Free Web Hosting Provider - Web Hosting - E-commerce - High Speed Internet - Free Web Page
Search the Web

ValueWeb Banner

LOCAL NEWS

Florida licensed drivers now eligible for jury

BY BRETT A. PANTER

Some of you may remember that in order to be selected as a juror, you would have had to be a registered voter. This was the law in Florida for many years. However, in 1998 the Florida Legislature changed the law with regard to qualifications of jurors.

Now, under Florida law,"Jurors shall be taken from the male and female persons at least 18 years of age who are citizens of the United States and legal residents of this state and their respective counties and who possess a driver's license or identification card issued by the Department of Highway Safety and Motor Vehicles pursuant to Chapter 322 or who have executed the affidavit prescribed in Section 40.011."

The legislature broadened the qualifications of jurors substantially with the intent of having a greater participation from the citizens and residents of the State of Florida in the jury system.

The jury list is submitted by the Department of Highway Safety and Motor Vehicles to the Clerk of the Circuit Court in each county providing them with a list of names and mailing addresses and dates of birth of all of the persons.

I would urge everyone to serve as a juror if they have the opportunity. However, there are legitimate reasons for people to not serve. Some of those reasons are:
1. A person who is under prosecution for any crime or has been convicted in this State, in Federal Court, or in any other state for bribery, forgery, perjury, larceny, or any other felonies;

2. The Governor or Lieutenant Governor, nor Cabinet officer, nor clerk of court, nor any judge may be qualified to be a juror;

3. No person with an interest in the issue to be tried shall be a juror in any cause;

4. Any expectant mother or parent who is not employed full time and who has custody of a child under 6 years of age, upon request, shall be excused from jury service;

5. A presiding judge may, in his or her discretion, excuse a practicing attorney, a practicing physician, or a person who is physically infirm from jury service;

6. A person may be excused from jury service upon a showing of hardship, extreme inconvenience or public necessity;

7. A person who is responsible for the care of a person who because of mental illness, mental retardation, senility or other physical or mental incapacity shall be excused from jury service upon request.

Everyone should be aware that when serving as a juror, if there is any threat of dismissal from their employment for any cause, by an employer or his agent to any person summoned for jury service in the state because of the nature or length of the service upon such jury, it may be deemed a contempt of the court from which the summons was issued.

You have a right to a civil action if you were dismissed as a result of jury duty. Your action may be brought in the court of this state for any violation of this section and you shall be entitled to collect not only compensatory damages but in addition thereto, punitive damages and reasonable attorneys fees for a violation of this act.

It is obvious from this statute that the Florida Legislature deems jury duty very important and has provided penalties if anyone serving as a juror is treated improperly in their place of employment as a result of this service. When serving as a juror, you can expect to receive a questionnaire asking some basic information to determine your qualifications or lack of qualification to be a juror.
If you are requested to serve as a juror, this does not mean that you will actually end up serving on a jury. All of those called are not chosen. The process by which jurors are actually chosen to be on a jury may be the subject of another article.

If you would like further information on this issue or other issues related to protecting Florida's families, feel free to call Brett Panter at Panter & Panter. Brett Panter is a partner in the firm of Panter & Panter PA, and is a Board Certified Civil Trial Attorney. The offices of Panter & Panter PA, are located in Pinecrest at 6950 N. Kendall Drive at the Panter Building, on the corner of Kendall and S. Dixie Highway (US 1). Brett A. Panter can be reached for questions or comments at 305-662-6178; by e-mail at < panterandpartner.com >, or the firm's Web site at < www.panterandpanter.com >.


Past Stories

2000.gif (1452 bytes)


See Next Story