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October 22, 2022 Post a Comment

Changes to County Court Appeals (effective January 1, 2021)

Appeals of county court decisions pending before circuit courts and subject to the jurisdiction change will be transferred automatically to the appropriate district court of appeal. Beginning January 1, 2021, parties appealing certain county court decisions will have their appeal heard in the district courts (pursuant to ch. 2020-61, Laws of Fla.).

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This chart does not represent a comprehensive or exhaustive list of appellate jurisdiction. Users are cautioned to do their own research and refer to Florida state statutes and court rules for definitive answers. Self-represented litigants with questions are encouraged to consult an attorney; information about local self-help centers and free and low-cost legal aid can be found here.

Case Types with Appeals Staying in Circuit Court

Pursuant to ch. 2020-61, L.O.F., effective January 1, 2021, the circuit court's general statutory authority in § 26.012, Fla. Stat., to hear appeals from county court final orders and judgments was repealed as was its specific authority in § 924.08, Fla. Stat., to hear appeals from county court final judgments in misdemeanor cases. Due to this legislation, the district courts of appeal will have jurisdiction to: hear appeals of such final orders and judgments pursuant to Article V, § 4(b)(1), Fla. Const.; issue extraordinary writs in those appellate cases pursuant to Article V, § 4(b)(3), Fla. Const.; and review nonfinal orders in those cases as provided by rules of court.
Circuit courts will continue, however, to have appellate jurisdiction for certain types of cases under statutes that were not amended.[1] Statutes, listed in the chart below, afford circuit courts appellate jurisdiction for certain administrative decisions and certain decisions entered in noncriminal infraction and other cases.[2] Although research was conducted to determine all instances of statutorily afforded circuit court appellate jurisdiction, it is likely, due to the inconsistent nature of statutory terminology, that other relevant statutes exist.

Statute	Description	Description of Statutory Language
26.012(1) and 162.11	Local final administrative orders	Circuit courts shall have jurisdiction of appeals from final administrative orders of local government code enforcement boards.
44.104(10)	Voluntary binding arbitration decisions	An appeal of a voluntary binding arbitration decision shall be taken to the circuit court.
98.0755	Certain ineligibility decisions by the supervisor of elections	An appeal of the supervisor's determination of ineligibility may be taken to the circuit court.
194.036	Decisions by a value adjustment board	The property appraiser may appeal the board's decision to the circuit court.
253.763	Review of agency action on permits and licenses for public lands	A person may seek review of final action of any agency with respect to a permit or license required under ch. 253, F.S., titled "Public Lands and Property"
255.20(1)(a) and (b)	Presumption that certain prequalified contractors are qualified to perform certain public construction work Prequalification process and procedures established by a political subdivision	The political subdivision may provide an appeal process to overcome that presumption with de novo review based on the record below to the circuit court. The procedures must provide for an appeal process within the authority for making objections to the prequalification process with de novo review based on the record below to the circuit court.
316.0083(5)(f)	Red light cameras	A final administrative order may be appealed to the circuit court consistent with the process in § 162.11.
318.16 and 318.33	Civil traffic infractions	Certain hearing officer decisions may be appealed to the circuit court.
327.73(7)	Noncriminal infractions relating to vessels	A determination by the hearing officer that person committed an infraction may be appealed to the circuit court.
336.41(5) and 337.14(9)	Presumption that certain prequalified contractors are qualified to perform certain public construction work Prequalification process and procedures established by a political subdivision Selection procedures adopted by a political subdivision	The political subdivision may provide an appeal process to overcome that presumption with de novo review based on the record below to the circuit court. The procedures must provide for an appeal process within the authority for making objections to the prequalification process with de novo review based on the record below to the circuit court. Appeal of adopted procedures shall be to the circuit court.
373.617	Review of agency action on water permits and licenses	A person may seek review of final action of any agency with respect to a permit or license required under ch. 373, F.S., titled the "Florida Water Resources Act of 1972."
376.065(5)(g), 376.07(3)(f), 376.071(2)(g), and 376.16(10)	Pollutant law infractions	A determination by the hearing officer that person committed an infraction may be appealed to the circuit court.
379.401(1)(h), 379.4015(1)(j), and 379.412(2)(a)4.	Fish and wildlife infractions	A finding that a person committed certain noncriminal infractions may be appealed to the circuit court.
489.127(5)(j) and 489.531(4)(j)	Construction and electrical and alarm system contracting	Certain final administrative orders may be appealed to the circuit court.
556.107(1)(h)	Underground facility infractions	A finding that a person committed certain noncriminal infractions may be appealed to the circuit court.
569.005(6)	Retail tobacco products dealer permit infractions	A finding that a person committed a noncriminal infraction may be appealed to the circuit court.
605.0716(2), 605.09091(2), 607.1423(2), 607.1532(2), and 620.1811(2)	Denials of reinstatement of certain corporate status by Department of State (DOS)	The entity may appeal the denial by petitioning the Circuit Court of Leon County to set aside the dissolution or revocation.
607.0126 and 617.0126	Refusals to file document by DOS	The DOS's refusal to file certain documents may under certain circumstances be appealed to the circuit court.
617.1532(1)	Revocations of foreign corporation's authority by DOS	The corporation may appeal to the circuit court of the county where the registered office of such corporation is situated.
681.1095(10)	Board decisions in New Motor Vehicle Arbitration Program	Board's decision may be appealed to the circuit court.
681.1097(7)	Arbiter decisions in RV Mediation and Arbitration Program	Arbitrator's decision may be appealed to the circuit court.
767.12(4)	Dangerous dog classifications by animal control authority	Classification, penalty, or both may be appealed to the circuit court after receipt of the final order.

[1] Under ch. 2020-61, L.O.F., county courts may continue, pursuant to §§ 34.017 and 35.065, F.S., to certify a question to a district court of appeal in a final judgment, but only if that judgment is appealable to the circuit court.

[2] A separately available chart titled Statutory Provisions Referencing Extraordinary Writs lists statutes that address extraordinary writs. As noted at the beginning of the document, many of these statutes do not indicate the specific court in which the petition for such writ should be filed. To determine the proper court, all practitioners should consult the Florida Constitution, applicable statutes, procedural rules, and case law.

Statutory Provisions Referencing Extraordinary Writs

County Court Jurisdictional Changes

On January 1, 2020, changes in Florida state law and the Florida Rules of Procedure will go into effect, changing where a variety of court actions are heard.

County court jurisdictional thresholds increase to $30,000 on January 1, 2020, and to $50,000 on January 1, 2023.
Small claims cases on January 1, 2020, will include cases up to $8,000
Filers will be required to include a civil cover sheet specifying the dollar amount in dispute in cases exceeding $8,000 in value.
The new law maintains current rules that limits the provision of subsidized court mediation services to county court cases with an amount in controversy up to $15,000.
State law provides that on January 1, 2020, appeals of county court orders or judgments with an amount in controversy greater than $15,000 will be heard by the district courts of appeal until January 1, 2023, when the provision repeals.