Florida Jury Duty: Who Serves, Excusals, and Pay

If you’ve been summoned for Florida jury duty, you’re legally required to respond, and ignoring the notice can cost you up to $100 plus a possible contempt-of-court finding. Names are pulled at random from Florida driver’s license and state ID records, so almost any adult resident of the county can be called. The rules covering who qualifies, who can be excused, what jurors are paid, and how your job is protected all sit in Chapter 40 of the Florida Statutes.

Who Has to Serve

Under Florida Statute 40.01, you qualify for jury service if you are at least 18, a U.S. citizen, a legal resident of Florida and of the county that summoned you, and you hold a Florida driver’s license or state ID (or have completed the statutory affidavit as an alternative).1The Florida Legislature. Florida Statutes Chapter 40 – Juries Payment of Jurors and Due Process Costs

Meeting those four requirements is the default. Everything below is either a bar to serving or a way to be excused.

Who Cannot Serve

Two groups are disqualified outright. Anyone currently being prosecuted for a crime cannot serve. Neither can anyone convicted of a felony in Florida, federal court, or another state, unless their civil rights have been restored.2The Florida Legislature. Florida Statutes 40.013 – Persons Disqualified or Excused From Jury Service

A short list of officials is also barred by statute: the Governor, Lieutenant Governor, Cabinet officers, judges, and clerks of court. They cannot serve even if they want to.

How to Be Excused

Florida law recognizes several categories of people who can ask to be excused. None of these are automatic. You have to request the exemption, usually in writing, before your reporting date. Section 40.013 lists them:

  • Anyone 70 or older. You can ask to skip the current summons or request permanent excusal so you’re never summoned again.
  • Expectant mothers, for that particular summons.
  • A parent not working full-time who has custody of a child under six.
  • Full-time students ages 18 to 21 attending a high school, state university, Florida College System institution, private postsecondary school, or career center.
  • A woman who gave birth within the six months before her reporting date, for that summons only.
  • Full-time federal, state, or local law enforcement officers and investigative personnel, unless they choose to serve.
  • Anyone who was summoned and reported as a prospective juror anywhere in the county within the past year. That exemption lasts one year from your last day of service.

Hardship Excusals

If none of those categories fit, you can still request an excusal by showing hardship, extreme inconvenience, or public necessity.2The Florida Legislature. Florida Statutes 40.013 – Persons Disqualified or Excused From Jury Service This is the catch-all courts use for medical conditions that make sitting in a courtroom impractical, sole responsibility for a dependent, or financial situations where missing work would create real harm.

These requests are reviewed case by case, and courts expect documentation. A doctor’s note for a medical issue. Pay stubs or an employer letter for a financial claim. Simply not wanting to serve or having a busy schedule will not qualify. The more specific your paperwork, the better your odds.

Postponement

If the date doesn’t work but you don’t qualify for a full excusal, most Florida courts will grant a one-time postponement. Procedures vary by county. Some use an online portal, others require a phone call or a written request, and many courts want the request at least seven days before your reporting date. Check the instructions on your summons.

Responding to the Summons

Fill out and return the juror questionnaire that came with your summons. That form is how the court verifies your qualifications and evaluates any exemption request. If you want to be excused, submit that request in writing with supporting documents before your reporting date.

Do not ignore the summons. Failing to respond or appear without a sufficient excuse can result in a fine of up to $100, and the court can treat the absence as contempt.3Florida Senate. Florida Statutes 40.23 – Penalties for Contempt of Court Contempt carries whatever additional penalty the judge decides is appropriate. Even if you’re confident you qualify for an exemption, respond formally and let the court sign off. A denied request is still better than silence.

Courts often send a follow-up letter before escalating to fines, but that’s a courtesy, not a right.

What to Expect at the Courthouse

Plan to arrive early. Dress at least business casual. Courthouses screen everyone at the entrance, so leave weapons, pocket knives, and similar items at home. Most courts allow cell phones in the building but bar their use inside the courtroom.

After check-in and a short orientation, groups of prospective jurors are sent to courtrooms that need a jury. The judge and attorneys then question the group to identify anyone who cannot be impartial. Either side can ask the judge to remove a juror for cause, and each side has a limited number of strikes it can use without giving a reason.

The One-Day-or-One-Trial Rule

Florida caps petit jury service at one day unless you’re assigned to or impaneled on a trial that runs longer.4The Florida Legislature. Florida Statutes 40.41 – Petit Jurors Length of Service If you report and aren’t selected for a trial by the end of the day, your obligation is done. If you are selected, you serve until the trial ends. Once your service wraps up, you’re exempt from another summons in that county for at least a year.

What You Get Paid

Compensation is modest and depends on your employment situation. For the first three days, employed jurors whose employers keep paying their normal wages get nothing from the state. Jurors who are unemployed or whose employers don’t pay them during service receive $15 per day for those first three days. From the fourth day onward, every juror gets $30 per day regardless of employment status.

Florida does not reimburse jurors for travel, mileage, parking, or any other out-of-pocket expense.5Florida Senate. Florida Statutes 40.24 – Payment of Jurors Factor that in if the courthouse is a long drive.

Can Your Employer Fire You?

No. Under Florida Statute 40.271, no employer may terminate you because of the nature or length of your jury service, whether you sit on a trial jury or a grand jury.6Florida Senate. Florida Statutes 40.271 – Jury Service Even threatening to fire someone over jury duty can be treated as contempt of the court that issued the summons. An employee fired in violation of the statute can sue for compensatory damages, punitive damages, and reasonable attorney’s fees.

The statute protects your job. It does not require your employer to pay you while you serve. Whether you keep receiving a paycheck during jury duty depends on the company’s own policy.

If Your Summons Is From Federal Court

A summons from a federal district court in Florida is a separate system with its own rules. Federal jurors must be U.S. citizens, at least 18, residents of the judicial district for at least one year, and able to read, write, and speak English. Pending felony charges or unrestored felony convictions disqualify you.7Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service

Federal pay is higher: $50 per day of attendance, rising to $60 per day if the trial runs longer than ten days, plus mileage at the rate set by the Administrative Office of the U.S. Courts and reimbursement for tolls, ferries, and reasonable parking with receipts.8Office of the Law Revision Counsel. 28 USC 1871 – Fees Job protection is also stronger in one respect: under 28 U.S.C. § 1875, an employer who discharges, threatens, intimidates, or coerces a permanent employee because of federal jury service faces a civil penalty of up to $5,000 per employee, and a court can order reinstatement and back pay.9Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment