Florida Statute 92.151 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

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F.S. 92.151

92.151 Witness compensation; payment; overcharges.—Compensation shall be paid to the witness by the party in whose behalf the witness is summoned, and the prevailing party may tax the same as costs against the prevailing party’s adversary; but no person shall be compelled to attend court as a witness in any civil cause unless the party in whose behalf the person is summoned shall first pay the person the amount of compensation to which he or she would be entitled for mileage and per diem for 1 day, or the same is deposited with the executive officer of said court, and the person shall not be compelled to attend thereafter unless paid in advance. But if any witness should serve without payment in advance, at the completion of his or her services the witness may exhibit his or her account for compensation, and when the same shall have been taxed and approved by the court wherein the services have been rendered, such bill shall have the force and effect of judgment and execution against the party in whose behalf the witness was summoned, and be collected by the sheriff as in other cases of execution. Any witness who shall charge and receive more than is really due shall forfeit and pay to the party injured 4 times the amount so unjustly claimed; and if the witness shall willfully make out the account for more than is lawfully due, the witness shall forfeit the compensation.

History.—s. 41, Nov. 11, 1828; RS 1104; s. 4, ch. 4387, 1895; GS 1513; RGS 2713; CGL 4380; s. 3, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 507, ch. 95-147.

Note.—Former s. 90.15.

F.S. 92.151 on Google Scholar

F.S. 92.151 on Casetext

Amendments to 92.151

Arrestable Offenses / Crimes under Fla. Stat. 92.151

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 92.151.

Annotations, Discussions, Cases:

Cases Citing Statute 92.151

Total Results: 5

Moakley v. Smallwood

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

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

Snippet: under section 92.151, Florida Statutes (1997), as witness compensation. Although section 92.151 does provide

Ago

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

Snippet: responsible for payment of witness fees. Section 92.151, Florida Statutes, however, states in pertinent

Ganter v. Brevard County

Court: District Court of Appeal of Florida | Date Filed: 1992-08-07

Citation: 605 So. 2d 103, 1992 Fla. App. LEXIS 8504, 1992 WL 185777

Snippet: GRIDLEY, W.C., Associate Judge. The findings of fact set out in the Amended Order of the trial judge are inconsistent with the court’s ruling. As framed, said findings of fact leave no basis for the trial court to exercise judicial discretion to determine that sanctions are appropriate and, thereby, to award fees. REVERSED. GOSHORN, C.J., and W. SHARP, J., concur.

State, Department of Health & Rehabilitative Services v. Stampler

Court: District Court of Appeal of Florida | Date Filed: 1992-07-28

Citation: 601 So. 2d 642, 1992 Fla. App. LEXIS 8581

Snippet: PER CURIAM. The Florida Department of Health and Rehabilitative Services appeals an adverse final judgment after jury verdict in a personal injury action. We conclude that a jury issue was presented as to whether the Department’s cleaning staff negligently performed its duties, resulting in injury to the plaintiff. See Bonica v. Dade County School Board, 549 So.2d 220, 221 (Fla. 3d DCA 1989); Valdes v. Faby Enterprises, *643Inc., 483 So.2d 65 (Fla. 3d DCA), review dismissed, 491 So.2d 278 (Fla.1986)

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: to attend thereafter unless paid in advance.” § 92.151, Fla.Stat. (1981). There is simply no requirement