CopyCited 60 times | Published | Supreme Court of Florida
...V, § 6(b), gives the county courts "the jurisdiction prescribed by general law." Fla. Stat. §
26.012 amended by § 3 of Ch. 72-404, also eff. 1-1-73, gives jurisdiction to the circuit court of "all felonies" as well as some misdemeanors. Fla. Stat. §
34.01, F.S.A., amended by § 9 of Ch....
CopyCited 35 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 417, 1994 Fla. LEXIS 1328, 1994 WL 469200
...§
26.012(2)(a), (c), (g), Fla. Stat. (1989). Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. §
34.01(4), Fla....
...ir meanings understandable; yet when taken together they are inconsistent. To accept the proposition that the exclusive jurisdiction given to circuit courts in section
26.012 constitutes the "otherwise restricted by the laws of Florida" contained in section
34.01(4) would render the latter section totally meaningless....
...gislative action useless.
95 Fla. at 207,
116 So. at 261. As a final point, we find that in construction lien foreclosures the central focus is on the actual debt owed and not the underlying securing property. Therefore, the monetary restrictions in section
34.01(1)(c)1.-4....
...it courts. 4. On or after July 1, 1992, of actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorney's fees, except those within the exclusive jurisdiction of the circuit courts. § 34.01(1), Fla....
CopyCited 25 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 8339, 1998 WL 210571
...a Judicial Nominating Commission. Finally, the Second Circuit Court is a trial court of general
jurisdiction, see Fla. Const. art. V § 6; Fla. Stat. §
26.012, while the Leon County Court is a trial
court of limited jurisdiction, see Fla. Const. art. V § 5; Fla. Stat. §
34.01.
1
In a post-numbered multi-member district, each candidate runs for a specific (numbered)
"post"....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1204, 1986 Fla. App. LEXIS 8524
points out (Trawick, Fla.Prac. and Pro., Replevin, § 34-1 (1973)), Florida has provided for replevin without
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21990263
...he provision creating a private cause of action in state court applies to both computerized telephone calls and unsolicited fax advertisements. [7] County courts exercise the jurisdiction prescribed by general law. Art. V, § 6(b), Fla. Const. Under section 34.01(1)(c), Florida Statutes (2001), county courts have original jurisdiction over "all actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorney's fees, except those wit...
CopyCited 17 times | Published | Florida 1st District Court of Appeal | 1989 WL 106760
...plaintiff of the obligation to prove these allegations. We have also considered whether the trial court's order of dismissal is affirmable on the theory that the complaint does not meet the minimum jurisdictional requirements for the circuit court. Section
34.01(1)(c)2, Florida Statutes, provides that the county court has jurisdiction "of all actions at law in which the matter in controversy does not exceed the sum of $5,000, exclusive of interest, costs, and attorney fees." Section
26.012(2)(a...
CopyCited 17 times | Published | Court of Appeals for the Eleventh Circuit | 100 A.F.T.R.2d (RIA) 6600, 2007 U.S. App. LEXIS 26136, 2007 WL 3312294
which taxpayers can receive the credit under section 34: (1) Allowance. Except as provided in paragraph
CopyCited 16 times | Published | Court of Appeals for the Eleventh Circuit
...Judicial Nominating Commission. Finally, the Second Circuit Court
is a trial court of general jurisdiction, see Fla. Const. art. V § 6; Fla.
Stat. §
26.012, while the Leon County Court is a trial court of limited
jurisdiction, see Fla. Const. art. V § 5; Fla. Stat. §
34.01....
CopyCited 15 times | Published | Supreme Court of Florida | 1994 WL 261433
...services. The total bills for each patient ranged from $1,500 to $13,000, although the complaint did not allege the amount that the patients were overcharged. The complaint was filed in circuit court after July 1, 1990 but before July 1, 1992. Under section 34.01(1)(c)3, Florida Statutes (1991), the county court has original jurisdiction as to all causes of action accruing during that period if the amount in controversy does not exceed the sum of $10,000, exclusive of interest, costs, and attorney's fees....
CopyCited 15 times | Published | Florida 4th District Court of Appeal
...[8] That information was invalid. Since the first information the state filed did not show that jurisdiction was in the county court (the county court has criminal jurisdiction to try only misdemeanor cases, Article V, Section 6(3), Florida Constitution; Section 34.01, Florida Statutes (1973)), that court's dismissal of the information for lack of jurisdiction was proper....
CopyCited 14 times | Published | District Court, M.D. Florida | 1984 U.S. Dist. LEXIS 21060
years. Ind.Code Ann. § 34-1-2-2 (West 1983) (emphasis added). In construing § 34-1-2-2, "Indiana Courts
CopyCited 12 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 20156
423(l)(a) of the Criminal Code of Canada and Section 34(1) of the Food and Drug Act; (d) giving
CopyCited 12 times | Published | Supreme Court of Florida
...suggestion to the contrary in Tucker v. Walker,
335 So.2d 636, 638 (Fla. 2d DCA 1976), cert. denied,
341 So.2d 1086 (Fla. 1977), and in the footnotes in the district court's opinion on rehearing in this proceeding.
341 So.2d at 778 n. 1, 2. [5] See §
34.01(1), Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 110
...lonies and ... all misdemeanors arising out of the same circumstances as a felony which is also charged." §
26.012(2)(d), Fla. Stat. (1981). County courts have original jurisdiction over "all misdemeanor cases not cognizable by the circuit courts." §
34.01, Fla....
CopyCited 9 times | Published | Supreme Court of Florida
...And that he is not lawfully punishable being guilty of neither a felony, not subject to imprisonment in a state penitentiary, nor a misdemeanor inasmuch as the circuit court sentenced him only for contempt. This contention is based obviously on the application of §
34.01(4), Florida Statutes, F.S.A., which gives the county court jurisdiction of misdemeanors and on §
944.40, Florida Statutes, F.S.A., which sets a penalty for escape from a confinement on a charge or conviction of either a felony or a misdemeanor....
CopyCited 9 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4687
...of all actions at law in which the matter in controversy does not exceed the sum of two thousand five hundred dollars ($2,500.00) exclusive of interest and costs, except those within the exclusive jurisdiction of the circuit courts... . This constitutional provision was implemented through the enactment of section 34.01, Florida Statutes (1975), which reads in pertinent part: (1) County courts shall have original jurisdiction......
...a judgment in excess of $2,500, exclusive of costs and interest. It should be noted that the problem encountered here is resolved as to actions at law filed on and after October 1, 1977. By chapter 77-135, Laws of Florida, effective October 1, 1977, section 34.01(1), was amended to vest jurisdiction in the county courts over actions at law in which the matter in controversy does not exceed the sum of $2,500, exclusive of interest, costs and attorneys' fees....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22970976
...Based upon the Dean Witter 1997 annual summary statement that appears in our record, it appears that many of these individual claims would not be sufficient in size to invoke the jurisdiction of circuit court and that they would need to be handled individually in county court. See art. V, § 6(b), Fla. Const.; § 34.01(1)(c)(4), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2007 WL 101216
..."For purposes of subject matter jurisdiction, the circuit courts of Florida have jurisdiction over any action at law in which the matter in controversy exceeds $15,000, exclusive of interest, costs, and attorney's fees." Allen v. Walker,
810 So.2d 1090, 1092 (Fla. 4th DCA 2002); see §
26.012(2)(a), Fla. Stat. (2005); §
34.01(1)(c), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...A circuit court has jurisdiction of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged. §
26.012(2)(d), Fla. *308 Stat. (1981). A county court has jurisdiction over all misdemeanor cases not cognizable by the circuit courts. §
34.01(1)(a), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1461
...WENTWORTH and JOANOS, JJ., concur. NOTES [1] Although no issue has been raised as to the jurisdiction of the circuit court over an action for possession of the premises, we observe that the circuit court properly assumed jurisdiction, notwithstanding the provisions of Section 34.011(2), Florida Statutes, providing that the county court has exclusive jurisdiction of proceedings relating to the right of possession of real property, because the respective demands for damages by the parties exceeded the jurisdictional limit of the county court, see Section 34.01(1)(c)2, Florida Statutes, and because the tenant's suit for injunctive relief was triable in circuit court....
...3d DCA 1983) (circuit court had jurisdiction over a landlord and tenant action because tenant's claim for damages in excess of $5,000 met the good faith test to invoke the jurisdiction of the circuit court); Redding v. Stockton, Whatley, Davin & Co.,
488 So.2d 548 (Fla. 5th DCA 1986) (section
34.011(2), relating to the county court's jurisdiction in possessory actions, excepts from that court's jurisdiction all cases in equity)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1998 WL 2430
...State,
396 So.2d 1153, 1154 (Fla. 2d DCA 1981)("We construe section
26.012(2)(d), to mean that the circuit court has jurisdiction over a misdemeanor only when the misdemeanor and the felony arising out the same circumstances are committed by the same person."). Further, section
34.01(1)(a), Florida Statutes (1993) gives county courts original jurisdiction "[i]n all misdemeanor cases not cognizable by the circuit courts." Under section
26.012(2)(d), where a felony charge and a misdemeanor charge arise from the same c...
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1993 WL 63493
...Section
713.22(1) provides that a lien is not enforceable after one year from the recording of the claim of lien "unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction." Effective October 1, 1990, the legislature promulgated Section
34.01(4) which specifically states that: Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 1999 CCH OSHD 31, 868, 1999 U.S. App. LEXIS 16539, 80 Fair Empl. Prac. Cas. (BNA) 778
age discrimination in employment, Ga.Code Ann. § 34-1-2, Reilly .sought to amend his complaint to add
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1993 WL 259094
...Circuit courts have jurisdiction in all cases in equity. See State ex rel. Landis v. Circuit Court for Eleventh Judicial Circuit of Florida,
102 Fla. 112,
135 So. 866 (1931); §
26.012(2)(c), Fla. Stat. (1991). Certainly county courts, since the 1990 amendment to section
34.01, Florida Statutes, have jurisdiction to consider matters cognizable in equity in cases over which the county court otherwise has jurisdiction....
...That statute provides: (4) Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. I note an obvious tension between section
34.01 and section
26.012(2)(c), Florida Statutes, which provides that circuit courts have exclusive jurisdiction in all cases in equity. See Spradley v. Doe,
612 So.2d 722 (Fla. 1st DCA 1993). However, there is no reason to interpret section
34.01(4) so broadly as to deprive circuit courts of jurisdiction to hear a class action lawsuit simply because none of the individual claims would be large enough to sustain circuit court jurisdiction if there were no class. Additionally, the use of "may" in section
34.01(4) supports the view that the legislature did not intend to deprive circuit courts of existing jurisdiction by recognizing that there are appropriate instances where county courts may exercise incidental equity jurisdiction....
...rcuit courts of otherwise recognized jurisdiction would require a clear statement to that effect. Cf. English v. McCrary,
348 So.2d 293 (Fla. 1977). But see Spradley. NOTES [1] The suit was commenced after July 1, 1990 but before July 1, 1992. Under section
34.01(1)(c)3, Florida Statutes (1991), the county court has exclusive jurisdiction of causes of action accruing during that period in which the amount in controversy does not exceed the sum of $10,000....
...to meet the jurisdictional minimum. But subject matter jurisdiction and the requirements for class action treatment are entirely separate concepts. The mere fact that the latter is satisfied does not assure the former. Moreover, there is nothing in section 34.01(4), Florida Statutes (1991), that purports to obliterate the distinction between subject matter jurisdiction and class action treatment on equitable grounds. The mere fact that the class action device originated in equity hardly yields the conclusion that all class actions are inherently within a court's equitable jurisdiction. Even if it did, the real meaning of section 34.01(4) is that the county court has exclusive jurisdiction over the equitable aspects of any claim not exceeding $10,000 accruing during the applicable time period....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...er of the circuit court transferring a personal injury action from the circuit court to the county court upon the ground that the amount claimed in good faith does not reach the jurisdictional limit of the circuit court. See Fla. Stat. §
26.012 and §
34.01....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Therefore, Stanley Worley's conviction and sentence is affirmed. Bruce Worley argues that the circuit court was without jurisdiction to try him on the misdemeanor charge. We agree. The county court has jurisdiction in all misdemeanor cases not cognizable in the circuit court. Section 34.01, Florida Statutes (1979)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 8235, 2002 WL 1285451
...0 jurisdictional amount required for circuit court jurisdiction. Section
26.012(2), Florida Statutes (1999), provides, in pertinent part, that circuit courts have jurisdiction in civil cases in all actions at law not cognizable by the county courts. Section
34.01(1)(c)4., Florida Statutes, states, in pertinent part, that county courts have jurisdiction over civil actions in which the amount in controversy "does not exceed the sum of $15,000 exclusive of interest, costs, and attorney's fees." Thu...
...ing Re/Max to a 5% late fee immediately upon Becker's failure to pay each installment within 10 days of each due date. These late fees constituted an integral part of the damages due Re/Max under the note and are not excluded under the provisions of section 34.01(1)(c)4....
...We note that federal courts, interpreting language in 28 U.S.C. § 1332 (1999)("The district courts shall have original jurisdiction of all civil matters where the matter in controversy exceeds the sum or value of $75,000, exclusive *890 of interest and costs ....") similar to section 34.01(1)(c)4., have held that the amount of interest due under a note, prior to maturity, is included as a part of the amount in controversy for jurisdictional purposes....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 1999 WL 506716
Georgia's age discrimination statute, Ga.Code. Ann. § 34-1-2, violated public and private duties owed by Alcan
CopyCited 5 times | Published | Supreme Court of Florida
...The county court denied the motion to dismiss and expressly held that *668 chapter 318 was not in violation of the "separation of powers requirement of the Constitution of the State of Florida," and that county courts had jurisdiction to hear these cases pursuant to section 34.01(2), Florida Statutes (1977)....
...This is an impossible and illogical result which was never intended by the legislature by its enactment of a modern alternative to the traditional procedures previously used in handling these types of traffic offenses. The jurisdiction of county courts is set forth in section 34.01(1), Florida Statutes (1977), which provides: County courts shall have original jurisdiction in all misdemeanor cases not cognizable by the circuit courts, of all violations of municipal and county ordinances, and of all actions at law i...
...they did not add or take away any jurisdiction from the judicial branch but only changed its character from criminal to civil. We hold that noncriminal traffic infraction cases prescribed by chapter 318 are civil actions at law within the meaning of section 34.01(1), Florida Statutes (1977)....
...While it is true that jury trials were provided for prior to the enactment of Florida's decriminalization law, the right was a statutory one only; it has never been, and is not now, a constitutionally required right. In conclusion, we hold that the county courts of this state have jurisdiction pursuant to section 34.01, Florida Statutes (1977), to hear and adjudicate traffic infraction cases within the meaning and intent of chapter 318, Florida Statutes (1977)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 19019
...In Florida, matters in equity have historically been heard only in circuit courts. Section
26.012(2)(c), Florida Statutes (1989), provides that circuit courts "shall have exclusive original jurisdiction * * *... [i]n all cases in equity." (Emphasis added.) Effective October 1, 1990, however, the legislature amended Section
34.01, Florida Statutes, relating to county court jurisdiction, to allow county court judges to "hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. " (Emphasis added.) §
34.01(4), Fla....
...90-269, § 3, at 1973-74, Laws of Fla. Unfortunately, the legislature failed to amend section
26.012 by deleting the provisions therein, which stated that the circuit courts have exclusive equitable jurisdiction. Thus, because the grant of equity jurisdiction to county courts in section
34.01(4) is restricted by section
26.012(2)(c), vesting equitable matters exclusively in the circuit courts, an irreconcilable inconsistency exists between the two statutes....
...1976), and appeal denied,
429 U.S. 1032,
97 S.Ct. 723,
50 L.Ed.2d 743 (1977). The clear intent of the legislature was to expand county court jurisdiction over certain specified equitable matters. This intent is reflected not only by the express language employed in section
34.01(4), but as well by the title to Chapter 90-269, Laws of Florida, [2] and the amendment to section
86.011. Section
34.01(4) is clearly consistent with the expressed legislative purpose, and, because it is the last expression of legislative will, [3] it should prevail. We therefore construe section
34.01(4) as granting equitable jurisdiction to county courts over matters within those courts' jurisdictional amounts, despite the existence of the patent inconsistency in section
26.012(2)(c)....
...Appellant also correctly contends that the circuit court lacked jurisdiction based upon the amount in controversy. Circuit courts have jurisdiction over "actions at law not cognizable by the county courts." §
26.012(2)(a), Fla. Stat. (1989). When the legislature amended section
34.01 to allow the county courts to hear matters in equity, it also amended the statute by increasing the jurisdictional amount of county courts to $10,000 in actions accruing after July 1, 1990, but before July 1, 1992. §
34.01(1)(c)(3), Fla....
...NOTES [1] 19 Fla.Jur.2d Declaratory Judgments § 5 (1980). [2] The title to chapter 90-269 states the act provides "that a county court may hear all matters in equity that are within jurisdictional amount." [3] Although section
26.012 has been amended since the October 1, 1990 amendment to section
34.01, such amendment merely increased circuit court jurisdiction to include denials of refunds in tax assessment cases. Ch. 91-112, § 5, at 1134, Laws of Fla. As such, the amendment to section
26.012 in no way impacts upon the county courts' jurisdiction, as provided in section
34.01.
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 22 Fla. L. Weekly Fed. B 77, 2009 Bankr. LEXIS 2374, 2009 WL 2710266
Contract. (J. Ex. 239, Trade Contract Agreement, § 34.1.) To establish a breach of contract under Florida
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2457
...The trial court entered its order dismissing the complaint in that $3,100 was "not within the jurisdictional limits of the circuit court." Aysisayh's motion for rehearing, alleging that the $50,000 damages claim placed the case within the circuit court's jurisdiction, was denied without comment. Section 34.01(1)(c)2, Florida Statutes (1985), provides that "county courts shall have original jurisdiction as to causes of action accruing on or after July 1, 1980, of all actions at law in which the matter in controversy does not exceed the sum of $5,000......
CopyCited 3 times | Published | Supreme Court of Florida | 2008 WL 4346396
...0.371." Advisory Opinion to the Attorney Gen. re Referenda Required for Adoption & Amendment of Local Gov't Comprehensive Land Use Plans,
963 So.2d at 219 n. 8 (Bell, J. dissenting) (citing art. V, §§ 5-6 Fla. Const.; §
26.012, Fla. Stat. (2006); §
34.01, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14080
...relief, regardless of the amount in controversy. See Baldwin Sod Farms, Inc. v. Corrigan,
746 So.2d 1198, 1202 (Fla. 4th DCA 1999) ("county courts and circuit courts have concurrent jurisdiction over matters in equity, including injunctions"). Under section
34.01(4), Florida Statutes, county courts "may" hear matters in equity involving sums within the jurisdictional *1267 amount of the county court....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 420478
...ranscript that misdemeanor DUI was charged. Furthermore, it should be noted that the traffic citation designated the county court as the court for appearance, and it is undisputed that county courts have exclusive jurisdiction over misdemeanors. See § 34.01(1)(a), Fla....
CopyCited 3 times | Published | Supreme Court of Florida
...shall have jurisdiction now exercised by ... municipal courts and courts of chartered counties, including but not limited to the counties referred to in article VIII, sections 9, 10, 11, and 24 of the Constitution of 1885." Pursuant to that mandate, section 34.01, Florida Statutes (1979), styled "Jurisdiction of county court," expressly so provides in subsection (2)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...The tenant brought this action in circuit court seeking: (a) compensatory and punitive damages; (b) possession; and (c) an injunction. The trial court dismissed the case stating that it was a landlord and tenant action which properly belonged in county court. We reverse. As to the claim for monetary relief, Section 34.011(1), Florida Statutes (1979) provides: The county court shall have jurisdiction concurrent with the circuit court to consider landlord and tenant cases involving claims in amounts which are within its jurisdictional limitations. At the time the cause of action accrued, the circuit court had jurisdiction over causes of action where the sum in controversy exceeded $5,000. § 34.01(1)(c) 2, Fla....
...The $5,000 demand for compensatory and punitive damages in the present case met the good faith test so as to invoke the jurisdiction of the circuit court. [1] Dade County v. Lambert,
334 So.2d 844 (Fla. 3d DCA 1976). *959 Plaintiff next alleges that he has a right to be restored to possession. Section
34.011(2), Florida Statutes (1979) provides: The county court shall have exclusive jurisdiction of proceedings relating to the right of possession of real property and to the forcible or unlawful detention of lands and tenements, except as provided in s....
...We must conclude that a residential tenant seeking to be restored to possession must file a suit in ejectment, pursuant to Chapter 66, Florida Statutes (1979). Clearly, however, an action in ejectment falls within the jurisdiction of the circuit court. §§
34.011(2) and
26.012(2)(f), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 1191513
...tory 3-day notice as required under the terms of the lease; and that Corrigan failed to properly serve Baldwin with the notice to cure default and to give Baldwin 30 days to cure default as required by ¶ 30 of the lease. Subject matter jurisdiction Section 34.011, Florida Statutes, provides that: (1) The county court shall have jurisdiction concurrent with the circuit court to consider landlord and tenant cases involving claims in amounts which are within its jurisdictional limitations.......
...ful detention of lands and tenements, except that the circuit court also has jurisdiction if the amount in controversy exceeds the jurisdictional limits of the county court or the circuit court otherwise has jurisdiction as provided in s.
26.012.... Section
34.01(4), Florida Statutes (1997), provides that county court judges may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise provided by Florida law....
...§
26.012(2)(a), (c), Fla. Stat. (1997) Baldwin submits that the circuit court lacked subject matter jurisdiction because the amended complaint did not seek damages and did not allege that the amount in controversy exceeded $15,000 the jurisdictional amount specified in §
34.01(1)(c)4, Florida Statutes....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 13888, 2004 WL 2101997
...poena. [2] Sirgany contends in its prohibition petition that the circuit court does not have jurisdiction of the Inspector General's subpoena enforcement action. Sirgany bases its argument on Article V, section 20(c)(4), Florida Constitution, and on section 34.01(a), Florida Statutes (2003), both of which provide that the county courts shall have original jurisdiction of all violations of municipal and county ordinances....
CopyCited 2 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 38498, 2015 WL 1403936
...See generally Doc. 2. She alleges, “[t]his is an action for damages in *1342 excess of $15,000.” Doc. 2 ¶ 1; see Fla. Stat. §
26.012 (2)(a) (providing jurisdiction of circuit courts over all cases not cognizable by county courts); Fla. Stat. §
34.01 (l)(c) (providing jurisdiction of county courts over cases in which amount in controversy does not exceed $15,000)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 3334981, 2013 Fla. App. LEXIS 10240
...lation by the parties). A shift to these rules, however, is not a change of “jurisdiction” or a transfer to another court. 2 At all times, the proceeding is filed in county court under the jurisdictional rules govern *1018 ing county courts. See § 34.01, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Article V, Section 6(b) provides that County Courts shall have uniform jurisdiction throughout the State and that such jurisdiction shall be as prescribed by general law. Pursuant to this constitutional mandate, the Legislature has described the jurisdiction of County Courts in Section 34.01, Florida Statutes (Supp....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2000 U.S. App. LEXIS 18975, 79 Empl. Prac. Dec. (CCH) 40, 253, 2000 WL 1099171
Georgia’s age discrimination statute, Ga.Code. Ann. § 34-1-2, violated public and private duties owed by Alcan
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...State,
359 So.2d 18 (Fla. 2d DCA 1978). Kent alleged, however, that the circuit court in which the Bank filed its suit was without subject matter jurisdiction because the claim was for less than $2,500. Art. V, § 5(b), Fla. Const.; §§
26.012(2)(a),
34.01(1), Fla. Stat. (1977). We assume that the Bank filed its suit in the circuit court in good faith on the basis that attorney's fees which it sought would be included in the jurisdictional amount. They are not, however. §
34.01(1), id....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1997 WL 148667
...In addition to misdemeanors and traffic offenses, county courts are now resolving virtually all landlord/ tenant claims and many insurance claims, including almost all personal injury protection claims. The monetary jurisdiction of county court has increased dramatically since 1973. See § 34.01(1)(c), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 5746, 2009 WL 1346129
...Instead of filing its amended complaint in county court, DNA filed it in circuit court. However, county courts have exclusive jurisdiction over actions in law not exceeding $15,000, unless the action is within the exclusive jurisdiction of the circuit court. § 34.01(1)(c), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 2705386, 2017 Fla. App. LEXIS 9134
...Appellant brought his suit in the circuit court, but alleged in the first paragraph of his complaint that, “This is an action for damages for a sum within the jurisdictional limits of this court, to wit: $15,000.00, pursuant to Article V § 6, § 20(c)(4), Florida Constitution ánd §
34.01, Florida Statutes (2014).” Later in his complaint, Appellant sought damages in the amount of $22:48 to replace his property allegedly taken by DOC employees and $17.50 for “Paper, Copies, and U.S. Postage.” Without question, the specific amount of damages alleged is far below the jurisdictional threshold for the circuit court, pursuant to sections
26.012(2)(a) and
34.01(1)(c), Florida Statutes. The complaint quotes Article V, sections 6 and 20(c)(4) of the Florida Constitution, as well as section
34.01, Florida Statutes, all of which refer to county courts or their jurisdiction....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 WL 3291766, 2014 Fla. App. LEXIS 10515
...11
....
(g) In all actions involving the title and boundaries of real property.
(emphasis added).
Prior to 1990, county courts had no jurisdiction over cases in equity.
However, in 1990, the legislature amended section 34.01 of the Florida statutes by
adding subsection (4). Subsection (4) grants, to a limited degree, equitable
jurisdiction to county courts. Specifically, subsection 34.01(4) provides: “Judges
of county courts may hear all matters in equity involved in any case within the
jurisdictional amount of the county court [$15,000 or less], except as otherwise
restricted by the State Constitution or the laws...
...the case is below the jurisdictional monetary amount, understandably created
confusion regarding the circuit and county courts’ jurisdiction over equitable
matters. To resolve the confusion and potential conflict between section
26.012(2)(c) and section
34.01(4), the Florida Supreme Court held in Alexdex that
“it is clear that in 1990 the legislature amended chapter 34 to grant limited equity
jurisdiction to the county courts....
...able; yet when taken together
they are inconsistent. To accept the proposition that the exclusive
jurisdiction given to circuit courts in section
26.012 constitutes the
“otherwise restricted by the laws of Florida” contained in section
34.01(4) would render the latter section totally meaningless.
Therefore, in order to give each statute its full effect, we conclude
that the legislature intended to provide concurrent equity jurisdiction
in circuit and...
...mere surplusage.’” (quoting Am. Home Assur. Co. v. Plaza Materials Corp.,
908
So. 2d 360, 366 (Fla. 2005))).
It is clear that the equity jurisdiction of the county courts must yield to a
specific grant of equitable jurisdiction to the circuit courts. §
34.01(4) (“Judges of
county courts may hear all matters in equity involved in any case ....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Georgia’s age discrimination statute, Ga. Code. Ann. § 34-1-2, violated public and private duties owed by
CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida
and explained his mistake to the trustee at the § 34.1 meeting.73 The court held that the debtor’s conduct
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 40358, 1995 Fla. App. LEXIS 791
...that order. It found that the amount in controversy was within the jurisdictional limit of the county court, not the circuit court, and dismissed the case for lack of subject matter jurisdiction without prejudice for it to be filed in county court. Section 34.01(1)(c), Florida Statutes (1993), provides in pertinent part that county courts have jurisdiction over a cause of action accruing before July 1, 1990, if the amount in controversy does not exceed $5,000....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 462039
...not mandatory. Petitioners then filed their joint petition for writ of prohibition in the circuit court. The circuit court denied the petition, concluding that the aggregation of claims is permissive rather than mandatory. Petitioners timely appeal. Section
34.01(1)(c), Florida Statutes, gives county courts original jurisdiction "[o]f all actions at law in which the matter in controversy does not exceed the sum of $15,000, exclusive of interest, costs, and attorneys fees. . . ." The circuit court has jurisdiction of all matters when the amount in controversy exceeds $15,000. See Art. V, § 20(c)(3), Fla. Const.; §§
26.012(2)(a),
34.01(1)(c), Fla....
...However, notwithstanding the bona fides of the plaintiff's demand at the time of institution of suit, as a matter of judicial power the county court is precluded from entering a judgment for damages in excess of its mandated jurisdiction. White v. Marine Transp. Lines, Inc.,
372 So.2d 81, 84 (Fla.1979); see also §
34.01(1)(c), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 373225
..."Subject matter jurisdiction the `power of the trial court to deal with a class of cases to which a particular case belongs' is conferred upon a court by constitution or by statute." Strommen,
927 So.2d at 179 (quoting Cunningham v. Standard Guar. Ins. Co.,
630 So.2d 179, 181 (Fla.1994)). Pursuant to section
34.01(1)(c), Florida Statutes (2007), jurisdiction properly lies in the county court for all actions at law in which the matter in controversy "does not exceed the sum of $15,000, exclusive of interest, cost, and attorney's fees." Claims may...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 19684, 2014 WL 6775259
...county court is precluded from entering a judgment for damages in excess
of its mandated jurisdiction.” White v. Marine Transp. Lines, Inc.,
372 So.
2d 81, 84 (Fla. 1979). Since 1992, the county court has had jurisdiction
to hear matters in controversy not exceeding $15,000. §
34.01(1)(c), Fla.
Stat....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1987 U.S. App. LEXIS 10286, 44 Empl. Prac. Dec. (CCH) 37, 396, 44 Fair Empl. Prac. Cas. (BNA) 761
Discrimination in Employment statute, O.C.G.A. § 34-1-2. The district court held that neither the Charter
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 957594
...(2003) (emphasis added). The county court has jurisdiction over traffic violations. See Nettleton v. Doughtie,
373 So.2d 667 (Fla.1979) (explaining that decriminalization of traffic infractions did not remove county court jurisdiction over traffic violations); §
34.01(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6050
...at in the case of the following courts of limited jurisdiction the legislature has found it appropriate to make a specific grant of the jurisdiction to issue writs of garnishment: Civil Courts of Record, F.S. § 33.02(1), F.S.A.; County Courts, F.S. § 34.01(5); Justice of Peace, F.S....
CopyPublished | Florida 4th District Court of Appeal
...is a question of law
reviewed de novo.” Sanchez v. Fernandez,
915 So. 2d 192, 192 (Fla. 4th
DCA 2005).
County courts have original jurisdiction of “all actions at law in which
the matter in controversy does not exceed the sum of $15,000.” §
34.01(1)(c), Fla....
CopyAgo (Fla. Att'y Gen. 1996).
Published | Florida Attorney General Reports
that used for any other ordinance violation.2 Section
34.01(1)(b), Florida Statutes, places original jurisdiction
CopyPublished | Supreme Court of Florida
...and clarify the presumption of a need for an additional judgeship in
any district court of appeal.
Finally, we adjust monetary amounts included in subdivision
(b)(1)(A) to reflect the current county and circuit courts’ civil
jurisdiction. See § 34.01, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1979 Fla. App. LEXIS 16057
...Therefore, the most appellant could be charged with was battery, a first-degree misdemeanor. Section
784.03(2). Because no other felony was joined with the battery charge, the county court, not the circuit court, has jurisdiction over the appellant. Section
26.012(2)(d), Florida Statutes (1977); Section
34.01(1), Florida Statutes (1977)....
CopyPublished | Florida 4th District Court of Appeal
See Fla.Const. Art. V, § 20(c)(4); Fla.Stat. §
34.01(1), F.S.A. Florida Transition Rule 4(2). Appellant
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 10327, 1993 WL 406627
...e jurisdictional limit; consequently, the action should have been transferred to County Court. Occidental Life Ins. Co. of Cal. v. Hernandez,
377 So.2d 808 (Fla. 3d DCA 1979); Emery v. Int’l Glass & Mfg. Inc.,
249 So.2d 496 (Fla. 2d DCA 1971); §
34.01(l)(c)2, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 1993 WL 406628
...Eventually, the trial court entered a default and default judgment. The trial court denied the owner's motion to set aside the default and default judgment, and this appeal has followed. The initial issue which must be confronted is whether the trial court had jurisdiction. Effective October 1, 1990, section 34.01, Florida Statutes, provides, in part: 34.01 Jurisdiction of County Court. ... . (4) Judges of county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court, except as otherwise restricted by the State Constitution or the laws of Florida. § 34.01(4), Fla....
...We see no way to distinguish the condominium lien foreclosure proceeding involved in the present case from the construction lien involved in Nachon. [1] Because the amounts at issue in this case were within the jurisdictional limit of the county court, see § 34.01, Fla....
...[2] NOTES [1] The trial court did not have the benefit of the Nachon decision at the time of the rulings below. [2] We urge the legislature to take action to correct the conflict now existing between paragraph
26.012(2)(c), Florida Statutes (1991), and subsection
34.01(4), Florida Statutes (1991)....
CopyPublished | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2480, 1985 Fla. App. LEXIS 16641
...ed below when he failed to file a timely demand for same under Fla.R.Civ.P. 1.430(b), the cause became a new action when the complaint was amended, with leave of court, to allege damages in excess of the jurisdictional limit of the county court, see § 34.01(l)(c)2, Fla....
CopyPublished | Florida 2nd District Court of Appeal
Martin interpreted Indiana Code section 34-1-2-1, a prior version of section 34-11-2-7(4)
CopyPublished | Supreme Court of Florida
...Chapter 2019-58, Laws of Florida, increased the maximum dollar amount in
controversy of cases under the jurisdiction of county courts. 3 The Legislature took
a phased approach to the implementation of this amendment. Effective January 1,
3. Section 34.01(1)(c), Florida Statutes (2019), states that county courts
shall have original jurisdiction:
Of all actions at law, except those within the exclusive jurisdiction of
the circuit courts, in which the matter in controversy doe...
CopyPublished | Supreme Court of Florida
...Because the
amendments were not published for comment prior to their adoption, interested
persons shall have seventy-five days from the date of this opinion in which to file
comments with the Court.8
6. See ch. 2019-58, § 9, Laws of Fla. (amending § 34.01, Fla....
CopyPublished | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1282, 1985 Fla. App. LEXIS 14036
...Petitioners seek to prohibit further proceedings below, contending that the court is proceeding in excess of its jurisdiction because it is attempting to enforce a county ordinance, and that jurisdiction to do so lies exclusively within the jurisdiction of the county court. Petitioners rely upon section 34.01(1)(b), Florida Statutes (1985), and Winn-Dixie Stores v....
CopyPublished | District Court of Appeal of Florida
Statutes (1975) (Jurisdiction of Circuit Court); Section
34.01, Florida Statutes (1975) (Jurisdiction of County
CopyPublished | Florida 5th District Court of Appeal
...awarded exceeded the county court’s jurisdictional limit. When
this action was filed, the county court had jurisdiction over actions
at law “in which the matter in controversy does not exceed,
exclusive of interest, costs, and attorney’s fees . . . the sum of
$30,000.” § 34.01(1)(c)2., Fla....
...Lines, Inc.,
372 So. 2d 81, 84 (Fla.
1979). A judgment in excess of the county court’s
jurisdictional limit is void. Louisville & N.R. Co. v. Sutton, 44
1 For county court actions filed after January 1, 2023, the
jurisdiction limit is $50,000. §
34.01(1)(c)3., Fla....
CopyPublished | Florida 3rd District Court of Appeal
...w.” At
the time this action was filed, the county court had original jurisdiction over
“[a]ll actions at law in which the matter in controversy does not exceed the
sum of $15,000, exclusive of interest, costs, and attorney’s fees . . . .” §
34.01(1)(c), Florida Statutes (2017).
CarMax agrees that the final judgment exceeds $15,000 but argues
the county court nevertheless had subject matter jurisdiction over this case
because section
713.78, Florida Statutes (2017), explicitly provides that
towing actions be filed in county court....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 7768, 1997 WL 374362
...counts). Therefore, the Circuit Court is directed to transfer this case for trial in the County Court which would have jurisdiction over the remaining breach of contract claim that involves a claim for damages which is not more than $15,000.00. See § 34.01(1)(4), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3924109, 2013 Fla. App. LEXIS 11986
...overage under the terms of the policy. Turning to the issue of the trial court’s subject matter jurisdiction, Elisias argues that the amount in controversy is under the $15,000.00 threshold required to invoke the jurisdiction of the circuit court. § 34.01(l)(c), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...tribunal has jurisdiction to determine.
(internal citations omitted).
Against this background, our legislature has vested county courts with
original jurisdiction “[i]n all misdemeanor cases not cognizable by the circuit
courts.” § 34.01(1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2014 WL 2957455, 2014 Fla. App. LEXIS 10122
...appears so to be.” Dep’t of Children & Families v. J.J.E.,
901 So. 2d 215,
216 (Fla. 5th DCA 2005) (citing English v. McCrary,
348 So. 2d 293, 297
(Fla. 1977)).
In the criminal context, this means circuit courts may hear all cases
except adult misdemeanor offenses. See §
34.01(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...A circuit court possesses subject-matter jurisdiction over an action at
law, filed on or after January 1, 2020, where the amount in controversy,
exclusive of interest, costs, and attorney fees, exceeds $30,000. §
26.012(2)(a), Fla. Stat.; §
34.01(1)(c)2., Fla....
CopyPublished | Florida 5th District Court of Appeal | 1993 WL 309054
...y court. If it exceeds the circuit court threshold, it belongs in circuit court. We also observe the practical benefit of aggregation. In the present case, for example, claims span a five year time period from 1987 to 1992. [2] For that time period, section 34.01 has three different jurisdictional maximums for county court depending on the exact date when the cause of action accrued....
CopyPublished | Florida 2nd District Court of Appeal
...("The circuit courts shall have original jurisdiction not
vested in the county courts . . . . They shall have the power to issue
writs of mandamus, quo warranto, certiorari, prohibition and habeas
corpus, and all writs necessary or proper to the complete exercise of their
jurisdiction."); § 34.01, Fla....
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...rements of the act. There is nothing in the act to indicate that prosecution of businesses in violation of a local ordinance implementing the act's requirements would be handled in a manner different than that used for any other ordinance violation/ Section 34.01 (1)(b), F.S., places original jurisdiction in county courts for "all violations of municipal and county ordinances." Counties and municipalities have the option, however, to adopt, by ordinance, an alternate code enforcement system whic...
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 422, 41 Fla. L. Weekly Fed. D 158
...have little or no control over those actions.
-5-
Since 1990, county courts have had jurisdiction to "hear all matters in
equity," and they may handle foreclosure proceedings involving amounts within their
jurisdiction. § 34.01(4), Fla....
CopyPublished | Florida 1st District Court of Appeal
exclusive of interest and costs. See Fla.Stat. §
34.01. We find no error upon this point. Affirmed in
CopyPublished | Florida 3rd District Court of Appeal
property.”); §
34.01(1)(c), Fla. Stat. (2024) (setting jurisdictional limits of county courts); §
34.01(4), Fla
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 1775, 1992 WL 32823
...Accordingly, we reverse and remand for a new trial on both the claim in chief and the counterclaim. Because the record now demonstrates that Bello does not have a claim in which the matter in controversy exceeds $5,000, we direct the court on remand to transfer the action to county court. See § 34.01, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19331
PER CURIAM. The order of the trial court transferring this cause to the county court is REVERSED. §
26.012(2)(a), Fla.Stat. (Supp.1980); §
34.01 Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 685610, 2017 Fla. App. LEXIS 2315
...3d at 1092-93.
Furthermore, this violation resulted in a miscarriage of justice. See id.
First, the erroneous grant of prohibition impermissibly infringed on the county court's
lawful exercise of its jurisdiction, as defined by statute pursuant to article V, section 6(b),
of the Florida Constitution. See § 34.01(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2002 WL 246577
...[3] MRI Services notes that this is an equitable proceeding as no dollar amount was sought. MRI Services thus contends that the court vested with jurisdiction was the circuit court. In 1990, the legislature gave certain equitable powers to the county court. Section 34.01(4), Florida Statutes (1997), provides that county courts may hear all matters in equity involved in any case within the jurisdictional amount of the county court. As the amount in controversy in this case does not exceed $15,000, the county court had jurisdiction. § 34.01(1)(c)(4)....
CopyPublished | Florida 2nd District Court of Appeal
...Schell,
Assistant Attorney General, Tampa, for Appellee.
LABRIT, Judge.
This appeal raises a straightforward but seemingly unanswered
question: whether a county court may order restitution in a
misdemeanor case in an amount that exceeds the "matter in controversy"
limits for "actions at law" under section 34.01(1)(c), Florida Statutes
(2023)....
...Roy Knowles to pay $60,613 in restitution.
Without question, "the county courts of Florida are courts of limited
jurisdiction." White v. Marine Transp. Lines, Inc.,
372 So. 2d 81, 82 (Fla.
1979). Their jurisdiction is prescribed by law, see art. V, § 6(b), Fla.
Const., and section
34.01(1) lists four classes of cases over which a
county court may preside....
...If filed on or after January 1, 2023, the sum of $50,000.
....
(d) Of disputes occurring in the homeowners' associations as
described in s[ection]
720.311(2)(a), [Florida Statutes,]
which shall be concurrent with jurisdiction of the circuit
courts.
§
34.01(1).
Pertinent here, section
34.01 distinguishes between "misdemeanor
cases" in subsection (1)(a) and "actions at law" in subsection (1)(c)....
...It
also uses different language in each subsection to establish the
jurisdictional boundaries for each type of case. See id. Subsection (1)(a),
for example, vests county courts with jurisdiction over misdemeanor
cases, but only if such cases are "not cognizable by the circuit courts."
§ 34.01(1)(a); cf....
...misdemeanors arising out of the same circumstance as a felony which is
also charged"). Subsection (1)(c), on the other hand, grants county
courts jurisdiction over "actions at law," but only if the "matter in
controversy" does not exceed certain monetary amounts. § 34.01(1)(c).
These monetary constraints appear only in subsection (1)(c), and nothing
in subsection (1)(a) limits the restitution a county court may impose in a
misdemeanor case that falls within its jurisdiction. See § 34.01(1); see
also State v....
...1997) ("The
legislative use of different terms in different portions of the same statute
is strong evidence that different meanings were intended.").
This has to be the case. A misdemeanor case unaccompanied by a
related felony charge must be brought in county court. See §
34.01(1)(a);
§
26.012(2)(d); see also Barlow v....
...Knowles with one count of unlicensed
contracting—a misdemeanor under section
489.127(2)(a), Florida
Statutes (2023). Mr. Knowles was tried and convicted in county court,
and the court ordered him to pay the victim $60,613 in restitution.
These actions were within the county court's jurisdiction and authority,
see §
34.01(1)(a); §
775.089(1)(a), Fla. Stat. (2023), and the monetary
limits of section
34.01(1)(a) simply do not apply in this case.1
Affirmed.
BLACK and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.
1 We recognize Mr....
...2d DCA 2022).
There, we applied the longstanding principle that "[a] county court
judgment that exceeds the county court's prescribed jurisdictional limits
is void." Id. at 685 (citing White,
372 So. 2d at 83). But Exquisite Carpet
was a civil action for damages that was subject to the monetary limits of
section
34.01(1)(c). See id. at 684–85. Not so for Mr. Knowles'
misdemeanor case brought pursuant to section
34.01(1)(a)....
CopyPublished | Florida 2nd District Court of Appeal
...Schell,
Assistant Attorney General, Tampa, for Appellee.
LABRIT, Judge.
This appeal raises a straightforward but seemingly unanswered
question: whether a county court may order restitution in a
misdemeanor case in an amount that exceeds the "matter in controversy"
limits for "actions at law" under section 34.01(1)(c), Florida Statutes
(2023)....
...Roy Knowles to pay $60,613 in restitution.
Without question, "the county courts of Florida are courts of limited
jurisdiction." White v. Marine Transp. Lines, Inc.,
372 So. 2d 81, 82 (Fla.
1979). Their jurisdiction is prescribed by law, see art. V, § 6(b), Fla.
Const., and section
34.01(1) lists four classes of cases over which a
county court may preside....
...If filed on or after January 1, 2023, the sum of $50,000.
....
(d) Of disputes occurring in the homeowners' associations as
described in s[ection]
720.311(2)(a), [Florida Statutes,]
which shall be concurrent with jurisdiction of the circuit
courts.
§
34.01(1).
Pertinent here, section
34.01 distinguishes between "misdemeanor
cases" in subsection (1)(a) and "actions at law" in subsection (1)(c)....
...It
also uses different language in each subsection to establish the
jurisdictional boundaries for each type of case. See id. Subsection (1)(a),
for example, vests county courts with jurisdiction over misdemeanor
cases, but only if such cases are "not cognizable by the circuit courts."
§ 34.01(1)(a); cf....
...misdemeanors arising out of the same circumstance as a felony which is
also charged"). Subsection (1)(c), on the other hand, grants county
courts jurisdiction over "actions at law," but only if the "matter in
controversy" does not exceed certain monetary amounts. § 34.01(1)(c).
These monetary constraints appear only in subsection (1)(c), and nothing
in subsection (1)(a) limits the restitution a county court may impose in a
misdemeanor case that falls within its jurisdiction. See § 34.01(1); see
also State v....
...1997) ("The
legislative use of different terms in different portions of the same statute
is strong evidence that different meanings were intended.").
This has to be the case. A misdemeanor case unaccompanied by a
related felony charge must be brought in county court. See §
34.01(1)(a);
§
26.012(2)(d); see also Barlow v....
...Knowles with one count of unlicensed
contracting—a misdemeanor under section
489.127(2)(a), Florida
Statutes (2023). Mr. Knowles was tried and convicted in county court,
and the court ordered him to pay the victim $60,613 in restitution.
These actions were within the county court's jurisdiction and authority,
see §
34.01(1)(a); §
775.089(1)(a), Fla. Stat. (2023), and the monetary
limits of section
34.01(1)(a) simply do not apply in this case.1
Affirmed.
BLACK and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication.
1 We recognize Mr....
...2d DCA 2022).
There, we applied the longstanding principle that "[a] county court
judgment that exceeds the county court's prescribed jurisdictional limits
is void." Id. at 685 (citing White,
372 So. 2d at 83). But Exquisite Carpet
was a civil action for damages that was subject to the monetary limits of
section
34.01(1)(c). See id. at 684–85. Not so for Mr. Knowles'
misdemeanor case brought pursuant to section
34.01(1)(a)....
CopyPublished | Florida 2nd District Court of Appeal | 1994 Fla. App. LEXIS 12567, 1994 WL 714400
...Nachon Enterprises, Inc.,
641 So.2d 858 (Fla. 1994). First, the court determined that an inconsistency existed between chapters 26 and 34 after the 1990 amendment to chapter 34. Section
26.012(2)(c) vests exclusive jurisdiction of matters in equity in the circuit courts. The later-enacted section
34.01(4), however, vests equitable jurisdiction in the *228 county court of cases within the jurisdictional amount of the county court, “except as otherwise restricted by the State Constitution or the laws of Florida.” Having noted the in...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 17108, 1999 WL 1243803
...r charges against him). Accordingly, the circuit court correctly concluded that the county court has jurisdiction to try Deel because the traffic cita *114 tions validly charged her with the misdemeanor offenses of DUI and refusal to sign a summons. § 34.01(l)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
to the clerk of the civil court of record. Section
34.01, F. S., statutorily established the jurisdiction
CopyPublished | Supreme Court of Florida
...(1968).
10 Padovano, Philip J., Functions of the Court, 2 Fla. Prac., Appellate Practice §
7:1 (2023 ed.).
11 Art. V, §§ 1, 5(a), Fla. Const. (1968).
12 See §
26.021, Fla. Stat. (2023); § 26.01, Fla. Stat. (1969).
13 §
26.012, Fla. Stat. (2023).
14 §
34.01, Fla....
...onal judges
under Article V, section 9 of the Florida Constitution, which requires the
Supreme Court to certify such need to the Legislature for further action. 19
15 Art. V, § 6(a), Fla. Const. (1968).
16 Art. V, § (6)(b), Fla. Const. (1968); § 34.01, Fla....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2518, 1986 Fla. App. LEXIS 10914
petition for certiorari on the ground that section 34.-01(c)2, Florida Statutes (1985), specifies that
CopyPublished | Supreme Court of Florida
...Need for
Additional Judges). See Fla. R. Jud. Admin. 2.140(g). We have jurisdiction. See
art. V, § 2(a), Fla. Const.
Amendments
Consistent with the amendment to the county court jurisdictional limit in
section 34.01, Florida Statutes (2018) made by chapter 2019-58, section 9, Laws of
Florida, we amend subdivision (b)(1)(A)(i) of rule 2.240 to replace the $15,000.01
minimum claim amount for a circuit court civil case referenced in that subdivision
with a $30,000.01 minimum claim amount....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...V, State Const., which prescribes that, until changed by general law consistent with the provisions of Art V, the county courts have original jurisdiction of all violations of municipal ordinances and the jurisdiction formerly exercised by the municipal courts (now abolished). Section 34.01 , F....
CopyPublished | Florida 4th District Court of Appeal
...class of cases to which a particular case belongs—is conferred upon a
court by constitution or by statute.” Ben-David v. Educ. Res. Inst., Inc.,
974 So. 2d 1138, 1139 (Fla. 3d DCA 2008) (citation and internal quotation
marks omitted). Pursuant to section
34.01, Florida Statutes (2023),
county courts have original jurisdiction in all actions at law “in which the
matter in controversy does not exceed, exclusive of interest, costs, and
attorney fees . . . , the sum of $50,000.” §
34.01(1)(c)3., Fla....
...Count one alleged
a principal balance due of $14,539.83; count two alleged a principal
balance due of $9,040.18; and count three alleged a principal balance due
of $6,876.45. Id. Notably, the jurisdictional limit of the county court at
the time was $15,000. See § 34.01(1)(c), Fla....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 16181
...We therefore agree with the appellant’s contention that the action was not within the jurisdiction of the Circuit Court. See Massachusetts Casualty Insurance Co. v. Johansen,
270 So.2d 397, 399 (Fla.3d DCA 1972), cert. denied,
277 So.2d 537 (Fla.1973). Under the provisions of Sec.
34.01, Fla.Stat....
...0, exclusive of interest, costs, and attorney’s fees, except those within the exclusive jurisdiction of the circuit courts. See White v. Marine Transport Lines, Inc.,
372 So.2d 81 (Fla.1979) and cases cited, arising under the prior version of Sec.
34.01 which provided for a $2,500 jurisdictional amount, exclusive of interest and costs, but not of attorney’s fees. As the court pointed out at
372 So.2d 84 : It should be noted that the problem encountered here is resolved as to actions at law filed on and after October 1, 1977. By chapter 77-135, Laws of Florida, effective October 1, 1977, section
34.01(1), was amended to vest jurisdiction in the county courts over actions at law in which the matter in controversy does not exceed the sum of $2,500, exclusive of interest, costs and attorneys’ fees, [emphasis, the court’s] The judgme...
CopyPublished | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 12152, 1993 WL 504431
...It relies upon sections
26.012(2)(c) and (g), Florida Statutes (1991) which provide that circuit courts shall have exclusive original jurisdiction in all cases in equity and in all actions involving the title and boundaries of real property (emphasis supplied). The problem in this case arises because section
34.01(4), Florida Statutes (1991) provides that county courts may hear all matters in equity involved in any case within their jurisdictional amount except as otherwise restricted by the State Constitution or the laws of Florida. Before the enactment *940 of section
34.01(4) on October 1, 1990, equity jurisdiction was exclusively in the circuit courts....
...ng circuit courts jurisdiction in "all actions involving the title, boundaries, or right of possession of real property" to "all actions involving the title and boundaries of real property." See §
26.012(2)(g), Fla. Stat. (1974 Supp). Additionally, section
34.01(4), Florida Statutes (1991), which expands the circuit courts' equity jurisdiction to include county courts, became effective October 1, 1990....
...The circuit court, however, granted appellee's motion to discharge the lien because appellant had not properly responded to its show cause action. The district court reversed the circuit court's order denying appellant's motion to dismiss appellee's complaint filed in that court. Relying upon section 34.01(4), Florida Statutes (1991), effective October 1, 1990, the court noted that county courts were now considered to be courts of competent jurisdiction to hear foreclosure actions which are equitable in nature. As previously discussed, section 34.01(4) provides that county court judges may hear all matters in equity involved in any case within the county court's jurisdictional amount except as otherwise restricted by the State Constitution or the laws of Florida....
...ed is ineffective because the action requires in rem court jurisdiction or jurisdiction over the county where the land lies. Nachon is not in conflict with Publix Super Markets. Significantly, Publix Super Markets was decided before the enactment of section 34.01(4) on October 1, 1990 which expanded the circuit courts' exclusive original jurisdiction in all equity actions to also include county courts....
...Title to real property is "[t]he right to or ownership in land." BLACK'S LAW DICTIONARY 1331 (5th ed. 1979). Because the boundaries to the property are not involved as in a quiet title or a partition action, the circuit court in the present case correctly relied upon Nachon [and section 34.01(4)] in dismissing appellant's complaint from the circuit court. Appellant's construction lien, in the amount of $757.05, is within the county court's jurisdictional limits of $15,000. See 34.01(1)(c)4., Fla....
CopyPublished | Florida 1st District Court of Appeal
...The county judge noted that the case was
pending in county court, that the amount in controversy did not
exceed $15,000.00, and that transfer within the county court —
from small claims to civil — was not available because a county
court hears both small claims and other civil claims up to
$15,000.00. See § 34.01(2)(c), Fla....
CopyPublished | Florida 4th District Court of Appeal
...subject matter jurisdiction to foreclose the Association’s lien.
“Judges of county courts may hear all matters in equity involved in any
case within the jurisdictional amount of the county court, except as
otherwise restricted by the State Constitution or the laws of
Florida.” § 34.01(4), Fla....
...or circuit court.” Alexdex Corp. v. Nachon Enters., Inc.,
641 So. 2d 858,
862 (Fla. 1994). “To accept the proposition that the exclusive jurisdiction
given to circuit courts in section
26.012 constitutes the ‘otherwise
restricted by the laws of Florida’ contained in section
34.01(4) would
render the latter section totally meaningless.” Id....
...ave
original jurisdiction over “all actions at law in which the matter in
controversy does not exceed the sum of $15,000, exclusive of interest,
costs, and attorney’s fees, except those within the exclusive jurisdiction
of the circuit courts.” §
34.01(1)(c), Fla. Stat. (2016) (emphasis added); Ch.
2019-58, § 9, Laws of Fla. (increasing monetary jurisdiction of county
courts for actions filed on or after January 1, 2020).
“[T]he monetary restrictions in section
34.01(1)(c) 1.–4. shall apply to
the amount of the lien without consideration to the value of the securing
property.” Alexdex,
641 So. 2d at 862. Because interest, costs, and
attorney’s fees are excluded from the amount in controversy, see §
34.01(1)(c), Fla....
...e lien exclusive of interest,
costs, and attorney’s fees. Although a claim of lien for assessments may
include reasonable attorney’s fees as part of the lien, the claim for
attorney’s fees is not a part of “the matter in controversy” under section
34.01(1)(c)....
...causes of action.
Here, the outstanding amount of assessments and late charges—
exclusive of interest, costs, and attorney’s fees—was under $15,000
throughout the entire foreclosure action. Because the amount in
controversy within the meaning of section 34.01(1)(c) was always under
$15,000, exclusive of interest, costs, and attorney’s fees, the county court
had subject matter jurisdiction over the lien foreclosure action.
The County Court was Permitted to Award the Association’s...
CopyPublished | Florida 3rd District Court of Appeal
...Analysis
We review whether a court has subject matter jurisdiction de novo.
Paul v. State,
233 So. 3d 1181, 1182 (Fla. 3d DCA 2017). Generally, circuit
courts have jurisdiction over felonies and county courts over misdemeanors.
§
34.01, Fla....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16720
garnishment actions in the county court. See Section
34.01, Florida Statutes (1977). This is particularly
CopyPublished | Supreme Court of Florida
...One of
the comments was filed by the Committee questioning the Court’s removal of
“Real property/Mortgage foreclosure” from the County Civil case types. See
Alexdex Corp. v. Nachon Enterprises, Inc.,
641 So. 2d 858 (Fla. 1994) (holding
2. See ch. 2019-58, § 9, Laws of Fla. (amending §
34.01, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1863, 1985 Fla. App. LEXIS 15170
...f a particular stipulation and final judgment involving these parties, which stipulation and judgment were in the circuit court in another case. The county court has exclusive jurisdiction over all cases where damages sought are less than $5,000.00. § 34.01, Fla.Stat....