At What Age Are You Exempt From Jury Duty in Florida?

In Florida, the age at which you are exempt from jury duty is 70. Under Florida Statutes 40.013(8), anyone 70 or older is excused from jury service on request, with no doctor’s note, hardship showing, or other justification required.¹ The exemption is voluntary. If you’re 70 or older and want to serve, you still can.

Two Ways to Be Excused at 70

The statute gives you a choice between a one-time excusal and a permanent one.

A one-time excusal applies only to the summons in your hand. You tell the court you’re 70 or older, you’re released from that particular service, and your name stays on the jury list. The next time your name is drawn, another summons will arrive and you’ll need to ask again.

A permanent excusal removes you from future jury lists entirely. It requires a written request. Once that request is on file, the court stops summoning you.¹

The distinction matters. Many people assume the first excusal takes them off the list for good. It doesn’t. Without a written request for permanent removal, summonses will keep arriving.

How to Request the Exemption

When a summons arrives, read the instructions on the form first. The summons itself often includes a checkbox or dedicated space for jurors 70 and older to indicate they want to be excused. Most Florida counties accept responses by mail, email, fax, or in person at the clerk of court’s office, and some offer online submission.²

For a one-time excusal, notifying the court that you’re 70 or older is enough. For a permanent excusal, send a written request. A brief letter, or a note on the summons form asking for permanent removal from the jury pool, satisfies the statute.

You don’t need to submit proof of age. Florida courts build their jury lists from Department of Highway Safety and Motor Vehicles records, so the court already has your date of birth on file. Keeping your driver’s license, state ID, or passport handy is still sensible in case the clerk follows up.

Act on the summons promptly. Approval is essentially automatic once you’ve asked, but the court has no way of knowing you want to be excused until you say so. Until your request is processed, you’re expected to appear on the reporting date.

Changing Your Mind After a Permanent Excusal

A permanent excusal isn’t a one-way door. The statute allows anyone who was permanently excused to submit a written request to be put back on the jury list, as long as they still meet the basic qualifications for service.¹

One wrinkle worth knowing: each Florida county maintains its own jury list from the statewide DHSMV data. If you move to a different county after being permanently excused, confirm with the new county’s clerk of court that your excusal carried over.

Don’t Just Ignore the Summons

Qualifying for the exemption and using it are two different things. Ignoring a summons is a bad idea even when you clearly qualify. Florida Statutes 40.23(3) allows a court to fine anyone who fails to appear without a sufficient excuse up to $100, and a no-show can also be treated as contempt of court.³ Contempt can bring additional fines or, in unusual cases, a brief jail stay.

In practice, courts usually try to resolve the situation before imposing penalties. A judge may order you to appear and explain why you didn’t respond, and courts often reschedule service rather than fine someone whose non-response was clearly unintentional. “I qualified for an exemption and figured I didn’t need to respond” is not a defense worth testing. Returning the form takes a few minutes.

Federal Jury Summonses Are Different

Everything above applies to Florida state courts. A summons from a U.S. District Court is a separate matter. There is no federal statute setting an upper age limit for jury service. Each of the 94 federal district courts sets its own excusal policies, and while many allow people over 70 or 75 to request a permanent excuse, the threshold varies by court and approval is at the judge’s discretion.⁴

Federal courts also draw juror names from voter registration lists rather than DHSMV records, so a federal summons can arrive even after you’ve been permanently excused from the Florida state pool. Follow the instructions on the federal form and contact the clerk of the U.S. District Court listed on it. The penalties for ignoring a federal summons are steeper than state ones: fines up to $1,000, up to three days in jail, community service, or a combination.

If You’re 70 or Older and Want to Serve

The exemption is a right, not an obligation. Jurors 70 and older who choose to serve are paid on the same schedule as any other juror: $15 per day for the first three days if you aren’t being paid by an employer during service, and $30 per day starting on day four regardless of employment status. Florida does not reimburse jurors for travel or other out-of-pocket expenses.⁵ For retirees on Social Security, jury fees count as unearned income and do not affect benefit amounts.⁶

Working jurors are protected from retaliation. Florida Statutes 40.271 prohibits employers from firing anyone for any reason connected to the nature or length of their jury service, and even threatening dismissal over jury duty can be treated as contempt. An employee fired in violation of the statute can sue for compensatory damages, punitive damages, and reasonable attorney’s fees.⁷ No Florida or federal law requires private employers to pay regular wages during jury service, so whether your paycheck continues depends on your employer’s policy.⁸

1
Florida Senate. Florida Statutes Title V Chapter 40 Section 40.013 – Persons Disqualified or Excused From Jury Service
2
Sumter County Clerk of Courts. Clerks Notification to Jurors
3
Florida Senate. Florida Statutes Title V Chapter 40 Section 40.23 – Summoning Jurors
4
United States Courts. Juror Qualifications, Exemptions and Excuses
5
The Florida Legislature. Florida Statutes 40.24 – Compensation of Jurors
6
Social Security Administration. SSA Handbook 2606 – What Is Unearned Income?
7
The Florida Legislature. Florida Statutes 40.271 – Jury Service
8
U.S. Department of Labor. Jury Duty