County Court Appeals: A Sea Change

In this column, we have been tracking the progress of proposed legislation to shift jurisdiction of county court appeals from the circuit courts to the appellate courts. While it is not as exciting or mysterious as tracking the migration of black marlin; it is a sea change.

The Florida Legislature recently amended Florida Statutes section 26.012 eliminating circuit court jurisdiction over most county court appeals. The legislation was approved by Gov. Ron DeSantis on June 20, 2020 and the amended statute becomes effective January 1, 2021. Pursuant to the Article V, section 4(b)(1), most county court rulings will now be appealed directly to the district courts of appeal.

A report was issued in 2019 recommending this change. Likewise, the Florida Supreme Court supported the Legislature’s consideration of an amendment transferring circuit court appellate authority to the district courts of appeal. Most appellate practioners (and, I suspect, most circuit court judges burdened with the added appellate responsibility) applaud this amendment.

Circuit courts 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 DCAs are in the process of preparing for the transfer of circuit court appellate cases. Our DCAs continue to impress with their ability to adapt to the changes thrown in their direction (have you seen the virtual Oral Arguments held by the DCAs and Florida supreme court during the pandemic?!) Thus, we expect the transfers to go smoothly.

Now that the Legislature has amended the statute, the Florida Supreme Court, which has rule making authority, will need to revise the rules of appellate procedure. We recommend reviewing the Florida Law Weekly for updates on amendments to the Florida Rules of Appellate Procedure and checking the Administrative Orders on each DCAs website for directives unique to that DCA. Happy Fishing in 2021!