Florida Legislative Amendment Impacting County Court Appeals

Carlton Fields
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Carlton Fields

The Florida Legislature recently amended Florida Statutes section 26.012 and, in so doing, eliminated circuit court jurisdiction over most county court appeals. Effective January 1, 2021, most county court rulings will now be appealed directly to the district courts of appeal. Circuit courts, however, will retain jurisdiction over appeals from final administrative orders of local government code enforcement boards “and of reviews and appeals as otherwise expressly provided by law.”

The legislation was approved by Gov. Ron DeSantis on June 20, 2020.

According to a letter issued by Chief Justice Charles Canady in November 2019, the Florida Supreme Court supported the Legislature’s consideration of an amendment transferring circuit court appellate authority to the district courts of appeal. An amendment to the Florida Rules of Appellate Procedure is likely to follow to account for this statutory change.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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