Florida Legal Process

The Florida legal process outlines the steps by which individuals, businesses, and government bodies resolve legal disputes within the state of Florida. Whether you're filing a lawsuit, facing criminal charges, or responding to a subpoena, understanding the structure and flow of Florida’s court system can help you protect your rights and avoid costly mistakes.

From filing and service of process to trial and appeals, this guide walks you through how Florida courts operate and what to expect at each stage.

Florida's Court System

The state of Florida operates a multi-tiered court system, each level responsible for different types of legal matters. Courts are categorized by jurisdiction (type of case), geography, and severity.

County Courts

• Handle small civil claims (under $50,000), traffic offenses, misdemeanors, and landlord-tenant disputes.
• Each of Florida’s 67 counties has a county court.
• Judges serve six-year terms and must be attorneys in good standing with The Florida Bar.

Circuit Courts

• Serve as trial courts for felony criminal cases, divorce, probate, juvenile matters, and civil disputes over $50,000.
• Florida has 20 judicial circuits that cover different regions of the state.
• Circuit judges also hear appeals from county courts.

District Courts of Appeal (DCA)

• These five regional courts review decisions made by circuit courts.
• DCAs handle legal errors rather than factual disputes.
• Judges are appointed and subject to merit retention elections.

Florida Supreme Court

• The highest court in the state, with limited jurisdiction over constitutional issues, final death penalty appeals, and bond validations.
• Reviews conflicting decisions from DCAs and hears cases of great public importance.
• Justices are appointed by the Governor and must be approved by voters.

Division of Administrative Hearings (DOAH)

• Not part of the traditional judiciary but critical to Florida’s legal landscape.
• Administrative law judges (ALJs) handle disputes involving state agencies, professional licenses, environmental matters, and special education.

Step 1: Filing a Case or Responding to One

Civil Cases

In civil matters, a party (plaintiff) files a complaint with the appropriate court, outlining the issue and desired remedy (e.g., money, injunction). The case must be filed in the right jurisdiction based on the amount in controversy and subject matter.

Criminal Cases

In criminal matters, a case begins with an arrest or the issuance of a summons. The State Attorney determines whether formal charges will be filed. Charges are brought via:

• Information: A formal document filed by a prosecutor.
• Indictment: Used in more serious cases and issued by a grand jury.

Step 2: Service of Process

Service of process ensures the opposing party is notified of legal action against them. This is a constitutionally required step in both civil and criminal proceedings.

How It Works in Florida

• Typically performed by a sheriff, private process server, or court official.
• If a defendant cannot be served personally, substituted service may be permitted through the Department of State.
• Rules for service are found in Chapter 48, Florida Statutes.

Improper service can delay a case or result in dismissal.

Step 3: First Appearance and Arraignment

First Appearance (Criminal Only)

If arrested, the accused must appear before a judge within 24 hours, per Florida Rule of Criminal Procedure 3.130. At this hearing:

• Charges are read.
• Bail and release conditions are set.
• Legal representation is determined.

Arraignment

This is the formal court appearance where the defendant (criminal) or respondent (civil) is notified of the charges or claims and enters a plea or files a response.

Criminal Pleas:

• Not guilty: Case proceeds to trial or plea negotiations.
• Guilty or No contest: May result in sentencing without a trial.

Civil Responses:

• Answer (agree/disagree with claims)
• Motion to dismiss (challenge legal sufficiency of the case)

Step 4: Discovery and Pretrial Proceedings

Discovery is the exchange of information and evidence between parties. This phase is crucial to case preparation and often determines whether a case will settle or proceed to trial.

Common Discovery Tools

• Interrogatories (written questions)
• Depositions (oral testimony under oath)
• Requests for production (documents)
• Expert witness disclosures

Pretrial Motions

Parties may file motions to:

• Suppress evidence
• Dismiss charges
• Change venue
• Compel discovery

Pretrial hearings may be scheduled to resolve these motions and confirm case readiness.

Step 5: Trial

If the case does not settle, it moves to trial. Florida law guarantees the right to a jury trial in most criminal and many civil cases.

Trial Phases

1. Jury selection (if applicable)
2. Opening statements
3. Presentation of evidence
4. Cross-examinations
5. Closing arguments
6. Jury instructions and deliberation
7. Verdict

If the defendant is found not guilty, the case ends. If found guilty (criminal) or liable (civil), the court proceeds to sentencing or judgment.

Step 6: Sentencing or Judgment

Sentences vary depending on the offense, prior record, and mitigating factors. Penalties may include:

• Jail or prison
• Fines
• Probation
• Community service
• Mandatory programs (e.g., DUI school)

Civil Judgments

If the court finds in favor of the plaintiff, the judge issues a judgment which may include:

• Monetary damages
• Injunctions
• Orders for specific performance

Failure to comply with a judgment may lead to wage garnishment, liens, or other enforcement actions.

Step 7: Appeals

After trial, either party may appeal the decision to a higher court. Appeals focus on legal errors, not disagreements with factual findings.

Florida’s Appellate Process

• County to Circuit Court (minor cases)
• Circuit Court to District Court of Appeal (most civil and criminal appeals)
• DCA to Florida Supreme Court (limited jurisdiction)

Appeals must be filed within a strict time frame, usually 30 days from the final judgment.

Florida Civil vs. Criminal Legal Process

Each step, filing, service of process, court appearances, trial, and appeal, requires careful attention to deadlines, legal standards, and procedures. If you're unsure about your rights or obligations, consulting a qualified attorney in the state of Florida is strongly recommended.