Article V — JUDICIARY
21 sections · 0 paragraphs in this article.
Fla. Const. art. V, § 1 Courts
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The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality. The legislature shall, by general law, divide the state into appella…
Fla. Const. art. V, § 2 Administration; practice and procedure
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(a) The supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any proceeding when the jurisdiction of another cou…
Fla. Const. art. V, § 3 Supreme court
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(a) ORGANIZATION.—The supreme court shall consist of seven justices. Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the original appointmen…
Fla. Const. art. V, § 4 District courts of appeal
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(a) ORGANIZATION.—There shall be a district court of appeal serving each appellate district. Each district court of appeal shall consist of at least three judges. Three judges shall consider each case and the concurrence of two shall be necessary to a decision.(b) JURISDICTION.—(…
Fla. Const. art. V, § 5 Circuit courts
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(a) ORGANIZATION.—There shall be a circuit court serving each judicial circuit.(b) JURISDICTION.—The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs…
Fla. Const. art. V, § 6 County courts
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(a) ORGANIZATION.—There shall be a county court in each county. There shall be one or more judges for each county court as prescribed by general law.(b) JURISDICTION.—The county courts shall exercise the jurisdiction prescribed by general law. Such jurisdiction shall be uniform t…
Fla. Const. art. V, § 7 Specialized divisions
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All courts except the supreme court may sit in divisions as may be established by general law. A circuit or county court may hold civil and criminal trials and hearings in any place within the territorial jurisdiction of the court as designated by the chief judge of the circuit.H…
Fla. Const. art. V, § 8 Eligibility
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No person shall be eligible for office of justice or judge of any court unless the person is an elector of the state and resides in the territorial jurisdiction of the court. No justice or judge shall serve after attaining the age of seventy-five years except upon temporary assig…
Fla. Const. art. V, § 9 Determination of number of judges
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The supreme court shall establish by rule uniform criteria for the determination of the need for additional judges except supreme court justices, the necessity for decreasing the number of judges and for increasing, decreasing or redefining appellate districts and judicial circui…
Fla. Const. art. V, § 10 Retention; election and terms
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(a) Any justice or judge may qualify for retention by a vote of the electors in the general election next preceding the expiration of the justice’s or judge’s term in the manner prescribed by law. If a justice or judge is ineligible or fails to qualify for retention, a vacancy sh…
Fla. Const. art. V, § 11 Vacancies
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(a) Whenever a vacancy occurs in a judicial office to which election for retention applies, the governor shall fill the vacancy by appointing for a term ending on the first Tuesday after the first Monday in January of the year following the next general election occurring at leas…
Fla. Const. art. V, § 12 Discipline; removal and retirement
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(a) JUDICIAL QUALIFICATIONS COMMISSION.—A judicial qualifications commission is created.(1) There shall be a judicial qualifications commission vested with jurisdiction to investigate and recommend to the Supreme Court of Florida the removal from office of any justice or judge wh…
Fla. Const. art. V, § 13 Ethics in the judiciary
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(a) All justices and judges shall devote full time to their judicial duties. A justice or judge shall not engage in the practice of law or hold office in any political party.(b) A former justice or former judge shall not lobby for compensation on issues of policy, appropriations,…
Fla. Const. art. V, § 14 Funding
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(a) All justices and judges shall be compensated only by state salaries fixed by general law. Funding for the state courts system, state attorneys’ offices, public defenders’ offices, and court-appointed counsel, except as otherwise provided in subsection (c), shall be provided f…
Fla. Const. art. V, § 15 Attorneys; admission and discipline
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The supreme court shall have exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted.History.—S.J.R. 52-D, 1971; adopted 1972.
Fla. Const. art. V, § 16 Clerks of the circuit courts
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There shall be in each county a clerk of the circuit court who shall be selected pursuant to the provisions of Article VIII section 1. Notwithstanding any other provision of the constitution, the duties of the clerk of the circuit court may be divided by special or general law be…
Fla. Const. art. V, § 17 State attorneys
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In each judicial circuit a state attorney shall be elected for a term of four years. Except as otherwise provided in this constitution, the state attorney shall be the prosecuting officer of all trial courts in that circuit and shall perform other duties prescribed by general law…
Fla. Const. art. V, § 18 Public defenders
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In each judicial circuit a public defender shall be elected for a term of four years, who shall perform duties prescribed by general law. A public defender shall be an elector of the state and reside in the territorial jurisdiction of the circuit and shall be and have been a memb…
Fla. Const. art. V, § 19 Judicial officers as conservators of the peace
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All judicial officers in this state shall be conservators of the peace.History.—S.J.R. 52-D, 1971; adopted 1972.
Fla. Const. art. V, § 20 Schedule to Article V
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(a) This article shall replace all of Article V of the Constitution of 1885, as amended, which shall then stand repealed.(b) Except to the extent inconsistent with the provisions of this article, all provisions of law and rules of court in force on the effective date of this arti…
Fla. Const. art. V, § 21 Judicial interpretation of statutes and rules
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In interpreting a state statute or rule, a state court or an officer hearing an administrative action pursuant to general law may not defer to an administrative agency’s interpretation of such statute or rule, and must instead interpret such statute or rule de novo.History.—Propo…