Florida Senate - 2010                                    SB 2208
       
       
       
       By Senator Constantine
       
       
       
       
       22-01287-10                                           20102208__
    1                        A bill to be entitled                      
    2         An act relating to the management and operation of a
    3         jury system in a circuit court; amending s. 40.001,
    4         F.S.; authorizing the chief judge of a circuit court
    5         to assign certain duties to the court administrator
    6         which are otherwise assigned to the clerk of court by
    7         law; amending s. 40.02, F.S.; authorizing the chief
    8         judge of a circuit court to designate the court
    9         administrator to perform certain duties relating to
   10         the selection of jurors if funding is received from
   11         any source for that purpose; providing an effective
   12         date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 40.001, Florida Statutes, is amended to
   17  read:
   18         40.001 Chief judge; authority; duties.—The chief judge of
   19  each judicial circuit is vested with overall authority and
   20  responsibility for the management, operation, and oversight of
   21  the jury system within his or her circuit. Notwithstanding any
   22  law to the contrary, the chief judge may assign to the court
   23  administrator the duties specified in this chapter and chapter
   24  905 relating to the operation and management of the jury system.
   25  However, in accordance with this chapter and chapter 905, the
   26  clerk of the circuit court shall perform the duties has specific
   27  responsibilities regarding the processing of jurors, including,
   28  but not limited to, qualifications, summons, selection lists,
   29  reporting, and compensation of jurors, which are not assigned to
   30  the court administrator. The clerk of the circuit court may
   31  contract with the chief judge for the court’s assistance in the
   32  provision of services to process jurors. The chief judge may
   33  also designate to the clerk of the circuit court additional
   34  duties that are consistent with established uniform standards of
   35  jury management practices and that the Supreme Court may adopt
   36  by rule or issue through administrative order.
   37         Section 2. Section 40.02, Florida Statutes, is amended to
   38  read:
   39         40.02 Selection of jury lists.—
   40         (1) The chief judge of each circuit, or a circuit judge in
   41  each county within the circuit who is designated by the chief
   42  judge, shall request the selection of a jury list in each county
   43  within the circuit during the first week of January of each
   44  year, or as soon thereafter as practicable. The chief judge or
   45  the chief judge’s designee shall direct the clerk of the court
   46  to select at random a sufficient number of names, with their
   47  addresses, from the list of persons who are qualified to serve
   48  as jurors under the provisions of s. 40.01 and to generate a
   49  list of at least not fewer than 250 persons to serve as jurors,
   50  which list shall be signed and verified by the clerk of the
   51  court as having been selected as aforesaid. A circuit judge in a
   52  county to which he or she has been assigned may request
   53  additional jury lists as necessary to prevent the jury list from
   54  becoming exhausted. When the annual jury list is prepared
   55  pursuant to the request of a chief judge or the chief judge’s
   56  designee, the lists prepared the previous year shall be
   57  withdrawn from further use. If, notwithstanding this provision,
   58  some names are not withdrawn, such error or irregularity does
   59  shall not invalidate any subsequent proceeding or jury. The fact
   60  that any person so selected was had been on a former jury list
   61  or had served as a juror in any court at any time is shall not
   62  be grounds for challenge of such person as a juror. If any
   63  person so selected is shall be ascertained to be disqualified or
   64  incompetent to serve as a juror, such disqualification does
   65  shall not affect the legality of such list and is not or be
   66  cause to of challenge to the array of any jury chosen from such
   67  list, but any person ascertained to be disqualified to serve as
   68  a juror is shall be subject to challenge for cause, as defined
   69  by law. The lists, although they may be defective or irregular
   70  in form or other formal requirement, or in the number or
   71  qualification of the persons so named, shall be the lists from
   72  which the names of persons for jury service are to be drawn as
   73  prescribed by law.
   74         (2) The clerk of the court is shall be responsible for
   75  preserving the security of the jury lists.
   76         (3) The clerk of the court shall perform the duties set
   77  forth in this section and in ss. 40.221, 40.23, and 40.231 in
   78  counties having an approved, computerized jury selection system,
   79  the provisions of any special law or general law of local
   80  application to the contrary notwithstanding. However, the chief
   81  judge may designate the court administrator to perform these
   82  duties if funding is obtained from any source for this purpose
   83  the county provides funding to the court administrator to
   84  provide the personnel and other costs associated with jury
   85  services.
   86         Section 3. This act shall take effect July 1, 2010.