Florida Supreme Court Decisions

In addition to hearing appeals from the Florida District Courts of Appeal, the Florida Supreme Court has jurisdiction over several other types of cases. Under Article V, Section 3 of the Florida Constitution, it has mandatory jurisdiction over appeals in cases involving the death penalty or public utilities, as well as discretionary jurisdiction over appeals in cases involving the state constitution. The Court also has the authority to issue certain writs, such as writs of habeas corpus, mandamus, and prohibition.

The Florida Supreme Court consists of seven justices, who serve six-year terms. To serve on the Court, a candidate must be no older than 74 years old, a resident of Florida, registered to vote in Florida, and a member of the Florida State Bar for at least the last 10 years. Florida uses the assisted appointment method to select new justices. First, the Florida Supreme Court Judicial Nominating Commission selects three to six candidates. The Governor of Florida appoints the nine members of the Commission, and each of them serves a four-year term. The Governor chooses four of the members from lists of nominees created by the leadership of the Florida Bar Association.

The Governor then selects the new justice from the list provided by the Commission. However, the justice will face a retention vote in the first general election that occurs at least one year after their appointment. There are only two ways in which a justice may be removed before the end of their term. They may be removed if they are impeached by the Florida House of Representatives in a two-thirds vote and convicted by the Florida State Senate, also in a two-thirds vote. Alternatively, a justice may be removed by the Florida Supreme Court upon the recommendation of the Florida Judicial Qualifications Commission. A justice may face more moderate discipline or retirement upon the recommendation of the Commission as well.