Judiciary of Florida
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The Florida State Courts System is the unified state court system of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
.


Courts

The Florida State Courts System consists of: * The Florida State Supreme Court; * Five District Courts of Appeal, which are the state's intermediate appellate courts; * 20 circuit courts, which handle civil cases involving more than $30,000 and criminal felony cases; and *67 county courts (one for each of Florida's 67 counties), which handle civil cases involving $30,000 or less and criminal misdemeanor cases.


Supreme Court

The
Supreme Court of Florida The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
is the
highest court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
in the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
to 6-year terms and remain in office if retained in a general election near the end of each term. The Court is the final arbiter of Florida law, and its decisions are binding authority for all other Florida state courts. Established upon statehood in 1845, the court is headquartered across the street from the
state capitol This is a list of state and territorial capitols in the United States, the building or complex of buildings from which the government of each U.S. state, the District of Columbia and the organized territories of the United States, exercise its ...
in
Tallahassee Tallahassee ( ) is the capital city of the U.S. state of Florida. It is the county seat and only incorporated municipality in Leon County. Tallahassee became the capital of Florida, then the Florida Territory, in 1824. In 2020, the population ...
. Throughout the court's history, it has undergone many reorganizations as Florida's population has steadily grown. The Florida Supreme Court has heard many cases of note, including the 2000 presidential election
Florida recount The 2000 United States presidential election recount in Florida was a period of vote recounting in Florida that occurred during the weeks after Election Day in the 2000 United States presidential election between George W. Bush and Al Go ...
case '' Bush v. Gore'' and the ''
Terri Schiavo case The Terri Schiavo case was a series of court and legislative actions in the United States from 1998 to 2005, regarding the care of Theresa Marie Schiavo (née Schindler) (; December 3, 1963 – March 31, 2005), a woman in an irreversible ...
''.


District courts of appeal

The five district courts of appeal are the intermediate appellate courts. They consist of the: * First District Court of Appeal (headquartered in Tallahassee); * Second District Court of Appeal (headquartered in Lakeland and with a branch in
Tampa Tampa () is a city on the Gulf Coast of the U.S. state of Florida. The city's borders include the north shore of Tampa Bay and the east shore of Old Tampa Bay. Tampa is the largest city in the Tampa Bay area and the seat of Hillsborough C ...
); * Third District Court of Appeal (headquartered in
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a coastal metropolis and the county seat of Miami-Dade County in South Florida, United States. With a population of 442,241 at ...
); * Fourth District Court of Appeal (headquartered in
West Palm Beach West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some R ...
); and * Fifth District Court of Appeal (headquartered in
Daytona Beach Daytona Beach, or simply Daytona, is a coastal resort-city in east-central Florida. Located on the eastern edge of Volusia County near the Atlantic coastline, its population was 72,647 at the 2020 census. Daytona Beach is approximately nort ...
).


Circuit courts

The twenty circuit courts are state courts, and are
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
s of
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...
for most controversies. The circuit courts primarily handle
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that res ...
criminal cases,
civil cases Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law rel ...
where the
amount in controversy Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a lawsuit in a particular cour ...
is greater than $30,000, as well as
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
s from county courts. Circuit courts also have jurisdiction over
domestic relations In the common law tradition, the law of domestic relations is a broad category that encompasses: * divorce; * property settlements; * alimony, spousal support, or other maintenance; * the establishment of paternity; * the establishment or termin ...
, juvenile dependency,
juvenile delinquency Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. In the United States of America, a juvenile delinquent is a perso ...
, and
probate Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the st ...
matters. Florida has several judicial circuits. Miami-Dade, Broward, Monroe, Palm Beach and Hillsborough are the only counties that are coterminous with their respective judicial circuits. In the rest of the state, a single judicial circuit encompasses multiple counties within its jurisdiction.


County courts

The
county court A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the hig ...
s have
original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Su ...
over
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...
criminal cases, including violations of county and municipal ordinances, and in
civil cases Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law rel ...
whose value in controversy does not exceed $30,000.


Administration

The Chief Justice of the Florida Supreme Court serves as the
chief administrative officer A chief administrative officer (CAO) is a top-tier executive who supervises the daily operations of an organization and is ultimately responsible for its performance. Government and non-profit A CAO is responsible for administrative management of ...
of the entire branch. The Office of the State Courts Administrator, largely housed in the Supreme Court Building in Tallahassee, assists the Chief Justice in administering the courts. Chief judges of the District Courts of Appeals and of the circuit courts retain substantial authority over the day-to-day operation of their courts. The chief judges of the 20 circuit courts also supervise the judges of the county courts within their jurisdictions. The Florida Bar is the integrated bar association whose duties include the regulation and discipline of attorneys. The Florida Board of Bar Examiners, a separate entity, administers the
moral character Moral character or character (derived from charaktêr) is an analysis of an individual's steady moral qualities. The concept of ''character'' can express a variety of attributes, including the presence or lack of virtues such as empathy, cour ...
screening and background investigation of Bar applicants along with the
Multistate Professional Responsibility Examination The Multistate Professional Responsibility Examination (MPRE) is a 120-minute, 60-question, multiple-choice examination designed to measure the knowledge and understanding of established standards related to a lawyer's professional conduct. It i ...
and
bar exam A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction. Australia Administering bar exams is the responsibility of the bar associat ...
. Th
Florida Courts eFiling Portal
provides electronic court filing (e-filing) and recording capabilities statewide. Supreme Court opinions are published in the ''Florida Cases''
reporter A journalist is an individual that collects/gathers information in form of text, audio, or pictures, processes them into a news-worthy form, and disseminates it to the public. The act or process mainly done by the journalist is called journalism ...
(a Florida-specific version of the '' Southern Reporter''). The ''Southern Reporter'' contains opinions of the court since 1887, and the ''Florida Reports'' published opinions of the court from 1846–1948. The Florida State Courts operate under a statewide communications plan administered through the Public Information Office of the Florida Supreme Court and implemented by the statewide professional association of Florida Court Public Information Officers, Inc.


Law

The right to a single appeal to one of the district courts of appeal is guaranteed in most circumstances. Further appeals to the Florida Supreme Court are available as matter of right only in limited circumstances (in capital punishment cases, appeal is automatic to the Supreme Court, bypassing the district court of appeal). If an appeal to the Supreme Court is not available as a matter of right, a party can still petition for discretionary review, though only a fraction of these petitions are granted. Supreme Court decisions and
case law Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...
are binding upon all Florida courts. The decisions and case law precedent of each district court of appeal are binding upon all circuit and county courts within that district's jurisdiction. Case law and decisions from another district court of appeal are persuasive and often cited within the courts of other appellate districts, but are not binding precedent in those other districts unless no other Florida appellate court has addressed the issue in question. In the event of conflict between the precedent of different district courts of appeal, county and circuit courts must adhere to the case law of their own district, but may certify conflict with another district court of appeal decision for purposes of asking the Supreme Court to resolve the conflict (the courts may also certify a "question of great importance" to the Supreme Court for purposes of obtaining that Court's decision on the matter). District courts of appeal may recede from certain case law and precedent in subsequent decisions, or the Supreme Court may overrule a district court's precedent in favor of conflicting case law from another district. Florida's parole system was abolished for crimes committed after October 1, 1983. Judges are granted limited discretion in establishing sentencing. However, prisoners convicted crimes prior to that date are still eligible for parole.


Officers


Public defenders

, Florida was the only US jurisdiction that denies legal representation for those unable to pay (public defenders) based upon one's inability to pay.


History

The judiciary of Florida was unified by a 1973 constitutional amendment.


See also

*
Government of Florida The government of Florida is established and operated according to the Constitution of Florida and is composed of three branches of government: the executive branch consisting of the governor of Florida and the other elected and appointed con ...
*
Law enforcement in Florida This is a list of Law Enforcement Agencies in the state of Florida. According to the US Bureau of Justice Statistics' 2018 ''Census of State and Local Law Enforcement Agencies,'' the state had 373 law enforcement agencies employing 47,177 sw ...


References

*


External links


Florida State Courts
{{Judiciaries of the United States
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...