Верховный суд штата Флорида: структура и функции

Highest court in the U. S. state of Florida

The Supreme Court of Florida is the highest court in the U. S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large. The justices are appointed by the governor to set terms, which do not exceed six years. Immediately after appointment, the initial term is three years or less because the justices must appear on the ballot in the next general election that occurs more than one year after their appointment. Afterward, they serve six year terms and remain in office if retained in the general election near the end of each term. Citizens vote on whether or not they want to retain each justice in office. Chief justices are elected by the members of the Court to two year terms that end in every even numbered year. Chief justices may succeed themselves in office if they are re elected by the other justices. The chief justice also can appoint judges to temporary duty on the Court if at least one of the justices is unable to hear a case for any reason. The temporary justices are called "associate justices" and are usually chosen on a rotating basis from presiding judges of Florida's district courts of appeal. They usually sit only for a single case. Unlike the U. S. Supreme Court, the term "associate justice" is never used to describe the sitting Florida justices. The Court is the final arbiter of state law of Florida, and its decisions are binding authority for all other Florida state courts, as well as for federal courts when they apply Florida law. In most instances, the only appeal from the Florida Supreme Court is to the U. S. Supreme Court on questions of federal law. In 1853, another constitutional amendment was adopted that provided for the popular election of justices to serve six year terms. Following the Civil War and the adoption of the 1868 Constitution, justices were appointed by the governor and confirmed by the State Senate. In 1885, the state returned to elected justices. In 1975, Florida Supreme Court justice David L. McCain tampered with a lower court decision on behalf of campaign supporters. Faced with impeachment proceedings, he resigned. In 1976, the state returned to appointed justices when the current merit retention system was put in place. In 2004, the court had a backlog of 1,544 cases. In 2011, there was a backlog of 881 cases.

The jurisdiction of the Supreme Court of Florida is laid out in Article V of the Florida Constitution. The Court follows the common law and since its first case, Stewart v. Preston (1846), has published its opinions, first in official law reports called the Florida Reports and more recently in the Southern Series edited by West Publishing. The Supreme Court of Florida has appellate jurisdiction that is discretionary (cases the Court may choose to hear if it wishes) in most cases and mandatory (cases the court must hear) in a few cases. In some matters, the Court has original jurisdiction, meaning that the case can begin and end in the Supreme Court absent a basis for further appeal to the Supreme Court of the United States. The Court also has some forms of exclusive jurisdiction, meaning that it is the only court or government body that can decide the issue.

The Florida Constitution, Article V, (3)(b)(1), establishes mandatory jurisdiction for the following: For an example in which a "per curiam affirmed" decision was reviewed by the United States Supreme Court and reversed, see Ibanez v. Florida Department of Business and Professional Regulation, 512 U. S. 136 (1994). In the Ibanez case, the Florida State Board of Accountancy held that a CPA who was also a lawyer was prohibited from disclosing on her law firm letterhead that she was also a CPA, and the First District Court of Appeal "per curiam affirmed" the decision. The United States Supreme Court reversed.

The Supreme Court also has the duty to review legislative redistricting after each decennial Census. After the Florida Legislature enacts a joint resolution reapportioning the State House and Senate, the plan is presented to the Supreme Court on a petition filed by the Florida Attorney General. The Supreme Court's review of an apportionment plan created by the Legislature is guided by several standards specified in the Constitution, including new ones added to the Constitution by the voters in 2010 that prohibit gerrymandering. If the Legislature fails to initially pass a reapportionment plan or fails to enact a remedial plan after its primary plan is rejected by the Supreme Court, then the Court has the duty to apportion the State. The Supreme Court also has the authority to impose discipline on state judges for ethical breaches, which can range from a public televised reprimand to removal from office. Following a constitutional amendment passed by referendum in November 2018, mandatory retirement for Florida Supreme Court justices occurs upon reaching age 75. The Florida Constitution states, "No justice or judge shall serve after attaining the age of seventy five years except upon temporary assignment." They thus must retire on the date of their 75th birthdays if still in office at that time. Justices may be removed by one of two methods. They can be disciplined upon the recommendation of the Judicial Qualifications Commission, at which time the Court may remove a justice or impose a lesser penalty such as a fine or reprimand; and justices may be impeached by a two thirds vote of the Florida House of Representatives and convicted by a two thirds vote of the Senate.

In 1999, a dissenting opinion by Justice Leander J. Shaw Jr. sparked a worldwide debate over the use of Old Sparky, Florida's electric chair, which helped lead to events that caused the Florida Legislature to adopt lethal injection as the state's method of execution only a few months later. In 2004, the Court struck down another piece of legislation from the Florida Legislature that was designed to reverse a lower court decision in the Terri Schiavo case. In 2006, the Court struck down a law passed by the Florida Legislature that had created the first statewide education voucher program in the United States. That same year in Engle v. Liggett Group, it also ordered decertification of a class action lawsuit against big tobacco companies that effectively reversed the largest punitive damage jury award, $145 billion, in U. S. history. In 2013, Governor Rick Scott signed the Timely Justice Act (HB 7101) which overhauled the processes for capital punishment. The United States Supreme Court struck down part of this law in January 2016 in Hurst v. Florida, declaring that a judge determining the aggravating facts to be used in considering a death sentence with only a non binding recommendation from the jury based on a majority vote was insufficient and violated the Sixth Amendment guarantee of a jury trial. The Florida Legislature passed a new statute to comply with the judgement in March 2016, changing the sentencing method to require a 10 juror supermajority for a sentence of death with a life sentence as the alternative. This new sentencing scheme was struck down by the Florida Supreme Court in a ruling 5–2 in October 2016, which held that a death sentence must be issued by a unanimous jury. The United States Supreme Court later left this decision undisturbed. Governor Scott in early 2017 signed a new law requiring a unanimous jury.

In the 2000 presidential election controversy, the Supreme Court of the United States overturned the Florida Supreme Court after it had ordered a statewide recount. Notably, arguments before the Florida Supreme Court in the 2000 presidential election cases were the first appellate court proceedings in history broadcast live in their entirety on major television networks in the United States and throughout the world. An estimated one quarter of the entire fleet of satellite trucks used by broadcasters in North America was present in Tallahassee at the height of the controversy. These events later were dramatized in the 2008 HBO movie Recount. Former chief justice Charles T. Wells, who presided over the two historic cases argued at the state highest court, wrote a first person account of the controversy, Inside Bush v. Gore, published in 2013.

The library of the Florida Supreme Court has been in existence since Florida was granted statehood in 1845. While it is the oldest state supported library in Florida, its main purpose at the start was to serve the Supreme court. This purpose continues today, with the addition of serving the Office of the State Courts Administrator and lower Florida courts. When it began, the library clerk was the staff member that handled all reference questions and served as librarian. It was not until 1956, under section 25.341 of the Florida Statutes, that the Supreme Court had a separate librarian administering the library including reference. The library holds various collections to assist professionals and members of the public. Some examples are court decisions, statutes, regulations, jury instructions, legal periodicals, and treatises, in both print and online format. One interesting fact about these collections is that they do not circulate outside of the building. The Library has an online catalog.