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
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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
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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
5-13-02
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
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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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