1.3 Executive and Judicial Branches

Article IV (Executive) and Article V (Judicial) of the Florida Constitution establish a system of shared power and structured oversight. Florida's executive structure is unique due to its plural executive cabinet system, while its judicial structure features a strictly defined jurisdictional scheme for its courts. Candidates must understand the division of authority within the executive branch and the precise jurisdictional limits of the Florida Supreme Court.

The Plural Executive and the Cabinet

Unlike the federal model, which vests supreme executive authority solely in the President, Florida utilizes a plural executive system. The executive branch shares power between the Governor and a constitutionally mandated Cabinet. The Cabinet consists of three statewide elected officers:

1. The Attorney General: The state's chief legal officer.
2. The Chief Financial Officer (CFO): Responsible for state fiscal affairs, auditing, and consumer services.
3. The Commissioner of Agriculture: Oversees agricultural, consumer, and environmental programs.

The Governor and Cabinet members act together as a collective body, sitting as various boards that make critical state decisions (such as the Board of Executive Clemency, the Department of Law Enforcement, and the Land Management Advisory Council). In many of these joint capacities, the Governor has only one vote, meaning the Cabinet can outvote the Governor. However, in certain specific areas, such as executive clemency, the Governor's vote is required to be in the majority for action to be taken.

Structure of the Florida Judiciary

Article V establishes a four-tiered judicial system:

• Florida Supreme Court: The highest court in the state.
• District Courts of Appeal (DCAs): The primary intermediate appellate courts.
• Circuit Courts: Trial courts of general jurisdiction over major civil and criminal matters.
• County Courts: Trial courts of limited jurisdiction over minor civil and criminal disputes.

Florida Supreme Court Jurisdiction

The jurisdiction of the Florida Supreme Court is strictly limited by Article V, Section 3. Its jurisdiction is divided into mandatory review and discretionary review.

Mandatory (Obligatory) Jurisdiction

The Supreme Court must hear appeals from:

• Death sentences (final judgments of trial courts imposing the death penalty).
• Decisions of District Courts of Appeal declaring a state statute or a provision of the state constitution invalid.
• Final judgments in bond validation proceedings.
• Action of statewide agencies relating to rates or service of electric, gas, or telephone utilities.

Discretionary Jurisdiction

The Supreme Court may choose to review decisions of the District Courts of Appeal that:

• Expressly declare a state statute valid.
• Expressly construe a provision of the state or federal constitution.
• Expressly affect a class of constitutional or state officers.
• Expressly and directly conflict with a decision of another District Court of Appeal or of the Supreme Court on the same question of law (known as 'conflict jurisdiction').
• Pass upon a question certified by the DCA to be of great public importance.
• Are certified by the DCA to be in direct conflict with another DCA decision.

Additionally, the Supreme Court has discretionary authority to answer questions of federal law certified by the U.S. Supreme Court or federal courts of appeals. The Court also issues advisory opinions to the Governor regarding the Governor's constitutional powers and duties, and issues advisory opinions on citizen-initiative constitutional amendments.

Selection and Discipline of Judges

Florida utilizes different methods for selecting and retaining judges depending on the court level.

Supreme Court Justices and DCA Judges

These appellate jurists are selected via the merit selection and retention system:

1. Judicial Nominating Commission (JNC): When a vacancy occurs, a JNC submits a list of nominees to the Governor.
2. Gubernatorial Appointment: The Governor must appoint a judge from the JNC's list.
3. Merit Retention: Appellate judges do not face opponents in elections. Instead, they stand for periodic, nonpartisan 'merit retention' votes every six years, where voters decide whether to retain the judge in office.

Circuit and County Court Judges

By default, trial judges are selected through nonpartisan popular elections. However, counties and circuits may vote to adopt a merit selection system similar to the appellate system. If a vacancy occurs mid-term in a trial court, the JNC and Governor appoint a replacement to serve until the next general election.

Judicial Qualifications Commission (JQC)

The Judicial Qualifications Commission (JQC) is an independent constitutional body responsible for investigating allegations of judicial misconduct. The JQC has the power to recommend to the Supreme Court that a judge be disciplined, suspended, or removed from office. The Supreme Court of Florida makes the final decision on whether to discipline or remove a judge.

Overview of Florida Judicial Structure