HB 1441 2003
1	A bill to be entitled
2	An act relating to jurors; providing a popular name;
3	creating s. 40.010, F.S.; providing state policy that all
4	qualified citizens have an obligation to serve on petit
5	juries when called; creating s. 40.012, F.S.; providing
6	requirements with respect to postponement of petit jury
7	participation; amending s. 40.013, F.S.; revising language
8	with respect to persons disqualified or excused from jury
9	services; creating s. 40.014, F.S.; providing for excuses
10	from petit jury service; amending s. 40.23, F.S.; revising
11	language with respect to summoning jurors; creating s.
12	40.255, F.S.; providing for a Lengthy Trial Fund; amending
13	s. 40.271, F.S.; providing for employment protection while
14	on jury service; providing for severability; providing an
15	effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. This act shall be known by the popular name the
20	“Florida Jury Patriotism Act.”
21	Section 2. Section 40.010, Florida Statutes, is created to
22	read:
23	40.010 Full participation on petit juries of all
24	citizens.--It is the policy of this state that all qualified
25	citizens have an obligation to serve on petit juries when
26	summoned by the courts of this state, unless excused.
27	Section 3. Section 40.012, Florida Statutes, is created to
28	read:
29	40.012 Postponement of petit jury participation.--
30	(1) Individuals scheduled to appear for jury service have
31	the right to postpone the date of their initial appearance for
32	jury service one time only. When requested, postponements shall
33	be granted, provided that:
34	(a) The juror has not previously been granted a
35	postponement;
36	(b) The prospective juror appears in person or contacts
37	the clerk of the court by telephone, electronic mail, or in
38	writing to request a postponement; and
39	(c) Prior to the grant of a postponement with the
40	concurrence of the clerk of the court, the prospective juror
41	specifies a date certain on which he or she will appear for jury
42	service that is not more than 6 months after the date on which
43	the prospective juror originally was called to serve and on
44	which date the court will be in session.
45	(2) A subsequent request to postpone jury service may be
46	approved by a judicial officer only in the event of an extreme
47	emergency, such as a death in the family, sudden grave illness,
48	a natural disaster, or a national emergency in which the
49	prospective juror is personally involved, that could not have
50	been anticipated at the time the initial postponement was
51	granted. Prior to the grant of a second postponement, the
52	prospective juror must specify a date certain on which the
53	individual will appear for jury service within 6 months after
54	the postponement on a date when the court will be in session.
55	Section 4. Section 40.013, Florida Statutes, is amended to
56	read:
57	40.013 Persons disqualified or excused from jury
58	service.--
59	(1) No person who is under prosecution for any crime, or
60	who has been convicted in this state, any federal court, or any
61	other state, territory, or country of bribery, forgery, perjury,
62	larceny, or any other offense that is a felony in this state or
63	which if it had been committed in this state would be a felony,
64	unless restored to civil rights, shall be qualified to serve as
65	a juror.
66	(2)(a) Neither the Governor, nor Lieutenant Governor, nor
67	any Cabinet officer, nor clerk of court, or judge shall be
68	qualified to be a juror.
69	(b) Any full-time federal, state, or local law enforcement
70	officer or such entities' investigative personnel shall be
71	excused from jury service unless such persons choose to serve.
72	(2)(3)No person interested in any issue to be tried
73	therein shall be a juror in any cause; but no person shall be
74	disqualified from sitting in the trial of any suit in which the
75	state or any county or municipal corporation is a party by
76	reason of the fact that such person is a resident or taxpayer
77	within the state or such county or municipal corporation.
78	(4) Any expectant mother and any parent who is not
79	employed full time and who has custody of a child under 6 years
80	of age, upon request, shall be excused from jury service.
81	(3)(5) A presiding judge may, in his or her discretion,
82	excuse a practicing attorney, a practicing physician, or a
83	person who is physically infirm from jury service, except that
84	No person shall be excused from service on a civil trial jury
85	solely on the basis that the person is deaf or hearing impaired,
86	if that person wishes to serve, unless the presiding judge makes
87	a finding that consideration of the evidence to be presented
88	requires auditory discrimination or that the timely progression
89	of the trial will be considerably affected thereby. However,
90	nothing in this subsection shall affect a litigant's right to
91	exercise a peremptory challenge.
92	(6) A person may be excused from jury service upon a
93	showing of hardship, extreme inconvenience, or public necessity.
94	(4)(7)A person who was summoned and who reported as a
95	prospective juror in any court in that person's county of
96	residence within 1 year before the first day for which the
97	person is being considered for jury service is exempt from jury
98	service for 1 year from the last day of service.
99	(5)(8)A person 70 years of age or older shall be excused
100	from jury service upon request. A person 70 years of age or
101	older may also be permanently excused from jury service upon
102	written request. A person who is permanently excused from jury
103	service may subsequently request, in writing, to be included in
104	future jury lists provided such person meets the qualifications
105	required by this chapter.
106	(9) Any person who is responsible for the care of a person
107	who, because of mental illness, mental retardation, senility, or
108	other physical or mental incapacity, is incapable of caring for
109	himself or herself shall be excused from jury service upon
110	request.
111	Section 5. Section 40.014, Florida Statutes, is created to
112	read:
113	40.014 Excuses from petit jury service.--
114	(1) An individual may apply to be excused from jury
115	service for a period of up to 24 months, instead of seeking a
116	postponement, when either:
117	(a) The prospective juror has a mental or physical
118	condition that causes him or her to be incapable of performing
119	jury service. The juror, or the juror's personal
120	representative, must provide the court with documentation from a
121	physician licensed to practice medicine verifying that a mental
122	or physical condition renders him or her unfit for jury service
123	for a period of up to 24 months; or
124	(b) Jury service would cause undue or extreme physical or
125	financial hardship to the prospective juror or a person under
126	his or her care or supervision.
127	1. A judge of the court for which the individual was
128	called to jury service shall make undue or extreme physical or
129	financial hardship determinations. The authority to make these
130	determinations is delegable only to court officials or personnel
131	who are authorized by the laws of this state to function as
132	members of the judiciary.
133	2. A person asking to be excused based on a finding of
134	undue or extreme physical or financial hardship must take all
135	actions necessary to have obtained a ruling on that request by
136	no later than the date on which the individual is scheduled to
137	appear for jury duty.
138	(2) For purposes of this section, "undue or extreme
139	physical or financial hardship" is limited to circumstances in
140	which an individual would:
141	(a) Be required to abandon a person under his or her
142	personal care or supervision due to the impossibility of
143	obtaining an appropriate substitute caregiver during the period
144	of participation in the jury pool or on the jury;
145	(b) Incur costs that would have a substantial adverse
146	impact on the payment of the individual's necessary daily living
147	expenses or on those for whom he or she provides the principle
148	means of support; or
149	(c) Suffer physical hardship that would result in illness
150	or disease.
151	(3) Undue or extreme physical or financial hardship does
152	not exist solely based on the fact that a prospective juror will
153	be required to be absent from his or her place of employment.
154	(4) A person asking a judge to grant an excuse based on
155	undue or extreme physical or financial hardship shall be
156	required to provide the judge with documentation, such as, but
157	not limited to, federal and state income tax returns, medical
158	statements from licensed physicians, proof of dependency or
159	guardianship, and similar documents, which the judge finds to
160	clearly support the request to be excused. Failure to provide
161	satisfactory documentation shall result in a denial of the
162	request to be excused.
163	(5) After 24 months, a person excused from jury service
164	shall become eligible once again for qualification as a juror
165	unless the person was excused from service permanently. A
166	person is excused from jury service permanently only when the
167	deciding judge determines that the underlying grounds for being
168	excused are of a permanent nature.
169	Section 6. Section 40.23, Florida Statutes, is amended to
170	read:
171	40.23 Summoning jurors.--
172	(1) The clerk of the court shall generate a venire as
173	prescribed in s. 40.221 and shall summon the persons named in
174	such venire to attend court as jurors at least 14 days prior to
175	the sitting of such court by mailing to each person so named in
176	the venire a written notice, addressed to his or her place of
177	residence, and placing such notice in the United States mail
178	with sufficient postage to carry the same. Upon order of the
179	court, jurors may be summoned with less than 14 days' notice.
180	(2) The jury service of any person who has been summoned
181	may be postponed for a period not to exceed 6 months upon
182	written or oral request. The request may specify a date or
183	period of time to which service is to be postponed and, if so,
184	shall be given consideration when the assignment of the
185	postponed date of jury service is made.
186	(2)(3)Any person who is duly summoned to attend as a
187	juror in any court and who fails to attend without having
188	obtained a postponement or exemption according to the provisions
189	of s. 40.014any sufficient excuse shall have committed a
190	misdemeanor of the second degree punishable as provided in ss.
191	775.082 or s. 775.083pay a fine not to exceed $100, which fine
192	shall be imposed by the court to which the juror was summoned,
193	and, in addition, such failure may be considered a contempt of
194	court.
195	Section 7. Section 40.255, Florida Statutes, is created to
196	read:
197	40.255 Lengthy Trial Fund.--The Supreme Court of Florida
198	shall promulgate rules to establish a Lengthy Trial Fund that
199	shall be used to provide full or partial wage replacement or wage
200	supplementation to jurors who serve as petit jurors for more than
201	10 days.
202	(1) The court rules shall provide for the following:
203	(a) The selection and appointment of an administrator for
204	the fund.
205	(b) Procedures for the administration of the fund,
206	including payments of salaries of the administrator and other
207	necessary personnel.
208	(c) Procedures for the accounting, auditing, and
209	investment of money in the Lengthy Trial Fund.
210	(d) A report by the Supreme Court of Florida on the
211	administration of the Lengthy Trial Fund in its annual report on
212	the judicial branch, setting forth the money collected for and
213	disbursed from the fund.
214	(2) Notwithstanding any other fees collected under state
215	law, each trial court in the state shall collect from each
216	attorney who files a civil case, unless otherwise exempted under
217	the provisions of this section, a fee of $20 per case to be paid
218	into the Lengthy Trial Fund. A lawyer will be deemed to have
219	filed a case at the time the first pleading or other filing on
220	which an individual lawyer's name appears is submitted to the
221	court for filing and opens a new case. All such fees shall be
222	forwarded to the administrator of the Lengthy Trial Fund for
223	deposit.
224	(3) The administrator shall use the fees deposited in the
225	Lengthy Trial Fund to pay full or partial wage replacement or
226	wage supplementation to jurors whose employers pay less than
227	full regular wages when the period of jury service lasts more
228	than 10 days.
229	(4) The court may pay replacement or supplemental wages of
230	up to $300 per day per juror beginning on the 11th day of jury
231	service. In addition, for any jurors who qualify for payment by
232	virtue of having served on a jury for more than 10 days, the
233	court may, upon finding that such service posed a significant
234	financial hardship to a juror, even in light of payments made
235	with respect to jury service after the 10th day, award
236	replacement or supplemental wages of up to $100 per day from the
237	4th through the 10th day of jury service.
238	(5) Any juror who is serving or has served on a jury that
239	qualifies for payment from the Lengthy Trial Fund, provided the
240	service commenced on or after the effective date of this act,
241	may submit a request for payment from the Lengthy Trial Fund on
242	a form that the administrator provides. Payment shall be
243	limited to the difference between the state paid jury fee and
244	the actual amount of wages a juror earns, up to the maximum
245	level payable, minus any amount the juror actually receives from
246	the employer during the same time period. This payment shall be
247	paid in addition to any other compensation that a juror may
248	receive according to the laws of this state.
249	(a) The form shall disclose the juror's regular wages, the
250	amount the employer will pay during the term of jury service
251	starting on the 11th day and thereafter, the amount of
252	replacement or supplemental wages requested, and any other
253	information the administrator deems necessary for proper
254	payment.
255	(b) The juror also shall be required to submit
256	verification from the employer as to the wage information
257	provided to the administrator, for example, the employee's most
258	recent earnings statement or similar document, prior to
259	initiation of payment from the fund.
260	(c) If an individual is self-employed or receives
261	compensation other than wages, the individual may provide a
262	sworn affidavit attesting to his or her approximate gross weekly
263	income, together with such other information as the
264	administrator may require, in order to verify weekly income.
265	(6) The following attorneys and causes of action are
266	exempt from payment of the Lengthy Trial Fund fee:
267	(a) Government attorneys entering appearances in the
268	course of their official duties.
269	(b) Pro se litigants.;
270	(c) Cases in small claims court or the state equivalent
271	thereof.
272	(d) Claims seeking social security disability
273	determinations; individual veterans' compensation or disability
274	determinations; recoupment actions for government backed
275	educational loans or mortgages; child custody and support cases;
276	actions brought in forma pauperis; and any other filings
277	designated by rule that involve minimal use of court resources
278	and that customarily are not afforded the opportunity for a
279	trial by jury.
280	Section 8. Section 40.271, Florida Statutes, is amended to
281	read:
282	40.271 Jury service; employment protection.--
283	(1) No person summoned to serve on any grand or petit jury
284	in this state, or accepted to serve on any grand or petit jury
285	in this state, shall be dismissed from employment for any cause
286	or otherwise be subject to any adverse employment actionbecause
287	of the nature or length of service upon such jury.
288	(2) Threats of dismissal from employment for any cause, by
289	an employer or his or her agent to any person summoned for jury
290	service in this state, because of the nature or length of
291	service upon such jury may be deemed a contempt of the court
292	from which the summons issued.
293	(3) A civil action by the individual who has been
294	dismissed may be brought in the courts of this state for any
295	violation of this section, and said individual shall be entitled
296	to collect not only compensatory damages, but, in addition
297	thereto, punitive damages and reasonable attorney fees for
298	violation of this act.
299	(4) An employee may not be required or requested to use
300	annual, vacation, or sick leave for time spent responding to a
301	summons for jury service, time spent participating in the jury
302	selection process, or time spent actually serving on a jury.
303	Nothing in this provision shall be construed to require an
304	employer to provide annual, vacation, or sick leave to employees
305	under the provisions of this subsection who otherwise are not
306	entitled to such benefits under company policies.
307	(5) A court shall automatically postpone and reschedule
308	the service of a summoned juror of an employer with five of
309	fewer full-time employees, or their equivalent, if another
310	employee of that employer is summoned to appear during the same
311	period. Such postponement will not affect an individual’s right
312	to one automatic postponement under s. 40.012.
313	Section 9. The provisions of this act are severable. If
314	any portion of this act is declared unconstitutional or the
315	application of any part of this act to any person or
316	circumstance is held invalid, the remaining portions of the act
317	and their applicability to any person or circumstance shall
318	remain valid and enforceable.
319	Section 10. This act shall take effect October 1, 2003.