Florida Statute 40.022 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 40
JURIES; PAYMENT OF JURORS AND DUE PROCESS COSTS

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40.022 Clerk to purge jury selection lists; restoration.—

(1) To ensure that the juror candidates summoned satisfy the requirements of ss. 40.01 and 40.013, each clerk of the circuit court shall, upon receipt of the list of persons in the department database from the Department of Highway Safety and Motor Vehicles and at least once each month thereafter, purge the final juror candidate lists of, at a minimum, the names of those persons:

(a) Adjudicated mentally incompetent;

(b) Convicted of a felony; or

(2) The Department of Health shall furnish monthly to each clerk of the circuit court a list containing the name, address, age, race, and sex of each person 18 years of age or older and a resident of such clerk’s county who died during the preceding calendar month.

(3) A person who has had his or her mental competency or civil rights restored and who wants to serve as a juror must execute the affidavit under oath as provided in s. 40.011.

(4) The Department of Law Enforcement shall establish procedures to enable the clerk of the court in each county to submit monthly the names and other identifying information about the persons selected for the jury list. The Department of Law Enforcement will search its databases and return an automated file of matching records that would assist the clerk in evaluating whether a member of the jury pool should be disqualified under the provisions of s. 40.013(1).

History.—s. 3, ch. 91-235; s. 1, ch. 91-424; s. 247, ch. 95-147; s. 2, ch. 99-8; s. 2, ch. 2002-76; s. 9, ch. 2012-100.

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Amendments to 40.022

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Cases Citing Statute 40.022

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Hampton v. State, 103 So. 3d 98 (Fla. 2012).

Cited 7 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 499, 2012 Fla. LEXIS 2649, 2012 WL 6621371

...Prudential-Bache Securities, Inc., 656 So.2d 470, 472 (Fla.1995) (explaining that plain meaning of a word is “derived from the context in which the language lies”). In examining the context within which the phrase “under prosecution” lies relative to issues of juror qualifications, it is noted that sections 40.022(1) and (4) (Clerk to purge jury selection lists; restoration) impose a duty upon the clerk of each circuit court to purge monthly from the list of potential jurors the names of those individuals disqualified from jury service by operation of section 40.013. See § 40.022(1) & (4), Fla....

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