IN RE TRANSITION RULE 15

Fla. | 1973-07-31
No. 42980
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
281 So. 2d 198 Florida Supreme Court (1973) Negative Treatment
Cited by 205 cases

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Synopsis

The Florida Supreme Court issued a transition rule establishing procedures for compiling state grand jury lists pursuant to Chapter 906.07, F.S.A. The rule mandates that Chief Judges of each judicial circuit compile and submit grand jury lists to the State Courts Administrator by specified deadlines.


Holding

The court adopted Transition Rule 15 requiring Chief Judges to compile lists of prospective grand jurors drawn randomly from persons qualified for jury duty, with the number of prospective jurors based on three per 3,000 residents (or fraction thereof) in each county, and requiring submission of these lists to the Office of the State Courts Administrator by August 15, 1973, and thereafter by February 15 annually.


Headnotes

[1] The Chief Judge of each judicial circuit must compile a list of persons drawn and certified for jury duty in each county within the circuit.

[2] Jury lists for the state grand jury system shall be compiled from the male and female population over eighteen years of age, possessing constitutional and statutory quali…

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Key Quotes

“In order to effect the provision of Chapter 906.07, Section (1) of the Florida Statutes, F.S.A., an act providing for a state grand jury system is necessary to promulgate certain temporary rules with respect to the duties of the Chief Judge of each judicial circuit”

Establishes the court's authority and purpose for issuing the transition rule

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Facts & Procedural History

The state grand jury system was being implemented under Chapter 906.07 of the Florida Statutes. The court needed to establish temporary procedural rul…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In order to effect the provision of Chapter 906.07, Section (1) of the Florida Statutes, F.S.A., an act providing for a state grand jury system is necessary to promulgate certain temporary rules with respect to the duties of the Chief Judge of each judicial circuit as applied to submission of jury lists on or before the fifteenth day of August, 1973 to the Office of the State Courts Administrator.

It is so ordered-.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.

TRANSITION RULE IS. COMPILATION OF STATE GRAND JURY LISTS.

The Chief Judge of each judicial circuit shall cause to be compiled a list of those persons whose names have been drawn and certified for jury duty in each of the several counties within his circuit. Such lists shall be taken from the male and female population over the age of eighteen years and having the other constitutional and statutory qualifications for jury duty in this state as of the fifteenth day of July, 1973, and not later than the last day of the first week of December of each year thereafter. From the lists so compiled, the Chief Judge shall select by lot and at random, a list of prospective grand jurors from each county whose number shall be determined on the basis of three such jurors for each 3,000 residents or a fraction thereof in each county. The lists from which such names are drawn may be but are not required to be the same lists from which petit and grand juries are drawn in each county and circuit. After compilation, the statewide grand jury lists shall be submitted to the Office of the State Courts Administrator not later than the fifteenth day of August, 1973 or the fifteenth day of February of each year thereafter.

The population of each county shall be in accordance with the United States Decennial Census of 1970 as set forth on pages 1303 and 1304 of Volume III of the Florida Statutes.


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Citator

Cited By (99 total)

  • Vining v. AVIS Rent-A-Car Sys., Inc., 354 So. 2d 54 (Fla. 1977)
    …injuries he sustained were the type the statute was designed to prevent. If plaintiff can establish that the violation of the statute was the proximate cause of his injury, he is entitled to recover. See deJesus v. Seaboard Coast Line Railroad Co., 281 So. 2d 198 (Fla.1973). The court below held that an intervening criminal act automatically breaks the chain of causation as a matter of law. In addition to being in conflict with our later decision in Nicholas v. Miami Burglar Alarm Co., Inc., supra, such a ho…
  • Polly Suzanne Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985)
    …med that the statutory damages provision was not intended to be limited to contract damages. .Appellant argues that the violation of section 83.51(2)(a)2 and 3 constitutes negligence per se under the test in De Jesus v. Seaboard Coastline R.R. Co., 281 So. 2d 198 (Fla. 1973). We do not [*1217] consider this section to be a "strict liability statute" in the sense that it protects a particular class of persons from their inability to protect themselves, e.g., Tamiami Gun Shop v. Klein, 116 So. 2d 421 (Fla.1959…
  • …lts, we reject the rule that failure to wear a seat belt is negligence per se as have the majority of jurisdictions. See, e.g., Spier v. Barker. Cf. Sloan v. Coit International, Inc., 292 So. 2d 15 (Fla.1974); deJesus v. Seaboard Coastline Railroad, 281 So. 2d 198 (Fla.1973). We also reject the second approach because contributory negligence is applicable only if plaintiffs failure to exercise due care causes in whole or in part the accident rather than enhancing the severity of the inju [*454] ries.3 Rather,…

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