The highest Court in Florida is
the Supreme Court, which is composed of seven Justices. At
least five Justices must participate in every case and at
least four must agree for a decision to be reached. The
Court's official headquarters is the Supreme Court
Building in Tallahassee.
By a majority vote of the Justices, one of the Justices
is elected to serve as Chief Justice, an office that is
rotated every two years. The Chief Justice presides at all
proceedings of the Court. If the Chief Justice is absent
from Court, the most senior Justice present becomes acting
Chief Justice. By longstanding tradition, the most senior
Justice who has not yet served as Chief Justice is elected
to the top post in every even-numbered year.
As chief administrative officer of the judicial branch
of government, the Chief Justice assigns Justices and
judges, including retired Justices and judges who consent
and are approved by the Court to serve, to duty in courts
that require temporary assistance. The Chief Justice also
supervises the compilation and presentation of the
judicial budget to the Legislature.
Jurisdiction
The jurisdiction of the Supreme Court is set out in the
Constitution with some degree of flexibility by which the
Legislature may add or take away certain categories of
cases. The Court must review final orders imposing death
sentences, district court decisions declaring a State
statute or provision of the State Constitution invalid,
bond validations, and certain orders of the Public Service
Commission on utility rates and services.
In addition to these forms of mandatory review
authority, if discretionary review is sought by a party,
the Court at its discretion may review any decision of a
district court of appeal that expressly declares valid a
state statute, construes a provision of the state or
federal constitution, affects a class of constitutional or
state officers, or directly conflicts with a decision of
another district court or of the Supreme Court on the same
question of law.
The Supreme Court may review certain categories of
judgments, decisions, and questions of law certified to it
by the district courts of appeal and federal appellate
courts.
The Supreme Court has the constitutional authority to
issue the extraordinary writs of prohibition, mandamus,
quo warranto, and habeas corpus and to issue all other
writs necessary to the complete exercise of its
jurisdiction, such as an order to stay lower court
proceedings. These writs, which bear names as ancient as
their common-law origins, have been considered
indispensable to our legal system, and the Constitution
specifically authorizes their issuance in a proper case
without the necessity of having to proceed initially to
trial.
They are by nature "extraordinary," and for that reason
are not available as an alternative to the usual trial and
appeal. Both by their historical development and by
current judicial decisions, the writs are made available
only in a narrow class of exceptional cases.
Probably the best-known writ is habeas corpus, which
may be invoked by any person who seeks release from
custody or confinement which is asserted to be unlawful.
Upon application to any Justice or judge, the persons may
test the legality of their detention, not as to guilt or
innocence, but solely as to whether the commitment to
custody was lawful and the retention in custody is in
accordance with the requirements of due process.
Two closely related writs are the writ of prohibition,
by which a court may prevent a lower tribunal from acting
upon matters that are not within its jurisdiction or from
exceeding its lawful powers, and the writ of mandamus, by
which a court may compel an official to perform a duty the
law requires but that the official has failed or refused
to perform.
The writ of quo warranto, although rarely sought, is
available to challenge the right of public officials to
hold the offices to which they claim entitlement.
The Supreme Court also renders advisory opinions to the
Governor, upon request, on questions relating to the
Governor's constitutional duties and powers. As the
state's highest tribunal, the Supreme Court possesses
distinctive powers that are essential to the exercise of
the state's judicial power but that are not, strictly
speaking, decision-making powers in contested cases.
The Court promulgates rules governing the practice and
procedure in all Florida courts, subject to the power of
the Legislature to repeal any rule by a two-thirds vote of
its membership, and the Court has the authority to repeal
(if five Justices concur) any rule adopted by the Judicial
Qualifications Commission.
The Court has exclusive authority to regulate the
admission and discipline of lawyers in Florida. To assist
in the performance of those regulatory powers, the Court
has adopted a code of professional conduct, established
the Florida Board of Bar Examiners to administer the
admissions process, and created The Florida Bar to
superintend bar governance.
The Court has been assigned the responsibility to
discipline and remove judicial officers. The Court has
adopted a Code of Judicial Conduct, and upon the
recommendation of the Judicial Qualifications Commission,
it may discipline or remove any Justice or judge who is
found to have violated code standards.
The Clerk
Article V, section 3(c) of the Florida Constitution
authorizes the Supreme Court to appoint a clerk who holds
office at the pleasure of the Court. All papers, records,
files, and the seal of the Supreme Court are kept in the
custody of the clerk. The clerk receives all documents
filed in cases, circulates that material to the Justices,
and releases orders and opinions of the Court to the
public.
The clerk appoints a chief deputy clerk to discharge
the duties of the office in the clerk's absence.
The Marshal
Under Article V, section 3(c) of the Florida
Constitution, the Supreme Court appoints a marshal to
serve at the pleasure of the Court. The marshal has the
power to execute the process of the Court throughout the
state and to deputize the sheriff or a deputy sheriff of
any county to assist in those duties. The marshal also
orders and distributes supplies used by the Justices and
their staff, serves as custodian of the Supreme Court
Building and grounds, and supervises security for the
Court.
The Legal Profession
The Florida Bar
The Florida Bar, with executive offices in Tallahassee, is
a state-wide professional organization of lawyers. Since
1949, Florida has an "integrated bar," which means all
lawyers admitted to the practice of law in Florida must be
members of this official professional association.
The Office of the State Courts
Administrator
On July 1, 1972, the Office of the State Courts
Administrator (OSCA) was created with initial emphasis on
the development of a uniform case reporting system to
provide information on activity in the judiciary in the
preparation of its operating budget and in projecting the
need for judges and specialized court divisions.
The State Courts Administrator serves as the liaison
between the judicial branch and the legislative branch,
the executive branch, the auxiliary agencies of the Court,
and national court research and planning agencies. The
OSCA's legislative and communication functions are handled
directly by the State Courts Administrator and his or her
executive staff.
The District Courts of Appeal
Organization
The bulk of trial court decisions that are appealed are
never heard by the Supreme Court. Rather, they are
reviewed by three-judge panels of the district courts of
appeal. Florida did not have district courts of appeal
until 1957.
Until that time, all appeals were heard solely by the
Supreme Court. As Florida grew rapidly in the twentieth
century, however, the Supreme Court's docket became badly
congested. Justice Elwyn Thomas with help from other
members of the Court perceived the problem and
successfully lobbied for the creation of the
district-court system to provide intermediate appellate
courts.
The Constitution now provides that the Legislature
shall divide the State into appellate court districts and
that there shall be a district court of appeal (DCA)
serving each district. There are five
such districts that are headquartered in Tallahassee,
Lakeland, Miami, West Palm Beach, and Daytona Beach.
DCA judges must meet the same
eligibility requirements for appointment to office, and
they are subject to the same procedures and conditions for
discipline and removal from office, as Justices of the
Supreme Court. Like Supreme Court Justices, district court
judges also serve terms of six years and will be eligible
for successive terms under a merit retention vote of the
electors in their districts.
In each district court, a chief judge, who is selected
by the district court judges within the district, is
responsible for the administrative duties of the court.
Jurisdiction
The district courts of appeal can hear appeals from final
judgments and can review certain non-final orders. By
general law, the district courts have been granted the
power to review final actions taken by state agencies in
carrying out the duties of the executive branch of
government.
Finally, the district courts have been granted
constitutional authority to issue the extraordinary writs
of certiorari, prohibition, mandamus, quo warranto, and
habeas corpus, as well as all other writs necessary to the
complete exercise of their jurisdiction.
As a general rule, decisions of the district courts of
appeal represent the final appellate review of litigated
cases. A person who is displeased with a district court's
express decision may ask for review in the Florida Supreme
Court and then in the United States Supreme Court, but
neither tribunal is required to accept the case for
further review. Most are denied.
The Circuit Courts
Overview
Until 1973, Florida had more different kinds of trial
courts than any state except New York. A movement
developed in the late 1960s to reform this confusing
system. As a result, Florida now has a simple two-tiered
trial court system. A temporary exception was the
municipal court, which was not abolished until January 1,
1977. Most of these courts in major population areas were
abolished on January 1, 1973.
The majority of jury trials in Florida take place
before one judge sitting as judge of the circuit court.
The circuit courts are sometimes referred to as courts of
general jurisdiction, in recognition of the fact that most
criminal and civil cases originate at this level.
Organization
The Constitution provides that a circuit court shall be
established to serve each judicial circuit established by
the Legislature, of which there are twenty. Within each
circuit, there may be any number of judges, depending upon
the population and caseload of the particular area.
To be eligible for the office of circuit judge, a
person must be an elector of a county within the circuit
and must have been admitted to the practice of law in the
state for the preceding five years.
Circuit court judges are elected
by the voters of the circuits in nonpartisan, contested
elections against other persons who choose to qualify as
candidates for the position. Circuit court judges serve
for six-year terms, and they are subject to the same
disciplinary standards and procedures as Supreme Court
Justices and district court judges.
A chief judge is chosen from among the circuit judges
and county judges in each judicial circuit to carry out
administrative responsibilities for all trial courts (both
circuit and county courts) within the circuit.
Jurisdiction
Circuit courts have general trial jurisdiction over
matters not assigned by statute to the county courts and
also hear appeals from county court cases. Thus, circuit
courts are simultaneously the highest trial courts and the
lowest appellate courts in Florida's judicial system.
The trial jurisdiction of circuit courts includes,
among other matters, original jurisdiction over civil
disputes involving more than $15,000; controversies
involving the estates of decedents, minors, and persons
adjudicated as incapacitated; cases relating to juveniles;
criminal prosecutions for all felonies; tax disputes;
actions to determine the title and boundaries of real
property; suits for declaratory judgments that is, to
determine the legal rights or responsibilities of parties
under the terms of written instruments, laws, or
regulations before a dispute arises and leads to
litigation; and requests for injunctions to prevent
persons or entities from acting in a manner that is
asserted to be unlawful.
Lastly, circuit courts are also granted the power to
issue the extraordinary writs of certiorari, prohibition,
mandamus, quo warranto, and habeas corpus, and all other
writs necessary to the complete exercise of their
jurisdiction.
Circuit Courts
Below is a list of the Florida circuit courts including
the counties which make up each circuit. In addition to
accessing the available circuit court web sites, you can
access a
brief description of the circuit courts and the
distribution
of the circuits across the state.
Click
HERE for an address/phone listing of all 67 county
clerk's offices.
- First Circuit
-- Escambia, Okaloosa, Santa Rosa and Walton
- Second
Circuit -- Franklin, Gadsden, Jefferson, Leon,
Liberty, and Wakulla
- Third Circuit -- Columbia, Dixie, Hamilton,
Lafayette, Madison, Suwannee and Taylor
- Fourth
Circuit -- Clay, Duval and Nassau
-
Fifth Circuit -- Citrus, Hernando, Lake, Marion and
Sumter
- Sixth Circuit --
Pasco and Pinellas
- Seventh Circuit
-- St. Johns, Volusia, Flagler and Putnam
- Eighth Circuit
-- Alachua, Baker, Bradford, Gilchrist, Levy, and Union
- Ninth Circuit
-- Orange and Osceola
- Tenth Circuit --
(New Site!) Hardee,
Highlands, and Polk
- Eleventh
Circuit -- Dade
- Twelfth
Circuit -- DeSoto, Manatee, and Sarasota
- Thirteenth
Circuit -- Hillsborough
- Fourteenth Circuit -- Bay, Calhoun, Gulf, Holmes,
Jackson and Washington
-
Fifteenth Circuit -- Palm Beach
- Sixteenth Circuit -- Monroe
- Seventeenth
Circuit -- Broward
- Eighteenth
Circuit -- Brevard and Seminole
- Nineteenth
Circuit -- (New Site!)
Indian River, Martin, Okeechobee and St. Lucie
- Twentieth
Circuit -- Charlotte, Collier, Glades, Hendry and
Lee
The County Courts
Organization
The Constitution establishes a county court in each of
Florida's 67 counties. The number of judges in each county
court varies with the population and caseload of the
county. To be eligible for the office of county judge, a
person must be an elector of the county and must have been
a member of The Florida Bar for five years; in counties
with a population of 40,000 or less, a person must only be
a member of The Florida Bar.
County judges are eligible for assignment to circuit
court, and they are frequently assigned as such within the
judicial circuit that embraces their counties.
County judges serve six-year terms, and they are
subject to the same disciplinary standards, and to the
jurisdiction of the Judicial Qualifications Commission, as
all other judicial officers.
Jurisdiction
The trial jurisdiction of county courts is established by
statute. The jurisdiction of county courts extends to
civil disputes involving $15,000 or less.
The majority of non-jury trials in Florida take place
before one judge sitting as a judge of the county court.
The county courts are sometimes referred to as "the
people's courts," probably because a large part of the
courts' work involves voluminous citizen disputes, such as
traffic offenses, less serious criminal matters
(misdemeanors), and relatively small monetary disputes.
Other Officials
The Constitution creates official positions outside the
judicial branch essential to the administration of justice
and to the operation of the state's judicial system.
Clerks of courts are county officers whose duties include
the management and preservation of the records of judicial
proceedings.
