Florida Court Records
Table of Contents
There are three levels in the Florida court system: the Supreme Court, the six district courts of appeal, and the trial courts. The trial courts consist of 20 judicial circuits and 67 county courts. Together, these courts ensure that the justice system in the state functions effectively. More than 2.5 million cases are handled annually in Florida courts.
Each level of the Florida court structure plays a distinct role in providing justice across the state. The county courts are the lowest courts in the state. Also called the people's courts, Florida county courts handle traffic offenses, civil disputes, misdemeanors, and relatively small monetary disputes. Circuit courts have general jurisdiction over matters that have not been assigned by any law to the county courts. They also handle appeals from the people's courts.
The six district courts of appeal in the Sunshine State generally decide appeals from the circuit courts and hear administrative law appeals from actions by the state's executive branch. On the top of the court structure is the Supreme Court. The Supreme Court' mandatory jurisdiction includes bond validations, death penalty cases, rules of court procedure, and statewide agency actions about public utilities.
What Are the Types of Court Records In Florida?
There are various types of courts in Florida, including the county, circuit courts, district courts of appeal, and the Supreme Court. Each of the courts handles various types of cases and generates records in the filing process and during case proceedings. Each of the courts in the state has a clerk tasked with maintaining the records of that court. The following are the types of records available from Florida courts:
- Florida Supreme Court Records
- Opinions and Decisions: Final written rulings on cases, available in public archives.
- Case Dockets: A detailed list of filings, motions, and rulings for cases before the court.
- Attorney Disciplinary Records: Cases involving lawyer suspensions, disbarments, and reinstatements.
- Administrative Orders: Judicial procedural rules, amendments, and directives.
- Case Briefs and Filings: Documents filed in Supreme Court cases, including appellant and appellee briefs.
- Oral Argument Transcripts and Videos: Records of Supreme Court hearings.
- District Courts of Appeal Records
- Appellate Opinions and Decisions: Written rulings on appealed cases.
- Appellate Briefs: Legal arguments submitted by parties in an appeal.
- Motions and Court Filings: Documents filed in appellate proceedings.
- Orders and Mandates: Court orders directing lower courts on case outcomes.
- Case Dockets: Records tracking case history and status.
- Circuit Court Records (General Jurisdiction)
- Criminal Case Records
- Felony Case Filings: Indictments, charges, and case details for felony offenses.
- Sentencing Records: Documentation of sentences imposed on convicted individuals.
- Plea Agreements: Formal agreements between the prosecution and defense.
- Warrants and Arrest Reports: Documents authorizing and detailing arrests.
- Probation and Parole Records: Supervision orders and violation reports.
- Civil Case Records
- Lawsuit Filings: Complaints, motions, and court rulings in civil disputes exceeding $30,000.
- Personal Injury and Wrongful Death Claims: Documents related to injury lawsuits.
- Breach of Contract Cases: Legal disputes involving contract violations.
- Family Law Records
- Divorce Decrees and Settlement Agreements
- Child Custody and Support Orders
- Adoption Records (sealed in most cases)
- Domestic Violence Injunctions: Protective orders issued in abuse cases.
- Probate and Guardianship Records
- Wills and Estate Records: Documents related to inheritance and estate distribution.
- Guardianship Cases: Court decisions regarding legal guardianship.
- County Court Records
- Criminal Case Records
- Misdemeanor Case Files:
- Traffic Violation Citations: Records of infractions, including speeding tickets.
- Driving Under the Influence (DUI) Records: Arrests and case outcomes for DUI violations.
- Civil Case Records
- Small Claims Court Cases: Lawsuits involving claims of $8,000 or less.
- Landlord-Tenant Disputes: Eviction filings, lease disputes, and property damage claims.
- Debt Collection Cases: Lawsuits filed by creditors
Are Florida Court Records Public?
Florida court records are generally considered public records in line with the provisions of Chapters 119 and 28 of the Florida Statutes. These laws were enacted to ensure transparency and public access to court records in the state. Still, some court records may be exempted from public disclosure.
According to Florida's Sunshine Law, which is the state's Freedom of Information Act, certain records may not be publicly disclosed. Common records exempt from public disclosure include juvenile records, trade secrets, national security information, medical information, personal identifying information, victim information in cases of sexual assault or domestic violence, and sealed court records. A case may be sealed by the court to protect sensitive information, ensure victim anonymity, safeguard national security, or protect trade secrets.
How Do I Search Florida Court Records?
Florida court records are available for search both offline and online. The state's ACIS (Appellate Case Information System) provides online access for users to search court dockets and case documents from all appellate courts in the state. Users may search dockets for all six district courts of appeal and the Supreme Court online via the ACIS.
For online access to trial court records in the state, you may visit the clerk of court's website for the specific county where the case was filed. Most counties in the state allow the public to search case information using case number, filing date, attorney name, and party name options. While it is usually free to perform a search and view court case information online, obtaining electronically certified copies may cost $8 per copy, exclusive of a service charge for using a credit or debit card.
How To Retrieve Court Records Offline
To obtain a court record offline, you must visit the office of the clerk of the court where the case was filed to submit a request. At the clerk's office, you will need the following information for the search to be successful:
- Case number
- Names of the parties involved
- Date (or approximate) of the case or hearing
- Type of document or record needed
- Type of case
Note that while exact copy or certification fees may vary from one county to another, it typically costs $1 per page for standard copies, while certification may cost $2 per document. The processing time for court record requests also varies depending on the request volume. While some requests may be available on the same day of request, others may take 10-15 business days to process.
Can I Seal or Expunge a Florida Court Record?
Sealing and expungement are processes by which an individual may remove their records from public access. However, both terms do not mean the same thing. Per Section 943.045 of Florida Statutes, sealing refers to the preservation of a record under such circumstances that is inaccessible to any individual not having a legal right to access such information.
Practically, sealing prevents public access to a court record except to bodies such as criminal justice agencies in limited circumstances. According to Section 943.045 (16) of Florida Statutes, the expunction of a court record is a court-ordered physical destruction of a court record by the government agency in possession of the record.
In Florida, the eligibility criteria for sealing and expunging a criminal record differ, primarily based on how the criminal case was resolved. A record may qualify for expungement if the charges were dismissed, dropped, not prosecuted, or if the individual was acquitted at trial. Expungement is only available when no conviction or withheld adjudication occurred. If charges were not dismissed or dropped but adjudication was withheld, the record may be eligible for sealing. This typically applies when an individual pleads guilty or no contest, and the court agrees to withhold adjudication.
However, some eligibility requirements for both sealing and expungement are the same. These include:
- No Prior Convictions: Individuals with a prior conviction in Florida are automatically disqualified from both processes. The Florida Department of Law Enforcement (FDLE) conducts background checks to verify any past convictions. However, under a legal amendment effective October 1, 2019, only Florida convictions affect eligibility, out-of-state convictions do not.
- One-Time Chance: Florida law allows only one opportunity to seal or expunge a record. If an individual has previously used this option in Florida, they cannot apply again, though records sealed or expunged in other states do not impact eligibility.
- Current Legal Obligations: Individuals with pending criminal charges or ongoing court supervision such as probation or community control are ineligible until they fulfill all legal obligations.
The processes for filing for sealing or expungement in Florida are similar. They include the following steps:
- Obtain a Certificate of Eligibility: Apply to the Florida Department of Law Enforcement (FDLE), including a $75 processing fee, fingerprints, and a certified disposition of the case.
- File a petition: Upon receiving the certificate, file a petition with the court where the case was handled, accompanied by the certificate and any other required documentation.
- Court review: The court will assess the petition and, if approved, issue an order to seal or expunge the record.
While the application process for sealing and expunging criminal records in Florida is largely the same, expungement requires an additional step. Before submitting an expungement application to the FDLE, it must first be processed by the State Attorney's Office. This step ensures that the required certified statement on the second page of the application is properly completed. Once the State Attorney's Office finalizes this portion, the applicant must retrieve the completed application before submitting it to the FDLE for review and final approval.
How To Search Federal Court Records in Florida
There are three federal courts in Florida: The Northern District of Florida, The Middle District of Florida, and the Southern District of Florida. Each district has multiple divisions and courthouses handling federal cases, which typically involve:
- Criminal Cases: Federal drug offenses, white-collar crimes, immigration violations, and cases involving federal agencies like the FBI or DEA.
- Civil Cases: Lawsuits involving federal laws, constitutional rights violations, class-action suits, and disputes between residents of different states
- Bankruptcy Cases: Each district has a bankruptcy court handling personal and business bankruptcy filing under federal law.
- Appeals from Administrative Agencies: Cases involving agencies like the Social Security Administration or the IRS.
- Admiralty and Maritime Cases: Disputes related to shipping, boating accidents, or commerce on navigable waters.
You may obtain records of these federal courts online or offline. To access federal court records online, use the Public Access to Court Electronic Records (PACER) system. Note that you must create an account on the system to use it and there is a fee of $0.10 per page for accessing documents. To access federal case files offline, visit the Clerk of Court's office in the respective federal courthouse. You may need to provide information such as the case number, names of the parties involved, and the type of document you are seeking.
How To Get Florida Court Records Online for Free?
Florida court records may be accessed online for free via the website of the clerk of the court where the case was filed. The state also provides online access to case documents and dockets of its appellate and supreme court via the Appellate Case Information System. Alternatively, you may use third-party websites such as FloridaPeopleRecords.us to search court records from the comfort of your home.