The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large.
The justices are appointed by the governor to set terms, which do not exceed six years. Immediately after appointment, the initial term is three years or less because the justices must appear on the ballot in the next general election that occurs more than one year after their appointment. Afterward, they serve six-year terms and remain in office if retained in the general election near the end of each term. Citizens vote on whether or not they want to retain each justice in office.
Chief justices are elected by the members of the Court to two-year terms that end in every even-numbered year. Chief justices may succeed themselves in office if they are re-elected by the other justices. The chief justice also can appoint judges to temporary duty on the Court if at least one of the justices is unable to hear a case for any reason. The temporary justices are called "associate justices" and are usually chosen on a rotating basis from presiding judges of Florida's district courts of appeal. They usually sit only for a single case. Unlike the U.S. Supreme Court, the term "associate justice" is never used to describe the sitting Florida justices.
The Court is the final arbiter of state law of Florida, and its decisions are binding authority for all other Florida state courts, as well as for federal courts when they apply Florida law. In most instances, the only appeal from the Florida Supreme Court is to the U.S. Supreme Court on questions of federal law.
Established upon statehood in 1845, the Florida Supreme Court is headquartered across Duval Street from the state capitol in Tallahassee. Throughout the court's history, it has undergone many reorganizations as Florida's population has grown.
As of October 2020, each justice of the Florida Supreme Court receives a salary of $227,218.
History
After Florida's entrance into the union in 1845, and the ratification of the state's first Constitution, the Supreme Court of the State of Florida was born. It is the successor to the Florida Territorial Court of Appeals and the court system that existed under Spain prior to the acquisition of Florida by the U.S. through the Adams-Onis Treaty. Though the constitution created a Supreme Court, it vested it with no judges and little power. Florida Circuit court judges served in the capacity of Supreme Court justices until 1851 when an 1848 constitutional amendment took effect granting the state legislature power to choose three justices. In 1853, another constitutional amendment was adopted that provided for the popular election of justices to serve six-year terms.
Following the Civil War and the adoption of the 1868 Constitution, justices were appointed by the governor and confirmed by the State Senate. In 1885, the state returned to elected justices. In 1940, the court's membership was finally increased to its current size of seven members, and a 1926 constitutional amendment provided that the chief justice should be elected by the justices of the Court. A two-year term for the chief justice was established by the Rules of Court adopted by the Supreme Court, with each term beginning on July 1 of even-numbered years and ending on June 30 in the next even-numbered year.
In the early 1970s, more than half the justices resigned over various corruption probes.
In 1975, Florida Supreme Court justice David McCain tampered with a lower court decision on behalf of campaign supporters. Faced with impeachment proceedings, he resigned.
In 1976, the state returned to appointed justices when the current merit retention system was put in place.
In 2004, the court had a backlog of 1,544 cases. In 2011, there was a backlog of 881 cases.
Powers
Jurisdiction
The jurisdiction of the Supreme Court of Florida is laid out in Article V of the Florida Constitution. The Court follows the common law and since its first case, Stewart v. Preston (1846), has published its opinions, first in official law reports called the Florida Reports and more recently in the Southern Series edited by West Publishing.
The Supreme Court of Florida has appellate jurisdiction that is discretionary (cases the Court may choose to hear if it wishes) in most cases and mandatory (cases the court must hear) in a few cases. In some matters, the Court has original jurisdiction, meaning that the case can begin and end in the Supreme Court absent a basis for further appeal to the Supreme Court of the United States. The Court also has some forms of exclusive jurisdiction, meaning that it is the only court or government body that can decide the issue.
Mandatory jurisdiction The Florida Constitution, Article V, (3)(b)(1), establishes mandatory jurisdiction for the following: Cases in which the death penalty is imposed (but solely to review findings of lower courts on the law, not on the facts). In such instances, the Florida Supreme Court directly reviews circuit court decisions, skipping the intermediate district courts of appeal (DCAs). Decisions by the DCAs declaring invalid a state statute or constitutional provision. The Florida Constitution, Article V, (3)(b)(2), permits the Florida Legislature to provide for mandatory jurisdiction in the following two circumstances (the legislature has so provided): For final judgments on proceedings for validation of bonds or certificates of indebtedness. Here again, the Florida Supreme Court directly reviews circuit court decisions. For review of action of statewide agencies relating to rates or service of electric, gas, and telephone utilities.
Discretionary jurisdiction The Florida Constitution, Article V, (3)(b)(3–5), provides discretionary jurisdiction for a much larger set of circumstances, including: DCA decisions expressly declaring a state statute or constitutional provision to be valid (as opposed to invalid, which as stated above places the appellate court decision under mandatory jurisdiction) DCA decisions that expressly affect a class of constitutional/state officers DCA decisions that expressly and directly conflict with the decision of another DCA or of the Florida Supreme Court (including decisions that the DCA certifies to be in conflict with an opinion of another DCA) DCA decisions that the DCA certifies, or orders or judgments of trial courts certified by a DCA in which appeal is pending, to be of "great public importance", or to have a great effect on the proper administration of justice throughout the state, and certified to require immediate resolution by the Supreme Court Questions of law certified by the Supreme Court of the United States or a United States court of appeals as determinative of a cause before them, for which there is no controlling precedent by the Florida Supreme Court.
Original nonexclusive jurisdiction The Florida Constitution further grants the Supreme Court original nonexclusive jurisdiction over certain matters. "Original" means that the case can begin and end in the state Supreme Court absent a basis for further appeal to the U.S. Supreme Court. "Nonexclusive" means that these matters do not absolutely have to begin in the Supreme Court, but also could originate in a lower court. The bulk of matters falling within this category often are called the "extraordinary writs" and include habeas corpus, mandamus, quo warranto, and the writ of prohibition.
Exclusive jurisdiction The Supreme Court has exclusive jurisdiction over some other matters. "Exclusive" means that the Florida Supreme Court is the only court or governmental body that can resolve the issue. This category includes regulation of the Florida Bar, regulation of admissions to the Bar, creating and amending the Florida Rules of Court, and determining whether the governor is incapacitated and thus unable to fulfill the duties of office. It also includes two forms of jurisdiction to issue advisory opinions. The Court can provide an advisory opinion upon a request by the governor to address uncertainties about legal issues involving the executive branch's powers. It also can issue advisory opinions to the Florida attorney general about citizens' initiatives to amend the state Constitution. However, for this last type of advisory opinion, the Court only determines whether the citizens' initiative meets two legal requirements: its ballot summary fairly advises the voters of its effect; and it only contains a single subject. A negative advisory opinion removes non-conforming initiatives from the ballot.
Prohibited areas Pursuant to a 1980 amendment to the Florida Constitution, the Supreme Court has no jurisdiction to review a "per curiam affirmed" decision by one of the Florida District Courts of Appeal, meaning that, in the vast majority of cases, decisions of the Florida District Court of Appeal are final, subject only to the possibility of review by the United States Supreme Court.Oh No! Not a Per Curiam Affirmed Decision on my Appeal H. Michael Muniz, Vol. 93, No. 3, p. 26. (May/June 2019). For an example in which a "per curiam affirmed" decision was reviewed by the United States Supreme Court and reversed, see Ibanez v. Florida Department of Business and Professional Regulation, 512 U.S. 136 (1994). In the Ibanez case, the Florida State Board of Accountancy held that a CPA who was also a lawyer was prohibited from disclosing on her law firm letterhead that she was also a CPA, and the First District Court of Appeal "per curiam affirmed" the decision. The United States Supreme Court reversed.
Duties The Supreme Court also has the duty to review legislative redistricting after each decennial Census. After the Florida Legislature enacts a joint resolution reapportioning the State House and Senate, the plan is presented to the Supreme Court on a petition filed by the Florida attorney general. The Supreme Court's review of an apportionment plan created by the Legislature is guided by several standards specified in the Constitution, including new ones added to the Constitution by the voters in 2010 that prohibit gerrymandering. If the Legislature fails to initially pass a reapportionment plan or fails to enact a remedial plan after its primary plan is rejected by the Supreme Court, then the Court has the duty to apportion the State. The Supreme Court also has the authority to impose discipline on state judges for ethical breaches, which can range from a public televised reprimand to removal from office.
Organization
Composition
The Court is composed of the chief justice and six other justices, who all serve six-year staggered terms. The justices elect the chief justice from amongst themselves. Justices must be an elector (a qualified, registered voter) of the state and must have been a member in good standing of the Florida Bar for at least ten years. The Court must have at least one justice who resided in each of Florida's six lower appellate districts on the date of their appointment. Amendment 6 passed in 2018 raised the mandatory retirement age for justices to 75, effective July 1, 2019.
Operation At least five justices must be present for the Court to carry out its official functions, and at least four justices must agree on decisions issued by the Court. The chief justice can assign judges of the lower courts to serve as temporary justices (called "associate justices" under Florida Rules of Court) if the need arises. Under the Court's Internal Operations Procedures Manual, the appointment of associate justices rotates among the chief judges of the district courts of appeal in their numerical order, from one to five, and then starts over again. The intent behind this procedure is to eliminate any concern that temporary associate justices are appointed because of their personal views on legal issues.