Florida Constitution ARTICLE V JUDICIARY
Florida Constitution – Article V: The Judiciary
Article V of the Florida Constitution establishes the judicial branch of Florida’s state government. It defines the structure, powers, jurisdiction, selection, discipline, and administration of the courts.
📘 SUMMARY OF ARTICLE V – Judiciary (Florida Constitution)
🔹 Section 1 – Courts
Establishes a unified court system composed of:
Florida Supreme Court
District Courts of Appeal
Circuit Courts
County Courts
No other courts may be established except by general law.
🔹 Section 2 – Administration
The Chief Justice of the Supreme Court is the chief administrative officer of the judicial branch.
The Supreme Court has general supervisory authority over the courts.
🔹 Section 3 – Supreme Court
Consists of 7 justices.
Jurisdiction includes:
Constitutional interpretation,
Review of death penalty cases,
Disciplinary cases involving attorneys and judges,
Appeals involving state law conflicts or questions of great public importance.
Justices are appointed by the governor and then subject to retention elections.
🔹 Section 4 – District Courts of Appeal
Serve as intermediate appellate courts.
Hear appeals from circuit and county courts, unless reserved for the Supreme Court.
Justices are appointed and subject to retention elections.
🔹 Section 5 – Circuit Courts
Serve as trial courts of general jurisdiction.
Handle:
Felonies, civil cases over a certain dollar amount, probate, juvenile, family law, etc.
🔹 Section 6 – County Courts
Serve as trial courts of limited jurisdiction.
Handle:
Misdemeanors, small claims, traffic offenses, municipal violations, etc.
🔹 Section 7 – Selection and Terms of Judges
Judges are appointed by the governor from nominees recommended by judicial nominating commissions.
Appellate judges serve 6-year terms and face retention elections.
Trial judges may be elected or appointed, depending on the jurisdiction.
🔹 Section 8 – Discipline; Removal of Judges
Judges may be disciplined or removed by the Judicial Qualifications Commission (JQC) for:
Misconduct, mental or physical incapacity, or criminal behavior.
🔹 Section 9 – Determination of Number of Judges
The Legislature determines how many judges are needed and can increase or decrease as necessary based on workload.
🔹 Section 10 – Judicial Nominating Commissions
There is a commission for each court level to recommend judicial candidates to the governor.
Commissions are composed of a mix of attorneys and non-attorneys.
🔹 Other Notable Sections:
Section 11–13: Cover vacancies, eligibility, and retirement of judges.
Section 14: Judicial salaries are set by general law and cannot be reduced.
Section 15–20: Include procedural and transitional provisions, including public defender offices and clerks of court.
✅ Summary:
Florida’s Article V:
Creates a tiered court system,
Establishes merit-based judicial appointments with retention elections,
Ensures judicial independence and accountability,
Provides mechanisms for discipline and public trust.
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