Florida Statute 40.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

View Entire Chapter

40.011 Jury lists.—

(1) A clerk of the court shall generate a set of juror candidate lists derived from the source lists described in s. 40.01. The source name lists and the juror candidate lists shall be maintained as specified in this chapter and in accordance with the juror selection plan approved in s. 40.225.

(2) Pursuant to s. 40.01, the Department of Highway Safety and Motor Vehicles shall deliver quarterly to the clerk of the circuit court in each county a list of names of persons who reside in that county, who are citizens of the United States, who are legal residents of Florida, who are 18 years of age or older, and for whom the department has a driver license or identification card record.

(3) The clerk of the circuit court shall add to the list of licensed drivers and identification cardholders the name of any person who is 18 years of age or older and who is a citizen of the United States and a legal resident of this state and who indicates a desire to serve as a juror, but whose name does not appear on the department list, by requiring such person to execute an affidavit at the office of the clerk.

(4) The affidavit executed pursuant to subsection (3) must be in substantially the following form:

State of Florida

I, , do solemnly swear (or affirm) that I am years of age; that I am a citizen of the United States and a legal resident of Florida and County; that I personally make application for jury duty; that I am eligible to serve as a juror under the Constitution and laws of Florida; and that I reside at (Address) .

(Signature)

Sworn to and subscribed before me this day of , (year) , at County, Florida.

(Signature and title of officer
administering oath)

(5) Using the source name lists described in subsections (2) and (3), a clerk of court may generate juror candidate lists as necessary to ensure a valid and consistent juror selection process.

(a) The initial juror candidate list is derived from the name sources and shall be the master list from which prospective jurors are drawn for summons.

(b) The final juror candidate list shall contain a list of those persons, drawn from the initial candidate list as prescribed in this chapter, who are to be summoned as a pool for possible juror service.

History.—s. 2, ch. 91-235; s. 1, ch. 99-6; s. 1, ch. 2002-76; s. 7, ch. 2012-100; s. 7, ch. 2013-15.

F.S. 40.011 on Google Scholar

F.S. 40.011 on CourtListener

Amendments to 40.011

Annotations, Discussions, Cases:

Cases Citing Statute 40.011

Total Results: 4 | Sort by: Relevance | Newest First

Copy

Hermanson v. State, 604 So. 2d 775 (Fla. 1992).

Cited 19 times | Published | Supreme Court of Florida | 1992 WL 148245

1-05.1(2) (1989); Rhode Island: R.I. Gen. Laws § 40-11-15 (1990); South Dakota: S.D. Codified Laws Ann

Copy

Companioni v. City of Tampa, 958 So. 2d 404 (Fla. 2d DCA 2007).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 4679, 2007 WL 936355

...f stability and finality in jury trials. In Florida, jury lists are compiled primarily from the records maintained by the Department of Highway Safety and Motor Vehicles of persons who have either a driver's license or an identification card record. § 40.011....

Copy

Ago (Fla. Att'y Gen. 2005).

Published | Florida Attorney General Reports

section 322.20(9), Florida Statutes? Pursuant to section 40.011(1), Florida Statutes, the Department of Highway

Copy

Bryson v. State, 211 So. 2d 246 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5456

on or after September 1, 1967. Under Fla.Stat. § 40.11 (1967), F.S.A. the completion and certification

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.