Most people never think about which court system will hear their case until a letter arrives saying the case has been "removed to federal court." This guide explains federal court vs state court in Florida in plain English: the three federal districts, the reasons a case can go to federal court, how cases move between the two systems, and what changes for you if that happens. This article is general information, not legal advice.
Two court systems, side by side
Florida has two separate court systems that operate at the same time and often a few blocks from each other.
- Florida state courtsCounty courts and circuit courts at the trial level, the District Courts of Appeal, and the Florida Supreme Court. These courts hear the great majority of cases in Florida, including most car accident, slip and fall and property damage lawsuits. We explain them in our guide to the Florida court system.
- Federal courtsThe United States District Courts at the trial level, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court. Federal courts are courts of limited jurisdiction: they can only hear the kinds of cases that the U.S. Constitution and Congress allow.
That last point is the key difference in the federal court vs state court question. A Florida state circuit court can hear almost any kind of civil case. A federal court needs a specific legal reason, called a basis for jurisdiction, before it can hear a case at all.
Federal courts in Florida: the three districts
Under section 89 of Title 28 of the United States Code, Florida is divided into three federal judicial districts. Each district covers a group of counties and holds court in several cities.
- Southern District of FloridaMiami-Dade, Broward, Palm Beach, Monroe, Martin, St. Lucie, Indian River, Okeechobee and Highlands counties. Court is held in Miami, Fort Lauderdale, West Palm Beach, Fort Pierce and Key West.
- Middle District of Florida35 counties in Central and Northeast Florida and the Gulf Coast, including Orange, Osceola, Seminole, Hillsborough, Pinellas, Pasco, Polk, Duval, Lee and Collier. Court is held in Orlando, Tampa, Jacksonville, Fort Myers, Ocala, St. Petersburg and other cities.
- Northern District of FloridaThe Panhandle and North Central Florida, including Leon, Escambia, Okaloosa, Bay and Alachua counties. Court is held in Tallahassee, Pensacola, Panama City, Gainesville and Marianna.
Appeals from all three districts go to the U.S. Court of Appeals for the Eleventh Circuit, which also hears appeals from Georgia and Alabama. By comparison, appeals in the Florida state system go from the trial court to one of the Florida District Courts of Appeal, and some go on to the Florida Supreme Court.
When can a case go to federal court?
In the federal court vs state court decision, the starting point is jurisdiction. For the kinds of cases our clients usually have, there are four main ways a civil case ends up in federal court instead of state court.
- A federal question. The claim arises under the U.S. Constitution or a federal law (28 U.S.C. § 1331). Most injury claims are based on Florida negligence law, not federal law, so this is less common in accident cases.
- Diversity of citizenship. Under 28 U.S.C. § 1332, a federal court can hear a case between citizens of different states when the amount in dispute is more than $75,000, not counting interest and costs. Every plaintiff must be from a different state than every defendant ("complete diversity"). A corporation counts as a citizen of the state where it is incorporated and the state where it has its principal place of business.
- Admiralty and maritime cases. Under 28 U.S.C. § 1333, federal courts have jurisdiction over maritime cases, such as many injuries on cruise ships and boats on navigable waters. A rule called the "saving to suitors" clause often lets the injured person bring a maritime injury claim in state court instead, so maritime cases can end up in either system.
- Claims against the United States. If a federal employee causes an injury while on the job, for example a crash with a U.S. Postal Service vehicle, the claim generally goes through the Federal Tort Claims Act. These claims have their own process, including an administrative claim before any lawsuit, and they end up in federal court rather than state court.
Example: a truck crash on I-95Say a Miami driver is badly hurt by a tractor-trailer owned by a trucking company incorporated and based in another state. Because the parties are from different states and the claim is worth more than $75,000, the case may qualify for federal court. If a Florida citizen is also a defendant, for example a Florida truck driver or a local company, complete diversity may be missing and the case may stay in state court.
Removal: when a defendant moves your case to federal court
Many injury cases start in Florida state court because that is where the injured person files. Federal law then lets the defendant "remove" the case to federal court if the case could have been filed there in the first place (28 U.S.C. § 1441). The defendant files a notice of removal, and from that point the case is in the federal court for that area, usually with a new case number and a federal judge.
Removal has limits. A case based only on diversity generally cannot be removed if one of the properly served defendants is a citizen of Florida, the state where the case was filed. Removal also has to happen quickly: federal law generally gives the defendant a short deadline after being served, and a diversity case generally cannot be removed more than one year after it started, with narrow exceptions (28 U.S.C. § 1446). Every case is different, so speak with an attorney to confirm the deadline that applies to you.
Defendants such as out-of-state insurers, trucking companies, rideshare companies and national retailers often consider removal. It is a normal step in many lawsuits and does not mean anything has gone wrong with your case.
Remand: when a case goes back to state court
A case can also go the other way. If the federal court decides it does not have jurisdiction, it sends the case back to the state court where it started. This is called remand (28 U.S.C. § 1447).
Common reasons a case is remanded include:
- No complete diversityA plaintiff and a defendant turn out to be citizens of the same state.
- Not enough in disputeThe amount at stake is not more than $75,000.
- A Florida defendantA properly served defendant is a Florida citizen, in a case based only on diversity.
- A procedural problemThe removal itself was not done correctly.
Whether to ask for remand is a strategy decision that depends on the facts of the case, so it is something to discuss with your lawyer early.
Cruise ship and boat injuries: why Miami federal court comes up so often
Miami is home to several of the largest cruise lines, and that has a big effect on where cruise injury cases are heard. Cruise ticket contracts commonly include a forum-selection clause that says where a passenger must sue. Carnival's ticket contract, for example, has required claims to be litigated in the United States District Court for the Southern District of Florida in Miami. Courts generally enforce these clauses.
Cruise ticket contracts also commonly include their own notice requirements and a much shorter time limit to file a lawsuit than a typical Florida injury claim, so a passenger hurt on a cruise generally should not wait. Every case is different, so speak with an attorney to confirm the deadline that applies to you.
Injuries on boats and jet skis in Florida waters can also raise maritime law questions. Those cases may be heard in state or federal court depending on the facts. Learn more on our boat accident page.
What actually changes in federal court
In federal court vs state court, the facts and the law of your claim stay the same. Moving to federal court does not make a case stronger or weaker by itself. Neither court system is simply "better." But some things do change, and they can affect strategy:
- The law that decides the caseIn a diversity case, a federal court generally applies Florida's substantive law, such as Florida negligence and comparative fault rules. This comes from a long-standing U.S. Supreme Court rule known as the Erie doctrine.
- The procedure rulesFederal court follows the Federal Rules of Civil Procedure, the Federal Rules of Evidence and the local rules of each district, instead of the Florida Rules of Civil Procedure. Scheduling, filings and disclosures can look different.
- The juryUnder section 69.071, Florida Statutes, a Florida civil jury of six jurors is sufficient. Under Federal Rule of Civil Procedure 48, a federal civil jury starts with at least 6 and no more than 12 members, and the verdict must be unanimous unless the parties agree otherwise.
- The judgeFederal district judges are nominated by the President, confirmed by the U.S. Senate and serve during good behavior. Most Florida circuit and county judges are chosen by voters in nonpartisan elections.
- The courthouseFederal cases are heard at the federal courthouse for your area, such as Miami, Fort Lauderdale or West Palm Beach in South Florida, or Orlando and Tampa in Central Florida, which may not be the same building or city as your county courthouse.
What this means for your injury or property claim
For most car accidents, slip and falls and property damage disputes between Florida residents and Florida businesses, the case is heard in Florida state court. Federal court tends to come into the picture when the other side is from another state and the claim is large, when the case involves a cruise line or maritime law, or when the federal government is involved.
- Do not ignore court papers. If you receive a notice of removal or other federal court papers, give them to your lawyer right away.
- Write down where everyone is from. The state of residence of each driver, owner and company can decide which court hears the case.
- Keep your contracts and tickets. Cruise tickets, rental agreements and similar documents can contain clauses about where and when you must file.
- Ask early. Federal court vs state court is a strategy decision, and it is easier to plan for it at the start than to react later.
At Robirosa Accident & Injury Law we help injured people and property owners across Florida, with a focus on Miami-Dade, Broward and Palm Beach, in English and Spanish. The consultation is free, and there is no fee unless we recover. Learn about our personal injury, truck accident and car accident services.
Frequently Asked Questions
What is the difference between federal court and state court?
State courts hear most cases in Florida, including most injury and property claims, and can hear almost any kind of civil case. Federal courts can only hear certain kinds of cases, such as claims under federal law, cases between citizens of different states worth more than $75,000, maritime cases and claims against the United States.
Which federal court covers Miami, Broward and Palm Beach?
The U.S. District Court for the Southern District of Florida. It covers Miami-Dade, Broward, Palm Beach, Monroe, Martin, St. Lucie, Indian River, Okeechobee and Highlands counties, with courthouses in Miami, Fort Lauderdale, West Palm Beach, Fort Pierce and Key West.
Which federal court covers Orlando and Tampa?
The U.S. District Court for the Middle District of Florida, which holds court in Orlando, Tampa, Jacksonville, Fort Myers, Ocala, St. Petersburg and other cities. The Panhandle and North Central Florida are in the Northern District.
Will my car accident case be in state or federal court?
Most Florida car accident cases are heard in state court. A case may qualify for federal court if every plaintiff is from a different state than every defendant and the claim is worth more than $75,000, or if a federal government vehicle was involved.
Why would a defendant move my case to federal court?
Defendants from other states, such as trucking companies, insurers and national businesses, sometimes prefer federal court. If the case could have been filed in federal court, federal law generally allows the defendant to remove it. Removal is a common step and does not by itself change the strength of your claim.
Can my case be sent back to state court?
Yes. If the federal court does not have jurisdiction, for example because a plaintiff and a defendant are from the same state, or a Florida defendant was properly served in a case based only on diversity, the court sends the case back to state court. This is called remand.
What is diversity jurisdiction?
It is the rule that lets a federal court hear a case between citizens of different states when more than $75,000 is in dispute, not counting interest and costs. Every plaintiff must be from a different state than every defendant.
Where do I sue a cruise line for an injury?
Check your ticket contract. Major cruise lines commonly require passengers to sue in federal court in Miami, and courts generally enforce these clauses. Ticket contracts also commonly shorten the time to give notice and to file a lawsuit, so speak with an attorney to confirm the deadline that applies to you. Every case is different, and the time limit is generally much shorter than for a typical Florida injury claim.
Is federal court harder than state court?
Not necessarily. In federal court vs state court, the procedure rules, the jury size and the judges are different, and that can affect strategy, but neither system is simply better or worse. The right court depends on the facts of each case.
Does a federal court apply Florida law?
In most injury cases heard in federal court because of diversity, yes. The federal court generally applies Florida's substantive law, such as negligence and comparative fault rules, while following the federal rules of procedure.
Photo: Michael Rivera / Wikimedia Commons, CC BY-SA 4.0
DisclaimerThis article is for general information only and is not legal advice. Every situation is different, and the law can change. Do not make decisions based on this article alone. Speak with a licensed Florida attorney about your specific situation. Reading this article does not create an attorney-client relationship.
EN
