Government of Florida - Judicial Branch

Judicial Branch

Florida's state court system, officially titled the Florida State Courts System, was unified by a 1973 constitutional amendment. The system consists of:

• The Florida Supreme Court, the state supreme court; and
• The five District Courts of Appeal, which are intermediate appellate courts. These are the First District Court of Appeal (headquartered in Tallahassee), the Second District Court of Appeal (headquartered in Lakeland and with a branch in Tampa), the Third District Court of Appeal (headquartered in Miami), the Fourth District Court of Appeal (headquartered in West Palm Beach), and the Fifth District Court of Appeal (headquartered in Daytona Beach); and
• Two forms of trial courts: 20 circuit courts and 67 county courts, one for each of Florida counties.

The Chief Justice of the Florida Supreme Court serves as the chief administrative officer 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.

County courts have original jurisdiction over misdemeanor criminal cases and in civil cases whose value in controversy does not exceed $15,000. Circuit courts have original jurisdiction over felony criminal cases and civil cases whose value in controversy is $15,000 or greater, as well as in domestic relations, juvenile dependency, juvenile delinquency, and probate matters. 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.

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 circuit and county courts are where trials occur.

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 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.