “We exercise our discretion and decline to address any other issues_including section 92.142, Florida Statutes_because they are outside the scope of the rephrased certified question.”

Knox v. State, 98 So. 3d 679 (Fla. 4th DCA 2012). · cites it 2× “trial in a case when the witnesses are summoned by a state attorney”); § 92.142(1), Fla. Stat. (2010) (“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…”

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP (Fla. 2d DCA 2017). · cites it 5× “Below, the trial court agreed that attorneys who testify at trial as fact witnesses are not entitled to the same hourly fee as an expert witness and, instead, that they are entitled only to per day, the amount of witness compensation provided for in section 92.142. The trial…”

Fowler v. Sec'y, Dep't of Corr. (Pasco Cnty.) (M.D. Fla. 2024). · cites it 3× “See § 92.142, Fla. Stat. (providing for certain expenses for witnesses in all cases).”

Colaizzo v. Off. of Crim. Conflict & Civil Reg'l Couns., 82 So. 3d 195 (Fla. 4th DCA 2012). · cites it 3× “Colaizzo does not seek recovery under section 92.142, Florida Statutes (2008), a statute that would entitle him to per day and 6 cents per mile.”

— 92.142(1) — 5 cases

Trial Practices, Inc. v. Hahn Loester & Parks, LLP, 228 So. 3d 1184 (Fla. 2d DCA 2017). “Below, the trial court agreed that attorneys who testify at trial as fact witnesses are not entitled to the same hourly fee as an expert witness and, instead, that they are entitled only to per day, the amount of witness compensation provided for in section 92.142. The trial…”

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, etc., 260 So. 3d 167 (Fla. 2018). “We exercise our discretion and decline to address any other issues-including section 92.142, Florida Statutes -because they are outside the scope of the rephrased certified question.”

Knox v. State, 98 So. 3d 679 (Fla. 4th DCA 2012). “trial in a case when the witnesses are summoned by a state attorney”); § 92.142(1), Fla. Stat. (2010) (“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…”

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP (Fla. 2d DCA 2017). “Below, the trial court agreed that attorneys who testify at trial as fact witnesses are not entitled to the same hourly fee as an expert witness and, instead, that they are entitled only to per day, the amount of witness compensation provided for in section 92.142. The trial…”

Trial Practices, Inc. v. Hahn Loeser & Parks, LLP, etc. (Fla. 2018). “We exercise our discretion and decline to address any other issues_including section 92.142, Florida Statutes_because they are outside the scope of the rephrased certified question.”

— 92.142(2) — 1 case

Colaizzo v. Off. of Crim. Conflict & Civil Reg'l Couns., 82 So. 3d 195 (Fla. 4th DCA 2012). “Colaizzo does not seek recovery under section 92.142, Florida Statutes (2008), a statute that would entitle him to per day and 6 cents per mile.”

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