Florida State Courts System

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The Florida State Courts System is the unified state court system of Florida.

Contents

Courts

The Florida State Courts System consists of:

Supreme Court

The Florida Supreme Court building. FlaSupremeCrtBldgFeb08.JPG
The Florida Supreme Court building.

The Supreme Court of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each term. [2] The Court is the final arbiter of Florida law, and its decisions are binding authority for all other Florida state courts. [2]

Established upon statehood in 1845, the court is headquartered across the street from the state capitol in Tallahassee. 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 case Bush v. Gore and the Terri Schiavo case .

District courts of appeal

The six district courts of appeal are the intermediate appellate courts. They consist of the:

Circuit courts

The Duval County Courthouse housing the Duval County and Fourth Judicial Circuit Courts. DuvalCountyCourthouse.JPG
The Duval County Courthouse housing the Duval County and Fourth Judicial Circuit Courts.

The twenty circuit courts are state courts, and are trial courts [3] of original jurisdiction for most controversies.

The circuit courts primarily handle felony criminal cases, civil cases where the amount in controversy is greater than $30,000, as well as appeals from county courts. Circuit courts also have jurisdiction over domestic relations, juvenile dependency, juvenile delinquency, and probate matters. [4]

Florida has twenty judicial circuits. Miami-Dade, Broward, Monroe, Palm Beach and Hillsborough are the only counties which are coterminous with their respective judicial circuits. In the rest of the state, a single judicial circuit encompasses multiple counties within its jurisdiction.

Four circuit courts have created business court programs: the Ninth Judicial Circuit (Orange and Osceola Counties), [5] the Eleventh Judicial Circuit (Miami-Dade County), [6] the Thirteenth Judicial Circuit (Hillsborough County), [7] and the Seventeenth Judicial Circuit (Broward County). [8] [9] In 2004, Ninth Circuit Chief Judge Belvin Perry made Judge Renee Roche Florida's first specialized business court judge. [10] [11] Judge Roche, along with Florida Judge John E. Jordan [12] (Ninth Judicial Circuit), have served as Business Court Representatives to the American Bar Association's Business Law Section. [13]

Judge Gill Freeman was the first judge presiding over Miami's Complex Business Litigation Section, serving in that role for five years. [14] She is co-chair of the Florida Bar Association's Business Law Section Business Courts Task Force, which was formed in 2018 to study the merits of implementing a statewide business court. [15] In early 2020, on the precipice of the COVID pandemic, the task force recommended a proposed statewide business court. [16] [17] [18]

In 2008, Seventeenth Judicial Circuit (Broward County) Chief Judge Victor Tobin issued an administrative order creating a Complex Litigation Unit with subdivisions for complex tort cases and complex business court cases. Judge Robert Rosenberg, who had suggested the idea of a specialized business court in the Seventeenth Circuit was appointed as one of the initial complex business case judges, with Judge Charles Greene to handle complex tort cases and Judge Jeffrey Streitfeld to handle complex tort and business cases. [19] [20]

In 2017, the Eleventh Judicial Circuit Court in Miami-Dade County Florida created a separate International Commercial Arbitration Court. [21] Judge Lisa M. Walsh serves as both a Complex Business Litigation Division Judge and a presiding International Commercial Arbitration Court Judge. [22] Judge Jennifer D. Bailey similarly served in both positions.

County courts

The county courts have original jurisdiction over misdemeanor criminal cases, including violations of county and municipal ordinances, and in civil cases whose value in controversy does not exceed $30,000. [23]

Administration

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.

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 screening and background investigation of Bar applicants along with the Multistate Professional Responsibility Examination and bar exam.

The Florida Courts eFiling Portal provides electronic court filing (e-filing) and recording capabilities statewide. [24] Supreme Court opinions are published in the Florida Cases reporter (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.

Florida Judicial College

All new judges are required to complete this curriculum during their first year of service after selection to the bench. The program is taught by the state’s most experienced appellate and trial court judges. Curriculum includes: [25]

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 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 of crimes prior to that date are still eligible for parole. [26]

Officers

Public defenders

As of January 1,1997, Florida was the only US jurisdiction that denies legal representation for those unable to pay (public defenders) based upon one's inability to pay. [27]

History

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

See also

Related Research Articles

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Lisa Sharon Walsh is an American judge, serving on the Eleventh Judicial Circuit Court in Miami-Dade County, Florida since 2011. She has been Administrative Judge of that court's Appellate Division, a judge of its International Commercial Arbitration Court since 2017, and a business court judge in its Complex Business Litigation Division since 2023. She has received numerous awards as a judge, has held significant leadership positions, and has provided judicial education programming to other judges. In 2024, Walsh was the highest rated judge in the Miami-Dade Bar's Judicial Poll.

Renee A. Roche is a retired American judge who served for over 25 years in Florida's Ninth Judicial Circuit Court, encompassing Orange and Osceola Counties. She was Florida's first specialized business court judge, setting an example for the development of other business courts outside of the Ninth Circuit. She served in four of the Ninth Circuit's judicial divisions, and was a leader as an administrative judge and associate administrative judge in the criminal and civil divisions.

Jennifer Drechsel Bailey is a retired American judge who served for 30 years in Florida's Eleventh Judicial Circuit Court in Miami-Dade County. She is recognized nationally, statewide, and locally for her work on improving justice in the civil litigation system through studying, understanding, and implementing effective changes to court and judicial case management.

References

  1. ↑ "Florida Courts".
  2. 1 2 "Supreme Court of Florida".
  3. ↑ Fla. Stat. § 26.012(5) (2007).
  4. ↑ "Trial Courts - Circuit". Florida Courts. Retrieved 2020-10-14.
  5. ↑ "Business Court | Ninth Judicial Circuit Court of Florida". ninthcircuit.org. Retrieved 2024-04-26.
  6. ↑ "Complex Business Litigation". www.jud11.flcourts.org. Retrieved 2024-04-26.
  7. ↑ "Business Court - The Complex Business Litigation Division". www.fljud13.org. Retrieved 2024-04-26.
  8. ↑ "Circuit Civil Complex Litigation – Seventeenth Judicial Circuit of Florida" . Retrieved 2024-04-26.
  9. ↑ "Florida's business courts". Florida Trend. Retrieved 2024-05-14.
  10. ↑ Schneider, Mike. "First business court in Florida opens in Orlando (Associated Press February 4, 2004)". The Star Banner. Retrieved 2024-05-14.
  11. ↑ "This Court Means Business". Florida Trend. Retrieved 2024-05-14.
  12. ↑ "John E. Jordan | Ninth Judicial Circuit Court of Florida". ninthcircuit.org. Retrieved 2024-05-14.
  13. ↑ "American Bar Association, Business Law Section, Business Court Representatives".
  14. ↑ "Assignment of Circuit Court Judge Gill Freeman to the Complex Business Litigation Section (section 40) in the Circuit Civil Division of the Eleventh Judicial Circuit of Florida, Administrative Order No. 11-13 (April 7, 2011)" (PDF).
  15. ↑ "Taking a hard look at business courts". The Florida Bar. Retrieved 2024-05-14.
  16. ↑ "Section calls for statewide business courts". The Florida Bar. Retrieved 2024-05-14.
  17. ↑ "Business Court Task Force White Paper for Statewide Business Court" (PDF).
  18. ↑ "COVID-19 may stall Florida Bar's push for a statewide business court system". Florida Trend. Retrieved 2024-05-14.
  19. ↑ "Broward County, Fla. Court's New Complex Litigation Unit Opens Doors". Law.com. Retrieved 2024-05-17.
  20. ↑ "Circuit Civil Complex Litigation – Seventeenth Judicial Circuit of Florida" . Retrieved 2024-05-17.
  21. ↑ "International Commercial Arbitration". www.jud11.flcourts.org. Retrieved 2024-05-17.
  22. ↑ "Complex Business Litigation". www.jud11.flcourts.org. Retrieved 2024-05-17.
  23. ↑ "Trial Courts - County". Florida Courts. Retrieved 2020-10-14.
  24. ↑ "Florida Supreme Court Technology ePortal Information". flcourts.org. Retrieved 17 August 2013.
  25. 1 2 3 4 5 "Information for New Judges". flcourts.gov. State of Florida. Retrieved 6 May 2023.
  26. ↑ What is Parole? Archived 2013-03-10 at the Wayback Machine , Florida Parole Commission
  27. ↑ "PUBLIC DEFENDER APPLICATION FEES: 2001 UPDATE" (PDF). American Bar Association. 2002. pp. 7–9. Archived from the original (PDF) on 2015-05-12.


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