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TITLE V

JUDICIAL BRANCH

Last update: 2013-11-01


  • Supreme Court
  • Circuit Courts
  • State Attorneys; Public Defenders; Related Offices
    • Court Reporters; Witness Coordination (ss. 27.0055-27.0065)
    • State Attorneys (ss. 27.01-27.367)
    • Public Defenders And Other Court-Appointed Counsel (ss. 27.40-27.61)
    • Capital Collateral Representation (ss. 27.7001-27.715)
  • Clerks Of The Circuit Courts
  • Court System Funding
  • Sheriffs
  • County Courts
  • District Courts Of Appeal
  • Judges: General Provisions
  • Proceedings Relating To Children
    • General Provisions (ss. 39.001-39.0141)
    • Reporting Child Abuse (ss. 39.201-39.206)
    • Protective Investigations (ss. 39.301-39.308)
    • Taking Children Into Custody And Shelter Hearings (ss. 39.395-39.4091)
    • Petition, Arraignment, Adjudication, And Disposition (ss. 39.501-39.510)
    • Disposition; Postdisposition Change Of Custody (ss. 39.521-39.524)
    • Case Plans (ss. 39.6011-39.604)
    • Permanency (ss. 39.621-39.6251)
    • Judicial Reviews (ss. 39.701-39.704)
    • Termination Of Parental Rights (ss. 39.801-39.815)
    • Guardians Ad Litem And Guardian Advocates (ss. 39.820-39.8298)
    • Domestic Violence (ss. 39.901-39.908)
  • Juries; Payment Of Jurors And Due Process Costs
  • Courts: General Provisions
  • Mediation Alternatives To Judicial Action
  • Version 2013-11-01
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  • Version 2011-11-08

Chapter 25

SUPREME COURT

25.031 - Supreme Court authorized to receive and answer certificates as to state law from federal appellate courts

The Supreme Court of this state may, by rule of court, provide that, when it shall appear to the Supreme Court of the United States, to any circuit court of appeals of the United States, or to the Court of Appeals of the District of Columbia, that there are involved in any proceeding before it questions or propositions of the laws of this state, which are determinative of the said cause, and there are no clear controlling precedents in the decisions of the Supreme Court of this state, such federal appellate court may certify such questions or propositions of the laws of this state to the Supreme Court of this state for instructions concerning such questions or propositions of state law, which certificate the Supreme Court of this state, by written opinion, may answer.


History.- s. 1, ch. 23098, 1945; s. 1, ch. 57-274.

25.032 - Certification of questions of law; rules and regulations

The Supreme Court of this state is hereby authorized and empowered to collaborate with any and all other courts of last resort, of other states and of the United States, in the preparation and approval of uniform rules of court to make effective this and similar laws.


History.- s. 2, ch. 23098, 1945; s. 1, ch. 57-274.

25.041 - Power to execute its judgments, decrees, and determinations

  • (1) The Supreme Court is vested with all the power and authority necessary for carrying into complete execution all its judgments, decrees and determinations in the matters before it, agreeable to the usage and principles of law.

  • (2) No judgment of the Supreme Court shall take effect until the decision of the court in such case shall be filed with the clerk of said court.

History.- s. 1, ch. 57-274; (2) formerly s. 6, Art. XVI of the Constitution of 1885, as amended; converted to statutory law by s. 10, Art. XII of the Constitution as revised in 1968.

25.073 - Retired justices or judges assigned to temporary duty; additional compensation; appropriation

  • (1) For purposes of this section, the term “retired justice” or “retired judge” means any former justice or judge who:

    • (a) Has not been defeated in seeking reelection to, or has not failed to be retained in seeking retention in, his or her last judicial office or was not defeated when last seeking election to judicial office; and

    • (b) Is not engaged in the practice of law.

  • (2) Any retired justice of the Supreme Court or retired judge of a district court of appeal or circuit or county court assigned to temporary duty in any of such courts, pursuant to Art. V of the State Constitution, shall be compensated as follows:

    • (a) Any such justice or judge shall be paid not less than $200 for each day or portion of a day that such justice or judge is assigned to temporary duty; however, no such justice or judge may serve for more than 60 days in any year without the approval of the Chief Justice.

    • (b) Necessary travel expense incident to the performance of duties required by assignment of such justice or judge to temporary duty shall be paid by the state in accordance with the provisions of s. 112.061.

  • (3) Payments required under this section shall be made from moneys to be appropriated for this purpose.

History.- s. 1, ch. 63-538; s. 1, ch. 77-282; s. 1, ch. 78-169; s. 3, ch. 79-377; s. 1, ch. 80-221; s. 18, ch. 81-259; s. 4, ch. 83-260; s. 1, ch. 84-306; s. 2, ch. 87-224; s. 1, ch. 88-287; s. 1, ch. 91-256; s. 93, ch. 95-147; s. 1, ch. 2003-402.

25.075 - Uniform case reporting system

  • (1) The Supreme Court shall develop a uniform case reporting system, including a uniform means of reporting categories of cases, time required in the disposition of cases, and manner of disposition of cases.

  • (2) If any clerk willfully fails to report to the Supreme Court as directed by the court, the clerk shall be guilty of misfeasance in office.

History.- s. 5, ch. 72-406; s. 95, ch. 95-147; s. 2, ch. 2011-52.

25.077 - Negligence case settlements and jury verdicts; case reporting

Through the state’s uniform case reporting system, the clerk of court shall report to the Office of the State Courts Administrator, beginning in 2003, information from each settlement or jury verdict and final judgment in negligence cases as defined in s. 768.81(1)(c), as the President of the Senate and the Speaker of the House of Representatives deem necessary from time to time. The information shall include, but need not be limited to: the name of each plaintiff and defendant; the verdict; the percentage of fault of each; the amount of economic damages and noneconomic damages awarded to each plaintiff, identifying those damages that are to be paid jointly and severally and by which defendants; and the amount of any punitive damages to be paid by each defendant.


History.- s. 10, ch. 99-225; s. 3, ch. 2012-5.

25.151 - Practice of law

No justice of the Supreme Court of Florida drawing retirement compensation as provided by any law shall engage in the practice of law.


History.- s. 1, ch. 57-274.

25.181 - Record of territorial court of appeals

The files, rolls and books of record of the courts of appeals of the late Territory of Florida, so far as the same, by the concurrence of the Congress and of the Legislature of this state, may relate to matters of appropriate state authority and jurisdiction, are placed in the custody and under the control of the Supreme Court of this state, and are files, rolls and records of the said Supreme Court; and the said court may lawfully have and exercise such judicial cognizance and power over them as it may lawfully have and exercise over its own files, rolls and records.


History.- s. 1, ch. 57-274.

25.191 - Clerk of Supreme Court

The Supreme Court shall appoint a Clerk of the Supreme Court, who shall hold office during the pleasure of the court.


History.- s. 1, ch. 57-274; ss. 10, 35, ch. 69-106; s. 99, ch. 95-147; s. 1, ch. 95-325.

25.201 - Deputy clerk of Supreme Court

The clerk may appoint a deputy, who, being duly sworn, may discharge all the duties of the office of clerk during his or her absence. The clerk shall in all cases be responsible for the acts of such deputy.


History.- s. 1, ch. 57-274; s. 100, ch. 95-147.

25.211 - Location of clerk’s office

The clerk shall have an office in the Supreme Court Building.


History.- s. 1, ch. 57-274; s. 101, ch. 95-147.

25.221 - Custody of books, records, etc

All books, papers, records, files, and the seal of the Supreme Court shall be kept in the office of the clerk of said court and in the clerk’s custody.


History.- s. 1, ch. 57-274; s. 102, ch. 95-147.

25.231 - Duties of clerk

The Clerk of the Supreme Court shall perform such duties as may be directed by the court.


History.- s. 1, ch. 57-274.

25.241 - Clerk of Supreme Court; compensation; assistants; filing fees, etc

  • (1) The Clerk of the Supreme Court shall be paid an annual salary to be determined in accordance with s. 25.382.

  • (2) The Clerk of the Supreme Court is authorized to employ such deputies and clerical assistants as may be necessary. Their number and compensation shall be approved by the court. The compensation of such employees shall be paid from the annual appropriation for the Supreme Court.

  • (3)(a) The Clerk of the Supreme Court is hereby required to collect, upon the filing of a certified copy of a notice of appeal or petition, $300 for each case docketed, and for copying, certifying, or furnishing opinions, records, papers, or other instruments, except as otherwise herein provided, the same fees that are allowed clerks of the circuit court; however, no fee shall be less than $1. The State of Florida or its agencies, when appearing as appellant or petitioner, is exempt from the filing fees required in this subsection. From each attorney appearing pro hac vice, the Clerk of the Supreme Court shall collect an additional fee of $100 to be deposited into the General Revenue Fund.

    • (b) Upon the filing of a notice of cross-appeal, or a notice of joinder or motion to intervene as an appellant, cross-appellant, or petitioner, the Clerk of the Supreme Court shall charge and collect a filing fee of $295. The clerk shall remit the fee to the Department of Revenue for deposit into the General Revenue Fund. The state and its agencies are exempt from the filing fee required in this paragraph.

  • (4) The Clerk of the Supreme Court is hereby authorized, immediately after a case is disposed of, to supply the judge who tried the case and from whose order, judgment, or decree, appeal or other review is taken and any court which reviewed it, a copy of all opinions, orders, or judgments filed in such case. Copies of opinions, orders, and decrees shall be furnished in all cases to each attorney of record; copies for publication in Florida reports shall be without charge; and copies furnished to the law book publishers shall be at one-half the regular statutory fee.

  • (5) The Clerk of the Supreme Court is hereby required to prepare a statement of all fees collected each month and remit such statement, together with all fees collected by him or her, to the Chief Financial Officer. The Chief Financial Officer shall deposit $250 of each $300 filing fee and all other fees collected into the General Revenue Fund. The Chief Financial Officer shall deposit $50 of each filing fee collected into the State Courts Revenue Trust Fund to fund court operations as authorized in the General Appropriations Act.

History.- s. 1, ch. 57-274; s. 1, ch. 73-305; s. 3, ch. 75-124; s. 1, ch. 85-222; s. 1, ch. 85-249; s. 5, ch. 89-290; s. 103, ch. 95-147; s. 77, ch. 2003-261; s. 1, ch. 2004-265; s. 1, ch. 2006-23; s. 1, ch. 2008-111; s. 1, ch. 2010-162.