The Florida Court System

Chapter 4

The Florida Court System

The Florida Court System

The Florida court system was created by Article V of the Florida Constitution.The state has a two-tiered court system that includes four levels of courts:two levels of trial courts and two appellate court levels.It is a unified court system, with all judicial circuits administered in a similar manner.

County Courts

The lower courts in Florida are county courts. Each of Florida’s 67 counties has a county court, presided over by county court judges who serve six-year terms. The number of judges in each county court is set by statute, based on caseloads and population.The largest courts are in Miami-Dade County, which has a total of 43 county court judges, and Broward County, with
32 judges.Almost half the counties have only one county court judge.[1]County population also affects the specific qualifications required ofa county court judge.All judicial candidates must be a member in good standing of the Florida Bar, but in counties with a population over 40,000 the candidate must have been a member for at least 5 years; there is no minimum length of membership for judicial candidates in counties with populations of 40,000 or less.[2]Additionally, all judicial candidates must be an elector of the state and live in the county.[3]

Until recently, county court judges were elected by the voters in the county.However, as of 2000, if a majority of voters in the county approves a local option, county court judges may be selected by merit selection and retention rather than by election.[4]

County court judges have original jurisdiction over misdemeanor criminal cases, violations of municipal and county ordinances, disputes in homeowners’ associations, landlord-tenant disputes, and all other civil disputes involving up to $15,000.[5]

Circuit Courts

The circuit courts are the major trial courts in Florida, and the majority of jury trials are heard there.They are also known as courts of general jurisdiction because they hear both civil and criminal cases.There are 20 judicial circuits in Florida, each of which is served by a circuit court.Circuits range in size from one to seven counties and the composition of each circuit is defined by statute.[6]The number of judges assigned to each circuit is determined by population and caseload and is specified by statute; the Eleventh Circuit, which is composed of Miami-Dade County, is the largest, with 80 circuit judges.[7]

A judicial candidate for circuit court judge must be an elector of the state and a resident in the circuit, and must have been a member of the Florida Bar for the preceding five years.[8]Circuit court judges are elected by the voters of the circuit and serve terms of six years.The judges in each circuit select a chief judge who carries out administrative responsibilities for circuit and county courts within the circuit.[9]

Circuit courts have original jurisdiction over all cases not handled by the county courts, including civil disputes involving over $15,000; cases involving juveniles; controversies involving minors, persons adjudicated as incapacitated, and the estates of decedents; felony criminal prosecutions, tax disputes, and various other matters.They also serve as the state’s lowest appellate court, hearing appeals from cases brought before the county courts.[10]

District Courts of Appeal

Florida originally did not have an intermediate court of appeal, so all appeals were heard by the Florida Supreme Court.This led to increasing problems of court congestion and delay within the Supreme Court, and in 1957 the state Constitution was amended, creating District Courts of Appeal to serve as a buffer between the trial courts and the Supreme Court.[11]Most appeals are heard in the District Courts of Appeal and do not reach the Supreme Court.

Florida is divided into five appellate court districts, each served by a district court of appeal.The districts are headquartered in Tallahassee (First Appellate District), Lakeland (Second Appellate District), Miami (Third Appellate District), West Palm Beach (Fourth Appellate District), and Daytona Beach (Fifth Appellate District).[12]There are 61 district court judges; 15 are assigned to the first district, 14 to the second, 10 to the third, 12 to the fourth, and 10 to the fifth district.[13]District court judges are elected by the voters of the district; a candidate must be an elector of the state and resident of the district, and must be a member of the Florida bar for the previous ten years.[14]The members of each district court select a chief judge who performs the various administrative duties related to the court.[15]

District courts are appellate courts; they do not have original trial jurisdiction. They hear all appeals from the county and circuit courts except for those cases that are appealed directly to the state Supreme Court (such as cases involving a capital sentence).Each case comes before a panel of at least three judges. Unanimity is not required for a decision; a majority is sufficient.[16]Cases may be appealed to the Florida Supreme Court and then the U.S. Supreme Court, but the majority of requests for appeal to these courts are denied; as a result, the district courts of appeal usually represent the final appellate review of a case in Florida.

Supreme Court

The Florida Supreme Court, located in Tallahassee, is the highest court in Florida and the court of last resort in the state.Supreme Court decisions are binding upon all other courts in Florida.The court consists of seven justices.Five justices constitute a quorum and at least four justices must agree for a binding decision to be reached.[17]The chief justice of the Supreme Court is chosen by a majority vote of the members of the court and serves as the chief administrative officer of the judicial system.[18]

To be eligible to serve as a Supreme Court justice, a candidate must be an elector of the state who lives in Florida and who has been a member of the Florida bar for the preceding ten years.[19] Supreme Court justices are appointed by the governor from a list of qualified persons recommended by the Judicial Nominating Commission and are retained through a merit retention vote at a general election.[20]The Florida Constitution requires a mandatory retirement age of 70 for all judges and justices in Florida.[21]

The Florida Supreme Court is required to review all final orders imposing a sentence of death
as well as any district court decisions that declare a state statute or provision of the state constitution to be invalid.The Court also has the discretion to hear appeals from the District Courts of Appeal, although most of these are denied.The Court also has the authority to grant certain extraordinary writs, such as writs of habeas corpus and mandamus, and to issue other orders when appropriate. Other duties include advising the governor upon request on issues relating to the governor’s constitutional powers and duties, regulating the admission and discipline of lawyers in Florida, adopting and disseminating rules of practice and procedure for the Florida courts, and disciplining and removing judges from office.[22]

All cases involving the imposition of the death sentence are appealed directly to the Supreme Court in Florida; as a result, public attention is often directed toward the Court when those cases are heard.The Court has a role on the day of execution: One Supreme Court justice is present at the Court at the time of an execution.Open phone lines between the Court and the governor’s office and between the governor’s office and the state prison are maintained in the event there is a last-minute reason for the execution to be delayed.[23]

The Courtroom Workgroup

The courtroom workgroup consists of those key players in the criminal justice system who work together closely to process defendants. They are the prosecutor, or State Attorney, the defense attorney, and the judge.Also included in the courtroom workgroup are representatives of the Clerk of Courts, the bailiff, or court security, and the court reporters. Per state statute, the bailiff in Florida is a sworn deputy sheriff within the jurisdiction where the proceeding is held.

Prosecutor

The Attorney General is the chief legal officer for the state of Florida.He or she is an elected official and a member of the Florida Cabinet.[24]The Attorney General is responsible for enforcing Florida antitrust laws, protects consumers from fraud, defends the state in civil litigation cases, defends the constitutionality of statutes enacted by the state legislature, and represents the people of Florida when offenders appeal their convictions.[25]

Each of the 20 judicial circuits in Florida has a state attorney who is elected by the voters of the circuit to a four-year term.The state attorney is the prosecutor for all trial courts in the circuit.To be eligible to serve as a state attorney, a candidate must be a Florida elector, live in the circuit, and have been a member of the Florida bar for the past five years.[26]

As the chief law enforcement officer of the circuit, the prosecutor exercises more discretion than any other member of the courtroom workgroup. Particularly with the movement toward mandatory sentencing, discretion in the system has shifted from the judge to the prosecutor. Decisions with respect to which charges to bring, whom to charge, when to drop charges, and whether to continue prosecution all fall within the discretion of the state attorney.

Florida was the first state to incorporate the rights of crime victims into its state constitution.[27]The State Attorney’s Office is responsible for providing advocacy and support to victims of crime, generally through an Office of Victim and Witness Services staffed by victim advocates.Many provide specialized programs for specific victim groups, such as sexual assault and domestic violence victims.

Defense Attorneys

According to the Florida Constitution, anyone being prosecuted for a crime has the right to be represented by counsel.[28]The counterpart to the State Attorney in Florida is the Public Defender, who is responsible for defending indigent defendants in criminal cases.Each of the judicial circuits in Florida has an elected public defender who serves a term of four years.To be eligible for election as a public defender, a candidate must be an elector of the state, live in the circuit, have been a member of the Florida bar for the past five years.[29]

Public defenders are made available to indigents who are facing imprisonment as a criminal sanction, juveniles who are facing delinquency hearings, and individuals facing involuntary commitment in a mental institution.A defendant must apply for the services of the public defender’s office and must qualify as indigent based on an examination of financial status.The court may impose a fee for the services of the Public Defender upon the accused.

Public Defenders are assigned to indigents at the earliest critical point in formal processing, which usually is as soon as feasible after custodial restraint. It may be at the initial appearance or when the defendant is first formally charged.

Problem-Solving Courts in Florida

Florida Drug Courts

The first treatment-based drug court in the United States was created in 1989 in Miami-Dade County, in response to the epidemic of crack cocaine sweeping South Florida in the mid- to late-1980s and to a federal mandate requiring Florida to either reduce the inmate population or lose federal funding.This began what would become a national drug court movement and eventually led to the development of other types of problem-solving courts throughout the country.

Drug courts are special courts that focus specifically on cases involving drug-addicted offenders, using a judicially-led team that includes justice system professionals and treatment providers.The program allows for greater coordination of the various agencies, which is more cost-effective, and also provides offenders with access to a wider variety of programs and resources.As of 2012, there were 104 drug courts in Florida; 49 were adult courts, 24 were for juveniles,
22 were family courts, 5 were misdemeanor drug courts, and 4 were DUI courts.There were a total of 7,896 admissions to Florida drug courts in 2012, and 5,719 drug court graduates.[30]Because each court is designed to respond to the needs and priorities of the local community, no two courts are identical.However, all drug courts in Florida emphasize diversion, probation, and community control, with the goal of diverting drug offenders away from trial by providing alternatives to traditional prosecution.

Eligible defendants generally enter the drug court program shortly after arraignment and are given a personalized treatment plan they are required to follow.Participants generally must submit to random alcohol and drug tests and make regular court appearances; they may also be required to attend individual and/or group counseling sessions, participate in a twelve-step program, participate in academic or vocational programs, and so on.If the participant follows the treatment plan and tests negative for drugs, the plan may be modified and the requirements reduces.Participants who successfully complete the treatment plan generally have the criminal charges against them dropped and their records sealed.If defendants do not make adequate progress, they may be required to participate in a residential drug treatment program or serve a period of time in jail.

Most drug courts in Florida are pretrial diversion programs.However, in 2009, the state legislature began to expand the number of post-adjudicatory drug courts for adults.These courts target adult offenders who have been convicted and would otherwise be sent to prison. They are extremely cost-effective.Eight counties in Florida currently participate in the expansion drug court program.According to a recent report, it costs approximately $20 per day for an inmate to participate in an expansion drug court, compared with $49.24 per day to house a nonviolent offender in prison. As of February 2013, expansion drug courts have saved Florida over $8.7 million in prisons costs, based on those offenders who have successfully completed the program.[31]