Florida Circuit Courts

The Florida Circuit Courts are trial courts^[1] of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being the Florida Supreme Court, the Florida District Courts of Appeal, and the Florida County Courts).^[2]

The Circuit Courts primarily handle civil cases where the amount in controversy is greater than $15,000, and felony criminal cases, as well as appeals from County Courts.

An elected States Attorney prosecutes cases for the public. Defendants can be represented through the auspices of the office of the elected Public Defender.

Circuits

There are 20 judicial circuits in Florida, all but five of which span multiple counties. They are:^[3]

1st - 2nd - 3rd - 4th - 5th - 6th - 7th - 8th - 9th - 10th - 11th - 12th - 13th - 14th - 15th - 16th - 17th - 18th - 19th - 20th

1. First Circuit - Escambia, Okaloosa, Santa Rosa and Walton
2. Second Circuit - Franklin, Gadsden, Jefferson, Leon, Liberty, and Wakulla
3. Third Circuit - Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor
4. Fourth Circuit - Clay, Duval and Nassau
5. Fifth Circuit - Citrus, Hernando, Lake, Marion and Sumter
6. Sixth Circuit - Pasco and Pinellas
7. Seventh Circuit - Flagler, Putnam, St. Johns and Volusia,
8. Eighth Circuit - Alachua, Baker, Bradford, Gilchrist, Levy, and Union
9. Ninth Circuit - Orange and Osceola
10. Tenth Circuit - Hardee, Highlands, and Polk
11. Eleventh Circuit - Miami-Dade
12. Twelfth Circuit - DeSoto, Manatee, and Sarasota
13. Thirteenth Circuit - Hillsborough
14. Fourteenth Circuit - Bay, Calhoun, Gulf, Holmes, Jackson and Washington
15. Fifteenth Circuit - Palm Beach
16. Sixteenth Circuit - Monroe
17. Seventeenth Circuit - Broward
18. Eighteenth Circuit - Brevard and Seminole
19. Nineteenth Circuit - Indian River, Martin, Okeechobee and St. Lucie
20. Twentieth Circuit - Charlotte, Collier, Glades, Hendry and Lee

Jurisdiction

Florida Circuit Courts have original jurisdiction not vested in the County Courts, direct review of administrative action, and the power to issue writs of mandamus, quo warranto, certiorari, prohibition, and habeas corpus, as well as any other writs necessary to exercise their jurisdiction.^[4]

As authorized by the legislature, and in addition to the power to issue various injunctions and other necessary orders,^[5] the Circuit Courts more specifically have the following jurisdiction:

Original jurisdiction

Original jurisdiction is as follows:

• "[A]ll actions at law not cognizable by the county courts . . . ."^[6] Therefore, all actions except: most misdemeanor cases, violations of municipal and county ordinances, some disputes occurring in homeowners' associations, and cases where the amount in controversy is equal to or less than $15,000.^[7]
• "[P]roceedings relating to the settlement of the estates of decedents and minors, the granting of letters testamentary, guardianship, involuntary hospitalization, the determination of incompetency, and other jurisdiction usually pertaining to courts of probate . . . ."^[8]
• All cases of equity, including those related to juveniles, except for traffic offenses.^[9]
• Felonies.^[10]
• All cases involving the legality of state tax assessment, toll, or denial of refund.^[11]
• Ejectment (eviction).^[12]
• Title and boundaries of real property.^[13]

The latter two matters are significant under Florida's tax lien and tax deed sale process: once a lien has been outstanding for two years (technically, April 1 of the second year following the date when the tax lien was originally offered for sale), the tax lienholder may petition the circuit court (via the county tax collector) to begin the process for the forced sale of the property.^{[citation needed]}

Appellate jurisdiction

Appellate jurisdiction is as follows:

• Appeals from County Courts (except from orders or judgments declaring invalid a state statute or provision of the State Constitution, or any orders or judgments certified by the County Court as a matter of great public importance and accepted for review by a District Court of Appeal).^[14]
• Appeals from final administrative orders of local government code enforcement boards.^[15]

Election

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. ^[16]

See also

• Courts of Florida

External links

• Map of District Court's Jurisdiction
• Florida Law Online
• The Florida Rules of Civil Procedure

References

1. ^ Fla. Stat. ch. 26.012(5) (2007).
2. ^ Fla. Const. of 1968, Art. V, § 1 (1998).
3. ^ "General Information". Florida's Circuit Courts. State of Florida. http://www.flcourts.org/courts/circuit/circuit.shtml. Retrieved 2007-11-26. 
4. ^ Fla. Const. of 1968, Art. V, § 5(b) (1972).
5. ^ Fla. Stat. ch. 26.012(3), (4) (2007).
6. ^ Fla. Stat. ch. 26.012(2)(a) (2007).
7. ^ Fla. Stat. ch. 34.01(1) (2007).
8. ^ Fla. Stat. ch. 26.012(2)(b) (2007).
9. ^ Fla. Stat. ch. 26.012(2)(c) (2007).
10. ^ Fla. Stat. ch. 26.012(2)(d) (2007).
11. ^ Fla. Stat. ch. 26.012(2)(e) (2007).
12. ^ Fla. Stat. ch. 26.012(2)(f) (2007).
13. ^ Fla. Stat. ch. 26.012(2)(g) (2007).
14. ^ Fla. Stat. ch. 26.012(1) (2007).
15. ^ Fla. Stat. ch. 26.012(1) (2007).
16. ^ State of Florida. "General Information". Florida's Circuit Courts. http://www.flcourts.org/courts/circuit/cir_description.shtml. Retrieved 2009-01-13.