Category: Court Process · Statute: F.S. 910 · Source: Florida Legislature
Understanding Concurrent Jurisdiction in Florida
Under Florida law, jurisdiction refers to a court's legal authority to hear and decide a case. Concurrent jurisdiction arises when two or more distinct courts simultaneously possess this legal authority over the exact same criminal conduct or defendant. In Florida, this scenario most frequently occurs in geographic boundary disputes under Chapter 910 of the Florida Statutes. For example, under Section 910.03, if a crime is committed on the boundary of two counties, or within 500 yards of that boundary, both counties have concurrent jurisdiction. Similarly, if an offense is committed on a moving vehicle, vessel, or aircraft passing through multiple Florida counties, any county along that route may exercise jurisdiction over the offense.
Concurrent jurisdiction also exists between state and federal courts. Under the "dual sovereignty" doctrine, if a single act violates both Florida state law and federal law—such as certain drug trafficking, firearms, or counterfeiting offenses—both the state of Florida and the United States government have concurrent jurisdiction to prosecute. In these situations, the prosecuting agencies must coordinate to decide which entity will proceed first. While the U.S. Constitution's Double Jeopardy Clause prevents a single sovereign from prosecuting a person twice for the same offense, it does not bar successive prosecutions by separate sovereigns, meaning a defendant could theoretically face charges in both Florida state court and federal district court for the same conduct.
How Concurrent Jurisdiction Affects Florida Bail
When concurrent jurisdiction exists across different Florida counties, a defendant may face separate arrest warrants and distinct bail amounts from each jurisdiction. Resolving bail in one county does not automatically clear a hold or warrant from the neighboring county. Furthermore, if concurrent jurisdiction exists between state and federal authorities, a defendant may be granted pretrial release in Florida state court only to be immediately taken into custody by federal marshals on a federal detainer, requiring a completely separate bond hearing in federal court.