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: Supreme Court of Florida | Date Filed: 2018-12-28

Snippet: testimony and other services. TPI cited section 92.142(1), Florida Statutes (2013), for the proposition

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

Court: Supreme Court of Florida | Date Filed: 2018-12-28

Citation: 260 So. 3d 167

Snippet: *170 other services. TPI cited section 92.142(1), Florida Statutes (2013), for the proposition

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

Court: District Court of Appeal of Florida | Date Filed: 2017-10-25

Citation: 228 So. 3d 1184

Snippet: expert witnesses, which was prohibited by section 92.142(1), Florida Statutes (2013). The trial court also

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

Court: District Court of Appeal of Florida | Date Filed: 2017-04-12

Snippet: expert witnesses, which was prohibited by section 92.142(1), Florida Statutes (2013). The trial court also

Knox v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-10-03

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: District Court of Appeal of Florida | Date Filed: 2012-03-14

Citation: 82 So. 3d 195, 2012 WL 832629, 2012 Fla. App. LEXIS 4124

Snippet: Colaizzo does not seek recovery under section 92.142, Florida Statutes (2008), a statute that would

Moakley v. Smallwood

Court: Supreme Court of Florida | Date Filed: 2002-02-28

Citation: 826 So. 2d 221, 2002 WL 276466

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

Service Ins. Co. v. Chiles

Court: District Court of Appeal of Florida | Date Filed: 1995-09-22

Citation: 660 So. 2d 734, 1995 Fla. App. LEXIS 9962, 1995 WL 449558

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

Cade v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-06-02

Citation: 658 So. 2d 550, 1995 WL 326107

Snippet: Appellant, v. STATE of Florida, Appellee. No. 92-142. District Court of Appeal of Florida, Fifth District

Ago

Court: Florida Attorney General Reports | Date Filed: 1995-02-06

Snippet: payment of the witness fee prescribed in section 92.142, Florida Statutes? 2. When such employee uses his

Higley South v. Quality Engineered Inst.

Court: District Court of Appeal of Florida | Date Filed: 1994-01-05

Citation: 632 So. 2d 615

Snippet: INSTALLATION INC., a Florida Corporation, Appellee. No. 92-00142. District Court of Appeal of Florida, Second District

Chiles v. United Faculty of Florida

Court: Supreme Court of Florida | Date Filed: 1993-03-23

Citation: 615 So. 2d 671, 18 Fla. L. Weekly Supp. 176, 1993 Fla. LEXIS 493, 143 L.R.R.M. (BNA) 2806, 1993 WL 64606

Snippet: 1991), the legislature amended section 216.221. Ch. 92-142, § 64, Laws of Fla. The governor's duty regarding

Dean v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-12-15

Citation: 609 So. 2d 772, 1992 Fla. App. LEXIS 13238, 1992 WL 370272

Snippet: PER CURIAM. Affirmed. See Haliburton v. State, 561 So.2d 248 (Fla.1990), cert. denied, — U.S. -, 111 S.Ct. 2910, 115 L.Ed.2d 1073 (1991); State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-10-22

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-10-10

Snippet: maximum contained in s 90.14, F.S., 1977, now s 92.142, F.S., when the witnesses are indigent. The court

Engel v. Rigot

Court: District Court of Appeal of Florida | Date Filed: 1983-06-07

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: District Court of Appeal of Florida | Date Filed: 1983-02-22

Citation: 427 So. 2d 295, 1983 Fla. App. LEXIS 18711

Snippet: the witness pay authorized by Sections 92.141 and 92.142, Florida Statutes (1979), which, during the approximate

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-01-09

Snippet: should such witness be compensated according to s. 92.142, F.S., or according to s.942.03, F.S.? SUMMARY: