The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE

Chapter 92
WITNESSES, RECORDS, AND DOCUMENTS

View Entire Chapter

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 from cite.case.law:

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

. . . Smallwood also argues that the amount awarded to her is proper under section 92.151, Florida Statutes . . . Although section 92.151 does provide that "[c]ompensation shall be paid to the witness by the party in . . .

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

. . . .” § 92.151, Fla.Stat. (1981). . . .