Page 109 - Akerman | 2016 Guide to Doing Business in Florida

determine the title and boundaries of real property; suits for
declaratory judgments (ones seeking a declaration of legal rights or
responsibilities regarding an existing dispute); and requests for
injunctions to prevent persons or entities from acting in a manner that
is asserted to be unlawful.

Circuit courts are also granted the power to issue the extraordinary
writs of certiorari, prohibition, mandamus, quo warranto, and habeas
corpus, and all other writs necessary to the complete exercise of
their jurisdiction.

(b) County Courts

(i) Organization. The Florida Constitution establishes a county court in
each of Florida’s 67 counties. The number of judges in each county
court varies with the population and caseload of the county.

County judges are elected by the voters of the county in nonpartisan,
contested elections and serve six-year terms.

(ii) Jurisdiction. The trial jurisdiction of county courts is established by
statute. The jurisdiction of county courts extends to civil disputes
involving $15,000 or less. Thus, a dispute involving exactly $15,000
would be heard in county court, not circuit court.

The county courts are sometimes referred to as “the people’s
courts,” because a large part of the courts’ work involves voluminous
citizen disputes, such as traffic offenses, less serious criminal matters
(misdemeanors), and relatively small monetary disputes. Litigants
frequently are not represented by attorneys in county courts; in fact,
representation by an attorney in county court makes a litigant subject
to additional procedural obligations.

11.2.2 Appellate Courts
(a) Supreme Court

(i) Organization. The highest Court in Florida is the Florida Supreme
Court, which is composed of seven Justices. At least five Justices
must participate in every case and at least four must agree for a
decision to be reached. The Court’s official headquarters is the
Supreme Court Building in Tallahassee.

The Florida Constitution provides for a “merit retention” system for
Florida’s appellate judges. This system was meant to eliminate the
many problems caused by judges running for office in an election.
When Justices’ terms expire, their names will appear on the general
election ballot for a merit retention vote if they wish to remain in office.
Under this system, the voters do not choose between competing
candidates for a Justice position. Instead, the question on the ballot

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