Senate Bill sb0434

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    Florida Senate - 2002                                   SB 434

    By Senator Smith





    5-13-02

  1                      A bill to be entitled

  2         An act relating to jurors; amending s. 40.01,

  3         F.S.; providing for jurors to be taken from

  4         registered electors, rather than from persons

  5         possessing a driver's license or identification

  6         card; amending s. 40.011, F.S.; deleting

  7         provisions requiring the Department of Highway

  8         Safety and Motor Vehicles to send lists of

  9         persons in the departmental database to the

10         clerks of court; amending s. 40.022, F.S.,

11         relating to purging jury selection lists, to

12         conform to the amendment made by this act;

13         amending s. 98.095, F.S.; providing for voter

14         lists to be used for jury selection; amending

15         s. 322.20, F.S.; deleting a requirement that

16         the department provide certain information to

17         the courts; providing an effective date.

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19  Be It Enacted by the Legislature of the State of Florida:

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21         Section 1.  Section 40.01, Florida Statutes, is amended

22  to read:

23         40.01  Qualifications of jurors.--Jurors shall be taken

24  from the male and female persons at least 18 years of age who

25  are citizens of the United States and legal residents of this

26  state and who are registered electors of their respective

27  counties and who possess a driver's license or identification

28  card issued by the Department of Highway Safety and Motor

29  Vehicles pursuant to chapter 322 or who have executed the

30  affidavit prescribed in s. 40.011.

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    Florida Senate - 2002                                   SB 434
    5-13-02




  1         Section 2.  Subsection (1) of section 40.011, Florida

  2  Statutes, is amended to read:

  3         40.011  Jury lists.--

  4         (1)  On or before January 1, 1993, and each year

  5  thereafter by January 1, the Department of Highway Safety and

  6  Motor Vehicles shall deliver to the clerk of the circuit court

  7  in each county a list of names, along with mailing addresses

  8  and dates of birth, of each person 18 years of age or older

  9  whose name appears in the department database and whose

10  address is in that county. By January 1, 1992, the department

11  shall begin the process of identifying persons whose names

12  appear in the department database who are not citizens of the

13  United States and legal residents of this state for the

14  purpose of jury selection.  By January 1, 1998, the department

15  database list delivered to the clerk of the circuit court in

16  each county may include only the names of persons who are

17  citizens of the United States and legal residents of Florida

18  and whose address is in that county and who are 18 years of

19  age or older.  The clerk of the circuit court shall add to the

20  list of prospective jurors the name of any person who is 18

21  years of age or older and who is a citizen of the United

22  States and a legal resident of Florida and who indicates a

23  desire to serve as a juror, but whose name does not appear on

24  the list of registered voters department database list, by

25  requiring such person to execute an affidavit at the office of

26  the clerk.

27         Section 3.  Subsection (1) of section 40.022, Florida

28  Statutes, is amended to read:

29         40.022  Clerk to purge jury selection lists;

30  restoration.--

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    Florida Senate - 2002                                   SB 434
    5-13-02




  1         (1)  Each clerk of the circuit court shall, upon

  2  receipt of the list of registered voters persons in the

  3  department database from the Department of Highway Safety and

  4  Motor Vehicles and at least once each month thereafter, purge

  5  the jury selection lists of the names of those persons:

  6         (a)  Adjudicated mentally incompetent;

  7         (b)  Convicted of a felony; or

  8         (c)  Deceased.

  9         Section 4.  Subsection (2) of section 98.095, Florida

10  Statutes, is amended to read:

11         98.095  County registers open to inspection; copies.--

12         (2)  The information provided by the supervisor

13  pursuant to this section shall be furnished only to:

14         (a)  The courts for the purpose of jury selection;

15         (b)(a)  Municipalities;

16         (c)(b)  Other governmental agencies;

17         (d)(c)  Candidates, to further their candidacy;

18         (e)(d)  Registered political committees, registered

19  committees of continuous existence, and political parties or

20  officials thereof, for political purposes only; and

21         (f)(e)  Incumbent officeholders, to report to their

22  constituents.

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24  Such information shall not be used for commercial purposes.

25  No person to whom a list of registered voters is made

26  available pursuant to this section, and no person who acquires

27  such a list, shall use any information contained therein for

28  purposes which are not related to elections, political or

29  governmental activities, voter registration, or law

30  enforcement, or jury selection.

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    Florida Senate - 2002                                   SB 434
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  1         Section 5.  Subsection (9) of section 322.20, Florida

  2  Statutes, is amended to read:

  3         322.20  Records of the department; fees; destruction of

  4  records.--

  5         (9)  The department may, upon application, furnish to

  6  any person, from the records of the Division of Driver

  7  Licenses, a list of the names, addresses, and birth dates of

  8  the licensed drivers of the entire state or any portion

  9  thereof by age group. In addition, the department may furnish

10  to the courts, for the purpose of establishing jury selection

11  lists, the names, addresses, and birth dates of the persons of

12  the entire state or any portion thereof by age group having

13  identification cards issued by the department. Each person who

14  requests such information shall pay a fee, set by the

15  department, of 1 cent per name listed, except that the

16  department shall furnish such information without charge to

17  the courts for the purpose of jury selection or to any state

18  agency or to any state attorney, sheriff, or chief of police.

19  Such court, state agency, state attorney, or law enforcement

20  agency may not sell, give away, or allow the copying of such

21  information. Noncompliance with this prohibition shall

22  authorize the department to charge the noncomplying court, any

23  state agency, state attorney, or law enforcement agency the

24  appropriate fee for any subsequent lists requested.  The

25  department may adopt rules necessary to implement this

26  subsection.

27         Section 6.  This act shall take effect October 1, 2002.

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    Florida Senate - 2002                                   SB 434
    5-13-02




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  2                          SENATE SUMMARY

  3    Provides that jurors will be selected from electors, and
      not from the list of persons holding driver's licenses or
  4    Department of Highway Safety and Motor Vehicles
      identification cards.
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