Eleanor Finch
Florida's judicial branch is established by Article V of the state's constitution and is made up of trial and appellate courts. The Florida Supreme Court is the highest court in the state and is composed of seven justices, one of whom is the chief justice. The chief justice is selected by a majority of the other justices and serves as the chief administrator of the judicial system. The state's judicial branch also includes three other levels of courts: the courts of appeal, with five districts; twenty circuit courts; and sixty-seven county courts.
| Characteristics | Values |
|---|---|
| Number of justices in Florida's Supreme Court | 7 |
| Number of justices required to participate in a case | 5 |
| Number of justices required to reach a decision | 4 |
| Chief justice | Presides as the chief administrative officer of the judicial branch |
| Jurisdiction of the Supreme Court | Highest appellate court in the state |
| Mandatory retirement age for justices and judges | 75 |
| Number of judges in each county court | Varies with the population and caseload of the county |
| Number of county courts | 67 |
| Number of circuit courts | 20 |
| Number of districts in the District Court of Appeal | 5 |
| Number of judges in a district court of appeal | 3 |
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What You'll Learn
Florida's Supreme Court
The Supreme Court has discretionary appellate jurisdiction in most cases and mandatory jurisdiction in a few cases. In some matters, the Court has original jurisdiction, meaning the case can begin and end in the Supreme Court, absent a basis for further appeal to the Supreme Court of the United States. The Court also has some forms of exclusive jurisdiction, making it the only court or government body that can decide certain issues. The Court's jurisdiction is laid out in Article V of the Florida Constitution.
The Supreme Court is required to review all death sentences imposed by trial judges and all District Courts of Appeal decisions concerning state statutes or provisions of the state constitution. It also reviews trial court rulings upholding local government bonds and decisions by state utility regulators concerning rates or services. Additionally, the Court grants permission for attorneys to practice and disciplines attorneys who violate standards of conduct.
The Office of the Clerk is responsible for maintaining all case files and tracking the progress of cases through the Supreme Court. The Clerk's Office releases opinions, if any are ready, at 11 a.m. each Thursday. The Court generally convenes during the first week of each month, except during mid-summer.
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District Courts of Appeal
Florida's judicial branch is the state's court system. The Florida Constitution establishes that there is one county court in each of Florida's 67 counties. The judicial branch includes the Florida Supreme Court, district courts of appeal, circuit courts, and county courts.
The district courts of appeal (DCAs) are the intermediate appellate courts of the Florida state court system. There are currently six DCAs, created by the Florida Legislature in 1957 to provide an intermediate level of appellate review between the trial courts (the county courts and circuit courts) and the Florida Supreme Court. This was done to relieve the state supreme court of the pressure of its ever-increasing appellate docket. The six DCAs are:
- The First District Court of Appeal is headquartered in Tallahassee.
- The Second District Court of Appeal is temporarily headquartered in Tampa until the Pinellas Courthouse is completed in St. Petersburg.
- The Third District Court of Appeal is headquartered in Miami.
- The Fourth District Court of Appeal is headquartered in West Palm Beach.
- The Fifth District Court of Appeal is headquartered in Daytona Beach.
- The Sixth District Court of Appeal is headquartered in Lakeland.
Each district court has a chief judge who is the administrative officer for the district and is responsible to the chief justice of the supreme court. Each district court also has a clerk and a marshal who provide operational assistance to their respective chief judges. The First District Court of Appeal, for example, hears cases from the 1st, 2nd, 3rd, 8th, and 14th circuits.
Florida's district courts of appeal hear appeals from trial court cases and other matters within their jurisdiction to correct harmful errors and to promote clarity and consistency in the law by publishing opinions that set precedents. Most trial court decisions that are appealed are reviewed by three-judge panels at the district courts of appeal. As a general rule, decisions of the district courts of appeal represent the final appellate review of litigated cases.
District court of appeal judges, like Florida Supreme Court justices, are first recommended by the Florida Judicial Nominating Commission. They are then appointed by the governor of Florida, but have retention elections every six years, in which voters are asked on the ballot to vote on whether the judge should be retained in office. DCAs have different numbers of judges – currently ranging from 11 to 15 – based on the docket size.
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Circuit Courts
The Florida Constitution establishes the state's Judicial Branch, which is made up of trial and appellate courts. There are four types of courts created by the Florida Constitution: the Florida Supreme Court, the Florida district courts of appeal, the circuit courts, and the county courts.
The circuit courts are sometimes referred to as courts of general jurisdiction, as most criminal and civil cases originate at this level. There are 20 circuit courts in Florida, each presided over by a circuit judge. The voters of the jurisdictional area of the circuit court elect a circuit judge every six years.
The circuit courts have jurisdiction over appeals from county courts. They also hear all felony cases, civil cases involving more than $15,000, and other cases not handled by county courts. The circuit courts primarily handle felony criminal cases, family law matters, civil cases where the amount in controversy is greater than $50,000, probate, guardianship, and mental health cases, juvenile dependency and delinquency cases, and appeals of decisions in certain administrative, non-criminal infractions, and other types of cases.
The majority of jury trials in Florida take place before a judge sitting as a judge of the circuit court. Jury service is an essential part of the legal system and is a vital component of the circuit courts.
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County Courts
Florida's state government is divided into three branches: Judicial, Executive, and Legislative. The Judicial Branch, established by Article V of the Florida Constitution, comprises trial and appellate courts.
Florida has 67 counties, and each has its own county court. The number of judges in each county court depends on the population and caseload of the county. Most non-jury trials in Florida are heard by a judge in a county court. County courts have jurisdiction in civil disputes involving $50,000 or less, small claims disputes of $8,000 or less, traffic matters, and misdemeanours. County courts are sometimes referred to as "the people's courts".
The trial jurisdiction of county courts is established by statute, and these are trial courts with limited jurisdiction. The majority of trials heard by a judge instead of a jury take place at the county court level. When necessary, the chief judge of a circuit may assign county court judges within the circuit to hear circuit court cases. The clerk and the trial court administrator for each circuit also serve the county courts within their respective circuits.
Circuit courts have jurisdiction over appeals from county courts. They hear all felony cases, civil cases involving more than $15,000, and other cases not handled by county courts. Each circuit court is presided over by a circuit judge, who is elected by the voters of the jurisdictional area every six years.
The District Courts of Appeal are the next tier above the trial courts. They provide thoughtful reviews of lower tribunal decisions and correct harmful errors. A panel of three judges makes up a district court of appeal. Florida is divided into five appellate court districts: Tallahassee, Lakeland, Daytona Beach, West Palm Beach, and Miami.
The Supreme Court is the highest court in the state. Seven justices are appointed by the governor to serve on the Supreme Court bench, with a chief justice selected by a majority of the other justices. The Supreme Court hears all appeals, including judgments from trial courts that have imposed the death penalty, and decisions of district courts of appeal declaring a state statute or provisions of the state Constitution invalid.
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Judicial term limits and mandatory retirement
The Florida Constitution establishes the Judicial Branch, which is made up of trial and appellate courts. There is no lifetime appointment for judges in Florida, and there are no judicial term limits. However, the Florida Constitution does provide for the mandatory retirement of justices and judges.
The Judicial Branch includes the Supreme Court, which is the highest court in the state, as well as the courts of appeal, circuit courts, and county courts. The Supreme Court is composed of seven justices, with a chief justice selected by a majority of the other justices. The chief justice serves as the chief administrator of the judicial system. A quorum of five justices is needed to constitute a session, and at least four must agree to reach a decision. The Supreme Court hears all appeals, including judgments from trial courts that have imposed the death penalty, and decisions of district courts of appeal declaring a state statute or provisions of the state Constitution invalid.
The courts of appeal are divided into five districts: Tallahassee, Lakeland, Daytona Beach, West Palm Beach, and Miami. These courts are made up of panels of three judges, and two judges must agree on a decision. The circuit courts are sometimes referred to as courts of general jurisdiction, as most criminal and civil cases originate at this level. There are twenty circuit courts in Florida, each presided over by a circuit judge who is elected every six years by the voters of the jurisdictional area.
The Florida Constitution establishes that there is one 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. Most non-jury trials in Florida occur before a county court judge.
The Judicial Branch also includes a Judicial Nominating Commission, which submits a list of names to the Governor for appointment to the Supreme Court and district court judgeships.
The mandatory retirement age for judges in Florida was increased from 70 to 75 years through a constitutional amendment in 2018. This amendment abolished the previous exception that allowed justices with less than half of their six-year term remaining when they reached the age of 70 to complete those terms. Justices must now retire on their 75th birthday, regardless of their term status.
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Frequently asked questions
The Florida Supreme Court is the highest court in the state.
Seven justices are appointed by the governor to serve on the Supreme Court bench. A chief justice is selected by a majority of the other justices.
In addition to the Supreme Court, the Florida judicial branch includes three other levels of courts: the courts of appeal, with five districts; twenty circuit courts; and sixty-seven county courts.
