Florida/Georgia Personal Injury & Workers Compensation

...The court concluded, however, that a technical flaw in assignment does not strip a circuit court of subject matter jurisdiction over a cause which is expressly conferred by law. Thus, the First Judicial Circuit had subject matter jurisdiction over the cause, as Section 26.012(2)(d) provides that circuit courts shall have jurisdiction over all felony trials....

...ly reserved by the Constitution to circuit courts is jurisdiction, subject to change by general law, to entertain and decide "all cases involving legality of any tax assessment or toll." Article V, Section 20(c)(3), Constitution of Florida. See also Section 26.012(2)(e), Florida Statutes (1975)....

...Further, the State notes that venue is sufficiently proven if the jury can reasonably infer from the evidence that the crime occurred in the county where the trial occurs. [13] The circuit courts have exclusive original jurisdiction over all felonies. Art. V, § 5(b), Fla. Const.; § 26.012(2)(d), Fla....

...V, the circuit court in all circuits will have jurisdiction of all felonies. Fla. Const. art. V § 5(b), eff. 1-1-73, gives "jurisdiction not vested in the county courts" to the circuit courts. Fla. Const. art. V, § 6(b), gives the county courts "the jurisdiction prescribed by general law." Fla. Stat. § 26.012 amended by § 3 of Ch....

...ng is not a nullity and the judgment is not void. In this case the trial court had jurisdiction of the subject matter and of the parties. It had jurisdiction of the subject matter because it is a circuit court which has jurisdiction of all felonies. § 26.012(2)(d), Fla....

...not cognizable by the county courts; ... . (c) In all cases in equity including all cases relating to juveniles except traffic offenses as provided in chapters 39 and 316; ... . (g) In all actions involving the title and boundaries of real property. § 26.012(2)(a), (c), (g), Fla....

...ricted by the State Constitution or the laws of Florida. § 34.01(4), Fla. Stat. (Supp. 1990). Contrary to the court below, we believe that the foreclosure of a lien on real estate involves "the title and boundaries of real property" as set forth in section 26.012(2)(g)....

...and in such an action the result sought by the action requires the trial court to act directly on the title to the real property. 502 So.2d at 486. [1] Therefore, the circuit court would have jurisdiction over lien foreclosures of real estate under section 26.012(2)(g)....

...nged. We now have two statutes that when considered separately are clear, precise, and their 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....

...shall apply to the amount of the lien without consideration to the value of the securing property. We approve the decision of the district court of appeal but only to the extent that it holds that the construction lien foreclosure action was properly filed in the County Court. We disapprove the holding that section 26.012(2)(g) does not give circuit courts jurisdiction over lien foreclosures of real property....

...n, as set by statute." Majority op. at 862. I do not agree, however, with that portion of the majority opinion which concludes that "the foreclosure of a lien on real estate involves `the title and boundaries of real property.'" Majority op. at 860. Section 26.012(2), Florida Statutes (1989), provides that circuit courts "shall have exclusive original jurisdiction ......

...I find the majority's explanation for its failure *863 to follow the plain meaning of the statute both unpersuasive and disingenuous. [3] I feel that foreclosure actions do not involve the "boundaries" to real property and thus fail to meet the "title and boundaries" requirement of section 26.012(2)(g)....

...Based on the foregoing, I agree with the majority's result that the present action was properly filed in county court and the circuit court erred in discharging it, but I strongly object to the majority's reasoning. NOTES [1] We reject Nachon's contention that in order for the circuit court to have jurisdiction under section 26.012(2)(g), the action must involve both the title and boundaries of real property. Section 26.012(2)(g), Florida Statutes (Supp....

...In 1974, the statute was amended to move the jurisdiction over actions involving the right of possession of real property to the county court. Ch. 74-209, § 1, Laws of Fla. By virtue of simply removing the reference to the right of possession of real property from section 26.012(2)(g), the legislature clearly evinced no intention to require that an action involve both title and boundaries in order for the circuit court to have jurisdiction....

...The majority's attempt to say otherwise in footnote 1 of its opinion strikes me as an attempt to argue that when the legislature says white it really means black. [4] Conversely, I feel that if foreclosure actions did meet the "title and boundaries" requirement of section 26.012(2)(g) then circuit courts would have exclusive jurisdiction in such matters and foreclosure claims could not be filed in county court....

...The lack of an official assignment of a visiting judge to another circuit by the Chief Justice does not necessarily devoid that other court of subject matter jurisdiction. A technical flaw in assignment does not strip a circuit court of subject matter jurisdiction over a cause which is expressly conferred by law. Section 26.012(2)(d), Florida Statutes (1981), provides that the circuit court has jurisdiction over all felony trials....

...Their argument is disingenuous at best. We take judicial notice that the Orange County circuit court is a court of general jurisdiction and thus had the authority to compensate the Boatmans with money damages. See Fla. Const. art. V, §§ 5(b), 20(c)(3); Fla.Stat. § 26.012(2) (Supp.1994)....

...1985), controls. In Phillips, we said an information charging a felony and misdemeanors arising out of the same circumstances is within the exclusive *1264 subject matter jurisdiction of the circuit court. Id. at 1137; State v. Vazquez, 450 So.2d 203 (Fla. 1984); § 26.012(2)(d), Fla....

...ge because the circuit court had jurisdiction over the misdemeanors only if this information also charged a felony arising out of the same circumstances. See State v. Phillips, 463 So.2d 1136 (Fla. 1985); State v. Vazquez, 450 So.2d 203 (Fla. 1984); § 26.012(2)(d), Fla....

...Appellant further asserts that the trial court was not authorized to award attorney's fees to the plaintiffs. Appellant says in its brief: According to the verified complaint this was an action for injunctive and declaratory relief. Florida law establishes the right to both forms of relief. § 26.012(3) and 86.201, Fla....

...In both circuits, the Governor may fill any mid-term vacancies through appointment of candidates recommended by 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....

...On April 7, 2006, Pro-Art filed a Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Motion to Quash Service of Process, but did not file an answer or assert any affirmative defenses. In its motion to dismiss, Pro-Art correctly contended that (1) the county court lacked subject-matter jurisdiction because section 26.012(2)(f), Florida Statutes (2006), vests circuit courts, not county courts, with exclusive original jurisdiction to entertain ejectment actions and (2) the mode of procedure was improper because section 51.011's summary procedure does not apply to ejectment actions under chapter 66, Florida Statutes (2006)....

...First, ejectment actions are subject to the exclusive original jurisdiction of Florida's circuit courts, while county courts generally possess subject-matter jurisdiction in unlawful-detainer and tenant-removal actions (subject to their amount-in-controversy limit). Compare art. V, § 20(c)(3), Fla. Const., and § 26.012(2)(f), Fla....

...Given the facts of this case, and assuming compliance with the amount-in-controversy requirement, V-Strategic could have filed either an ejectment action in circuit court, an unlawful-detainer action in county court, or a tenant-removal action in county court. See §§ 26.012(2)(f), 34.011, Fla....

...ade the conscious decision to seek ejectment, along with a damages claim, in a county court despite the fact that ejectment actions are subject to the exclusive original jurisdiction of Florida's circuit courts. See art. V, § 20(c)(3), Fla. Const.; § 26.012(2)(f), Fla....

...Pro-Art is thus correct that the county court lacked subject-matter jurisdiction to entertain the ejectment action that V-Strategic specifically sought through its "ejectment" summons and "ejectment" complaint. See art. V, § 20(c)(3), Fla. Const.; § 26.012(2)(f), Fla....

...This appeal involves a constitutional challenge to section 893.13(2)(a)7, Florida Statutes (1981), which requires that a lawfully dispensed controlled substance must be kept in the container in which it was originally delivered. We have jurisdiction pursuant to Florida Rules of Appellate Procedure 9.140(c)(1)(A) and section 26.012(1), Florida Statutes (1981)....

...Subject matter jurisdiction is the “[pjower of a particular court to hear the type of case that is then before it” or “jurisdiction over the nature of the cause of action and relief sought.” Fla. Star v. B.J.F., 530 So.2d 286, 288 (Fla.1988) (quoting Black’s Law Dictionary 767 (5th ed. 1979)). Pursuant to section 26.012(2)(d), Florida Statutes (2001), at the time Carba-jal was charged, the circuit courts had — as they continue to have — subject matter jurisdiction over “all felonies.” See also McLean v....

...to the child's present address, the places where the child has lived within the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period." § 61.132, Fla. Stat. [2] Fla. Const.Art. V, § 5(b); § 26.012(2)(c), Fla....

...The critical question, however, is to what extent, if any, the legislature had done so by 1979, when this controversy arose and the court proceeding was filed. In 1972 the Florida legislature implemented the amendments to article V respecting circuit court jurisdiction by providing in section 26.012, Florida Statutes (1972 Supp.), that circuit courts "shall have exclusive original jurisdiction" in "all cases involving legality of any tax assessment or toll." The constitutional and statutory changes made in 1972 did not, therefore,...

...rsuant to chapters 573 and 601, Florida Statutes, and that the division of statutory revision of the joint legislative management committee is directed to prepare a reviser's bill to conform the Florida Statutes to such intent. (Emphasis added.) Yet section 26.012(2)(e) (giving circuit courts "exclusive original jurisdiction") was not repealed, revised, or amended in any reviser's bill pursuant to this direction; rather, it remained intact and in full force and effect until amended in 1981 ( see discussion, infra, pp....

...In a similar vein, in Department of Revenue v. Crisp, 337 So.2d at 405, the court stated: The Florida legislature has determined that the circuit courts shall have exclusive original jurisdiction in all cases in equity and in all cases involving legality of any tax assessment. Fla. Stat. § 26.012(2)(c), (e); Fla....

...1st 1976, 336 So.2d 371. We agree with the reasoning of the First District Court of Appeal in University Square that if the legislature had intended to divest the circuit courts of jurisdiction over this matter it would have repealed or amended Fla. Stat. § 26.012. Department of Revenue v. University Square, Inc., supra . There is a significant difference between the hearings authorized by Fla. Stat. § 26.012 and those of Fla. Stat. § 120.68. Section 26.012 requires that the circuit court sit as a court of original jurisdiction providing an opportunity for full judicial proceedings while 120.68(4) limits the district court of appeal to appellate jurisdiction where the scope of review is confined to the record transmitted to it by the agency. We do not believe that the restricted review authorized by the APA preempts the complete hearing prescribed in 26.012. In Department of Revenue v. Amrep Corp., 358 So.2d 1343, the supreme court concurred with the rationale in University Square and Crisp. After noting that section 26.012, Florida Statutes (1975), contained provisions for "exclusive original jurisdiction" in the circuit courts "in all cases involving legality of any tax assessment," the court stated: In like fashion, Article V, Section 20(c)(3), Florida...

...peal or modify the constitutional and statutory provisions giving circuit courts both original and exclusive jurisdiction of cases contesting the legality of a tax assessment and seeking a *952 refund of taxes paid. [17] Section 20 of article V, and section 26.012(2)(e), Florida Statutes (1979), continued to vest exclusive original jurisdiction in the circuit courts to hear and resolve disputes over the legality of tax assessments until such time as section 26.012 should be amended by general law expressly altering that explicit provision for exclusive jurisdiction....

...ent to the assessment." 358 So.2d at 78. [18] We also attach no controlling significance to the repeal, in 1978, of section 212.15(4), which provides for review in the circuit court of Leon County, [19] by section 54, chapter 78-95, Laws of Florida. Section 26.012, not section 212.15, vested exclusive jurisdiction in circuit courts to hear *953 tax assessment cases....

...The repeal of provisions in section 212.15(4) did not expressly affect circuit court jurisdiction to adjudicate the legality of tax assessments, and we find no basis for treating this 1978 enactment as impliedly repealing or modifying the provisions of section 26.012. Applying the test enunciated in Department of Revenue v. Amrep Corp., 358 So.2d at 1348, we do not view section 54 of chapter 78-95 as a "positive repugnancy" to section 26.012, and thus hold that section 54 was not "clearly intended to prescribe the only governing rule, or that it revises the subject matter of the former." Review of subsequent legislative history with respect to section 26.012(2) is appropriate to confirm our interpretation of legislative intent that circuit courts continued to have exclusive original jurisdiction over the legality of tax assessments....

...versies," in an attempt to eliminate the prevailing confusion by making significant revisions to the statutes relating to civil tax procedures for contesting the legality of tax assessments. Of particular relevance to this case are the amendments to section 26.012(2)(e), the creation of new section 72.011, and the repeal of section 212.15(5). Section 1, chapter 81-178, amended section 26.012(2) to add the following underlined language providing that circuit courts "shall have exclusive original jurisdiction ......

...(e) In all cases involving legality of any tax assessment or toll, except as provided in s. 213.19. " The creation of this exception by the legislature manifested explicit recognition that exclusive original jurisdiction of cases contesting the legality of tax assessments had been placed in circuit courts by section 26.012(2)(e) up to that time....

...l jurisdiction of circuit courts, but explicitly excepted from this administrative procedure "actions for refund of taxes previously paid." See 50 Fla.Jur.2d, Taxation, §§ 13:2-4 (1983). Newly created section 72.011, when read in para materia with section 26.012(2)(e), as amended, thus preserved the exclusivity of circuit court original jurisdiction in tax refund cases....

...occurring after the initial payment of the tax due was had in Stewart Arms Apartments, Ltd. v. Department of Revenue, 362 So.2d 1003 (Fla. 4th DCA 1978). [19] See note 15, supra. This provision amounts to no more than a venue provision implementing section 26.012....

McCarthy, Trademarks and Unfair Competition section 26:12 at 309 (2d ed.1984)). 1. Common Law Rights Based

...waived his right to be tried as a juvenile by failing to object at the trial court level. The Court stated: In this case the trial court had jurisdiction of the subject matter ... because it is a circuit court which has jurisdiction of all felonies. § 26.012(2)(d), Fla.Stat....

...rocedure Act after all of the issues have been disposed of at the administrative level. Any other interpretation would not satisfy the doctrine of exhaustion of administrative remedies. We reject the position of the appellant for two reasons. First, Section 26.012, Florida Statutes (1975), defining the jurisdiction of the circuit courts of this State provides, in part: (2) They shall have exclusive original jurisdiction: * * * * * * (c) In all cases in equity including all cases relating to juve...

...hearing master, and then, if necessary, to seek review in the county circuit court (which has jurisdiction over appeals from “final administrative orders of local government code enforcement boards”). See id. § 20-30(i); see also Fla. Stat. § 26.012(1)....

...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) and (c), Florida Statutes, provides that the circuit courts have original jurisdiction in "all actions at law not cognizable by the county court" and "all cases in equity." The facts as alleged show that the contract was breached when the ring was sold in December of 1985....

...Accordingly, we affirm the order dismissing the second amended complaint with prejudice. JURISDICTION AND STANDING In their second amended complaint, the Reinishes asserted circuit-court jurisdiction pursuant to Article V, section 20(c)(3), of the Florida Constitution, and section 26.012, Florida Statutes (1997), both of which address "cases involving legality of any tax assessment or toll"; and pursuant to sections 86.011, 86.021, and 86.061, Florida Statutes (1997), the Declaratory Judgments Act....

...In both circuits, the Governor may fill any mid-term vacancies through appointment of candidates recommended by 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....

...but rather jurisdiction of the class of cases to which the particular controversy belongs. Lusker v. Guardianship of Lusker, 434 So.2d 951 (Fla. 2d DCA 1983). All counts of the petition fall within the jurisdiction of the circuit court as set out in section 26.012, Florida Statutes (1987)....

...[4] Although the jury found the accused not guilty of count 1, that count was sufficient to allege a felony of burglary under section 810.02(1), Florida Statutes arising out of the same circumstances as the misdemeanor of trespass sufficiently alleged in count 2 of the information. Section 26.012(2)(d), Florida Statutes (1979), provides that the exclusive original jurisdiction of circuit courts includes "all felonies and ......

the Alabama Code at all. See Ala.Code § 26-12-1, et seq. It is an aspect of judge made law which

...It is so ordered. SHAW, C.J., and McDONALD, EHRLICH, BARKETT, GRIMES and KOGAN, JJ., concur. OVERTON, J., concurs in result only. NOTES [1] Circuit courts lack jurisdiction to hear appeals from county court decisions declaring statutes invalid. See § 26.012(1), Fla....

...e recusal decisions—are all, by their nature, normal judicial functions.”). Moreover, the state circuit court judges were plainly not acting in the “clear absence of all jurisdiction” in resolving the state foreclosure action. See Fla. Stat. § 26.012 ....

...Weber, 553 So.2d 199 (Fla. 2d DCA 1989) (public defender and others lacked standing to bring petition for writ of habeas corpus on behalf of patients in asylum). Respondents also contend that the trial court properly exercised jurisdiction pursuant to section 26.012(2)(d), Florida Statutes (1989), which gives the circuit courts jurisdiction over all felonies....

...tients, were not relevant to the question of whether HRS employees improperly permitted Kathy Twyman to escape. Based on the foregoing we conclude that the trial court did not gain subject matter jurisdiction to make its judicial inquiry pursuant to section 26.012 or section 38.22....

...The district court agreed, holding that the state had, in effect, nol prossed the felony charge, thereby divesting the circuit court of jurisdiction of the misdemeanor charge. The district court quashed the judgment and sentence and remanded for dismissal. We disagree with the district court's ruling. Section 26.012(2)(d), Florida Statutes (1981), gives exclusive original jurisdiction to circuit courts "[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged." As pointed out in both McLean...

...The information against Vazquez charged him with committing a felony, thereby giving the circuit court jurisdiction over his case. When a felony is charged, a conviction of a lesser included offense is not void because the circuit court also has jurisdiction of all lesser included offenses. § 26.012(2)(d); Winburn; McLean....

...We express some surprise that a matter of this magnitude could not have been resolved without resort to appellate procedures. The question involved is not one of jurisdiction. The Circuit Court has jurisdiction as prescribed by the Constitution and general law. See Article V, Section 5, Florida Constitution, and Section 26.012, Florida Statutes (1975)....

...Circuit Court has jurisdictional power to adjudicate the class of cases to which Mobil's reply counterclaim belongs. The circuit courts have exclusive original jurisdiction in all cases in equity and in law involving the title of real property. See § 26.012(2)(c) and (g), Fla....

...Absent this allegation the offense charged is a misdemeanor of the second degree. Section 812.031(3). Because this is so, the circuit court had no jurisdiction over the charged misdemeanor in this case. Article V, Section 5(b), Florida Constitution; Section 26.012, Florida Statutes (1975)....

...Toledo asserted in her answer that she was not a tenant and that she had an equitable interest in the property, ejectment, not eviction, was the proper remedy, and the matter should have been transferred to the circuit court. The circuit court has "exclusive original jurisdiction" over ejectment actions. See § 26.012(2)(f), Fla. Stat. (2004)(specifying that circuit courts have "exclusive original jurisdiction" over "actions of ejectment"); Pro-Art Dental Lab, Inc. v. V-Strategic Group, LLC, 959 So.2d 753 (Fla. 4th DCA 2007)(holding that pursuant to section 26.012(2)(f), Florida Statutes, circuit courts have exclusive original jurisdiction over ejectment actions)....

...le to sustain a case for eviction under the Landlord and Tenant Act"), affirmed, 13 Fla. L. Weekly Supp. 1159c (Fla. 17th Cir.Ct. Aug. 25, 2006); Vasquez v. Futch, 7 Fla. L. Weekly Supp. 100a (Fla. 19th Cir. Ct. Sept. 8, 1999)("Pursuant to Section[] 26.012(2)(f) ....

...V, § 6(3), Fla. Const. (1968); Fla. Const. of 1885, art. V, § 11. *1287 When article V was revised in 1972, this jurisdiction was retained subject to change by general law. Art. V, § 20(c)(3), Fla. Const. Subsequent to this revision the legislature enacted section 26.012(e), Florida Statutes (1975), which provides for the continuation of this jurisdiction of the circuit courts over actions challenging tax assessments....

...ns of sections 5 and 6 of article V, Florida Constitution, the legislature has vested the circuit courts with original jurisdiction over "all felonies and ... all misdemeanors arising out of the same circumstances as a felony which is also charged." § 26.012(2)(d), Fla....

...on, therefore, should be denied. When it went into circuit court, the appeals board asked for more than $11,000 in damages and for equitable relief. Its pleadings put the case within the jurisdiction of the circuit court. Art. V, § 20, Fla. Const.; § 26.012, Fla....

...urisdiction. Article V, Section 20(c)(3) of the Florida Constitution, provides that circuit courts shall have jurisdiction "of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged ..." See also § 26.012(2)(d), Fla....

...es on the basis that section 796.07(1)(b), Florida Statutes (1991), which defines "lewdness" as "any indecent or obscene act," is unconstitutional under various provisions of the state and federal constitutions. *353 We have jurisdiction pursuant to section 26.012(1), Florida Statutes (1995)....

...Florida's constitutional right to privacy is not implicated in this case. Accordingly, the orders appealed from are reversed, the information is reinstated and the cause is remanded to the trial court for further proceedings consistent with this opinion. [5] DELL and POLEN, JJ., concur. NOTES [1] Section 26.012(1) provides that "[c]ircuit courts shall have jurisdiction of appeals from county courts except appeals of county court orders or judgments declaring invalid a state statute or a provision of the State Constitution...." [2] Rule 9.030(b)(1)(A) provides: (1) Appeal Jurisdiction....

...The complaint charged Sclafani with violation of § 316.027, Fla. Stat., which proscribes leaving the scene of an accident involving death or personal injury and provides, "Any person willfully failing to stop or to comply with said requirements under such circumstances is guilty of a felony ...". § 26.012(2), Fla....

...is to determine the question of title to the land, the action is local to the circuit in which the land lies. Coastal Petroleum, supra. While the circuit court has jurisdiction in all cases in equity and in law involving the title of real property, Section 26.012(2)(c), where the cause of action is in rem, the court has subject-matter jurisdiction only if it has both jurisdictional power to adjudicate the class of cases to which the cause belongs and jurisdictional authority over the land which is the subject matter of the controversy....

...Bentley simply be consolidated with the present action for purposes of expediency. Summary judgment was improper on the state of the record before us. REVERSED AND REMANDED for further proceedings consistent with this opinion. HOBSON, A.C.J., and CAMPBELL, J., concur. NOTES [1] Art. V, § 5, Fla. Const.; § 26.012, Fla....

...Board of Public Instruction of Columbia County, 196 So.2d 22 (Fla. 2d DCA 1967). In Florida, at the time appellant was adjudicated guilty and sentenced, this "power" was conferred on the circuit courts by Article V, Section 5, of the Florida Constitution, and by Section 26.012, Florida Statutes (1989). Of particular relevance to this case is the fact that Section 26.012(2)(d), Florida Statutes (1989), specifically vested in the circuit courts of this state "exclusive original jurisdiction ......

...The rules do not affect the constitutional jurisdiction of each Circuit Judge in the Judicial Circuit. Each of the Circuit Judges may exercise all the powers of the Circuit Court... . 131 Fla. at 38, 178 So. at 555. At the time of appellant's sentencing, Section 26.012(2)(d), Florida Statutes (1989), vested in the circuit courts of this state "exclusive original jurisdiction ......

..."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....

...me charged was only a misdemeanor under Section 812.031(3). Since the circuit court does not have jurisdiction when only a misdemeanor is charged, the trial court did not have jurisdiction in this case. Article V, Section 5(b), Florida Constitution; Section 26.012, Florida Statutes (1975)....

...Appellants do not contest the general equitable jurisdiction of the circuit court, and indeed they could not do so. By constitution and statute, the circuit courts of Florida are vested with exclusive equity jurisdiction. Art. V, § 5(b), Fla. Const. (1972); § 26.012(2)(c), Fla....

...y sought to be replevied. No value of property is stated in the complaint; however, since the circuit court has exclusive jurisdiction over the count for injunctive relief, it has jurisdiction over the other causes of action stated in the complaint. Section 26.012, Florida Statutes (1979); see Milhet Caterers, Inc....

...We disagree and hold that jurisdiction over this action is vested in the circuit court. The Florida legislature has determined that the circuit courts shall have exclusive original jurisdiction in all cases in equity and in all cases involving legality of any tax assessment. Fla. Stat. § 26.012(2)(c),(e); *406 Fla....

...1st 1976, 336 So.2d 371. We agree with the reasoning of the First District Court of Appeal in University Square that if the legislature had intended to divest the circuit courts of jurisdiction over this matter it would have repealed or amended Fla. Stat. § 26.012. [2] Department of Revenue v. University Square, Inc., supra . There is a significant difference between the hearings authorized by Fla. Stat. § 26.012 and those of Fla. Stat. § 120.68. Section 26.012 requires that the circuit court sit as a court of original jurisdiction providing an opportunity for full judicial proceedings while 120.68(4) limits the district court of appeal to appellate jurisdiction where the scope of review is confined to the record transmitted to it by the agency. We do not believe that the restricted review authorized by the APA pre-empts the complete hearing prescribed in 26.012....

...Therefore, the information in this case alleges that appellant either committed a felony or a misdemeanor. 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....

...action by the Department. Article V, Section 20, Constitution of the State of Florida, provides that until changed by general law, circuit courts shall have exclusive original jurisdiction in all cases involving legality of any tax assessment. Under Section 26.012, Florida Statutes, circuit courts have exclusive original jurisdiction in all cases in equity and in all cases involving legality of any tax assessment....

...The state argues that the County Court had jurisdiction over the misdemeanor offense where the felony and misdemeanor offenses arose out of the same set of circumstances, and where the felony offense had already been resolved. This appeal is also before us on the following certified question from the County Court: Whether section 26.012(2)(d), Florida Statutes, which provides that Circuit Courts shall have exclusive original jurisdiction of all misdemeanors which arise out of the same circumstances as a felony which is also charged requires the misdemeanor be charged...

...eafter filed in Circuit Court. We have accepted jurisdiction pursuant to rules 9.030(b)(4)(A) and 9.160, Florida Rules of Appellate Procedure. We answer the certified question in the following manner. First, for reasons discussed below, we hold that section 26.012(2)(d), Florida Statutes, vests in the circuit courts, exclusive original jurisdiction over all misdemeanors which arise out of the same circumstances as a felony also charged....

...se is dismissed without prejudice for lack of jurisdiction because this misdemeanor driving under the influence is associated with a charged felony. The circuit court has exclusive jurisdiction over all misdemeanors associated with a charged felony. § 26.012(2)(d), Fla....

...As such, the matter was remanded to the County Court with directions to invoke this court's discretionary jurisdiction and certify the above question. This discretionary appeal is now before this court. Article V, section 20(c)(3), of the Florida Constitution and section 26.012(2)(d), Florida Statutes (1993) gives exclusive original jurisdiction to circuit courts "[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged." (Emphasis supplied). See Worley v. 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 circumstances, the charged felony will give the circuit court exclusive jurisdiction and that such jurisdiction will include associated misdemeanors....

...Subsequently, the felony charge arising from the same circumstances was filed against appellee in Circuit Court. The felony charge was thereafter resolved, leaving only the misdemeanor charge still pending. As an initial matter, we hold that, under section 26.012(2)(d), Florida Statutes and the Florida Constitution, the state is obligated to file all felonies and misdemeanors arising out of the same circumstances in the circuit court. See § 26.012(2)(d), Fla....

...charges could be held. Id. (emphasis in original) (citation omitted). As with the filing of the motion to sever in Booker, upon resolution of the felony charge in the instant case, the purposes of judicial efficiency and economy of time, embodied in section 26.012(2)(d), were no longer at issue....

...Figueroa had a Full and Fair Opportunity to Litigate in State Court. Finally, Plaintiff had a full and fair opportunity to litigate in state court. The foreclosure action was filed in Florida circuit court, a court of general jurisdiction. ( See Mot. Ex. A); FLA. CONST. art. V, § 5; FLA. STAT. § 26.012....

...is violative of the free speech and free press provisions of the Constitutions of the United States and the State of Florida. HERSEY and WARNER, JJ., concur. NOTES [1] We have jurisdiction under the Florida Constitution, Article V., Section 4(b)(1); Section 26.012(1), Florida Statutes (1991); and Rule 9.030(b)(1)(A), Florida Rules of Appellate Procedure (1993)....

...ent," "delinquent" or "child in need of services" are defined each time they are used in the penal statutes, there must be some ascertainable source to determine the meaning of those words. AFFIRMED. PETERSON and THOMPSON, JJ., concur. NOTES [1] See § 26.012(1), Fla.Stat....

...Pursuant to this Section, a "court of competent jurisdiction" to hear foreclosure actions, which are equitable in nature, now includes the County Court. Unlike an action to quiet title, which is within the exclusive jurisdiction of the Circuit Court, see § 26.012(2)(g), Fla....

...3d DCA 1990) (citing cases dealing with real property but not governed by "local action" rule), review denied, 577 So.2d 1327 (Fla. 1991); Kugeares v. Casino, Inc., 372 So.2d 1132 (Fla. 2d DCA 1979) (landlord's action to regain possession of real property not within Circuit Court jurisdiction under § 26.012); Williams v. Gund, 334 So.2d 314 (Fla. 2d DCA 1976) (action for damages for unlawful detainer of real property not within § 26.012)....

...e described circumstances. Although the term "any court of competent jurisdiction" is not defined, it is obvious that only the circuit court has the authority to order a parent to pay child support whether that child is a minor or a dependent adult. § 26.012....

...ion. Cf. Tenney v. City of Miami Beach, 152 Fla. 126, 11 So.2d 188 (1942). 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....

...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....

...We are presented with a petition for writ of certiorari seeking review of an order 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....

...pose him to a substantial danger of a new prosecution for the same offense. See Fla.R.Crim.P. 3.140( o ). The circuit courts of this state have jurisdiction over all misdemeanors arising out of the same circumstances as a felony that is charged. See § 26.012(2)(d), Fla....

...nd (2) section 34.011 relating to the county court's jurisdiction in possessory actions against real property expressly recognizes and excepts from county court jurisdiction the exclusive jurisdiction of the circuit court in all cases in equity. See § 26.012, Fla....

...This is an appeal from a county court order suppressing evidence in a criminal case and from the declaration in that order that Section 316.1932(1)(a), Florida Statutes (1982) is unconstitutional. Jurisdiction for our review of that order is pursuant to Rule 9.140(c), Section 26.012(1) and Section 924.08(2)....

...and satisfies the requirements of FW/PBS. [4] Plaintiffs also challenge the provision in section 42-62 which specifies that an aggrieved party's remedy is to file a petition for writ of common law certiorari to the Circuit Court for Pinellas County. Section 26.012 of the Florida Statutes provides in pertinent part: "Circuit Courts shall have jurisdiction of appeals from final administrative orders of local government code enforcement boards." Fla. Stat. ch. 26.012(1); see also Fla....

...RYDER, Chief Judge. The state appeals a county court order which granted appellee's motion to dismiss two counts of an information and which also declared a state statute to be unconstitutional. We have jurisdiction. Art. V, § 4(b)(1), Fla. Const.; § 26.012(1), Fla....

...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). Section 26.012(2)(d), Florida Statutes (1979), gives the circuit court original exclusive jurisdiction of "all misdemeanors arising out of the same circumstances as a felony which is also charged." The State's argument that the circuit court had juri...

...he instant case because the misdemeanor charge against Bruce Worley "arose out of the same circumstances" as the felony charge against Stanley Worley is unpersuasive. Although we have been unable to find any case addressing the question, 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 of the same circumstances are committed by the same person....

...Fuller, 648 So.2d 1183 (Fla. 1994); Farina v. Perez, 647 So.2d 113 (Fla. 1994); Williams v. State, 622 So.2d 477 (Fla. 1993). [3] § 784.045(1)(a)(1), Fla. Stat. (1993). [4] § 784.03, Fla. Stat. (1993). [5] The circuit court had exclusive original jurisdiction. § 26.012(2), Fla....

...Jurisdictional Amount Becker contends that the trial court did not possess subject matter jurisdiction because the face amount of the note was $14,950, and, therefore, the amount in controversy did not exceed the $15,000 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....

...ind that reversal is required. The trial court had vacated that part of the final judgment dealing with the rights of the estate of Morris Siegel; the rationale was that dismissal of the cause was required due to lack of subject matter jurisdiction. Section 26.012, Florida Statutes (1977), provides the trial court with subject matter jurisdiction in all actions involving title and boundaries of real property....

...The relief sought included a request for declaratory judgment, which is an equitable matter, [1] and nominal, compensatory, and punitive damages in the sum of $950. 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 * * *......

...laratory judgment suits, conferring jurisdiction on county courts in matters in equity within their jurisdictional amounts. § 86.011, Fla. Stat. (Supp. 1990); Ch. 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....

...ion 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....

...ZEHMER and BARFIELD, JJ., concur. 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.

...e beneficial purpose of section 370.025, Florida Statutes. For the foregoing reasons, the orders below are reversed, and this cause is remanded for proceedings consistent herewith. BARFIELD and ALLEN, JJ., concur. NOTES [1] Our jurisdiction is under section 26.012(1), Florida Statutes....

...All parties agreed that the permit denials were not quasi-judicial acts reviewable by common law certiorari under Haines City Community Development v. Heggs, 658 So.2d 523, 530 (Fla.1995). But the City contended that the circuit court had statutory certiorari jurisdiction [1] pursuant to section 26.012, Florida Statutes (1997). We disagree. Section 26.012(1) specifically confers circuit court jurisdiction over "appeals from final administrative orders of local government code enforcement boards " (emphasis supplied)....

...perating without permits was not supported by substantial, competent evidence). Rather, they challenged the City's refusal to issue an adult-use permit. As such, this case did not implicate the certiorari jurisdiction granted to the circuit court in section 26.012(1)....

...It held this review provision was sufficient to meet the requirement in FW/PBS, Inc. v. City of Dallas, 493 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990), that an adult-use licensing scheme provide for prompt review of administrative decisions. In doing so, the Blue Moon court remarked that section 26.012(1), Florida Statutes, stated the available remedy under Florida law....

...nesses were being suspended because of violations of the ordinance. Thus, the Pinellas County Department of Consumer Protection was acting as a "code enforcement board" in that case, and jurisdiction was properly conferred on the circuit court under section 26.012....

...No motion for arrest of judgment was made to challenge the subject matter jurisdiction of the court in accordance with Fla.R.Crim.P. 3.610. Pursuant to Article V, Section 5(b), Florida Constitution, the Legislature has prescribed the jurisdiction of the Circuit Courts over criminal offenses by the adoption of Section 26.012(2)(d), Florida Statutes (1977), which in pertinent part provides as follows: "[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged." The threshold question is whether the appellant may challenge the jurisdiction of the Circuit Court initially on appeal....

...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... ." Section 26.012(2)(c) states that "[circuit courts] shall have original jurisdiction in all actions at law not cognizable by the county courts......

...ach, Florida, on May 15, 1984, involving one Michael Becker and one *815 Stanley Masterson. The twenty-three misdemeanor counts, as shown by the allegations therein, are unrelated to the Becker-Masterson incident either factually or chronologically. Section 26.012(2)(d), Florida Statutes (1985), gives exclusive original jurisdiction to circuit courts "of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged." (Emphasis added.) Even a casual...

...924, 95 S.Ct. 1650, 44 L.Ed.2d 83 (1975), and that the Florida Supreme Court's later decision in State v. Dwyer, 332 So.2d 333 (Fla.1976), does not authorize a contrary conclusion. This court has jurisdiction of the appeal from the final judgment under section 26.012(1), Florida Statutes (1993) (appellate jurisdiction of circuit court does not include appeals from county court orders declaring invalid a state statute), and Florida Rule of Appellate Procedure 9.030(b)(1)(A) (district court has juris...

...of limitations under chapter 95, that might bar enforcement proceedings in this case. Petition for writ of certiorari granted. FULMER, J., and THREADGILL, EDWARD F., Senior Judge, Concur. NOTES [1] See Sarasota County Code § 2-342, et seq. [2] See § 26.012(1), Fla....

...ention. The statutory reference to property of others has no logical meaning outside an environmental context in light of the jurisdiction to adjudicate all actions involving the title and boundaries of real property conferred upon circuit courts by section 26.012(2), Florida Statutes....

...the judgment lacked subject matter jurisdiction. [2] They would only be bound in such a case if the jurisdiction of the court turned on factual disputes which were actually litigated by the parties. [3] This exception is not applicable in this case. Section 26.012(2)(c), Florida Statutes (1983) gives circuit courts exclusive original jurisdiction in all equity cases....

...mond and Moulton. PARKER, A.C.J., and QUINCE, J., concur. NOTES [1] We have jurisdiction to review the county court orders of dismissal because they declared section 827.05, Florida Statutes (1993), unconstitutional. Art. V, § 4(b)(1), Fla. Const.; § 26.012(1), Fla....

...(1993); Fla.R.App.P. 9.030(a)(1) and (b)(1)(A). We have jurisdiction to review Ms. Hammond's and Ms. Moulton's convictions because the county court certified the question of the statute's constitutionality to this court as a question of great public importance. See §§ 26.012(1), 35.065, Fla....

...ehalf. § 733.607, Fla.Stat. (1995). Additionally, we find that the court erred in declining to rule on the Brakes' resulting trust affirmative defense. The trial court had equity jurisdiction to decide the resulting trust issue, an equitable claim. § 26.012(2)(c), Fla.Stat....

...ection 627.736(6) ], the insurer may petition a court of competent jurisdiction to enter an order permitting such discovery.” § 627.736(6)(c), Fla. Stat. (2010) (emphasis added). Circuit courts have jurisdiction to hear “all cases in equity.” § 26.012(2)(c), Fla....

...for compliance with section 100.371." 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....

...Marine Transp. Lines, Inc., 372 So.2d 81 (Fla. 1979); Richter Jewelry Co. v. Harrison, 147 Fla. 732, 3 So.2d 387 (1941). To decide whether appellants have stated a cause of action for damages in excess of the circuit court's jurisdictional threshold of $15,000, § 26.012(2)(a), 34.01(1)(c)4, Fla....

...On appeal, the circuit court, sitting in its *306 appellate capacity, affirmed. The State seeks review here by petition for certiorari. Addressing first a procedural issue, we hold that the circuit court had no subject matter jurisdiction to review a judgment of the county court declaring a state statute unconstitutional. § 26.012(1), Fla....

...Having determined that the ultimate issue is governed by Florida law, the Court now considers whether DOR's tax claim was *695 "assessed" in 1981 under Florida law as determined by the lower court. In reaching that conclusion, the lower court relied on Fla.Stat. § 214.26, § 26.012(2)(e), § 214.03(2) and § 72.011. Three of these four sections, however, are not relevant. Sections 214.26 and 26.012(2)(e) are jurisdictional statutes and clearly do not speak to the issue at hand....

..., the complainant deposit with the court the full amount of the assessment complained of, or file a cash bond or surety bond. See Fla.Stat. § 214.26 (1979). That statute did not deal with the issue of when a tax is "assessed." Neither did Fla.Stat. § 26.012(2)(3) (1979). That section simply granted exclusive original jurisdiction to the state circuit courts in all cases involving the legality of any tax assessment. See Fla.Stat. § 26.012(2)(3) (1979)....

...within its jurisdictional limitations. (2) 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. 26.012. (Emphasis supplied.) Section 26.012, Florida Statutes (1977), outlines the jurisdiction of the circuit court....

...rt and to vest jurisdiction of these cases exclusively in the county court. The case at hand clearly involves the right of possession of real property. Therefore, the suit lies in the county court unless it falls within the jurisdiction specified in Section 26.012. Referring to Section 26.012, it is evident that the suit does not involve the title or boundaries of real property....

...See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530-31 (Fla.1995). The tenant contends that the county court lacked subject matter jurisdiction over the landlord's complaint because the landlord sought and obtained "ejectment" in the county court, but section 26.012(2)(f), Florida Statutes (2006), provides that circuit courts have "exclusive original jurisdiction" over ejectment....

...tes (1983), by failing to have their children regularly attend specified public schools. The county court found that the relevant statutes are unconstitutionally vague. We have jurisdiction under Article V, section (4b)(1), Florida Constitution, and section 26.012, Florida Statutes (1983)....

...he state court proceeding. See Casale, 558 F.3d at 1260 ; Figueroa, 766 F.Supp.2d at 1325-26 . The foreclosure action was filed in Florida .circuit court, a court of general jurisdiction. See Defs.’ Mot. Ex. B; Fla. Const. art. V, § 5; Fla. Stat. § 26.012 ....

...However, Sun Gardens' complaint does not seek relief pursuant to chapter 86. First, the complaint does not state that it is being brought pursuant to chapter 86. Rather, the eighth paragraph of the complaint states: "This court has jurisdiction pursuant to Florida Statutes § 26.012 and Florida Administrative Code 558.001(5)(c)." Second, the complaint does not seek a declaration of Sun Gardens' rights or status....

...chedule. However, the parties have found no statute or legislative resolution that ever deleted as obsolete the provision in section 20 that gives circuit courts jurisdiction over the legality of tolls. Instead, the legislature affirmatively enacted section 26.012(2)(e), which expressly gives the circuit court jurisdiction "in all cases involving [the] legality [of] any tax assessment or toll." See § 26.012(2)(e), Fla....

...ion); see also Johnson v. Plantation Gen. Hosp. Ltd. P'ship, 641 So.2d 58, 60 (Fla.1994) (following Chillingworth ). However, they have not established that aggregation is the only manner in which the Investors can meet the jurisdictional threshold. Section 26.012(2)(a), Florida Statutes (2005), provides that the circuit courts have exclusive, original jurisdiction over "all actions at law not cognizable by the county courts." The county courts have original jurisdiction over matters in which the amount in controversy does not exceed $15,000, and the circuit courts have jurisdiction over those matters in which the amount in controversy exceeds $15,000. §§ 26.012(2)(a), 34.01(1)(c), Fla....

...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. 26.012....

...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....

...Consequently, the only possessory remedy for a residential tenant lies in circuit court. [2] Finally, plaintiff claims that he is entitled to an injunction which would bring this cause of action within the jurisdiction of the circuit court, pursuant to Section 26.012(2)(c), Florida Statutes (1979)....

...(2)(b) unconstitutional. The State sought to appeal this ruling to circuit court, which purported to decide [7] the *1225 question of the statute's constitutionality, notwithstanding the limitation on appellate circuit court jurisdiction embodied in section 26.012(1), Florida Statutes (2002), which provides: Circuit courts shall have jurisdiction of appeals from county courts except appeals of county court orders or judgments declaring invalid a state statute or a provision of the State Constitution and except orders or judgments ......

...In these consolidated appeals, appellees were charged in county court with violating a Special Act of the legislature. The court dismissed the charges against each, holding the act unconstitutional, and the state now appeals. We have jurisdiction pursuant to Article V, section 4(b)(1), Florida Constitution; section 26.012(1), Florida Statutes (1981); and Florida Rule of Appellate Procedure 9.030(b)(1)(A)....

...The Broward County circuit court, where the defendant was prosecuted for felonies alleged to have been committed in Broward County, did *552 not lack subject matter jurisdiction to rule on a motion to suppress evidence sought to be used in that case, see § 26.012(2)(d), Fla....

...VICTOR CAWTHON, Senior Judge. These two criminal appeals by the state from orders of dismissal of the County Court in and for Duval County come directly to this court because each trial judge declared a state statute invalid, Fla. R.App.P. 9.030(b)(1)(A) and Section 26.012(1), Florida Statutes, and because each declared the same statute invalid, the appeals have been consolidated....

...cible or unlawful 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. Section 26.012 provides that the circuit court has exclusive original jurisdiction in, inter alia, all actions at law not cognizable by the county court and in all cases in equity. § 26.012(2)(a), (c), Fla....

...As Article V, section 5(b), Florida Constitution provides that the circuit courts shall have original jurisdiction which is not vested in the county courts, Sirgany's ultimate argument is that only the county courts have jurisdiction over municipal and county ordinances. *383 However, section 26.012, Florida Statutes (2003) governs the jurisdiction of the circuit courts....

...We are also asked, and are compelled, to vacate the three misdemeanor theft convictions. Because these did not “arise[] out of the same circumstances as a felony which [was] also charged,” the circuit court had no jurisdiction to dispose of them. See § 26.012(2)(d), Fla.Stat....

...We affirm the convictions but reverse the sentence for count I since it appears to exceed the one-year statutory maximum. Circuit Court's Jurisdiction Circuit courts have exclusive jurisdiction "[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged." § 26.012(2)(d), Fla....

...The First District saw the "critical question" as whether or not the legislature had given concurrent jurisdiction at the point of the particular tax controversy. In applying this analysis to the present case we find it is necessary to continue with the legislative history. In 1972 the legislature passed section 26.012, Florida Statutes (Supp....

...Greco and Susan Greco. Frank McClung, Brooksville, for appellee Heather Everett. GRIMES, Judge. This is an appeal from an order of the county court declaring section 106.03, Florida Statutes (Supp. 1984), unconstitutional. Art. V, § 4(b)(1), Fla. Const.; § 26.012, Fla....

...Any circuit court has “exclusive original jurisdiction” over “proceedings relating to the settlement of the estates of decedents and minors, the granting of letters testamentary ..., and other jurisdiction usually pertaining to courts of probate.” § 26.012(2)(b), Fla....

...NOTES [1] Gershwin, "Let's Call the Whole Thing Off," from Shall We Dance? [2] There is absolutely no evidence to support the last sentence dealing with the availability of tourmaline. [3] The term "equitable jurisdiction" does not refer to the subject matter jurisdiction of the circuit court under section 26.012(2)(c), Florida Statutes (1991)....

...hearings, see § 394.467(6)(a)3., Fla. Stat. (2016), or "[t]he chief judge of a circuit may authorize a county court judge to order emergency hospitalizations pursuant to part I of chapter 394 in the absence from the county of the circuit judge.” § 26.012(4), Fla....

...te the claims, and communicate about the claims. Doc. 2 ¶¶ 18, 30-33. Clark does not specify an amount in controversy. 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....

...staying the breach of contract action pending a decision by this Court was clearly erroneous in view of the circuit court's exclusive jurisdiction over breach of contract action. (See Fla. Const. (1958 Rev), Art. V, § 5(b) and § 20(c)(3), and F.S. § 26.012(2)(a)) However, claims such as those raised by petitioner in this case are properly determined by the academic community....

...l jurisdiction in cases involving constitutional violations, it lacked the power to issue the injunction because here there was no need for an equitable remedy and the judicially-created prerequisites were not satisfied. Reversed. NOTES [1] See also Section 26.012(3), Florida Statutes (1979) providing that the circuit court may issue injunctions....

...The circuit court, in denying the petition for writ of prohibition, wrote a fine opinion, with which we generally agree. The petitioner mainly suggests that section 985.201, Florida Statutes (2002), and the decision of the Florida Supreme Court in V.K.E. v. State, 934 So.2d 1276 (Fla.2006), have somehow overcome section 26.012 and section 316.635 Florida Statues, as well as case law consistently confirming the jurisdiction of the county court in such cases, including State v....

...e system, but rather, remain vital. We further agree with the circuit court that V.K.E. is of marginal relevance to this case and, to the extent it is relevant, it reinforces the notion that such express legislative enactments as section 316.635 and 26.012 be enforced according to their terms....

...(2013), was based on this episode. -2-  The circuit court's jurisdiction over misdemeanors is limited to those that "aris[e] out of the same circumstances as a felony which is also charged." § 26.012(1)(d), Fla....

...Walker, 88 So.2d 312, 314 (Fla.1956). As this court remarked in In re Guardianship of Bentley, 342 So.2d 1045, 1046-47 (Fla. 4th DCA 1977), The Circuit Court has jurisdiction as prescribed by the Constitution and general law. See Article V, Section 5, Florida Constitution, and Section 26.012, Florida Statutes (1975)....

...g each time a party fails to comply with a required deadline. The Company's appellate lawyers in the Circuit Court are presumably not lay persons ignorant of appellate procedures. I think one warning ought to be enough for appellate lawyers. [5] See § 26.012(1), Fla....

...cuit, the State judicial district which encompasses Dade County, Florida, part of the Southern District of Florida. See § 47.011, Fla.Stat. Finally, the subject matter of the Complaint falls within the general jurisdiction of the Circuit Court. See § 26.012, Fla....

...THREADGILL, Judge. The state appeals an order of the Collier County Court that declares section 316.193(6)(d), Florida Statutes (Supp. 1994), unconstitutional. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A) and section 26.012(1), Florida Statutes (1993)....

...knowledge whatever as to a material element of the crime which made these offenses felonies as opposed to misdemeanors [compare § 832.05(2), Fla. Stat. (1979)], a matter which went directly to the circuit court's jurisdiction to try this case. See § 26.012(2)(d), 34.01(1), Fla....

...Therefore under the particular allegation and the provisions of section 322.212(6), Florida Statutes, the original charge alleged a second degree misdemeanor and the defendant was erroneously convicted and sentenced for a third degree felony. Furthermore, under section 26.012(2)(d), Florida Statutes, the circuit court did not have jurisdiction over the second degree misdemeanor because it did not arise out of the same circumstances as a felony which was also charged....

...The state appeals from an order of the county court suppressing evidence of appellee's refusal to submit to a chemical breath test and declaring unconstitutional a portion of section 316.1932(1)(a), Florida Statutes (1982 Supp.). We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(B) and section 26.012(1), Florida Statutes (1981)....

...l have original jurisdiction not vested in the County Courts. Article V, Section 20, provides that the Legislature may make such changes in the jurisdiction of the Circuit Court as would not be inconsistent with Sections 1 through 19 of the Article. Section 26.012, Florida Statutes (Supp....

...risdiction in the County Court deprives the Circuit Courts of this jurisdiction. Only the Florida Constitution and the Legislature, where authorized by the Constitution, may confer jurisdiction on the courts of this State. Art. V, §§ 5(b), 20; and § 26.012, Fla....

...[2] An issue not raised by the parties in their memoranda is whether there is the sufficient jurisdictional amount in controversy as to Count I if it is severed from Count II. Plaintiff's complaint merely states the jurisdictional amount for circuit courts in Florida, $5,000. See F.S.A. § 26.012(2)(a)....

...This case reached the circuit court by an interlocutory appeal from the order of the county court denying respondent's demand for a jury trial. Circuit courts have jurisdiction of appeals from county courts except those appeals which may be taken directly to the supreme court. Section 26.012, Florida Statutes (1977)....

...A "division" of the circuit court is permanently presided over by a county judge. A criminal defendant charged with a crime that could — as, indeed, it ultimately did — result in life imprisonment, is tried before a county judge rather than the circuit judge our law requires. See § 26.012(2)(d), Fla....

...They shall have the power of direct review of administrative action prescribed by general law. A circuit court may issue an extraordinary writ only where it has original or appellate jurisdiction. A circuit court may exercise appellate jurisdiction over administrative action where authorized by the legislature. Section 26.012, Florida Statutes (2005), grants the circuit courts appellate jurisdiction over "final administrative orders of local government code enforcement boards." That jurisdiction does not extend to the Division, a state agency....

...State, 990 So.2d 684, 685 (Fla. 2d DCA 2008) (“The circuit court’s jurisdiction over misdemeanors is limited to those misdemeanors arising out of the same circumstances as any felonies charged in the same charging document.” (citing Art. V, § 20(c)(3), Fla. Const.; § 26.012(2)(d), Fla....

...It further argues that the denial of the motion to dismiss was in effect an exercise by the circuit court of the authority formerly granted to county judges but now properly exercised by the circuit court to extend the time within which suits may be filed. See Fla. Stat. § 26.012(2)(b), F.S.A....

...ecluded from making a determination of that issue. This Court finds that the Circuit Court Order of June 15, 1983 is void on its face, because that Court lacked subject matter jurisdiction to rule on the claim for possession of the demised premises. Section 26.012(2)(f), Fla.Stat....

...lack of jurisdiction of the Circuit Court, these cases are implicit authority for a determination on the subject matter jurisdiction of the Circuit Court as to the claim of the sublessor REILLY for possession of the demised property. Because both §§ 26.012(2) and 34.011(2) use the words "exclusive jurisdiction," the finding *574 that the County Court has exclusive jurisdiction in landlord tenant possessory cases necessarily dictates, by definition, a finding that the Circuit Court lacks jurisdiction over the same subject matter....

...Counts I and II of the Circuit Court Complaint sought judgments for $95,320.77 as damages under a Promissory Note and for breach of the sublease. As to Counts I and II the Circuit Court clearly possessed jurisdiction to hear and try these issues. See §§ 26.012(2)(a), 34.011(1), and 34.01(2), Fla.Stat....

...Therefore, the cause is remanded with directions to discharge the appellant. Reversed and remanded with directions to discharge the appellant. NOTES [1] The new text of Article V, § 5, F.S.A., was adopted by the special election of March 14, 1972, and became effective January 1, 1973. See Fla. Stat. § 26.012 (2)(c), F.S.A., and Fla....

...The State initially appealed to the circuit court appellate division. However, because the county court order declared a state statute unconstitutional, the State filed a motion to transfer the appeal to the Third District Court of Appeal. See § 26.012, Fla....

...stated that Mesnikoff is a “tenant who refuses to vacate the premises.” (emphasis added). During the hearing, the county court correctly recognized its lack of jurisdiction to adjudicate Backyard Trading’s action for ejectment filed under section 66.021. See § 26.012(2)(f), Fla....

...4th DCA 1983) (holding 4 Even if Backyard Trading had not voluntarily dismissed its action for ejectment, the trial court would have nonetheless lacked subject matter jurisdiction because, as stated early, circuit courts have “exclusive original jurisdiction” in “actions for ejectment.” § 26.012(2)(f). 8 that a court’s “incorrect decision on subject matter jurisdiction ....

...on or restriction, the legislature is free to vest courts with exclusive, concurrent, original, appellate, or final jurisdiction.” Alexdex Corp. v. Nachon Enters., Inc., 641 So. 2d 858, 861 (Fla. 1994). As to the circuit courts’ jurisdiction, section 26.012, Florida Statutes (2013), specifies, in relevant part, that: (2) [The circuit courts] shall have exclusive original jurisdiction: (a) In all actions at law not cognizable by the county courts; .... (c)...

...jurisdictional amount of the county court [$15,000 or less], except as otherwise restricted by the State Constitution or the laws of Florida.” (emphasis added). The tension between the exclusive grant of jurisdiction to the circuit courts over “all cases in equity” in section 26.012(2)(c), and the subsequent 1990 amendment stating that county courts “may hear all matters in equity” so long as 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....

...The Court stated: We now have two statutes that when considered separately are clear, precise, and their 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. Therefore, in order to give each statute its full effect, we conclud...

...nding the amount at issue, $4,140.44, was within the county court’s jurisdictional limits. The court reviewed the applicable jurisdictional law and held that circuit courts statutorily have jurisdiction over lien foreclosures on real property, see § 26.012(2)(g), Fla. Stat., but that, contrarily, circuit courts statutorily have exclusive equity jurisdiction despite county courts statutorily having equity jurisdiction within their jurisdictional limits. 641 So.2d at 862 ; see §§ 26.012(2)(c), 34.01(4), Fla....

...After A-One declined to vacate the premises, Waterside brought an action for eviction in county court. See § 34.011(2), Fla. Stat. (1987). A-One counterclaimed for equitable and declaratory relief. As the counterclaim was within the jurisdiction of the circuit court, § 26.012, Fla....

...The amendment added a new sentence to subsection 34.011(2), Florida Statutes, so that the statute now 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. 26.012....

...ders of the county court "that the county court has certified to be of great public importance," and therefore our review is limited to the certified question. However, our review is mandatory because the county court declared a statute invalid. See § 26.012, Fla....

...Woodbury first argues that the trial court did not have subject matter jurisdiction over the misdemeanor DUI once it dismissed the felony DUI. We disagree, and we conclude that the circuit court properly maintained jurisdiction of the lesser-included misdemeanor offense. Section 26.012(2)(d), Florida Statutes *19 (2010), gives the circuit court exclusive original jurisdiction of “all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged.” In Allen v....

...Id.; see also Cherokee Crushed Stone, Inc. v. City of Miramar, 421 So.2d 684, 685 (Fla. 4th DCA 1982) (noting that a municipal ordinance “may not confer jurisdiction on the circuit court where none otherwise exists”). The circuit courts’ jurisdictional scope is codified in section 26.012, Florida Statutes (2009), which contains an exclusive list of the types of cases that fall within the original and review jurisdiction of the circuit courts. Nothing in either article V of the Florida Constitution or section 26.012 permits a city, county, or other municipal body to confer jurisdiction on a circuit court by enacting local laws or codes....

...court acquired jurisdiction. Under most circumstances, this would be correct. See Engel, 656 So.2d at 548 (holding that circuit court has exclusive jurisdiction over all felonies and misdemeanors arising out of the same circumstances as the felony); § 26.012(2), Fla....

...amages or injunctive relief .... ” Pasco County, Fla., Land Development Code § 109.1 (2011) (emphasis added). Angelo’s argues this provision conflicts with the circuit courts’ original, exclusive jurisdiction over cases in equity, pursuant to section 26.012(2)(c), Florida Statutes (2011), a general law....

...To the extent the ordinance attempts to prevent a circuit court from granting relief attending its declaratory judgment, the ordinance would conflict with various general laws, rendering it unconstitutional. See Shands Teaching Hosp. & Clinics, Inc. v. Mercury Ins. Co., 97 So.3d 204, 211 (Fla. *976 2012). Section 26.012, Florida Statutes, vests exclusive, original jurisdiction of both actions at law (not cognizable in county courts) and cases in equity in the circuit courts. § 26.012(2)(a), (c), Fla....

...1st DCA 1991) (discussing circuit courts’ equity jurisdiction). And of course the Declaratory Judgment Act itself confers jurisdiction in the circuit court which the County cannot contravene. See § 86.011, Fla. Stat.; see also Dep’t of Revenue v. Univ. Square, Inc., 336 So.2d 371 (citing § 26.012, Fla....

...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. Stat. (2003) (providing that county courts have jurisdiction over all misdemeanors not cognizable in circuit court). Section 26.012, Florida Statutes (2003), describes the jurisdiction of the circuit courts and provides that circuit courts have jurisdiction "[i]n all cases in equity including all cases relating to juveniles except traffic offenses as provided in chapters 316 and 985 " (emphasis added)....

...The case at bar is different from Woodruff because in this case, the State filed a nolle prosequi in county court and refiled the misdemeanor charge in circuit court. Because the State filed new charges in circuit court after its nolle prosequi in county court, the circuit court obtained exclusive jurisdiction pursuant to section 26.012(2)(d), Florida Statutes (circuit courts "shall have exclusive original jurisdiction: Of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged;"); Ledlow v. State, 743 So.2d 165 (Fla. 4th DCA 1999)(circuit court had subject matter jurisdiction over felony and misdemeanor, quoting § 26.012(2)(d), Fla....

...As distinguished by the Court in Woodruff, "Reed is easily distinguished from the instant case because in Reed the information charging the defendant with felonies was not filed until after the speedy trial period had run." Woodruff, 676 So.2d at 978. Moreover, in Reed, there was not a loss in jurisdiction arising from section 26.012(2)(d), Florida Statutes....

5th DCA 1980). . Art. V, § 5(b), Fla.Const.; § 26.012, Fla. Stat.(1979). . Rogers & Baxter, Certiorari

estate. Troi-ano contends that, pursuant to section 26.-012(2), Florida Statutes (1987), the Lake County

...ent four-year sentences for each conviction. These judgments are affirmed. However, the crime prosecuted in case no. 74-4596 (appeal case no. 74-1543) was a misdemeanor, rather than a felony. It was properly triable in circuit court under Fla.Stat., § 26.012(2) (d) (1973), but the sentence could not exceed the one year maximum for a misdemeanor....

courts by article V, section 20(c)(3), and section 26.012, Florida Statutes (2002). I recognize that

SMITH, Acting C. J., and BOOTH, J., concur. . § 26.012(2)(d), Fla.Stat. (1977).

PER CURIAM. The state appeals a county court order dismissing an information against appellee and declaring section 316.1934, Florida Statutes (1985), unconstitutional. This court has jurisdiction pursuant to section 26.012, Florida Statutes (1985)....

relief are classic equitable remedies, and Section 26.-012(2)(c), Florida Statutes (1979), gives the circuit

...if convicted defendant would be guilty of a misdemeanor of the first degree and thus, the circuit court lacks jurisdiction. The state appeals the order of dismissal. We reverse. By virtue of Section 5(b) of Article V of the Florida Constitution, and F.S. § 26.012(2) (d), the circuit court has jurisdiction of all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged....

January 1, 2023) and in all cases of equity. See § 26.012(2)(a), Fla. Stat. (2024). Because Gauvin’s complaint

...2d 1 The circuit courts of Florida are “superior courts of general jurisdiction, and nothing is intended to be out of the jurisdiction of a superior court, except that which specially appears so to be.” Curtis v. Albritton, 132 So. 677, 681 (Fla. 1931); see Art. V, § 5(b), Fla. Const.; § 26.012, Fla....

...could obtain a civil court judgment and open a probate action as a creditor of Former Husband’s estate. Regardless of whether the case was classified as a probate, support, or civil creditor claim, the trial court had subject matter jurisdiction. See § 26.012(2)(a)– (b), Fla....

...Petitioner is mistaken in an essential respect. Although he characterizes his challenge as involving subject matter jurisdiction, he is mistaken. There can be no dispute that the circuit court has subject matter jurisdiction over cases involving dissolution of marriage. See § 26.012(2)(a), Fla....

...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)....

the circuit courts shall be provided by law. Section 26.012, Florida Statutes, provides that circuit courts

...While such an omission may well render the information insufficient, the defect may be waived, Sinclair v. State, 46 So.2d 453 , and a conviction will be upheld where the unalleged element is proved. Tracey v. State, 130 So.2d 605 . A jurisdictional defect is otherwise. Pursuant to Section 26.012(2)(d), Florida Statutes (1985), a circuit court has jurisdiction “[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged.” Accordingly, it has been held that “where the o...

...seq., Florida Statutes (1994), to be unconstitutional. We have jurisdiction pursuant to rule 9.030(b)(1)(A), Florida Rules of Appellate Procedure (1996), and reverse the county court’s order. See also State v. Block, 428 So.2d 782 (Fla. 4th DCA 1983); § 26.012(1), Fla....

...relating to the settlement of the estates of decedents and minors, the granting of letters testamentary, guardianship, involuntary hospitalization, the determination of incompetency, and other jurisdiction usually pertaining to courts of probate.” § 26.012(2)(b), Fla....

(Fla. 1st DCA 1977); Art. V, § 5(b), Fla.Const.; § 26.012(2)(c), Fla.Stat. (1979), which jurisdiction was

or by an adjudication of paternity. Ala.Code § 26-12-1, et seq. (1975). Everage v. Gibson, 372 So.2d

Constitution of the State of Florida, (1971) and Section 26.012(2)(b) and 34.-01(l)(b), Florida Statutes, (1983)

...We have certiorari jurisdiction to review final orders of circuit courts acting in their appellate capacity. Art. V, § 4(b)(3), Fla. Const.; Fla. R. App. P. 9.030(b)(2)(B). The circuit court had appellate jurisdiction over the county court’s final order. § 26.012(1), Fla....

...The State appeals from a final county court order declaring section 316.1905(3)(b), Florida Statutes (2011), unconstitutional as an infringement upon the supreme court’s authority to promulgate procedural law. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(1)(A) and section 26.012(1), Florida Statutes, and reverse the order on appeal....

...that plaintiff failed to state a cause of action as to them. The count remains viable as to ex-employee Abuin. The jurisdiction of the circuit court to award a money judgment may be invoked by a demand for damages in the minimum amount of $5,000. §§ 26.012(2)(a), 34.-01(l)(c)2, Fla.Stat....

...the corporation pursuant to section 812.035, Florida Statutes (1989), which authorizes the circuit court to exercise its equitable powers in awarding the various remedies denominated within that section upon proof of theft under section 812.014. See § 26.012(2)(c), Fla.Stat....

...at 1244 (emphasis added). Liebman addressed the confusion surrounding the administrative hearing requirement. In 1971, section 394.467 provided that a hearing officer should hear petitions for continued hospitalization. Id. at 1245. In 1972, the Legislature passed section 26.012, Florida Statutes, "which provided that the circuit court should have exclusive original jurisdiction of proceedings relating to involuntary hospitalization and the determination of incompetency." Id....

...at 1244 (emphasis added). Liebman addressed the confusion surrounding the administrative hearing requirement. In 1971, section 394.467 provided that a hearing officer should hear petitions for continued hospitalization. Id. at 1245 . In 1972, the Legislature passed section 26.012, Florida Statutes, “which provided that the circuit court should have exclusive original jurisdiction of proceedings relating to involuntary hospitalization and the determination of incompetency.” Id....

...essary to determine the value of appellee's nonhomestead property for taxation purposes. See § 194.171(1), Fla. Stat. (2006) (providing that the circuit courts shall "have original jurisdiction at law of all matters relating to property taxation"); § 26.012(2)(c) & (3), Fla....

...Under the numbering system in effect at the time, the correct lower tribunal number was 2532. We remand for correction of the lower tribunal number. Affirmed; remanded for correction of lower tribunal number. NOTES [*] Although not relevant for this appeal, the juvenile court became part of the circuit court in 1973. See § 26.012(2)(a), Fla....

...Art. V, § 3(b)(3), Fla. Const. Of course, the district courts are not the only appellate courts in Florida. The circuit courts serve as appellate courts when reviewing orders of the county courts and local governments. Art. V, § 5(b), Fla. Const.; § 26.012(1), Fla. Stat....

...ed, in her pro se answer and affirmative defenses, an equitable ownership interest in the property, thus requiring transfer of this action to the circuit court, with exclusive jurisdiction to adjudicate this as an ejectment action, as provided by section 26.012(2)(f), Florida Statutes (2023)....

...ce of which is a claim for ‘unlawful withholding of possession by the defendant,’ The issue raised by a claim of unlawful detainer is one of possession, not ultimate title to the property.” (emphasis added) (internal citations omitted). See § 26.012(2)(f), Fla....

...The traffic court and county court cases were consolidated and resolved by a guilty plea; however, the state subsequently moved to vacate that plea on the ground that the circuit court had exclusive subject matter jurisdiction over misdemeanors which arise out of the same circumstances as a felony which is also charged. See § 26.012(2)(d), Fla....

...State, 447 So.2d 271 (Fla. 2d DCA 1983). We agree with our sister courts. REVERSED and REMANDED for trial. COBB, C.J., and SHARP, J., concur. . District courts of appeal have jurisdiction to review county court orders finding a statute to be unconstitutional. See § 26.012(1), Fla.Stat....

...controversy in civil circuit and non-small-claims county court cases to be used to evaluate the need for adjustments to the county court jurisdictional limit. 5 Those amendments, which the Court has modified to be consistent with the circuit courts’ exclusive jurisdiction under section 26.012(2)(f) and (g), Florida Statutes (2019), also implement recent statutory changes that, as relevant here, increase the county court jurisdictional limit to $30,000, effective January 1, 2020, and require OSCA to include the claim value of county court and circuit court filings in the reports 3....

...The trial court correctly concluded that the total amount of damages appellant claimed in good faith from appellee in his complaint for conversion and civil theft fell below the statutory minimum amount necessary to invoke its jurisdiction. See § § 26.012(2)(a) & 34.01(l)(c)4, Fla....

...Therefore, the cause is remanded with directions to discharge the appellant. Reversed and remanded with directions to discharge the appellant. . The new text of Article V, § 5, F.S.A., was adopted by the special election of March 14, 1972, and became effective January 1, 1973. See Fla.Stat. § 26.012 (2) (c), F.S.A., and Fla.Stat....

...We reverse. Because the circuit court has exclusive jurisdiction over proceedings relating to the settlement of the estates of decedents, including proceedings to determine a probate lawyer’s compensation, we conclude that the county court did not have subject matter jurisdiction to determine this fee dispute. § 26.012(2)(b), Fla....

...Ins. Co., 630 So. 2d 179, 181 (Fla. 1994) (citing Lovett v. Lovett, 112 So. 768 (Fla. 1927)). The claim in the Present Action is within the class of cases over which the trial court has subject-matter jurisdiction. See Art. V, § 5(b), Fla. Const.; § 26.012(2), Fla....

...(2009) (conferring authority on “the court” to order relocation following evaluation of the criteria listed therein); § 61.13(2)(d), Fla. Stat. (2005) (governing relocation requests from October 1, 2005, through September 30, 2006, and conferring jurisdiction on “the court” to adjudicate such requests); see also § 26.012(2)(c), Fla....

...ferent result. Clearly, both the Volusia County Circuit Court and the Orange County Circuit Court have subject matter jurisdiction (i.e., the authority and power to resolve the parties’ dispute) over the instant case. Art. V, § 5(b), Fla. Const.; § 26.012, Fla....

with a superior right to possession of property. § 26.012(2)(f), Fla. Stat. (2021); see also Pro-Art Dental

...After the passage of time without action on the complaint, a mandamus petition was then filed by Graham in this court to compel a resolution by the trial court. The mandamus petition was assigned case number 1D03-5222, but then transferred to the circuit court, the proper forum. See Fla. R.App. P. 9.030(c)(1)(A) and (3); § 26.012(1), Fla....

Article V, Section 6, Florida Constitution; Section 26.012, Florida Statutes (1975) (Jurisdiction of Circuit

...te allege and then prove the specific intoxicant which caused the accused to be “intoxicated” or “under the influence to such extent as to deprive of full possession of normal faculties.” (Emphasis original.) We have jurisdiction pursuant to section 26.012(1), Florida Statutes (1981)....

...his normal faculties, to drive or operate over the highways, streets, or thoroughfares of Florida any automobile, truck, motorcycle, or other vehicle. Any person convicted of a violation of this section shall be punished as provided in s. 316.193. . Section 26.012(1) provides: Circuit courts shall have jurisdiction of appeals from county courts except appeals of county court orders or judgments declaring invalid a state statute or a provision of the State Constitution....

...he Florida Constitution and Statutes discussed therein also gave circuit courts exclusive jurisdiction in non-refund cases where the legality of an assessment was challenged before payment of the taxes. Chapter 81-178, § 1, Laws of Florida, amended § 26.012(2)(e), Fla.Stat., which provided the circuit court would have exclusive jurisdiction “In all cases involving the legality of any tax assessment or toll,” by adding “except as provided in s.213.19.” Chapter 81-178, § 11 created § 213.19, Fla....

...The state appeals an order of the County Court of Pinellas County dismissing charges of "disturbing a religious assembly." In so doing the county court held that the applicable statute, section 871.01, Florida Statutes (1991), is unconstitutionally overbroad and vague. We have jurisdiction; section 26.012(1), Florida Statutes (1991); and reverse....

...On motion, the trial court dismissed the action because it lacked jurisdiction to try the matter. We agree and affirm. It is true that the legislature has given circuit courts the jurisdiction “[o]f all felonies and of all misdemeanors arising out of the same circumstances as a felony which is also charged.” Section 26.012(2)(d), Florida Statutes....

...arly and specially appears so to be.”). Florida statutes state that the circuit courts have “exclusive original ju- risdiction” over “all actions at law not cognizable by the county courts,” as well as “all cases in equity.” Fla. Stat. § 26.012. USCA11 Case: 18-14808 Date Filed: 06/09/2022 Page: 83 of 86 18-14808 TJOFLAT, J., Specially Concurring 7 remand, would have to provide the process due Johnston—a name-clearing hearing....

circumstances, were only triable in the circuit court. See § 26.012(2), Fla.Stat. (1993) (circuit courts “shall have

...9.030(c)(3). 2 Rule 9.130 “applies to appeals to the district courts of appeal of the non-final orders authorized herein and to appeals to the circuit court of non-final orders when provided by general law.” Fla. R. App. P. 9.130(a)(1). 6  Under section 26.012(1), Florida Statutes (2017), “Circuit courts shall have jurisdiction of appeals from county courts except appeals of county court orders or judgments declaring invalid a state statute or a provision of the State Constitution and except orders or judgments of a county court which are certified by the county court to the district court of appeal to be of great public importance and which are accepted by the district court of appeal for review. . . .” § 26.012(1), Fla....

...that requires the Appellate Division of the Eleventh Judicial Circuit to exercise jurisdiction over petitions for writs of mandamus arising out of cases originally filed in the Miami-Dade County Court. Specifically, there is no conflict with section 26.012(1) because the Appellate Division is contained within the Circuit Court of the Eleventh Judicial Circuit and is comprised of panels of three circuit court judges....

...The circuit court, in denying the petition for writ of prohibition, wrote a fine opinion, with which we generally agree. The petitioner mainly suggests that section 985.201, Florida Statutes (2002), and the decision of the Florida Supreme Court in V.K.E. v. State, 934 So.2d 1276 (Fla.2006), have somehow overcome section 26.012 and section 316.635 Florida Statues, as well as case law consistently confirming the jurisdiction of the county court in such cases, including State v....

...e system, but rather, remain vital. We further agree with the circuit court that V.K.E. is of marginal relevance to this case and, to the extent it is relevant, it reinforces the notion that such express legislative enactments as section 316.635 and 26.012 be enforced according to their terms....

...The circuit courts of Florida are "superior courts of general jurisdiction, and nothing is intended to be out of the jurisdiction of a superior court, except that which specially appears so to be." Curtis v. Albritton , 101 Fla. 853 , 861, 132 So. 677 , 681 (1931) (citation omitted); see Art. V, § 5(b), Fla. Const.; § 26.012, Fla....

...The circuit courts of Florida are "superior courts of general jurisdiction, and nothing is intended to be out of the jurisdiction of a superior court, except that which specially appears so to be." Curtis v. Albritton , 101 Fla. 853 , 861, 132 So. 677 , 681 (1931) (citation omitted); see Art. V, § 5(b), Fla. Const.; § 26.012, Fla....

...currént jurisdiction provisions of section 72.011, Florida Statutes. In the absence of other jurisdictional authority, the legality of such a tax assessment remains within the exclusive original jurisdiction of the circuit courts in accordance with section 26.012(2)(e), Florida Statutes, and article V, section 20(c)(3), Florida Constitution....

...Davis contends that the circuit court did not have jurisdiction to consider the civil traffic infraction. The State offers no argument to the contrary. The circuit court’s jurisdiction in this matter was limited to the felony and any misdemeanor that arose from the same incident. See § 26.012(2)(d), Fla. Stat. (2012). Section 26.012(2)(d) does not grant authority to the circuit court to consider the civil traffic infraction, even though the infraction arose from the same circumstances as the charged felony....

...of real property” under section 34.011(2), Florida Statutes (2022), is subject to several exceptions where the right of possession relates to an amount in controversy or specific subject matter within the jurisdiction of the circuit court under section 26.012....

...the court may grant such relief as 2 See § 34.011(2) (“[T]he 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.”); see also, e.g., § 26.012(2)(f), (g), Fla....

...ounty courts . . . . ” Since there is no general law giving county courts jurisdiction over cases involving children in need of supervision, it must lie in the Circuit Courts. The original jurisdiction of the Circuit Courts is set out in Fla.Stat. § 26.012(2), F.S.A., as being, inter alia: (a) In all actions at law not cognizable by the county courts; and (c) In all cases in equity including all cases relating to juveniles [except traffic offenses as provided in chapters 39 and 316;]....

...the right of possession of real property . . . 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.” § 34.011(2), Fla....

...However, Dupree’s counterclaim or affirmative defense regarding his interest in the real property requires a more fulsome jurisdictional analysis. Dupree’s claim of equitable interest in the property triggers “the circuit court[’s] jurisdiction as provided in s. 26.012.” § 34.011(2), Fla. Stat. (2020). Section 26.012 provides exclusive original jurisdiction to the circuit court: (a) In all actions at law not cognizable by the county courts; [...] (f) In actions of ejectment; and (g) In all actions involving the title and boundaries of real property. § 26.012, Fla....

...an equitable interest in the property, ejectment, not eviction, was the proper remedy, and the matter should have been transferred to the circuit court. The circuit court has ‘exclusive original jurisdiction’ over ejectment actions.”) (citing § 26.012(2)(f), Fla....

...[2] The trial court's decision is contrary to our opinion in Bouters v. State, 634 So.2d 246 (Fla. 5th DCA 1994). Accordingly, we reverse and remand for further proceedings. REVERSED and REMANDED. COBB, W. SHARP and THOMPSON, JJ., concur. NOTES [1] § 784.048(2), Fla. Stat. (Supp. 1992). [2] § 26.012, Fla....

concur. . § 784.048(2), Fla.Stat. (Supp.1992). . § 26.012, Fla.Stat. (1993); Fla.R.App.P. 9.030(b)(1).

...(emphasis added). Far from having been changed by general law, this requirement remains codified at section 194.171(1) of the Florida Statutes (“The circuit courts have original jurisdiction at law of all matters relating to property taxation.”), and at section 26.012(2)(e) (“[Circuit courts] shall have exclusive original jurisdiction: ....

...Chief among the legal principles driving this result are the status of Florida’s property appraisers as elected, independent constitutional officers; the exclusive original jurisdiction of circuit court in tax assessment matters under the constitution and sections 26.012(2)(e) and 194.171(1); the de-novo standard of review required by section 194.036(3); and the one- year-at-a-time concept embedded in rules, regulations, and longstanding tax law practice and procedure....

...That is because a “judicial or quasi-judicial decision will not be given res judicata effect where rendered by a tribunal lacking subject matter jurisdiction.” Id. at 943. Moreover, the vesting of circuit courts with “exclusive original jurisdiction” in the general jurisdiction statute, section 26.012(2)(e), Florida Statutes (circuit courts have “exclusive original” jurisdiction in “all cases involving legality of any tax assessment or toll or denial of refund, except as provided in s. 72.011”), as to certain tax matters, do...

...ering a particular subject area always controls over a statute covering the same and other subjects in more general terms.” McKendry v. State, 641 So. 2d 45, 46 (Fla. 1994); Stevens v. State, 127 So. 3d 668, 669 (Fla. 1st DCA 2013) (same). To read section 26.012(2)(e) and section 72.011 as both providing “exclusive original jurisdiction” is mistaken; the word “exclusive” is only in the general statute....

...3d DCA 2009) (citation omitted). “By statute, county courts exercise jurisdiction to decide actions for eviction, but circuit courts have exclusive original jurisdiction in ejectment actions.” Ward v. Est. of Ward, 1 So. 3d 238, 239 (Fla. 1st DCA 2008) (citing § 26.012(2)(f), Fla....

...Before the scheduled December, 1988 final hearing and after denying husband’s motion for summary judgment, the trial court on its sua sponte motion denied wife’s supplemental petition. We affirm in part and reverse in part. Florida Circuit Courts have “subject matter” jurisdiction over child custody proceedings. § 26.012, Fla.Stat....

...Toledo asserted in her answer that she was not a tenant and that she had an equitable interest in the property, ejectment, not eviction, was the proper remedy . . . .”); Mesnikoff v. FQ Backyard Trading, LLC, 239 So. 3d 765, 770 (Fla. 3d DCA 2018). Section 26.012(2)(f), Florida Statutes (2019), provides that the circuit courts of this state have “exclusive original jurisdiction” over ejectment actions....

...light of this legislative enactment, a circuit court lacks extraordinary writ jurisdiction in a case where it does not have direct appellate jurisdiction. See Dodd Chiropractic Clinic, P.A. v. USAA Cas. Ins. Co., 313 So. 3d 178 (Fla. 1st DCA 2021) (“As of January 1, 2021, section 26.012, Florida Statutes, was amended to remove a circuit court’s jurisdiction to hear most appeals from the county courts....

V, section 4(b)(1), Florida Constitution; section 26.-012(1), Florida Statutes (1981); and Florida Rule

...At the urging of the probation officer and prosecutor, midway through the plea colloquy, the trial court ordered fingerprinting as a condition of probation. Hitchman subsequently filed a formal objection, claiming the trial court exceeded its jurisdiction in compelling the exemplars. 1 We have jurisdiction. See § 26.012, Fla. Stat. (2021); Dodd Chiropractic Clinic, P.A. v. USAA Cas. Ins. Co., 313 So. 3d 178 (Fla. 1st DCA 2021) (“As of January 1, 2021, section 26.012, Florida Statutes, was amended to remove a circuit court's jurisdiction to hear most appeals from the county courts....

...2 On the day of trial, NB Sports moved to prevent United from reading the deposition testimony of its medical expert, Dr. Michael Weinreb, who 1 This circuit court appeal was transferred to this Court in January 2021. See Chapter 20-61, section 3, Laws of Florida (amending section 26.012(1) and repealing section 924.08 to remove circuit court jurisdiction over the majority of the appeals of county court orders or judgments and vesting jurisdiction of those appeals in the district courts of appeal)....

...until a cutoff date2 after which time it did not pay any more benefits. 1 This case was transferred from the circuit court’s appellate division following the January 1, 2021 jurisdictional change. See Ch. 20-61, § 3, Laws of Fla. (amending § 26.012(1), Fla....

...See also § 90.702, Fla. Stat. (2020). 3 Originally filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, this appeal was transferred to this Court in January of 2021. See chapter 20-61, section 3, Laws of Florida, amending section 26.012(1) and repealing section 924.08, to remove circuit court jurisdiction over the majority of the appeals of county court orders or judgments and vesting jurisdiction of those appeals in the district courts of appeal....

...in a responsive pleading except as provided in subdivision (h)(2).”). Here, the trial court lost its case jurisdiction over the foreclosure action when it entered the final judgment denying foreclosure in 2015, but it always maintained its subject matter jurisdiction over the action pursuant to section 26.012(2)(g), Florida Statutes....

...hear the amended complaint due to its previous entry of a final judgment in the matter. However, Schmidt did not raise the issue and instead sought affirmative relief, assuring the trial court that “[t]his Court has jurisdiction pursuant to Fla. Stat. § 26.012(2)(g).” Schmidt petitioned the court to remove the cloud from the title and to 3....

...ble or unlawful 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 section 26.012. In cases transferred to the circuit court pursuant to Rule 1.170(j), Florida Rules of Civil Procedure, or Rule 7.100(d), Florida Small Claims Rules, the demands of all parties shall be resolved by the circuit court. Section 26.012(1), Florida Statutes (1994), entitled Jurisdiction of circuit court, provides that “circuit courts shall have jurisdiction of appeals from county courts....” The order being appealed in the instant case has all of the indicia of an order of the county court. We therefore hold that the “Final Judgment” under review is, in fact, a ruling of the county court subject to review by the circuit court in its appellate capacity pursuant to section 26.012(1), and accordingly dismiss this appeal....

section 100.371. See art. V, §§ 5-6, Fla. Const.; § 26.012, Fla. Stat. (2006) (prescribing the jurisdiction

...2008) (citation omitted). The trial court correctly denied appellee’s motion to dismiss based on jurisdiction. Circuit courts “shall have exclusive original jurisdiction” in “all cases relating to juveniles except traffic offenses as provided in chapters 316 and 985.” § 26.012(2)(c), Fla....

...The postconviction court dismissed grounds one, two, and three. The judge erroneously reasoned he lacked jurisdiction because he did not preside over the 2012 case. Contrary to the judge's ruling, the postconviction court had jurisdiction over the felonies and misdemeanors in the 2012 case. See § 26.012(2)(d), Fla....

...ANALYSIS 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....

...The standard of review for an order granting a motion to dismiss is de novo. See Accardi v. Hillsboro Shores Imp. Ass’n, Inc., 944 So. 2d 1008, 1011 (Fla. 4th DCA 2005). The association argues that the trial court erred in dismissing the case for lack of subject matter jurisdiction, because section 26.012, Florida Statutes (2017), confers subject matter jurisdiction over equitable matters, and section 26.012(3) specifically provides that circuit courts “may issue injunctions.” We agree that the circuit court has subject matter jurisdiction under these statutes. The unit owners contend that section 718.1255, Florida Statutes (2017...

...judgment in favor of Superior and remand for the trial court to enter 1 Prior to January 1, 2021, circuit courts had jurisdiction over appeals from county court orders and judgments. See Davis v. Clark, 326 So. 3d 781, 782 n.1 (Fla. 2d DCA 2021) ("[T]he legislature amended section 26.012(1), Florida Statutes (2020), to eliminate circuit court jurisdiction over appeals of county court orders and judgments, effective January 1, 2021." (citing ch....

...probation and to resentence Mr. Tluczek for this misdemeanor. We recognize that a circuit court has jurisdiction to enter a judgment and sentence on only a misdemeanor offense, as a lesser offense, when the information properly charges a felony. See § 26.012(2)(d), Fla....

...Florida and cannot abrogate the circuit court’s jurisdiction over the administration of the property in question. Without determining the validity of the purported license agreement, we agree. Article V, Section 20 of the Florida Constitution and section 26.012(2)(b), Florida Statutes (2003), provide that circuit courts shall have “exclusive original jurisdiction” over “proceedings relating to the settlement of estates of decedents.......

boundaries or right of possession of real property.”); § 26.012(2)(g), Fla. Stat. (2024) (“Circuit courts shall

...of the tax occurred prior to the Debtor’s circuit court action, when the Department issued its Notice of Decision in April of 1981. In reaching this result, the Court also relies on other provisions of Florida statutory law, both past and present. Section 26.012(2)(e), Fla.Stat....

...2d DCA 1986), that it is a violation of section 893.13(1)(a)2 to possess with intent to sell any amount of cannabis and that such a violation is a third degree felony. The circuit court, therefore, has jurisdiction to consider the possession with intent to sell charge and pursuant to section 26.012(2)(d), Florida Statutes (1985) also has jurisdiction to consider the misdemeanor charge contained in the same information....

...72 , 104 P. 493 (1909). A criminal information must allege sufficient facts to create and activate a circuit court’s exclusive felony jurisdiction. Young v. State, 439 So.2d 306 (Fla. 5th DCA 1983); Christopher v. State, 397 So.2d 406 (Fla. 5th DCA 1981); § 26.012(2)(d), Fla.Stat....

PER CURIAM. The order of the trial court transferring this cause to the county court is REVERSED. § 26.012(2)(a), Fla.Stat....

...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. § 26.012(2)(d), Fla....

...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....

...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. § 26.012(2)(d), Fla....

...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....

...Mandamus is an extraordinary remedy available only when the lower tribunal fails to perform a purely ministerial duty; the remedy does not lie to force the lower tribunal to rule in a particular manner. Mathews v. Crews, 132 So. 3d 776, 778 (Fla. 2014). Citing to section 26.012 of the Florida Statutes, Klugh argues that, by requiring Klugh to exhaust administrative remedies, the circuit court skirts its ministerial obligation to adjudicate the legality of the challenged surcharge. § 26.012(2)(e), Fla....

...nal summary judgment, in which the county court certified a question of great public importance under Florida Rule of Appellate Procedure 9.160(b). Effective January 1, 2021, statutory amendments modified the jurisdiction of circuit courts under section 26.012, Florida Statutes, and amended certification of questions to district courts of appeal under section 34.017, Florida Statutes. As a result of these legislative enactments, we exercise jurisdiction over the instant case as a plenary appeal of the summary judgment....

675 (Fla.3d DCA 1975); Art. V, § 5, Fla.Const.; § 26.012(2)(d), Fla. Stat. (1979); see also Watkins v.

...is vehicle was stopped for a violation of section 316.3045(l)(a), Florida Statutes (2008). 1 Because the trial judge granted the motion based upon a ruling that the statute was unconstitutional, this court has jurisdiction of this appeal pursuant to section 26.012(1), Florida Statutes (2012)....

...The supreme court analyzed the issue of the county court’s jurisdiction in a construction lien foreclosure case in Alexdex Corp. v. 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....

...tutes (1983). We disagree. Section 34.011(2) gives the county court “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. 26.012.” (emphasis supplied). Section 26.012(2)(b), Florida Statutes (1983) gives the circuit court original jurisdiction “[o]f proceedings relating to the settlement of the estates of decedents and minors, the granting of letters testamentary ......

...(2023). 9 Art V, § 4(b), Fla. Const. (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....

defining the jurisdiction of the circuit court. See § 26.012, Florida Statutes (1981). For the foregoing reasons

...r’s Appellate Court Rules Committee (ACR Committee). 1 We have jurisdiction2 and amend the rule as proposed. The amendment to subdivision (b)(1)(B) of rule 9.030 is in response to chapter 2019-58, section 1, Laws of Florida, which amended section 26.012(1)(a), 1....

...final orders to circuit court nonfinal orders. This amendment allows authorized appeals of nonfinal orders in county court cases in which the amount in controversy is greater than $15,000 to be heard by the district courts of appeal, which under section 26.012(1)(a) will now have appellate jurisdiction over the final judgments or orders in those cases....

...No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. § 86.011, Fla. Stat. (2003). Section 26.012(2)(c) of the Florida Statutes grants circuit courts jurisdiction over matters in equity: 26.012. Jurisdiction of circuit court [[Image here]] (2) [Circuit courts] shall have exclusive original jurisdiction: [[Image here]] (c) In all cases in equity.... § 26.012(2)(c), Fla....

...2  In dismissing Johansson’s Petition below, the appellate division concluded, among other things, that it lacked jurisdiction to review the Special Magistrate’s recommendation because such review of VAB proceedings was not within section 26.012 of the Florida Statutes’ schedule of matters over which Florida’s circuit courts have jurisdiction.2 II....

...Appellant contends on appeal that the trial court erred by dismissing its complaint for lack of subject matter jurisdiction because circuit courts have exclusive original jurisdiction in all construction lien foreclosure actions without regard to the amount in controversy. 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)....

...Notably, there is an inconsistency between Article V, Section 20(c)(3), Florida Constitution which vests circuit courts with exclusive original jurisdiction in all actions involving the titles or boundaries of real property [and in all equity actions] and section 26.012(2)(g), Florida Statutes (1991) which vests circuit courts with exclusive original jurisdiction in all actions involving the title and boundaries of real property (emphasis supplied). However, Article V, Sections 20(c) and (j), Florida Constitution specifically provide that Article V is effective from January 1, 1973 until changed by general law. In 1974, the legislature changed the language in section 26.012(2)(g), Florida Statutes (1973) giving 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....

...se restricted by the State Constitution or the laws of Florida. The district court distinguished its case involving a foreclosure action from an action to quiet title which it found to be within the circuit court's exclusive jurisdiction pursuant to section 26.012(2)(g), Florida Statutes (1991) [presumably because an action to quiet title is an action which involves the title and boundaries of real property]. The court further reasoned that because the foreclosure action in its case was not an action "`involving the title and boundaries of real property,'" it did not fall under the circuit court's jurisdiction pursuant to section 26.012(2)(g)....

...chanic's lien is an action which directly affects title to the land; rather, it merely determined that a mechanic's lien case does not involve the title and boundaries of real property, as is required to invoke the circuit court's jurisdiction under section 26.012(2)(g) (emphasis supplied)....

the county court’s jurisdictional threshold. See § 26.012(2)(c), Fla. Stat. (2017); Alexdex Corp. v. Nachon

...The county court judge accepted the no contest plea and withheld adjudication. 2 Effective January 1, 2021, this Court’s subject matter jurisdiction was enlarged to include appeals from most orders of the county court. See Ch. 20-61, § 3, Laws of Fla. (amending section 26.012(1) of the Florida Statutes and repealing section 924.08 of the Florida Statutes)....

...icating traffic infractions.” § 318.13(4), Fla. Stat. (2021) (emphasis added). Thus, section 318.16 vests the circuit court with appellate jurisdiction over a county court judge’s determination with respect to a civil traffic infraction. See § 26.012(1) Fla....

...She now argues that because the county court’s order was a nullity, the circuit court may not enforce the order. It is without dispute that the circuit court, not the county court, had exclusive original jurisdiction to preside over actions of ejectment and those involving the title of real property. § 26.012(2)©, Fla....

...was alleged to have been driving a motor vehicle while impaired when he lost control of the car, resulting in a single vehicle rollover crash. W.W. was then alleged to have fled the scene of the crash although he knew or should have known that one of his passengers had suffered personal injuries. We believe that section 26.012(2)(d) controls the resolution of this case....

...arising out of the same circumstances as a felony which is also charged.” The obvious intent of this statute is to provide for a single forum to try two or more criminal offenses when those offenses arise from the same circumstances. By doing so, section 26.012(2)(d) promotes judicial efficiency and reduces the likelihood of inconsistent results....

...th felony driving with suspended license); Heckard v. State, 712 So.2d 1157 (Fla. 2d DCA 1998) (circuit court had jurisdiction over misdemeanor driving with suspended license charge where defendant was also charged with felony DUI). W.W. argues that section 26.012(2)(c) mandates a different result where the individual charged is a juvenile....

...That section provides that a circuit court does not have exclusive original ju- *307 risdietion when a juvenile is charged with a misdemeanor traffic offense. It does not preclude the circuit court from exercising jurisdiction where, as in the present case, another statute (section 26.012(2)(d)) specifically provides for circuit court jurisdiction....

...In N.J.G., we recognized that section 316.635(1) appeared to be in conflict with section 985.201 (since renumbered as section 985.0301(1)), which provided that a circuit court shall have "exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law.” . Section 26.012(2)(c) provides: (2) [Circuit courts] shall have exclusive original jurisdiction: (c) In all cases in equity including all cases relating to juveniles except traffic offenses as provided in chapters 316 and 985.

...was alleged to have been driving a motor vehicle while impaired when he lost control of the car, resulting in a single vehicle rollover crash. W.W. was then alleged to have fled the scene of the crash although he knew or should have known that one of his passengers had suffered personal injuries. We believe that section 26.012(2)(d) controls the resolution of this case....

...rs arising out of the same circumstances as a felony which is also charged." The obvious intent of this statute is to provide for a single forum to try two or more criminal offenses when those offenses arise from the same circumstances. By doing so, section 26.012(2)(d) promotes judicial efficiency and reduces the likelihood of inconsistent results....

...th felony driving with suspended license); Heckard v. State, 712 So.2d 1157 (Fla. 2d DCA 1998) (circuit court had jurisdiction over misdemeanor driving with suspended license charge where defendant was also charged with felony DUI). W.W. argues that section 26.012(2)(c) mandates a different result where the individual charged is a juvenile....

...That section provides that a circuit court does not have exclusive original jurisdiction *307 when a juvenile is charged with a misdemeanor traffic offense. It does not preclude the circuit court from exercising jurisdiction where, as in the present case, another statute (section 26.012(2)(d)) specifically provides for circuit court jurisdiction....

...[1] There are obvious reasons for such a policy. Driving an automobile is an inherently dangerous act which potentially endangers the public. Add the consumption of alcohol or drugs, and the danger increases exponentially. [2] In reversing the trial court, the majority finds section 26.012(2)(d) controlling. That section sets forth the general rule that the circuit court has exclusive original jurisdiction of all misdemeanors arising out of the same circumstances as a charged felony. Although the Legislature has used the term "exclusive," section 26.012(2)(d) is general in nature, and speaks to the broad range of misdemeanors....

...t with section 985.201 (since renumbered as section 985.0301(1)), which provided that a circuit court shall have "exclusive original jurisdiction of proceedings in which a child is alleged to have committed a delinquent act or violation of law." [6] Section 26.012(2)(c) provides: (2) [Circuit courts] shall have exclusive original jurisdiction: (c) In all cases in equity including all cases relating to juveniles except traffic offenses as provided in chapters 316 and 985....

...2 West Medical submitted the affidavit of Dr. Kevin Wood in 1 Originally filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, this appeal was transferred to this Court in January of 2021. See Ch. 20-61, Laws of Fla. (amending section 26.012(1) and repealing section 924.08 to remove circuit court jurisdiction over the majority of the appeals of county court orders or judgments and vesting jurisdiction of those appeals in the district courts of appeal)....

...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. Stat. (2019); § 26.012, Fla....

...Lien foreclosure actions “that fall within the county court’s statutorily set limit may be filed in either county 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....

...al Circuit. See Fla. R.Crim. P. 3.850(g) (appeal from denial of 3.850 motion to “be taken to the appropriate appellate court”); art. V, § 5, Fla. Const, (“circuit courts shall have ... jurisdiction of appeals when provided by general law”); § 26.012(1), Fla....

general law. The legislature has so provided in section 26.012(1), Florida Statutes (1999), which states that

...(granting the circuit courts “original jurisdiction not vested in the county courts”); cf. Art. V, § 6(b), Fla. Const. (providing that the county courts exercise “the jurisdiction prescribed by general law”). The Legislature has by statute given circuit courts exclusive authority to hear dissolution cases. See § 26.012(c), Fla....

available to the landowner. This is true because section 26.012(2)(g), Florida Statutes (1997), provides that

...pportion undifferentiated settlements. Circuit courts have “exclusive original jurisdiction” over “proceedings relating to the settlement of the estates of decedents . . . and other jurisdiction usually pertaining to courts of probate.” § 26.012(2)(b), Fla. Stat....

...2d at 181–82. The focus is always on the class of cases—not the individual facts. For example, county courts do not have subject matter jurisdiction over ejectment actions. The authority to hear those types of cases resides exclusively with the circuit courts. § 26.012, Fla....

local governments. Art. V, § 5(b), Fla. Const.; § 26.012(1), Fla. Stat. (2016). Just as the Florida Supreme

4(b)(1), Fla. Const.; Art. V, § 5(b), Fla.Const.; § 26.-012(1), Fla.Stat. (Supp.1980). It appears appellant

...and stone crab claws. [2] Although county court judgments are ordinarily appealed to the circuit court, the legislature has excluded from circuit court jurisdiction "appeals of county court orders or judgments declaring invalid a state statute...." § 26.012(1), Fla.Stat....

...We agree with Appellee that the trial court had subject matter jurisdiction because it did not overturn the findings of an administrative agency. Appellee was charged with violating section 322.34(5), Florida Statutes (1999), a third degree felony. Therefore, the circuit court has subject matter jurisdiction. See § 26.012(2)(d), Fla....