Court records in Brevard County, Florida are maintained by the Brevard County Clerk of the Court and can be accessed through online tools, official court portals, and the clerk's office. BrevardFLCourt.us can help you find publicly available court record information for Brevard County. You can also search records through the Florida Courts website, the Brevard County Clerk's online portal, and other state and local government resources described throughout this guide.
Brevard Court System Overview
Brevard County is part of the Eighteenth Judicial Circuit of Florida, which serves both Brevard and Seminole counties. Florida's trial courts are organized into circuit courts (general jurisdiction) and county courts (limited jurisdiction), both operating within the same judicial circuit. The circuit court in Brevard handles felonies, major civil disputes, family law, probate, and juvenile matters, while the county court handles misdemeanors, small claims, traffic infractions, and civil cases within its jurisdictional limits. Appeals from the Eighteenth Judicial Circuit go to the Fifth District Court of Appeal. The main courthouse is the Harry T. and Harriette V. Moore Justice Center in Viera.
Courts Serving Brevard
State Circuit Court (Eighteenth Judicial Circuit – Brevard)
Brevard County Court
Additional county court operations are conducted at the Titusville and Melbourne courthouses:
U.S. District Court – Middle District of Florida (Orlando Division)
Brevard County falls within the Middle District of Florida. Federal civil and criminal cases are handled through the Orlando Division.
U.S. Bankruptcy Court – Middle District of Florida (Orlando Division)
What Types of Cases Brevard Courts Hear
Courts in Brevard County handle a wide range of case types across both the circuit and county court levels:
- Felonies and misdemeanors
- Criminal traffic offenses and civil traffic infractions
- Civil litigation (all dollar amounts)
- Small claims
- Family law — divorce, custody, child support, paternity, domestic violence injunctions
- Probate — decedent estates, guardianships, trusts
- Juvenile — delinquency and dependency proceedings
- Adoption and termination of parental rights
- Appeals from county court to circuit court
The sections below explain which court handles each category and how cases move through the system.
District Court Cases in Brevard
In Florida's court structure, the circuit court functions as the court of general jurisdiction — equivalent to what some states call the district court. In Brevard County, the circuit court hears:
- Felony criminal cases — all felony prosecutions, from third-degree felonies through capital cases
- Civil cases exceeding $50,000 in controversy
- Family law matters — divorce, custody, child support, and domestic violence injunctions
- Probate and guardianship proceedings
- Juvenile cases — both delinquency and dependency
- Appeals from county court
Felony cases typically begin with an arrest or information filed by the State Attorney's Office. A circuit judge is assigned, and the case proceeds through arraignment, pretrial motions, and either trial or plea resolution. Civil cases are initiated by filing a complaint with the Clerk of the Court and follow standard Florida Rules of Civil Procedure.
Magistrate Court Cases in Brevard
Florida does not use the term "magistrate court" as a separate court level. Instead, the Brevard County Court serves as the limited-jurisdiction trial court, handling:
- Misdemeanors and criminal traffic offenses
- Civil cases up to $50,000 (under Florida's current jurisdictional threshold)
- Small claims — disputes up to $8,000
- Non-criminal traffic infractions
- County ordinance violations
- DUI arraignments and hearings (misdemeanor DUI)
County court judges in Brevard may be assigned to specific divisions based on caseload volume, such as traffic-only or criminal-misdemeanor dockets. General magistrates and hearing officers may also be appointed by circuit judges to assist with certain family law, civil, and probate matters — but these magistrates operate within the circuit court, not as a separate court.
Family Law, Probate, and Juvenile Matters in Brevard
Family Law
Divorce (dissolution of marriage), child custody, child support, paternity, domestic violence injunctions, and termination of parental rights are all handled by the circuit court's family law division. You can obtain dissolution of marriage certificates through the Florida Department of Health, while the actual case file is maintained by the Brevard County Clerk of Court. The Brevard County Health Department also provides marriage and divorce certificate services.
Probate
Decedent estates, guardianships, conservatorships, and trust disputes fall under the circuit court's probate division. Guardianship cases involving incapacitated adults or minors require court supervision, and related records are generally public unless sealed by court order.
Juvenile
Juvenile delinquency and dependency (child protective) cases are heard by circuit judges in the juvenile division. Juvenile court records are confidential under Florida law (§ 985.04 and § 39.0132, Florida Statutes) and are not available through public court record searches. Contact the Clerk of Court's juvenile division for access questions.
How Cases Move Through the Brevard Court System
- Filing / Initiation — Criminal cases begin with an arrest, a filing of information by the State Attorney, or a grand jury indictment. Civil cases start when a plaintiff files a complaint. Family cases are initiated by petition.
- Case Assignment — The Clerk of Court assigns a case number and the case is assigned to a judge, typically through an automated rotation system.
- Initial Hearing — In criminal cases, the defendant appears for arraignment. In civil cases, a case management or scheduling conference is set. First appearance hearings for arrested individuals occur within 24 hours.
- Pre-Trial Phase — Parties engage in discovery, file motions, and negotiate. In criminal cases, plea negotiations often occur during this phase.
- Trial or Resolution — Cases proceed to jury or bench trial, or are resolved by plea agreement, settlement, default judgment, or dismissal.
- Post-Judgment — Criminal cases move to sentencing. Civil judgments may be enforced or appealed. Appeals from county court go to circuit court; appeals from circuit court go to the Fifth District Court of Appeal.
Court Administration, Local Rules, and Public Access in Brevard
The Eighteenth Judicial Circuit is administered by the Chief Judge, who issues administrative orders governing court operations for both Brevard and Seminole counties. The Trial Court Administrator's office supports day-to-day court management.
- Local rules and administrative orders — The Eighteenth Judicial Circuit publishes administrative orders that supplement the Florida Rules of Court. These can be found through the Eighteenth Judicial Circuit website.
- Public access to records — Under Florida's broad public records law (Chapter 119, Florida Statutes) and Article I, Section 24 of the Florida Constitution, court records are generally open to the public. Exceptions include juvenile records, sealed or expunged records, certain family law financial documents, and records exempted by statute. The Florida public records request process applies to executive-branch agencies; court records requests go through the Clerk of Court.
- Attending hearings — Most hearings are open to the public. Some proceedings may be available via remote audio or video technology. Contact the Trial Court Administrator's office or check the court's website for current remote-hearing procedures in Brevard.
Court Records and Related Court Resources in Brevard
- Court docket and case search — The Brevard County Clerk of Court maintains an online case search portal for looking up circuit and county court cases. The Florida Appellate Case Information System (ACIS) provides access to appellate case dockets statewide.
- Arrest and booking records — The Brevard County Sheriff's Office arrest inquiry tool shows recent bookings. This reflects arrest information only and does not indicate guilt or innocence.
- Warrant and offender search — The Brevard County Sheriff also provides an offender and warrant search tool. The FDLE wanted persons database lists active Florida warrants reported by law enforcement agencies statewide.
- Criminal history records — The Florida Department of Law Enforcement (FDLE) maintains the state's central criminal history repository. Background checks can be requested through FDLE. Locally, the City of Cocoa Police Department offers criminal background checks with the subject's consent.
- Jail and inmate information — The Florida Division of Library and Archives maintains a directory of county jails and inmate search resources, including the Brevard County Jail at 860 Camp Road, Cocoa, FL 32927.
- Sealing and expunging records — Individuals seeking to seal or expunge a Florida criminal record must first obtain a Certificate of Eligibility from FDLE. More information on the expungement process is available through the State Attorney's office.
- Vital records — Birth certificates, death certificates, marriage certificates, and dissolution of marriage records are available through the Florida Department of Health in Brevard County. These are vital statistics records, not court case files.
- Court forms and self-help — The Florida Courts website provides approved family law and other court forms for self-represented litigants. The Brevard County Clerk's office can provide information about filing procedures but cannot offer legal advice.
- Supreme Court and appellate case information — For Florida Supreme Court cases, use the Supreme Court case information portal.
For additional court record research in Brevard County, BrevardFLCourt.us provides a starting reference for locating publicly available information across multiple record types.