The Florida Supreme Court is the state’s highest court. It decides death penalty appeals, rules on whether state laws violate the Florida Constitution, reviews proposed constitutional amendments before they reach the ballot, and sets the rules that all other Florida courts follow.
Justices are NOT elected against an opponent. The governor appoints them from a list sent up by a Judicial Nominating Commission; after at least a year in office, the justice appears on the next general election ballot as a plain yes or no question, and then every six years after that. On November 3, 2026, Justice Carlos G. Muniz is the one Florida Supreme Court justice facing a merit retention vote, along with 22 District Court of Appeal judges across the five appellate districts.
Notes
The Florida Division of Elections lists Supreme Court and District Court of Appeal retention in 2026 for “only those whose terms expire January 2027.” Ballotpedia identifies Carlos Muniz as the only justice whose term expires; The Florida Bar’s merit retention page confirms one Supreme Court justice and 22 DCA judges are on the 2026 retention ballot. A YES vote keeps the justice for another six-year term; a NO majority removes the justice and the governor appoints a replacement from a nominating commission list. These questions are nonpartisan, sit near the end of the ballot, and are frequently skipped – leaving them blank does not invalidate the rest of your ballot. Justices must retire at age 75, though they may finish a term if they have already served more than half of it.