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ARTICLE VI. Judicial Department. Section 1. The judicial power of the State shall be vested in a Supreme
Court, circuit courts, county courts, and justices of the peace. Section 2. The style of all process shall be, "The State of Florida,"
and all prosecutions shall be conducted in the name and by the authority of
the same. Section 3. The Supreme Court shall consist of a chief justice and two
associate justices, who shall hold their offices for life or during good behavior.
They shall be appointed by the Governor and confirmed by the Senate. Section 4. The majority of the justices of the Supreme Court shall constitute
a quorum for the transaction of all business. The Supreme Court shall hold three
terms each year at the Supreme Court room at the seat of government. Section 5. The Supreme Court shall have appellate jurisdiction in all
cases in equity, also in all cases of law in which is involved the title to
or right of possession of real estate, or the legality of any tax, impost, assessment,
toll, or municipal fine, or in which the demand or the value of the property
in controversy exceeds three hundred dollars; also in all other civil cases
not included in the general subdivisions of law and equity; also in all questions
of law alone; in all criminal cases in which the offense charged amounts to
felony. The court shall have power to issue writs of mandamus, certiorari, prohibition,
quo warranto, habeas corpus, and also all writs necessary or proper to the complete
exercise of its appellate jurisdiction. Each of the justices shall have the
power to issue writs of habeas corpus to any part of the State upon petition
by or on behalf of any person held in actual custody, and may make such writs
returnable before himself or the Supreme Court, or before any circuit court
in the State, or before any judge of said courts. Section 6. The Supreme Court shall appoint a clerk of the Supreme Court,
who shall have his office at the Capitol, and shall be librarian of the Supreme
Court library; he shall hold his office until his successor is appointed and
qualified. Section 7. There shall be seven circuit judges appointed by the Governor
and confirmed by the Senate, who shall hold their office for eight years. The
State shall be divided into seven judicial districts, the limits of which are
defined in this Constitution, and one judge shall be assigned to each circuit.
Such judge shall hold two terms of his court in each county within his circuit,
each year, at such times and places as shall be prescribed by law. The chief
justice may in his discretion order a temporary exchange of circuits by the
respective judges, or any judge, to hold one or more terms in any other circuit
than that to which he is assigned. The judge shall reside in the circuit to
which he is assigned. Section 8. The circuit courts in the several judicial circuits shall
have original jurisdiction in all cases of equity, also in all cases at law
which involve the title or the right of possession to, or the possession of,
or the boundaries of real property; of the legality of any tax, impost, assessment,
toll, or municipal fine, and in all other cases in which the demand or the value
of property in controversy exceeds three hundred dollars, and of the action
of forcible entry and unlawful detainer, and also in all criminal cases amounting
to felony. They shall have final appellate jurisdiction in all civil cases arising
in the county court in which the amount in controversy is one hundred dollars
and upwards, and in all cases of misdemeanor. The circuit courts and the judges
thereof shall have power to issue writs of mandamus, injunction, quo warranto,
certiorari, and all other writs proper and necessary to the complete exercise
of their jurisdiction, and also shall have power to issue writs of habeas
corpus on petition by or on behalf of any person held in actual custody
in their respective circuits. Section 9. There shall be a county court organized in each county. The
Governor shall appoint a county judge for each county, who shall be confirmed
by the Senate, and such judge shall hold his office for four years from the
date of his commission, or until his successor is appointed and qualified. Section 10. The county court shall be a court of Oyer and Terminer.
Section 11. The county court shall have jurisdiction of all misdemeanors
and all civil cases where the amount in controversy does not exceed three hundred
dollars; and its jurisdiction shall be final in all civil cases where the amount
in controversy does not exceed one hundred dollars; but in no case shall the
county court have jurisdiction when the title or boundaries of real estate is
in controversy, or where the jurisdiction will conflict with that of the several
courts of record; but they may have co-extensive jurisdiction with the circuit
courts in cases of forcible entry and unlawful detention of real estate, subject
to appeal to the circuit court. The county court shall have full surrogate or
probate powers, but subject to appeal. Provision shall be made by law for all
other powers, duties, and responsibilities of the county courts and judges.
There shall be a regular trial term of the county courts six times in each year,
at such times and places as may be prescribed by law. Section 12. Grand and petit jurors shall be taken from the registered
voters of the respective counties. Section 13. In all trials, civil and criminal, in the circuit and county
courts, the evidence shall be reduced to writing by the clerk of the court or
his deputy, under the control of the court; and every witness, after his examination
shall have closed, shall be at liberty to correct the evidence he has given,
and afterward shall sign the same; such evidence shall be filed in the office
of the clerk with the papers in the case. Section 14. All pleas shall be sworn to either by the parties or their
attorneys. Section 15. The Governor shall appoint as many justices of the peace
as he may deem necessary. Justices of the peace shall have criminal jurisdiction
and civil jurisdiction not to exceed fifty dollars; but this shall not extend
to the trial of any person for misdemeanor or crime. The duties of justices
of the peace shall be fixed by law. Justices of the peace shall hold their offices
during good behavior, subject to removal by the Governor at his own discretion.
Section 16. The Legislature may establish courts for municipal purposes
only, in incorporated towns and cities. All laws for the organization or government
of municipal courts shall be general in their provisions, and be equally applicable
to the municipal courts of all incorporated towns and cities. Section 17. Any civil cause may be tried before a practicing attorney
as referee, upon the application of the parties, and an order from the court
in whose jurisdiction the case may be, authorizing such trial and appointing
such referee. Section 18. No other courts than those herein specified shall
be organized in this State. Section 19. The Governor, by and with the advice and consent of the
Senate, shall appoint a State Attorney in each judicial circuit, whose duties
shall be prescribed by law. He shall hold office for four years from the date
of his commission, and until his successor shall be appointed and qualified.
The Governor, by and with the advice and consent of the Senate, shall appoint
in each county a sheriff and a clerk of the circuit court, who shall also be
clerk of the county court and of the board of county commissioners, recorder,
and ex officio auditor of the county, each of whom shall hold his office
for four years. Their duties shall be prescribed by law. Section 20. A constable shall be elected by the registered voters in
each county for every (200) two hundred registered voters; but each county shall
be entitled to at least two constables, and no county shall have more than twelve
constables. They shall perform such duties, and under such instructions, as
shall be prescribed by law. Section 21. Attorneys at law, who have been admitted to practice in any court of record in any State of the Union, or to any United States Court, shall be admitted to practice in any court of this State, on producing evidence of having been so admitted.
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