Florida Court Structure and Jurisdiction

Court Hierarchy

County court

Circuit court

District Courts of Appeal (DCA)

Florida Supreme Court

Florida Federal Court

County Court

civil cases under $50,000

misdemeanors:

• 2nd degree

  • 6 months probation/60 days in jail

  • simple trespass/assault

• 1st degree

  • 1 yr jail/probation or 6 months jail+ 6 months probation

  • simple battery, possession of marijuana under 20 grams

Circuit court

main trial court for felonies, family law, probate, and juvenile delinquency/dependency

Felonies including DP:

• 3rd degree

• 2nd degree

• 1st degree

• 1st degree punishable by life

• Life felony

• Capital Felony

3rd degree felony

5 years in prison/probation

• Aggravated assault

• Certain drug possession

• Felony battery

• Burglary of a structure

2nd degree felony

15 years in prison/probation

• Aggravated battery

• Certain drug possession/sale of drugs

• Sexual battery

• Stalking

• Burglary of an occupied dwelling

1st degree felony

30 years in prison/probation

• Drug trafficking

• Aggravated sexual batteries

• Assault during the course of a burglary

1st degree punishable by life

Life imprisonment

• certain sexual batteries

Life Felony

Florida has personal jurisdiction over you for life

• Serious drug trafficking

• Serious sexual battery

• Serious stalking

• Serious thefts

• Serious burglaries

• Serious robberies

  • Usually involving firearms

Capital Felony

Death penalty

Life no parole

Where do circuit court cases get appealed to?

District Court of Appeal (DCA)

How many DCAs does Florida have?

Six

What DCA is Orlando in?

The 6th DCA.

Florida Supreme Court

hears mandatory appeals for death penalty cases

resolves conflicts between DCAs

When does DCA get appealed to Florida Supreme Court?

Death Penalty Cases (automatic appeal)

DCAs have conflicting decision and want to certify the conflict to the SC

Questions of great public importance

• zoning, condemnation

• insurance

• property rights

Florida Federal Court

District Court (main trial court)

Circuit Courts (appeals court)

Florida Federal District Court

Northern

Middle

Southern

Florida Federal Circuit Court

Appeals court

Where is Florida’s federal circuit court located?

It’s the 11th circuit in Atlanta

Florida Criminal Punishment Code

Sentences are determined by levels (1-10) rather than just degrees

One point = One month in prison

How do the points work?

One point = One month in prison

Points are added than subtracted by 28

If a defendant scores over 44 points, then defendant can go to prison between minimum and maximum sentence

How many points is 2nd degree murder?

Ten Points

What are the levels determined by?

Statutes

What are the point categories?

Main crime committed

Victim injury

Past records

Probation violation

Carrying a gun

Amount of drugs possessed

What must every lawsuit establish?

Subject matter jurisdiction, venue, and personal jurisdiction

What can be waived?

Venue can be waived but the jurisdictions can never be waived