8 Facts About the Legal System in Florida

You’ll face the legal system in traffic tickets, landlord disputes, criminal proceedings, or family law if you’re in Florida. It can feel distant, but it suddenly becomes very close when something happens. And to use it wisely, you need to know how it works.

The legal system in Florida often feels distant, technical, and opaque. People talk about it in a general way: “the courts,” “the judges,” “the laws.” But it’s a complex machine with many moving parts, and with real consequences for ordinary residents.

Here’s more about what you need to know.

1. Florida Has a Tiered Court Structure

Florida’s judiciary is organized into layers: county courts, circuit courts, district courts of appeal, and the Florida Supreme Court.

• County courts: handle misdemeanors, small civil disputes (cases under $50,000).
• Circuit courts: general jurisdiction, felonies, larger civil cases, family law, probate, juvenile matters.
• District Courts of Appeal: review decisions from circuit courts.
• Florida Supreme Court: the highest court in the state, with authority over certain direct appeals and rule‑making.

What it means to you: If your case starts in a county court, for example a traffic ticket, it might never escalate. But a felony, or a major civil case, goes to circuit and (if appeals) higher courts. You might not have direct access to the Supreme Court; it selects which appeals to hear.

2. The Florida Supreme Court Sets Procedural Rules and Regulates Lawyers

The Florida Supreme Court does more than hear cases. It writes the rules for civil and criminal procedure in all courts in Florida.

It also regulates attorney admission and discipline via The Florida Bar and the Board of Bar Examiners.

What it means to you: The court’s rule‑making determines the deadlines, forms, and process everyone from judges to pro se litigants must follow. If you break a procedural rule, your case might be dismissed even if your argument is sound.

3. Florida Still Uses Common Law (English Law)

Florida has a “receiving statute” (F.S. § 2.01) that adopts English common law (i.e., judge‑made law) as state law, so long as it does not conflict with the U.S. or Florida constitution or statutes.

In effect, the legal system is a hybrid: statutes (from the legislature) plus centuries of judicial decisions filling in gaps.

What it means to you: Some rights and legal concepts don’t live in statutes you can easily read, they are buried in prior court decisions. Lawyers argue over precedents. Your case might depend on how prior judges shaped doctrine, not just what the law text says.

4. Bail and Bond Law is Codified, and Strict

Florida has a statutory system governing bail, set in Chapter 903 of the Florida Statutes.

A defendant can satisfy bail by depositing cash or using a surety (bail bond).

If the defendant fails to appear, the bond is forfeited under strict rules.

What it means to you: If you’re arrested, bail might let you stay out of jail while your case proceeds. Companies like Bail Bonds Kissimmee can help. But missing court dates or violating bail conditions can cost you dearly, your bond is lost, or worse. You need to understand the terms you agree to when you or someone posts bond.

5. Forfeiture of Bail Bonds is Governed by Statute, not Discretion

If a defendant doesn’t show up, the bond is automatically forfeited (i.e., the surety or the person who paid is on the hook).

However, there are conditions that must be satisfied before forfeiture is valid:

• The state must file charges (information or indictment) within six months of arrest.
• The clerk must give notice to the surety at least 72 hours before appearance time (unless appearance is within 72 hours).
• The surety has 60 days to pay or challenge the forfeiture.
• If a bond is forfeited, a judgment may later be entered for its full face.

What it means to you: If you act responsibly (show up for court), you don’t lose your money. If you fail, the legal machinery can immediately take your bond without much room to argue. It’s not just about being late, it’s about strict compliance of statutory requirements.

6. Surety Bail bonds are a Three‑Party Contract, With Obligations

A surety bond involves three parties: (1) the defendant (principal), (2) the surety (the bond company or agent), and (3) the state (or court).

The surety guarantees that the defendant will appear. If not, the surety pays the court if forfeiture is declared.

Collateral may be required. Florida law governs how a bond agent handles collateral (e.g. fiduciary duty, separate accounts, return of collateral) via F.S. § 648.442.

If the surety wants to redeem (i.e. convert collateral to cash) after forfeiture, it must give 10 days’ written notice, and the expenses cannot exceed 20% of the bond face unless justified.

What it means to you: If you’re asked to post a bond or sign as surety, you can be personally liable. Collateral you turn over must be handled carefully. If the defendant skips, you may lose it.

7. Forfeiture Can be “Set Aside” or “Remitted” Under Strict Conditions

Even after forfeiture, the law allows courts to set aside or discharge the forfeiture, but only under statutory conditions, not general fairness.

One possibility: the defendant appears on the same day as required, and the court may waive the forfeiture.

Another: the surety may apply for remission (i.e. partial refund), if the surety substantially tries to return the defendant. The statute defines a sliding scale: e.g. 100% remission if defendant surrenders within 90 days, 95% within 180, etc.

What it means to you: If you or your agent errs, you may have an opportunity to undo or mitigate the financial loss, but only if you act fast and meet narrow statutory criteria.

8. The Florida Bar Supports Legal Aid Through IOTA Programs

The Florida Bar is not just a professional society. Through the Interest on Trust Accounts (IOTA) program, the bar generates funds from interest on lawyers’ client trust accounts and distributes grants for legal aid, scholarships, and public interest projects.

Additionally, the Legal Survival Guide is an initiative of The Florida Bar’s Law Related Education Committee, meant to explain Florida law to young people.

What it means to you: Even if you can’t afford a lawyer, some legal help might be available. The bar helps support pro bono work and public resources. It also works to educate citizens so you understand your rights.

Florida’s legal system isn’t some abstract entity. It is built of rules, precedent, statutes, and procedures, and every one of those threads can affect your life dramatically. Whether it’s a traffic stop, a contract, or a criminal charge, knowing these facts arms you.