Nicholas A. Norden, Managing Partner | June 1, 2026 | Florida Law
| QUICK ANSWER: If you skip jury duty in Florida after being properly summoned, the court can fine you up to $100 and treat the failure to appear as contempt of court under Florida Statutes Section 40.23. A first missed date is often resolved by contacting the clerk and rescheduling. Ignoring repeated summonses or a follow-up order is what leads to contempt proceedings, which can carry community service or, in rare cases, jail. |
Jury duty is part of how the courts work. If you receive a jury summons, you are expected to respond and show up at the time and place listed unless you have a valid exemption or your service has been postponed. Skipping it without a good reason can bring real consequences, including a fine, a contempt finding, and the added stress of sorting it out after the fact.
Why jury duty matters
The right to a trial by jury is written into both the United States and Florida constitutions. Juries weigh evidence, listen to witnesses, and consider each side’s arguments before reaching a decision. That role keeps criminal and civil cases, including personal injury claims, in the hands of the community rather than any single official. When people ignore a summons, the pool of available jurors shrinks and the system that depends on it gets harder to run.
What are the legal consequences of missing jury duty in Florida?
The penalty for failing to appear is set by statute. Under Florida Statutes Section 40.23(3), a person who is duly summoned and fails to attend without a sufficient excuse:
- Shall pay a fine of up to $100, imposed by the court that issued the summons, and
- May have the failure treated as contempt of court.
In practice, courts often give people a first chance to explain and reschedule. Repeated absences, or ignoring a follow-up notice, are what push a case toward a contempt hearing and steeper penalties.
Can you go to jail for missing jury duty in Florida?
Jail is rare, and it is not the automatic result of one missed date. It can only come through contempt of court proceedings, which judges generally reserve for people who ignore repeated summonses or a direct order to appear. For a first-time no-show who reaches out to the court, the issue is usually settled with a reschedule or a small fine, not jail.
Can you postpone or reschedule jury duty in Florida?
Yes. Florida Statutes Section 40.23(2) lets you postpone jury service for up to 6 months with a written or oral request. If the Governor has declared a state of emergency, or the State Health Officer has declared a public health emergency, that postponement can run up to 12 months. You can ask for a specific date or period, and the court will consider it when setting your new service date.
Are there exemptions from jury duty in Florida?
Florida Statutes Section 40.013 lists who may be disqualified or excused from jury service. You may qualify to be excused if you are:
- A person 70 years of age or older (on request, and you can ask to be permanently excused)
- A full-time federal, state, or local law enforcement officer or investigative staff, unless you choose to serve
- An expectant mother, or a parent who is not employed full time and has custody of a child under 6
- A woman who has given birth within the 6 months before the reporting date on the summons
- A full-time student between 18 and 21 years of age
- A person permanently unable to care for themselves because of mental illness, intellectual disability, senility, or other incapacity, or a person responsible for caring for someone in that situation
- A person who can show hardship, extreme inconvenience, or public necessity
Excusal is not automatic. You usually have to notify the court in writing or through an online portal and ask. Each Florida county runs the process a little differently, so read your summons and follow the instructions it lists.
How are jurors selected in Florida?
Florida builds its jury pools by randomly selecting names from driver license and state identification records and from voter registration lists. Being selected and summoned does not mean you will end up on a jury. It means you must report unless you are excused or your service is postponed.
What should I do if I missed jury duty in Florida?
Do not panic, but act quickly. The usual steps are:
- Contact the court right away. Call or email the jury administration office of the county that issued your summons. You may be able to reschedule for a later date.
- Explain what happened. Be honest about why you missed the date. Courts tend to be more lenient with people who take responsibility and reach out soon after.
- Follow through. If the court gives you a new date, make sure you appear. Missing a second date can lead to a contempt hearing.
Ignoring a missed summons does not make it go away. Prompt contact with the court is the simplest way to avoid a fine or other penalties.
Take a jury summons seriously
Skipping jury duty in Florida is not something to brush off. You probably will not be arrested over a first missed date, but the courts treat noncompliance seriously, and the penalties under Section 40.23 are real. If you have questions about requesting an exemption or fixing a missed date, contact the clerk of the court that summoned you and follow their guidance.
Frequently asked questions
What happens if you skip jury duty in Florida?
If you are summoned and fail to appear without a sufficient excuse, the court can impose a fine of up to $100 and may treat the absence as contempt of court under Florida Statutes Section 40.23(3). Many counties let a first-time no-show reschedule by contacting the clerk’s jury office promptly.
What is the penalty for missing jury duty in Florida?
Under Section 40.23(3), a juror who fails to attend without sufficient excuse shall pay a fine not to exceed $100, imposed by the court that issued the summons. The same statute provides that the failure may also be treated as contempt of court.
Can you go to jail for missing jury duty in Florida?
Jail is rare and is not an automatic penalty for one missed date. It can only result from contempt of court proceedings, which courts generally reserve for people who ignore repeated summonses or a direct order to appear. Contacting the clerk quickly usually prevents escalation.
What should I do if I missed jury duty in Florida?
Contact the jury administration office of the county that issued your summons as soon as possible, explain why you missed the date, and ask to reschedule. Courts tend to be more lenient with people who respond promptly. If you are given a new date, make sure you appear.
Can you reschedule or postpone jury duty in Florida?
Yes. Florida Statutes Section 40.23(2) allows jury service to be postponed for up to 6 months on a written or oral request. During a declared public health emergency or state of emergency, the postponement may extend up to 12 months.
Who is exempt from jury duty in Florida?
Florida Statutes Section 40.013 lists who may be disqualified or excused. Categories include people 70 or older on request, full-time law enforcement officers, an expectant mother or a parent not employed full time with custody of a child under 6, full-time students aged 18 to 21, a person who gave birth within the past 6 months, a primary caregiver for someone unable to care for themselves, and a person showing hardship or extreme inconvenience. Excusal is not automatic and must be requested through the court.
How are jurors selected in Florida?
Florida assembles jury pools by randomly drawing names from driver license and state identification records and voter registration lists. Being selected and summoned does not guarantee you will sit on a jury, but you must report unless you are excused or your service is postponed.
Is there a fine for not showing up for jury duty in Florida?
Yes. The maximum fine is $100 under Section 40.23(3), set by the court that issued the summons. Whether a fine is imposed often depends on the circumstances and on how quickly you contact the court after the missed date.
What counts as a sufficient excuse for missing jury duty in Florida?
A sufficient excuse generally means a statutory exemption under Section 40.013 or a documented hardship raised with the court before or promptly after your service date. The presiding judge decides what qualifies, so contact the clerk’s office and follow the instructions printed on your summons.
About the author
| Reviewed by Nicholas A. Norden, Esq. This article was written and reviewed by Nicholas A. Norden, Managing Partner at Norden Leacox Accident & Injury Law. Nick earned his law degree from the University of Florida in 2006 and is licensed by The Florida Bar, along with the bars of Arizona, Colorado, New Mexico, and Washington, D.C. He has represented injury clients since 2011, after beginning his career defending insurance companies and corporations. He is a member of The National Trial Lawyers Top 100 Civil Plaintiff Attorneys and has tried cases in multiple jurisdictions.The guidance above reflects Florida Statutes Section 40.013, which governs who is disqualified or excused from jury service, and Section 40.23, which sets the penalties for failing to appear and the rules for postponing service. This post is general information about Florida law, not legal advice for any specific situation. |
Contact an Orlando personal injury lawyer at Norden Leacox Accident & Injury Law
For more information, contact Norden Leacox Accident & Injury Law to schedule a free consultation. We have offices across Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville.
Norden Leacox Accident & Injury Law, Orlando, FL Office
633 E Colonial Dr, Orlando, FL 32803
Phone: (407) 801-3000
Hours: Open 24/7
