Resolution 174-1987
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Mayor Jerry Hernandez, Jr.
RESOLUTION NO. 174-1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CONCERNING
SENATE BILL 537; AN ACT RELATING TO JURORS
AND SELECTION OF JURORS FOR JURY POOL.
WHEREAS, the jury pool from which individuals are selected
for jury duty is at present composed entirely of registered
electors; and
WHEREAS, at present there is no vehicle whereby individuals
who are not registered voters but who are citizens of Monroe
County may serve the State as jurors; and
WHEREAS, it is desirous that persons who have served as
jurors shall not be required to serve a second time until such
time as the jury pool has been exhausted; and
WHEREAS, a broader-based jury pool would be formed if a
driver data base list was used for selection of jurors in
conjunction with registered voters lists; and
WHEREAS, it is hoped that the foregoing provisions would
encourage a greater number of individuals to register to vote;
and
WHEREAS, Senator Jack Gordon has introduced Senate Bill 537
for the purpose of implementing such changes in the formation of
jury pools, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Governor and the Florida Legislature is hereby
petitioned to take note of the proposed legislation and its
impact on local government.
2. The Florida Legislature is requested to support Senate
Bill 537 and any other legislation that has as its purpose the
accomplishment of the same goals.
3. The Clerk is hereby directed to forward copies of this
Resolution to the Governor, the Speaker of the House, the
President of the Senate, the Chairman of the House and Senate
Committees with jurisdiction over the subj ect matter, and the
Monroe County Legislative Delegation.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of April, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL) DANNY L. KOLHAGE, Clerk
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Attest:
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY
Florida Senate - 1987
sa. 537
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By Senator Gordon
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A bill to be entitled
An act relating to jurors; amending s. 40.013,
F.S.; providing for the exclusion of certain
persons from jury service for medical reasons;
amending s. 40.02, F.S.; excluding persons who
have served as jurors from further service
until the jury list is exhausted; amending s.
40.01, F.S.; authorizing a driver data base
list to be used for the selection of jurors in
conjunction with registered electors; creating
s. 40.011, F.S.; requiring the Department of
Highway Safety and Motor Vehicles to furnish a
driver data base list to certain clerks of the
circuit court and providing for affidavits for
application for jury duty for those citizens
whose names do not appear on the list; creating
s. 40.022, F.S.; requiring the clerk of the
circuit court to purge the jury lists once a
month of convicted felons, mentally incompetent
persons, and deceased persons; providing for
affidavits for application for jury duty for
those citizens whose civil rights and mental
competency have been restored; amending s.
905.37, F.S.; providing that statewide grand
jurors be selected from the same juror pool as
countywide jurors; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (9) is added to section 40.013,
Florida Statutes, to read:
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35-4331.-87
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40.013 Persons disqualified or excused from jury
2 service.--
3 (9) A Derson vho is certified by a Dhysician licensed
4 in the state to be Dermanently and DhvsicallY unable to serve
5 as a ;uror shall be excluded from ;ury service.
6 Section 2. Subsection (1) of section 40.02, Florida
7 Statutes, is amended to read:
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40.02 Selection of jury lists.--
(1) The chief judge of each circuit, or a circuit
10 judge in each county within the circuit who is designated by
11 the chief judge, shall request the selection of a jury list in
12 each county within the circuit during the first week of
13 January of each year, or as soon thereafter as practicable.
14 The chief judge or his designee shall direct the clerk of the
15 court to select at random a sufficient number of names, with ,"'"
16 their addresses, from the list of persons vho are qualified to
17 serve as jurors under the provisions of s. 40.01 and to
18 generate a list of not fewer than 250 persons to serve as
19 jurors, which list shall be signed and verified by the clerk
20 of the court as having been selected as aforesaid. A circuit
21 judge in a county to which he has been assigned may request
22 additional jury l'ists as necessary to prevent the jury list
23 from becoming exhausted. When the annual jury list is
24 prepared pursuant to the request of a chief judge or his
25 designee, the lists prepared the previous year shall be
26 withdrawn from further use. If, notwithstanding this
27 provision, some names are not withdrawn, such error or
28 irregularity shall not invalidate any subsequent proceeding or
29 jury. The fact that any person so selected had been on a
30 former jury list or had served as a juror in any court at any
31 time shall not be grounds for challenge of such person as a
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35-433A-B1
juror. If any person so selected shall be ascertained to be
disqualified or incompetent to serve as a juror, such
disqualification shall not affect the legality of such list or
be cause of challenge to the array of any jury chosen from
such list, but any person ascertained to be disqualified to
serve as a juror shall be subject to challenge for cause, as
defined by law. The lists, although they may be defective or
irregular in form or other formal requirement, or in the
number or qualification of the persons so named, shall be the
lists from which the names of persons for jury service are to
be drawn as prescribed by law. The name of any person who has
served as a iuror shall be deleted from any subsequent list
until the list of all persons qualified to serve as iurors
under s. 40.01 has been exhausted.
Section 3. Section 40.01, Florida Statutes, is amended
to read:
40.01 Qualifications of jurors.--Jurors shall be taken
from the male and female persons at least 18 years of age who
are citizens of this state who are registered electors of
their respective counties. A county shall also include in the
pool from which iurors are selected. residents of the county
who are at least 18 years of aq~. who are citizens of the
state. and whose names appear on a driver-data-base list
furnished bv the Department of HiQhwav Safety and Motor
Vehicles.
Section 4. Section 40.011, Florida Statutes, is
created to read:
40.011 Jury lists.--
(I) On or before January I, 1990, and each year
thereafter by January I, the Department of Highway Safety and
Motor Vehicles shall deliver to the clerk of the circuit court
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35-433A-87
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1 in each county that selects jurors from among licensed
2 drivers. a list of names. along with aailing addresses and
3 dates of birth, of each person whose name appears in the
4 driver data base who is qualified to serve as a juror in that
5 county. By January 1. 1988. the Department of Highway Safety
6 and Motor Vehicles shall begin the process of identifying
7 those persons whose names appear on the driver data base list
8 who are not legal citizens of this state and of the United
9 States for the purpose of jury selection. By January 1. 1990.
10 the driver-data-base list may include only the names of those
11 persons who are qualified to serve as jurors as provided in s.
12 40.01. The clerk of the circuit court shall add to the list
13 the name of any citizen who indicates a desire to serve as a
14 juror. but whose name does not appear on the driver data base
15 list, by requiring such citizen to execute an affidavit under ~
16 oath at the office of the clerk of the circuit court.
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(2) The affidavit executed pursuant to subsection (1)
18 must be substantially in the following form:
19 State of Florida
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21 County of ....
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I do solemnly swear (or affirm) that my name is
....,
2J that I am .... years of age; that I was born in the State of
24 ....: County of ....; that I am a Florida citizen; that I
25 personally make application for jury duty. and at said time
26 reside on .... Street, in the Town or City of ..... County of
27 ..... State of Florida.
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29 (Signature of Florida citizen)
30 Sworn to and subscribed before me this .... day of ...., A.D.
31 19.....
4 ....,
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35-433A-87
1 Section 5. Section 40.022, Florida Statutes, is
2 created to read:
3 40.022 Clerk to purge jury selection lists;
4 restoration.--
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(1) Each clerk of the circuit court shall, upon
6 receipt of the list described in s. 40.011 from the Department
7 of Highway Safety and Motor Vehicles and at least once each
8 month thereafter, purge the jury selection lists of those
9 persons:
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(a) Adjudicated mentally incompetent during the
11 preceding calendar month; or
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(b) Convicted of a felony during the preceding
13 calendar month.
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(2) The Department of Health and Rehabilitative
~ 15 Services shall furnish monthly to each clerk of the circuit
16 court a list containing the name, address, age, race, and sex
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17 of each person who died during the preceding calendar month
18 who was 18 years of age or older and a resident of such
19 clerk's county. Upon receipt of such list, the clerk shall
20 remove from the jury selection lists the name of any person
21 who died during the preceding calendar month.
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(3) A person who has had his mental competency or
23 civil rights restored and who wants to serve as a juror shall
24 be required to execute the affidavit under oath as provided in
25 s. 40.011.
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Section 6. Subsection (3) of section 905.37, Florida
27 Statutes, is amended to read:
28 905.37 List of prospective jurors; impanelment;
29 composition of jury: compensation.--
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(3) A statewide grand jury shall be composed of 18
31 members, of which 15 members shall constitute a quorum. Each
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35-433A-87
1 member of the statewide grand jury shall be qualified to serve
2 as a iuror as provided in s. 40.01 e-re~istered-e%eeter-i"-the
ee~"ty-i"-vhieh-he-resides. In all other respects a statewide
4 grand juror shall have the same qualifications as provided in
5 this chapter in the case of a county grand jury.
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Section 7. This act shall take effect October I, 1987.
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SENATE SUMMARY
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Provides for the exclusion from jury service of persons
certified by a licensed physician to be permanently and
physically unable to serve as jurors. Provides that
persons who serve as jurors shall be excluded from
subsequent jury lists until the list of all other
eligible persons has been exhausted. Requires the
Department of Highway Safety and Motor Vehicles to
furnish a driver-data-base list to certain clerks of the
circuit court for use in the selection of jurors.
Authorizes citizens whose names are not in the data base
to apply for jury duty. Requires clerks of the circuit
court to purge jury lists every month of mentally
incompetent persons. convicted felons, and deceased
persons. Authorizes citizens whose mental competency or
civil rights have been restored to apply for jury duty.
Provides that statewide grand jurors be selected from the
same pool as countywide jurors.
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