Supreme Court of Florida ____________
No. SC2024-0975 ____________
IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE – 2024 LEGISLATION.
August 29, 2024
PER CURIAM.
In response to recent legislation, The Florida Bar’s Civil
Procedure Rules Committee has filed a “fast-track” report proposing
amendments to Florida Rule of Civil Procedure Form 1.983
(Prospective Juror Questionnaire). 1 The amendments reflect
changes to section 40.013, Florida Statutes (2023), made by
chapter 2024-122, Laws of Florida, which went into effect on July
1, 2024. See ch. 2024-122, §§ 1-2, Laws of Fla.
The Executive Committee of The Florida Bar’s Board of
Governors unanimously approved the Committee’s proposal. The
Committee did not publish its proposal before filing it with the
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e). Court. After considering the Committee’s proposal and the relevant
legislation, we amend the Florida Rules of Civil Procedure as
proposed by the Committee.
First, question 14 is added to Form 1.983 to address the
exemption found in new section 40.013(12), Florida Statutes (2024).
See ch. 2024-270, § 1, Laws of Fla. This new question asks
potential jurors whether they want to be excused from jury service if
they are a woman who has given birth within the 6 months before
the reporting date on the jury summons.
Next, questions 15 and 16 are added to determine whether
potential jurors wish to be excused from jury service because they
are a caregiver as described in section 40.013(10), Florida Statutes
(2024), or a full-time student between 18 and 21 years of age as
described in section 40.013(11), Florida Statutes (2024). These
amendments were proposed by the Committee after a full review of
the statute after the most recent changes, though subsections (10)
and (11) were not amended in the most recent legislative update.
Finally, question 11 is amended to add the phrase “mental
illness, intellectual disability, senility, or other physical or mental
incapacity.” This additional language is found in section 40.013(9),
-2- Florida Statutes (2024), and clarifies what constitutes a physical or
mental disability that would interfere with jury service. The statute
also refers to a “written statement” from a doctor to support the
claim, so the phrase “medical certificate” found in question 11 is
replaced with “written statement from a physician.”
Accordingly, the Florida Rules of Civil Procedure are amended
as reflected in the appendix to this opinion. New language is
indicated by underscoring; deletions are indicated by struck-
through type. The amendments shall become effective immediately.
Because the amendments were not published for comment prior to
their adoption, interested persons shall have 75 days from the date
of this opinion in which to file comments with the Court. 2
2. All comments must be filed with the Court on or before November 12, 2024, with a certificate of service verifying that a copy has been served on the Committee Chair, Cosme Caballero, Deutsch Blumberg & Caballero, P.A., 100 Biscayne Boulevard, Suite 2802, Miami, FL 33132, ccaballero@deutschblumberg.com, and on the Bar Staff Liaison to the Committee, Heather Telfer, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, rules@floridabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until December 3, 2024, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a
-3- It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Civil Procedure
Cosme Caballero, Chair, Civil Procedure Rules Committee, Miami, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927.
-4- APPENDIX
FORM 1.983 PROSPECTIVE JUROR QUESTIONNAIRE
DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS: Before you file a copy of this form, redact the month and date of the prospective juror’s birth in question #3, but retain the year of birth. Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2)
QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. Name: (print)
......……………………................................................................................. (first) (middle) (last)
2. Residence address:
…………………….............................................................................. (street and number)
....................................................................................................... (city) (zip)
3. Date of birth:
…………………….......................................................................................
Sex: .................................... Occupation: .......................................
4. Do you understand the English language?
..................................... ........................................... (yes) (no)
5. Do you read and write the English language?
..................................... ........................................... (yes) (no)
6. Have you ever been convicted of a crime and not restored to your civil rights?
-5- ..................................... ........................................... (yes) (no)
If “yes,” state the nature of crime(s), the date of the conviction(s), and the name of the court(s) in which you were convicted:
……………………………………………………………………………………….........
.……………………………………………………………………………….................
7. Are there any criminal charges pending against you of which you are aware?
..................................... ........................................... (yes) (no)
If “yes,” state the nature of the charge(s) and the name of the court(s) in which the case(s) is pending:
………………………………………………………………………………..................
8. FULL-TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny full-time federal, state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.” Do you choose to serve?
..................................... ........................................... (yes) (no)
9. List any official executive office you now hold with the federal, state, or ………. county government:
10. Is your hearing good? ...................... ........................ (yes) (no)
Is your eyesight good? ................... .......................... (yes) (no)
(The court may require a medical certificate.)
-6- 11.
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Supreme Court of Florida ____________
No. SC2024-0975 ____________
IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE – 2024 LEGISLATION.
August 29, 2024
PER CURIAM.
In response to recent legislation, The Florida Bar’s Civil
Procedure Rules Committee has filed a “fast-track” report proposing
amendments to Florida Rule of Civil Procedure Form 1.983
(Prospective Juror Questionnaire). 1 The amendments reflect
changes to section 40.013, Florida Statutes (2023), made by
chapter 2024-122, Laws of Florida, which went into effect on July
1, 2024. See ch. 2024-122, §§ 1-2, Laws of Fla.
The Executive Committee of The Florida Bar’s Board of
Governors unanimously approved the Committee’s proposal. The
Committee did not publish its proposal before filing it with the
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(e). Court. After considering the Committee’s proposal and the relevant
legislation, we amend the Florida Rules of Civil Procedure as
proposed by the Committee.
First, question 14 is added to Form 1.983 to address the
exemption found in new section 40.013(12), Florida Statutes (2024).
See ch. 2024-270, § 1, Laws of Fla. This new question asks
potential jurors whether they want to be excused from jury service if
they are a woman who has given birth within the 6 months before
the reporting date on the jury summons.
Next, questions 15 and 16 are added to determine whether
potential jurors wish to be excused from jury service because they
are a caregiver as described in section 40.013(10), Florida Statutes
(2024), or a full-time student between 18 and 21 years of age as
described in section 40.013(11), Florida Statutes (2024). These
amendments were proposed by the Committee after a full review of
the statute after the most recent changes, though subsections (10)
and (11) were not amended in the most recent legislative update.
Finally, question 11 is amended to add the phrase “mental
illness, intellectual disability, senility, or other physical or mental
incapacity.” This additional language is found in section 40.013(9),
-2- Florida Statutes (2024), and clarifies what constitutes a physical or
mental disability that would interfere with jury service. The statute
also refers to a “written statement” from a doctor to support the
claim, so the phrase “medical certificate” found in question 11 is
replaced with “written statement from a physician.”
Accordingly, the Florida Rules of Civil Procedure are amended
as reflected in the appendix to this opinion. New language is
indicated by underscoring; deletions are indicated by struck-
through type. The amendments shall become effective immediately.
Because the amendments were not published for comment prior to
their adoption, interested persons shall have 75 days from the date
of this opinion in which to file comments with the Court. 2
2. All comments must be filed with the Court on or before November 12, 2024, with a certificate of service verifying that a copy has been served on the Committee Chair, Cosme Caballero, Deutsch Blumberg & Caballero, P.A., 100 Biscayne Boulevard, Suite 2802, Miami, FL 33132, ccaballero@deutschblumberg.com, and on the Bar Staff Liaison to the Committee, Heather Telfer, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, rules@floridabar.org, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until December 3, 2024, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a
-3- It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Civil Procedure
Cosme Caballero, Chair, Civil Procedure Rules Committee, Miami, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927.
-4- APPENDIX
FORM 1.983 PROSPECTIVE JUROR QUESTIONNAIRE
DIRECTIONS TO ATTORNEYS AND PRO SE LITIGANTS: Before you file a copy of this form, redact the month and date of the prospective juror’s birth in question #3, but retain the year of birth. Fla. R. Gen. Prac. & Jud. Admin. 2.425(a)(2)
QUESTIONNAIRE FOR PROSPECTIVE JURORS 1. Name: (print)
......……………………................................................................................. (first) (middle) (last)
2. Residence address:
…………………….............................................................................. (street and number)
....................................................................................................... (city) (zip)
3. Date of birth:
…………………….......................................................................................
Sex: .................................... Occupation: .......................................
4. Do you understand the English language?
..................................... ........................................... (yes) (no)
5. Do you read and write the English language?
..................................... ........................................... (yes) (no)
6. Have you ever been convicted of a crime and not restored to your civil rights?
-5- ..................................... ........................................... (yes) (no)
If “yes,” state the nature of crime(s), the date of the conviction(s), and the name of the court(s) in which you were convicted:
……………………………………………………………………………………….........
.……………………………………………………………………………….................
7. Are there any criminal charges pending against you of which you are aware?
..................................... ........................................... (yes) (no)
If “yes,” state the nature of the charge(s) and the name of the court(s) in which the case(s) is pending:
………………………………………………………………………………..................
8. FULL-TIME LAW ENFORCEMENT OFFICERS AND LAW ENFORCEMENT INVESTIGATIVE PERSONNEL ONLY. Section 40.013(2)(b), Florida Statutes, provides that “[a]ny full-time federal, state, or local law enforcement officer or such entities’ investigative personnel shall be excused from jury service unless such persons choose to serve.” Do you choose to serve?
..................................... ........................................... (yes) (no)
9. List any official executive office you now hold with the federal, state, or ………. county government:
10. Is your hearing good? ...................... ........................ (yes) (no)
Is your eyesight good? ................... .......................... (yes) (no)
(The court may require a medical certificate.)
-6- 11. Do you have any physical or mental disability (mental illness, intellectual disability, senility, or other physical or mental incapacity) that would interfere with your service as a juror?
..................................... ........................................... (yes) (no)
If “yes,” state the nature:
……………………………………………………...................................……........
(The court may require a medical certificatewritten statement from a physician.)
12. Do you know of any reason(s) why you cannot serve as a juror?
..................................... ........................................... (yes) (no)
If “yes,” state the reason(s):
13. EXPECTANT MOTHERS AND PARENTS ONLY: Section 40.013(4), Florida Statutes, provides that “[a]ny expectant mother and 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.” Do you want to be excused under this provision?
..................................... ................................................. (yes) (no)
If “yes,” what are the ages of your children?
................................................................................................................
14. NEW MOTHERS ONLY: Section 40.013(12), Florida Statutes, provides that “[a] woman who has given birth within the 6 months before the reporting date on a summons for jury service shall be excused upon request.” Do you want to be excused under this provision?
..................................... ................................................. (yes) (no)
15. CAREGIVER: Section 40.013(10), Florida Statutes, provides that “[a]ny person who is responsible for the care of a person who, because of
-7- mental illness, intellectual disability, senility, or other physical or mental incapacity, is incapable of caring for himself or herself shall be excused from jury service upon request.” Do you want to be excused under this provision?
..................................... ................................................. (yes) (no)
If “yes,” state the reason(s): ................................................................................................................
16. FULL-TIME STUDENTS: Section 40.013(11), Florida Statutes, provides that “[u]pon request, a full-time student between 18 and 21 years of age, inclusive, who is attending high school or any state university, private postsecondary educational institution, Florida College System institution, or career center shall be excused from that specific summons for jury service.” Do you want to request to be excused under this provision?
..................................... ................................................. (yes) (no)
If “yes,” what is the name of your school?
................................................................................................................
Signature This is not a summons for jury duty. If your name is later drawn for jury service, you will be summoned by clerk of court by mail.
NOTE: This form does not use a caption as shown in form 1.901. It may be headed with the designation of the authority charged by law with the selection of prospective jurors.
-8-