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ITEM 20B | TYPES OF CASES THE FLORIDA SUPREME COURT HEARS

The Florida Supreme Court’s power or jurisdiction to hear cases is defined by the Florida Constitution and further explained by the Florida Rules of Appellate Procedure. See Florida Constitution Article V, sections 1-3; Florida Rule of Appellate Procedure 9.030(a). There are two main types of supreme court jurisdiction, mandatory and discretionary. Mandatory jurisdiction generally means the supreme court can hear certain types of cases directly, or directly from a trial court, without the need for an intermediate appeal, such as to one of the District Courts of Appeal. Discretionary jurisdiction generally means the types of cases the supreme court can decide whether or not it wants to accept for review, and usually involves a party wanting a higher appeal after receiving an unfavorable decision in one of the district courts of appeal.

1. Mandatory Jurisdiction.

The Florida Supreme Court’s mandatory jurisdiction includes direct appeals or petitions seeking review of:
(a) final orders of courts imposing sentences of death, and

(b) decisions of District Courts of Appeal declaring invalid a state statute or a provision of the state constitution.
In addition, if provided by Florida general law, the Florida Supreme Court shall also review:
(a) final orders entered in matters for the validation of bonds or certificates of indebtedness, and

(b) actions of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.

2. Discretionary Jurisdiction.

The Florida Supreme Court also has discretionary jurisdiction to hear certain matters. This means there are certain matters the court can, but does not have to, review. The supreme court’s discretionary jurisdiction includes the power to review decisions of District Courts of Appeal that:
(a) Expressly declare valid a state statute. The ruling, opinion, or order must have language that expressly declares a state statute valid.

(b) Expressly construe a provision of the state or federal constitution. The ruling, opinion, or order must contain language explaining the meaning of a provision of the state or federal constitution.

(c) Expressly affect a class of constitutional or state officers. The ruling, opinion, or order must contain language that affects a class of constitutional or state officers.

(d) Expressly and directly conflict with a decision of another District Court of Appeal or of the Florida Supreme Court on the same question of law. The opinion from the District Court of Appeal must contain language contrary to the opinion of another District Court of Appeal or of the Florida Supreme Court. It is not necessary that the District Court of Appeal explicitly identify a conflicting appellate opinion in its decision to demonstrate conflict. However, it should address any legal principles applied as a basis for its decision.

(e) Pass upon a question certified to be of great public importance. The ruling, opinion, or order must contain language to the effect that the issues presented contain a question certified by the authoring court to be of great public importance.

(f) Are certified to be in direct conflict with decisions of other District Courts of Appeal. The ruling, opinion, or order must contain language to the effect that the issues presented contain a question certified by the authoring court to be of great public importance.
The term “expressly,” as used above, generally requires some written representation or expression of the legal grounds that support the decision under review.
Last Updated: // Disclaimer
(Florida Bar Appellate Practice Section © 2016)
Congratulations! You're now booked up on Item 20B from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,



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