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Federal court guide · M.D. Fla.

Federal cases in the Middle District of Florida

The Middle District of Florida covers 35 counties, from Jacksonville through Orlando and Tampa down to Fort Myers. It has five divisions, each with its own courthouse. Here is where the court sits, who prosecutes and defends cases there, and where its rules are published.

Where does the court sit?

By statute, court is held at Fernandina, Fort Myers, Jacksonville, Live Oak, Ocala, Orlando, Saint Petersburg and Tampa (28 U.S.C. § 89(b)). The court's Local Rule 1.04 divides the district into five divisions, and its site lists a courthouse in each:

Under Local Rule 1.04(c), unless otherwise provided by law, the government must begin a criminal case in a division where at least one defendant committed a charged offense, and, unless the chief judge orders otherwise, the judge must transfer the case to the division it is most directly connected to or where it can most conveniently go forward.

United States District Court for the Middle District of Florida

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Eleventh Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the Middle District of Florida, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Office of the Federal Defender for the Middle District of Florida, a federal defender office with offices in Fort Myers, Jacksonville, Ocala, Orlando and Tampa, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

The local rules have no presentence report schedule, so the federal rule applies: the report goes to the defense at least 35 days before sentencing, and objections are due within 14 days (Fed. R. Crim. P. 32(e)(2), (f)). Local Rule 3.12 adds that a subpoena seeking information from the probation office or a probation officer is invalid and needs no response except prompt notice to the judge.

How does a lawyer from outside the district appear here?

In many federal courts, a lawyer who isn’t a member of the court’s bar must ask the judge for permission to appear in a specific case (often called pro hac vice admission), and many courts also require a lawyer who is a member of their bar to sponsor the request or appear alongside. The judge decides whether to allow it. In this court, the rule is Local Rule 2.01(c) (the court calls this special admission).

“A lawyer can move for special admission in a case in the Middle District”

Local Rule 2.01(c) (the court calls this special admission)

Which federal prisons are in this district?

Bureau of Prisons facilities in this district (from bop.gov; all four are part of FCC Coleman in Sumter County, which 28 U.S.C. § 89(b) places in the Middle District):

FCI Marianna and FCI Tallahassee are in the Northern District of Florida; FDC Miami and FCI Miami are in the Southern District.

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What families should know about federal cases in this district

More questions families ask →

Questions about the Middle District of Florida

Which courthouse will my loved one's case be in?

Usually the one for the division where the offense allegedly happened. The Middle District of Florida has five divisions: Fort Myers, Jacksonville, Ocala, Orlando and Tampa. Under Local Rule 1.04(c), unless otherwise provided by law, the government must begin a criminal case in a division where at least one defendant committed a charged offense, and, unless the chief judge orders otherwise, the judge must transfer the case to the division it is most directly connected to or where it can most conveniently go forward.

Is FCC Coleman in the Middle District of Florida?

Yes. The Federal Correctional Complex at Coleman is in Sumter County (bop.gov), which is in the Middle District (28 U.S.C. § 89(b)). But being sentenced here doesn't mean a person will serve time there; the Bureau of Prisons decides where each person goes (18 U.S.C. § 3621(b)).

What if my loved one can't afford a lawyer?

The court can appoint one (18 U.S.C. § 3006A). In this district, appointed lawyers come from the Office of the Federal Defender for the Middle District of Florida or from a panel of private lawyers the court approves.

Where do appeals from this court go?

To the U.S. Court of Appeals for the Eleventh Circuit (28 U.S.C. §§ 41, 1294(1)). A defendant's notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).

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