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11.03.2008 |
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I often get calls from our readers about our court system inquiring as to how the courts are structured and requesting information on different topics. This segment will provide you with a brief look at Florida’s Courts. Next month, I will discuss some of the different topics popular with callers and include some information about the legal terms we use in the Eleventh Judicial Circuit of Florida that is Miami-Dade County.
County Court
• Handles violations of county and city ordinances.
• All traffic violations except for the following can be handled by mailing the fine or going to traffic school: driving under the influence, reckless driving, fleeing a police officer, leaving the scene of an accident and filing a false accident report. If pleading innocent, the motorist will have an administrative hearing instead of a trial.
• Misdemeanors, or minor offenses that could lead to a maximum sentence of one year in the county jail.
• Civil cases involving amounts of $5,000 or less, such as landlord tenant or small claims disputes. Equitable defenses may be tried in the same proceeding.
• Appeal of a county court judgment is taken to the circuit court except those appeals taken directly to the District Court of Appeal.
• An appeal to the District Court is only available when order or judgment is certified by the county court to be of great public importance.
Circuit Court
• The circuit courts are the highest trial courts in Florida.
• It is at this level of court where most trial work takes place.
• Circuit court judges hear felony criminal cases. Felonies are major offenses that could lead to imprisonment in a state correctional institution for 366 days or more.
• Circuit court judges also hear: family cases, such as dissolution of marriage, guardianship and juvenile delinquency; probate matters such as processing wills and settling estates; and civil cases involving amounts of more than $15,000.
• Appeals from county court, except those that go directly to the Florida Supreme Court.
• When circuit court cases are appealed, they go to the District Court of Appeal.
• A judgment of a circuit court may be reviewed directly by the Supreme Court of Florida but only if the death penalty was imposed.
Third District Court of Appeal
• This is the court of final appellate jurisdiction except for cases eligible for review by the Florida Supreme Court.
• The basic job of an appellate court is to locate errors committed by the trial court detrimental to the proceedings, i.e. introduction of inadmissible evidence or improper instruction of the jury.
• In all appellate courts, no testimony or evidence is presented.
• A panel of at least three judges decides appeals from the circuit court in most civil and criminal cases.
• An appellate court can only do one of the following with each case: 1) affirm the decision of the lower court; 2) reverse the decision of the lower court; 3) remand (order to be sent back) the case to the lower court to be handled the way the appellate court directs; 4) and to certify to a higher court (permissible of every court except the United States Supreme Court).
• Jurisdiction extends to: final judgment and orders of the trial court, direct review of any administrative action, issuance of writs.
• Decisions from the District Court may be appealed to the Florida Supreme Court, but only upon narrow guidelines.
• Miami-Dade County is in the 3rd District Court of. Appeal, which also has jurisdiction over the courts of Monroe County. It is located at 2001 S.W. 117th Avenue in West Miami-Dade County.
Florida Supreme Court
The Florida Supreme Court was created by the Florida Constitution and is located in Tallahassee.
• There are seven Justices, but only five are needed to conduct business.
• All Justices hear and dispose of cases, and the concurrence of four Justices is necessary to render a decision.
The court:
• Hears appeals from trial courts imposing the death penalty.
• Hears appeals from decisions of the district courts involving federal and state constitutional questions and the validity of state laws.
• May review decisions certified by district courts or trial courts to be of great public importance.
• When provided by general law, hears appeals on bond validation and reviews actions of statewide agencies relating to rata of utility companies.
• The Florida Supreme Court also has administrative responsibility for the operations of the state courts and supervision over the Florida Bar including attorney disciplinary matters.
By Miami-Dade State Attorney
Katherine Fernandez Rundle |
