The 2023 Florida Statutes (including Special Session C)
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. . . . § 40.013(1) (1991). . . . Stat. § 40.013(1) (1991). . . .
. . . Judicial Administration 2.425(a)(2), and revise question 13 on the questionnaire to conform to section 40.013 . . . Committee’s additional proposals is intended to conform question 8 on the questionnaire with section 40.013 . . . amendments to question 8 (law enforcement officers and investigative personnel) consistent with section 40.013 . . .
. . . See § 40.013(1), Fla. Stat. (2015). . . . Rather, I would ‘conclude that if a jury is not properly comprised pursuant to section 40.013(1), it . . . This extremely high standard operates to undermine the statutory prohibition in section 40.013(1). . . . Section 40.013(1), Florida Statutes (2001), provides that any person who has been convicted of a felony . . .
. . . However, section 40.013(3), Florida Statutes (1991) states that “No person interested in any issue to . . . has a sufficient interest to warrant disqualification from that defendant’s jury pursuant to section 40.013 . . . has a sufficient interest to warrant disqualification from that defendant’s jury pursuant to section 40.013 . . .
. . . . § 40.013(6), Fla. Stat. (2008). . . . State, 749 So.2d 561, 562 (Fla. 2d DCA 2000) (noting that subsections (5) and (6) of section 40.013 implicate . . .
. . . Pursuant to 40.013(1), no person who is under prosecution for any crime ... shall be qualified to serve . . . Disqualification under Section 40.013 The issue presented in this point on appeal is whether a potential . . . Section 40.013(1), Florida Statutes (2009), states: No person who is under prosecution for any crime, . . . Section 40.013 provides no specialized definition of the phrase “under prosecution.” . . . Hence, Juror D-was not statutorily disqualified under section 40.013 from serving as a juror. . . .
. . . on direct appeal, Robinson’s civil contempt charge did not disqualify her from service under section 40.013 . . .
. . . Section 40.013(1), Florida Statutes (2007), provides: (1) No person who is under prosecution for any . . . framed by Appellant, therefore, is whether W. was placed “under prosecution,” as contemplated by section 40.013 . . . Although section 40.013(1) does not define the phrase “under prosecution,” Appellant argues that section . . .
. . . While Woodel is correct that a Florida statute does not expressly address this issue, section 40.013( . . .
. . . Therefore, should a juror serve in violation of section 40.013(1), Florida Statutes (2003), inherent . . . First, the Florida Legislature, by enacting section 40.013(1), has specifically precluded certain convicted . . . While the Court has no desire to retry this case, the plain reading of the Constitution and Section 40.013 . . . With regard to the disqualification of certain categories of persons from jury service, section 40.013 . . . other categories of persons may be excused or exempt from jury service for a variety of reasons. § 40.013 . . . For example, judges are disqualified from jury service by reason of their official position. § 40.013 . . . Under section 40.013(1), “[n]o person who is under prosecution for any crime ... shall be qualified to . . .
. . . not allege that he has reason to believe that the juror was statutorily disqualified under section 40.013 . . .
. . . During the general qualification process under section 40.013(6), Florida Statutes (1997), removal of . . .
. . . assigned to his case, and therefore failed to qualify as a “presiding judge” within the meaning of section 40.013 . . . success of O’Quendo’s argument depends on the meaning of the term, “presiding judge,” as used in section 40.013 . . . directs or controls that proceeding, he qualifies as a “presiding judge” within the meaning of section 40.013 . . .
. . . See §§ 40.01, 40.013, Fla. Stat. (1989). . . .
. . . court’s practice of having the court clerk automatically excuse prospective jurors pursuant to section 40.013 . . .
. . . Section 40.013(5) and (6) provides that: (5) A presiding judge may, in his or her discretion, excuse . . . excused from jury service upon a showing of hardship, extreme inconvenience, or public necessity. § 40.013 . . . court to excuse jurors under certain circumstances which included the conditions listed in section 40.013 . . . We conclude that trial judges may not delegate their discretionary authority under section 40.013(5) . . . jurors that are prohibited from serving or that have the option of refusing to serve under section 40.013 . . .
. . . They reference 40.01 but also reference 40.013 which is the statute that says persons disqualified or . . . excused from jury service and in that is 40.013, paren. 6 which is a person may be excused from jury . . . jurors down to a jury pool, they go through the qualifications, excusal process under the statute of 40.013 . . .
. . . . § 40.013; the right to run for political office, Fla. . . .
. . . On appeal, the district court, in affirming the conviction, stated: Section 40.013, Florida Statutes, . . .
. . . jury venire prior to reporting on the initial day of service for reasons set forth in Florida Statutes 40.013 . . . (l)-(5) and Florida Statutes 40.013(7)-(9). . . . Section 40.013, Florida Statutes (1995), contains nine categories of reasons why prospective jurors may . . . We conclude that trial judges may not delegate their discretionary authority under section 40.013(5) . . . By the clerk’s action, and in direct violation of section 40.013, thousands of lawyers, doctors and others . . .
. . . State, 464 So.2d 1181 (Fla.1985); see § 40.013(1), Fla. Stat. (1995); Lowrey v. . . .
. . . Section 40.013, Florida Statutes, provides that “[n]o person who is under prosecution for any crime . . . .
. . . Willacy claims that Clark was under prosecution when selected as a juror and seating him violated section 40.013 . . . “No person who is under prosecution for any crime ... shall be qualified to serve as a juror.” § 40.013 . . .
. . . The trial court agreed that juror McCorvey met the criteria for hardship under the statute, section 40.013 . . .
. . . Thereafter, the trial court made the brief statutory inquiry required by sections 40.01 and 40.013(1) . . .
. . . Section 40.013(1), Florida Statutes (1985), provides: No person who is under prosecution for any crime . . .
. . . State, Lusk argued that section 40.013(2), Florida Statutes (1983), should disqualify correctional officers . . .
. . . Henderson also argues that several of the provisions of section 40.013, Florida Statutes (1981), pertaining . . .
. . . Section 40.013(4), Florida Statutes (1979), has since been amended to eliminate the génder-based classification . . .
. . . system from the jury, basing his argument on section 40.07(2), Florida Statutes (1977) [now section 40.013 . . . Lusk argues that section 40.013(2) should disqualify correctional officers since a law enforcement position . . .
. . . Executive, 403 So.2d 1085 (Fla. 1st DCA 1981), which declared unconstitutional that part of section 40.013 . . . He requested that he be excused under the provisions of section 40.013(4) because he was a father who . . . It found that section 40.013(4) failed to achieve this purpose because the statute does not extend the . . . The district court concluded that section 40.013(4) is premised upon impermissible stereotypes and that . . . Although section 40.013(4) is not being challenged in this proceeding on sixth amendment grounds, we . . .
. . . from an Order denying a Motion to Quash Juror Subpoena, the appellant contends that a portion of § 40.013 . . . The appellant requested to be excused on the basis of § 40.013(4), Fla.Stat., which provides in part . . . The appellant filed a Motion to Quash Juror Subpoena, invoking § 40.013(4), Fla. . . . However, § 40.013(4), Fla.Stat., fails to either validly serve or achieve this purpose because the statute . . . Based on the preceding analysis, we hold that § 40.013(4), Fla.Stat., is unconstitutional insofar as . . .