In its last session, the Florida Legislature passed a law that changes the appellate jurisdiction of Florida’s circuit courts and District Courts of Appeal for certain types of cases. Codified here, the new rule went into effect on January 1, 2021, and strips the circuit court of appellate jurisdiction in some instances. In these instances, appeals will be required to be filed directly with the District Courts of Appeal. Notwithstanding, the circuit courts notably retain jurisdiction over certain cases, including, but not limited to, the following:
Importantly, the statute does not directly address extraordinary writs, such as a petition for writ of certiorari, which is the proper mechanism to appeal a zoning resolution. Although this new law creates a certain level of ambiguity regarding extraordinary writs, pursuant to the Florida Constitution, appellate rules, and case law, the circuit court appellate division is likely to retain jurisdiction over extraordinary writs, including appeals of zoning resolutions. We will continue to monitor legal developments that result from this change.