Appeals - The Florida Supreme Court

Overview of the Appellate Process | Administrative Appeals | Extraordinary Writs | The Florida Supreme Court

The seven justices of the Florida Supreme Court make up the highest court of the State of Florida. Sitting in Tallahassee, the Supreme Court is different from all other Florida courts in that its ability to hear cases is limited only to cases which fall in certain circumstances.

The Florida Supreme Court has mandatory jurisdiction over certain cases, which means that it must review them. These cases are: circuit cases which impose the death penalty on a criminal defendant; District Court cases which declare a state statute unconstitutional or which uphold a decision of a trial court holding a statute unconstitutional; validations of bonds issued by state agencies; and administrative actions of statewide agencies relating to utilities.

The Florida Supreme Court also has discretionary authority to review certain types of cases. Here the Supreme Court is not required to review the case, but it may do so if the justices approve. These cases include decisions by the District Court of Appeal which: declare a statute to be constitutional or which construe a provision of the State or Federal Constitution; cases which affect a class of constitutional or state officers; cases where the decision of one District Court of Appeal directly conflicts with the decision of another District on the same issue; questions certified by the District Court of Appeal to be of great public importance after a ruling on them by the District Court; and cases in which the district court certifies to the Supreme Court that there is a conflict between Districts on an issue.

The Supreme Court may review orders of a trial court if the District Court certifies the question at issue to be one in need of immediate resolution by the Supreme Court because the question is one of great public importance or because it will have a great effect on the proper administration of justice. This is a sort of "emergency jurisdiction power," because the District Court can certify the question to the Supreme Court without first ruling on the matter.

Finally, the Supreme Court may review questions certified by the United States Supreme Court or other federal appellate court where the question is determinative of the cause of action and there is no current Florida Supreme Court case on point.

Lastly, the Florida Supreme Court has original jurisdiction over certain matters. These cases begin and end in the Supreme Court and do not go through any other courts before arriving at the Supreme Court. The Supreme Court has original jurisdiction to issue Writs of Habeas Corpus, the exclusive authority to regulate attorneys, the exclusive authority to issue rules of practice and procedure for attorneys and all State Courts including itself, and the authority to issue advisory opinions to the Governor.