The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 34
COUNTY COURTS

View Entire Chapter

F.S. 34.017

34.017 Certification of questions to district court of appeal.—

(1) A county court may certify a question to the district court of appeal in a final judgment that is appealable to the circuit court if the question may have statewide application, and:

(a) Is of great public importance; or

(b) Will affect the uniform administration of justice.

(2) In the final judgment, the trial court shall:

(a) Make findings of fact and conclusions of law; and

(b) State concisely the question to be certified.

(3) The decision to certify the question to the district court of appeal is within the sole discretion of the county court.

(4) The district court of appeal has absolute discretion as to whether to answer a question certified by the county court.

(a) If the district court agrees to answer the certified question, it shall decide all appealable issues that have been raised from the final judgment.

(b) If the district court declines to answer the certified question, the case shall be transferred to the circuit court which has appellate jurisdiction.

History.—s. 3, ch. 84-303; s. 6, ch. 2020-61.

F.S. 34.017 on Google Scholar

F.S. 34.017 on Casetext

Amendments to 34.017

Arrestable Offenses / Crimes under Fla. Stat. 34.017

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 34.017.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. CC CHIROPRACTIC, LLC a a o, 245 So. 3d 755 (Fla. App. Ct. 2018)

. . . extent that existing law provides a way for us to review county court decisions, it exists in section 34.017 . . . application" and are of "great public importance" or "[w]ill affect the uniform administration of justice." § 34.017 . . . As Judge Altenbernd has written: [ Section 34.017 ] is similar to the constitutional provision allowing . . . Thus, the concept of a question of great public importance in section 34.017 is somewhat broader than . . .

NORMAN, v. STATE, 215 So. 3d 18 (Fla. 2017)

. . . Section 34.017(1), Florida Statutes (2012), permits a county court to certify questions of great pub-lie . . .

CITY OF OLDSMAR Jo v. Vo TRINH,, 210 So. 3d 191 (Fla. Dist. Ct. App. 2016)

. . . dismiss a red light camera citation and certifying two questions of great public importance under section 34.017 . . .

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, v. HALLANDALE OPEN MRI, LLC, a a o, 208 So. 3d 741 (Fla. Dist. Ct. App. 2016)

. . . different case that had been directly certified to this court by the county court pursuant to section 34.017 . . .

STATE CITY OF AVENTURA, v. JIMENEZ,, 211 So. 3d 158 (Fla. Dist. Ct. App. 2016)

. . . .; § 34.017(1) & (2), Fla. Stat. (2015). ANALYSIS A. . . .

CLARK, v. STATE, 170 So. 3d 69 (Fla. Dist. Ct. App. 2015)

. . . However, the solution to the problem exists in section 34.017(1), Florida Statutes (2014); not through . . . Section 34.017(1) allows county courts to certify a question to the district court of appeal if the question . . . ” and "[i]s of great public importance” or ”[w]ill affect the uniform administration of justice." § 34.017 . . .

CITY OF HOLLYWOOD, a v. AREM,, 154 So. 3d 359 (Fla. Dist. Ct. App. 2014)

. . . The county court certified the following questions of great public importance pursuant to section 34.017 . . .

GEICO GENERAL INSURANCE COMPANY, v. VIRTUAL IMAGING SERVICES, INC. a a o, 90 So. 3d 321 (Fla. Dist. Ct. App. 2012)

. . . The county court found for the appellee, but certified to this court under section 34.017, Florida Statutes . . .

KINGSWAY AMIGO INSURANCE COMPANY, v. OCEAN HEALTH, INC. a a o, 63 So. 3d 63 (Fla. Dist. Ct. App. 2011)

. . . county court certified the following question as an issue of great public importance pursuant to section 34.017 . . .

MOORE, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 916 So. 2d 871 (Fla. Dist. Ct. App. 2005)

. . . . § 34.017(4)(a), Fla. Stat. (2004). . . .

UNITED AUTOMOBILE INSURANCE COMPANY, v. RODRIGUEZ, v., 808 So. 2d 82 (Fla. 2001)

. . . See generally § 34.017(1), Fla. . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. M. ATMORE,, 790 So. 2d 1232 (Fla. Dist. Ct. App. 2001)

. . . In section 34.017(1), Florida Statutes (1999), the legislature has authorized county courts to make such . . .

STILSON, a v. ALLSTATE INSURANCE COMPANY, a, 692 So. 2d 979 (Fla. Dist. Ct. App. 1997)

. . . To the extent that existing law contains a solution to this problem, it exists in section 34.017(1), . . . Thus, the concept of a question of great public importance in section 34.017 is somewhat broader than . . .

FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, v. STATE, 616 So. 2d 66 (Fla. Dist. Ct. App. 1993)

. . . See §§ 34.017, 35.065, Fla.Stat. (1991). . . .

V. EVERARD, v. STATE, 559 So. 2d 427 (Fla. Dist. Ct. App. 1990)

. . . Section 34.017, Florida Statutes (1987), provides: (1)A county court is permitted to certify a question . . .

STATE v. PARSONS,, 549 So. 2d 761 (Fla. Dist. Ct. App. 1989)

. . . discusses and resolves the question involved, the Dade County Court has certified to us, under section 34.017 . . .

CURRY, III, v. STATE, 522 So. 2d 887 (Fla. Dist. Ct. App. 1988)

. . . See § 34.017(3), Fla. Stat.; Fla.R.App.P. 9.160. . . .

STATE OF FLORIDA v. DE PASQUE, 13 Fla. Supp. 2d 128 (Monroe Cty. Ct. 1985)

. . . importance pursuant to Florida Rules of Appellate Procedure 9.160 and 9.165, and Florida Statutes, Section 34.017 . . .