State v. Garcia, 229 So. 2d 236 (Fla. 1969). · Go Syfert
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State v. Garcia, 229 So. 2d 236 (Fla. 1969). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2003–2024 · 2 courts · …substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished. at p. 238 ✓
cited 4× by 4 distinct cases, 1976–2024 · 3 courts · …the rules adopted by the supreme court are limited to matters of procedure, for a rule cannot abrogate or modify substantive law. at p. 238 ✓
cited 3× by 2 distinct cases, last quoted 2009 · …substantive change to the mens rea element of criminal conduct or is simply a rule of evidence. at p. 238 ⚠ not in text
109 citation events (38 in the last 25 years) across 10 distinct courts.
Strongest positive: Thomas Van Lent v. the Everglades Foundation, Inc. (fladistctapp, 2024-10-30)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Thomas Van Lent v. the Everglades Foundation, Inc.
Fla. Dist. Ct. App. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rules adopted by the supreme court are limited to matters of procedure, for a rule cannot abrogate or modify substantive law.
discussed Cited as authority (verbatim quote) MICHAEL P. GORZYNSKI v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
the rules adopted by the supreme court are limited to matters of procedure, for a rule cannot abrogate or modify substantive law.
discussed Cited as authority (verbatim quote) Doe v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
procedural law is sometimes referred to as 'adjective law' . . . and has been described as the legal machinery by which substantive law is made effective.
discussed Cited as authority (rule) State of Florida v. Terry Hubbard
Fla. Dist. Ct. App. · 2024 · confidence medium
The Florida Supreme Court has explained that “substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished.” Love v. State, 286 So. 3d 177 , 185 (Fla. 2019) (quoting State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969)); see also Benyard v. Wainwright, 322 So. 2d 473, 475 (Fla. 1975).
discussed Cited as authority (rule) JOSE RAMON NIEVES RIVERA v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2020 · confidence medium
The court found that the amendment does not constitute substantive law, as it “neither ‘declares what acts are crimes’ nor ‘prescribes the punishment therefor.’” Id. at 185 (quoting State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969)).
discussed Cited as authority (rule) Tashara Love v. State of Florida (2×)
Fla. · 2019 · confidence medium
In the context of criminal cases specifically, “substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished.” State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969).
discussed Cited as authority (rule) CHRISTOPHER SCHOFIELD v. GRADY C. JUDD, SHERIFF OF POLK COUNTY
Fla. Dist. Ct. App. · 2019 · confidence medium
Weekly D1016 , D1017 (Fla. 2d DCA May 4, 2018) ("Discerning the precise contours between these distinctions [between substantive and procedural law] can occasionally pose a challenge"). 17 and declare the primary rights of individuals as respects their persons and their property." (quoting In re Florida Rules of Criminal Procedure, 272 So. 2d 65, 66 (Fla. 1972) (Adkins, J., concurring))); State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969) ("Substantive rights are those existing for their own sake and constituting the normal order of society, i.e., the rights of life, liberty, property[,] and rep…
cited Cited as authority (rule) Richard DeLisle v. Crane Co.
Fla. · 2018 · confidence medium
V, § 2, Fla. Const.; State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969)).
cited Cited as authority (rule) Bruce Fuller v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
Weekly at D1017 (quoting State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969)).
discussed Cited as authority (rule) TYMOTHY RAY MARTIN v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
In the context of criminal cases specifically, "substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished." State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969).
discussed Cited as authority (rule) Smith v. State (2×)
Fla. · 2009 · confidence medium
The court found that, based on this Court's precedent in State v. Garcia, 229 So.2d 236, 238 (Fla. 1969), and Caple v. Tuttle's Design-Build, Inc., 753 So.2d 49, 53 (Fla.2000), the change is substantive, in line with Egelhoff : Substantively, section 775.051 addresses the mens rea element of criminal offenses by stating that voluntary intoxication is not a defense to criminal *873 conduct and cannot be used to show that the defendant lacked the specific intent to commit a crime.
discussed Cited as authority (rule) Hernando County v. Morana
Fla. Dist. Ct. App. · 2008 · confidence medium
See Boyd v. Becker, 627 So.2d 481, 484 (Fla.1993) ("While the Florida Constitution grants this Court exclusive rule-making authority, this power is limited to rules governing procedural matters and does not extend to substantive *283 rights."); State v. Garcia, 229 So.2d 236, 238 (Fla.1969) ("The rules adopted by the Supreme Court are limited to matters of procedure, for a rule cannot abrogate or modify substantive law."); Oceania Joint Venture v. Ocean View of Miami, Ltd., 707 So.2d 917, 920 (Fla. 3d DCA 1998) ("[I]t is clear that the Florida Supreme Court's exclusive rule-making authority co…
discussed Cited as authority (rule) Troy v. State
Fla. · 2006 · confidence medium
The court found that, based on this Court's precedent in State v. Garcia, 229 So.2d 236, 238 (Fla. 1969), and Caple v. Tuttle's Design-Build, Inc., 753 So.2d 49, 53 (Fla.2000), the change is substantive, in line with Egelhoff : Substantively, section 775.051 addresses the mens rea element of criminal offenses by stating that voluntary intoxication is not a defense to criminal conduct and cannot be used to show that the defendant lacked the specific intent to commit a crime.
discussed Cited as authority (rule) State v. Lagundoye (2×)
Wis. · 2004 · confidence medium
In E.B. v. State, 111 Wis. 2d 175, 189 , 330 N.W.2d 584 (1983), this court held that "` substantive law is that which declares what acts are crimes and prescribes the punishment therefor; whereas, procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished.'" (citing Roberts v. Love, 333 S.W.2d 897, 901 (Ark. 1960); State v. Garcia, 229 So.2d 236, 238 (Fla. 1969); State v. Augustine, 416 P.2d 281, 283 (Kan. 1996)) (emphasis in original). *95 ¶ 22.
discussed Cited as authority (rule) Barrett v. State
Fla. Dist. Ct. App. · 2003 · confidence medium
Additionally, in considering whether section 775.051 is a substantive change to the mens rea element of criminal conduct or is simply a rule of evidence, we note that the Florida Supreme Court has stated that "substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished." State v. Garcia, 229 So.2d 236, 238 (Fla. 1969).
cited Cited as authority (rule) Amendment to Rules of Juvenile Proc. 8.350
Fla. · 2003 · signal: cf. · confidence medium
Cf. State v. Garcia, 229 So.2d 236, 238 (Fla.1969) ("The rules adopted by the Supreme Court are limited to matters of procedure, for a rule cannot abrogate or modify substantive law.").
discussed Cited as authority (rule) Kerr Const., Inc. v. Peters Contracting, Inc.
Fla. Dist. Ct. App. · 2000 · confidence medium
"Practice and procedure" may be described as the machinery of the judicial process as opposed to the product thereof.'") (quoting In re Florida Rules of Criminal Procedure, 272 So.2d 65, 66 (Fla.1972) (Adkins, J., concurring)); see also Benyard v. Wainwright, 322 So.2d 473, 475 (Fla.1975); State v. Garcia, 229 So.2d 236, 238 (Fla. *613 1969) (observing that "procedural law has been described as the legal machinery by which substantive law is made effective").
cited Cited as authority (rule) Oceania Joint Venture v. OCEAN VIEW, LTD.
Fla. Dist. Ct. App. · 1998 · confidence medium
See Boyd v. Becker, 627 So.2d 481, 484 (Fla.1993); State v. Garcia, 229 So.2d 236, 238 (Fla.1969); Military Park Fire Control Tax Dist.
cited Cited as authority (rule) Warren v. State
Fla. Dist. Ct. App. · 1994 · confidence medium
State v. Garcia, 229 So.2d 236, 238 (Fla.1969).
discussed Cited as authority (rule) Birnholz v. 44 Wall Street Fund, Inc.
11th Cir. · 1989 · confidence medium
Determining whether the amended statute is procedural or substantive is a more difficult undertaking. 9 The Supreme Court of Florida has described procedural law "as the legal machinery by which substantive law is made effective." State v. Garcia, 229 So.2d 236, 238 (Fla.1969).
cited Cited as authority (rule) Birnholz v. 44 Wall Street Fund, Inc.
11th Cir. · 1989 · confidence medium
The Supreme Court of Florida has described procedural law “as the legal machinery by which substantive law is made effective.” State v. Garcia, 229 So.2d 236, 238 (Fla.1969).
cited Cited as authority (rule) Smith v. State
Fla. · 1989 · confidence medium
State v. Garcia, 229 So.2d 236, 238 (Fla. 1969) (citation omitted).
cited Cited as authority (rule) State v. Davis
Me. · 1984 · confidence medium
See, e.g., Roberts v. Love, 231 Ark. 886 , 333 S.W.2d 897, 901 (1960); State v. Garcia, 229 So.2d 236, 238 (Fla.1969); Cooper v. State, 415 P.2d 1009, 1013 (Okla.1966).
discussed Cited as authority (rule) In Matter of EB
Wis. · 1983 · confidence medium
In accordance with these definitions, several courts have held that "[a]s related to criminal law and procedure, substantive law is that which declares what acts are crimes and prescribes the punishment therefor; whereas, procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished." State v. Augustine, 197 Kan. 207, 209 , 416 P.2d 281, 283 (1966); State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969); Roberts v. Love, 231 Ark. 886, 892-93 , 333 S.W.2d 897, 901 (1960).
discussed Cited as authority (rule) E.B. v. State
Wis. · 1983 · confidence medium
In accordance with these definitions, several courts have held that “[a]s related to criminal law and procedure, substantive law is that which declares what acts are crimes and prescribes the punishment therefor; whereas, procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished.” State v. Augustine, 197 Kan. 207, 209 , 416 P.2d 281, 283 (1966); State v. Garcia, 229 So. 2d 236, 238 (Fla. 1969); Roberts v. Love, 231 Ark. 886, 892-93 , 333 S.W.2d 897, 901 (1960).
discussed Cited as authority (rule) Hart v. State
Fla. Dist. Ct. App. · 1981 · confidence medium
"As related to criminal law and procedure, substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by *1050 which one who violates a criminal statute is punished." State v. Garcia , at 238.
discussed Cited as authority (rule) Florida Wildlife Federation v. STATE, ETC.
Fla. · 1980 · confidence medium
Substantive law has been defined as "that part of the law which creates, defines, and regulates rights, or that part of the law which courts are established to administer." State v. Garcia, 229 So.2d 236, 238 (Fla. 1969).
discussed Cited "see" Smiley v. State
Fla. · 2007 · signal: see · confidence high
See State v. Garcia, 229 So.2d 236, 238 (Fla.1969) ("As related to criminal law and procedure, substantive law is that which declares what acts are crimes and prescribes the punishment therefor. . . . ").
discussed Cited "see" Hines v. State
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See State v. Garcia, 229 So.2d 236, 237-38 (Fla.1969) (holding that the right to waive a jury trial is a procedural matter which the supreme court may enact, therefore, the rule allowing a defendant to waive his right to a jury trial supersedes a statute requiring a jury to decide a capital case).
cited Cited "see" Sailor v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See State v. Garcia, 229 So.2d 236 (Fla.1969); State v. L.
discussed Cited "see" RJA v. Foster
Fla. · 1992 · signal: see · confidence high
See State v. Garcia, 229 So.2d 236, 238 (Fla. 1969), where the Court discusses "substantive law" and "procedural law." The rule does not violate the Constitution, but is in full accord with its provisions.
discussed Cited "see" Griffin v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Benyard v. Wainwright, 322 So.2d 473 (Fla.1975). 2 In State v. Garcia, 229 So.2d 236, 238 (Fla.1969), the Supreme Court stated: As related to criminal law and procedure, substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished.
cited Cited "see" S. R. v. State
Fla. Dist. Ct. App. · 1976 · signal: see · confidence high
See State v. Garcia, Fla.1969, 229 So.2d 236 .
discussed Cited "see" State Ex Rel. Maines v. Baker
Fla. · 1971 · signal: see · confidence high
See State v. Garcia, 229 So.2d 236, 238 (Fla. 1969), where the Court discusses "substantive law" and "procedural law." The rule does not violate the Constitution, but is in full accord with its provisions.
discussed Cited "see, e.g." Jackson v. Florida Dept. of Corrections
Fla. · 2001 · signal: see also · confidence medium
V, § 2, Fla. Const.; see also State v. Garcia, 229 So.2d 236, 238 (Fla.1969) (noting that procedural law has been described as the legal machinery by which substantive law is made effective); Z & O Realty Assocs., Inc. v. Lakow, 519 So.2d 3, 5 (Fla. 3d DCA 1987); State v. J.A., Jr., 367 So.2d 702, 703 (Fla. 2d DCA 1979) (stating that substantive law, the responsibility of the Legislature, prescribes duties and rights while procedural law, determined by the Supreme Court, concerns the means and methods to apply and enforce those duties and rights).
cited Cited "see, e.g." Moffitt v. Willis
Fla. · 1984 · signal: see, e.g. · confidence low
See, e.g., State v. Garcia, 229 So.2d 236 (Fla. 1969); State v. Robinson, 132 So.2d 156 (Fla. 1961); Hay v. Isetts, 98 Fla. 1026 , 125 So. 237 (1929).
Retrieving the full opinion text from the archive…
The STATE of Florida, Petitioner,
v.
Domingo GARCIA, Respondent.
38790.
Supreme Court of Florida.
Dec 10, 1969.
229 So. 2d 236
Adkins.
Cited by 87 opinions  |  Published

[*237] Richard E. Gerstein, State's Atty., Jack R. Blumenfeld and Charles D. Edelstein, Asst. State's Attys., Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., for petitioner.

Richard G. Taylor, Miami, for respondent.

ADKINS, Justice.

This cause is here on petition for writ of certiorari supported by certificate of the District Court of Appeal, Third District, that its decision reported in 224 So.2d 395 is one which involves a question of great public interest. See § 4(2), art. V, Fla. Const., F.S.A.

The only question presented is whether a trial by jury can be waived by a defendant who, under indictment for a capital offense, has pleaded not guilty. This question was answered in the affirmative by the District Court.

The Florida Statutes relating to this question are as follows:

"Whoever is convicted of a capital offense and recommended to the mercy of the court by a majority of the jury in their verdict, shall be sentenced to imprisonment for life; or if found by the judge of the court, where there is no jury, to be entitled to a recommendation to mercy, shall be sentenced to imprisonment for life, at the discretion of the court." (Emphasis supplied) F.S.A. § 919.23(2).
"In all cases except where a sentence of death may be imposed trial by jury may be waived by the defendant. Such waiver shall be made in open court and an indorsement thereof made on the indictment or information and signed by the defendant." (Emphasis supplied) F.S.A. § 912.01.

Sec. 3, art. V, Fla. Const., F.S.A., requires that the practice and procedure in all courts be governed by rules adopted by the Supreme Court. In accordance with this constitutional mandate this Court adopted the Florida Rules of Criminal Procedure which, by express provision, governs the "procedure of all criminal proceedings in state courts." Rule 1.010, Cr.P.R., 33 F.S.A.

[*238] Rule 1.260, Cr.P.R., reads as follows:

"A defendant may, in writing, waive a jury trial with the approval of the court and the consent of the state."

The rule, having been adopted pursuant to the constitutional provision, supersedes any legislative enactment governing practice and procedure to the extent that the statute and the rule may be inconsistent. See Jaworski v. City of Opa-Locka, 149 So.2d 33 (Fla. 1963). The rules adopted by the Supreme Court are limited to matters of procedure, for a rule cannot abrogate or modify substantive law. In some instances it is difficult to determine whether a rule relates to a matter that is substantive or a matter that is procedural, but this difficulty does not exist in the case sub judice. Rule 1.260, Cr.P.R., merely prescribes the procedure and method of waiving a jury trial. It does not abrogate or modify substantive law.

Procedural law is sometimes referred to as "adjective law" or "law of remedy" or "remedial law" and has been described as the legal machinery by which substantive law is made effective. Substantive law has been defined as that part of the law which creates, defines, and regulates rights, or that part of the law which courts are established to administer. See 52A C.J.S., Law, page 741; 20 Am.Jur.2d, Courts, § 84.

The California Court in Estate of Gogabashvele, 195 Cal. App.2d 503, 16 Cal. Rptr. 77 (1961) said:

"As used in jurisprudence, the term `right' connotes the capacity of asserting a legally enforceable claim. Legal rights have been classified as substantive and remedial. Substantive rights are those existing for their own sake and constituting the normal legal order of society, i.e., the rights of life, liberty, property and reputation. Remedial rights arise for the purpose of protecting or enforcing substantive rights."

As related to criminal law and procedure, substantive law is that which declares what acts are crimes and prescribes the punishment therefor, while procedural law is that which provides or regulates the steps by which one who violates a criminal statute is punished. See State v. Augustine, 197 Kan. 207, 416 P.2d 281 (1966).

The right of trial by jury is a privilege conferred upon the person accused. The jury is not an indispensable part of the tribunal vested with jurisdiction to hear and determine criminal cases. Patton v. United States, 281 U.S. 276, 50 S.Ct. 253, 74 L.Ed. 854, 70 A.L.R. 263, 273 (1930). In this case the United States Supreme Court said:

"The record of English and colonial jurisprudence antedating the Constitution will be searched in vain for evidence that trial by jury in criminal cases was regarded as a part of the structure of government, as distinguished from a right or privilege of the accused. On the contrary, it uniformly was regarded as a valuable privilege bestowed upon the person accused of crime for the purpose of safeguarding him against the oppressive power of the King and the arbitrary or partial judgment of the court."

The constitutional provision which guarantees an accused person the right of trial by jury assures him such a trial by claiming it or by withholding his consent to proceed without it. The Florida Constitution does not make the jury a constituent or essential part, necessary to the exercise of jurisdiction, of any court created or authorized by it.

Inherent in the privilege of a jury trial constitutionally preserved for the defendant is the right to waive it. By his waiver of a jury, when understandingly made, the defendant foregoes the participation in his trial of an instrumentality provided for his protection and the court, constitutionally created and vested with jurisdiction of the matter of the cause from its inception, will hear and determine it. See The Defendant's Right to Waive Jury Trial[*239] in Criminal Cases by Richard C. Donnelly, 9 Fla.Law Rev. 247 (1956). The waiver of a jury trial is a procedural matter, and Rule 1.260, Cr.P.R., sets forth the manner in which this is accomplished. The Rule supersedes the Statute and controls in capital cases for, by operation of Rule 1.010, the rules govern all criminal procedure in state courts.

The District Court was correct in answering the question in the affirmative.

The writ of certiorari heretofore issued is

Discharged.

ERVIN, C.J., and ROBERTS, DREW and BOYD, JJ., concur.