In Re: Amendments to Florida Rules of Appellate Procedure 9.148 and 9.210

Supreme Court of Florida
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No. SC2023-0145
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IN RE: AMENDMENTS TO FLORIDA RULES OF APPELLATE
PROCEDURE 9.148 AND 9.210.

September 21, 2023

PER CURIAM.

The Florida Bar’s Appellate Court Rules Committee filed a

report proposing amendments to the Florida Rules of Appellate

Procedure.1 The proposed amendments were unanimously

approved by the Committee, except the proposed amendments to

subdivisions (a)(2)(B) and (a)(2)(C) of rule 9.210 (Briefs), which were

approved by a vote of 33-2-0. The Florida Bar’s Board of Governors

unanimously approved the proposed amendments. The Committee

published the proposal and received one comment. The proposal

was updated based on the comment and unanimously approved.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
After the Committee filed its report, the Court published the

proposal and received one comment. In response to the comment,

the Committee filed a response wherein it revised its proposal.

Having considered the Committee’s proposal, the comment filed,

and the Committee’s response, we hereby adopt the amendments to

the Florida Rules of Appellate Procedure as proposed and revised by

the Committee.

First, new rule 9.148 (Appeal Proceedings to Review Orders

Under Florida Mental Health/Baker Act) is adopted. This new rule

creates a procedure for appellate review of orders entered in Baker

Act cases. This rule is created to eliminate any confusion related to

the determination of what appellate rules govern review of these

orders as they can stem from either civil or administrative

proceedings. The new rule also addresses the need for an expedited

review process and the confidential nature of records in these

proceedings.

In addition, rule 9.210 is amended to address inconsistencies

in references to word count limits, to remove specific word count

and page limits for a reply/cross-answer brief, to include a

reference to new rule 9.148, and to improve clarity in accord with In

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re Guidelines for Rules Submissions, Florida Administrative Order

No. AOSC22-78 (Oct. 24, 2022). Specifically, subdivisions (a)(2) and

(a)(2)(E) currently refer only to the “page limits” when they should

refer to the “word count or page limits.” Additionally, in

subdivisions (a)(2)(B) and (a)(2)(C), the requirement that a specific

word count and/or page limit be devoted to the reply argument

versus the cross-answer argument is removed as there is no

corresponding requirement for the answer/cross-initial brief.

Accordingly, we amend the Florida Rules of Appellate

Procedure as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments shall become effective

January 1, 2024, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Appellate Procedure

Elaine D. Walter, Chair, Appellate Court Rules Committee, Miami,
Florida, Hon. Andrew D. Manko, Past Chair, Appellate Court Rules
Committee, Tallahassee, Florida, Joshua E. Doyle, Executive

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Director, The Florida Bar, Tallahassee, Florida, and Heather Savage
Telfer, Bar Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Howard L. “Rex” Dimmig, II, on behalf of the Florida Public
Defender Association, Inc., Bartow, Florida,

Responding with comments

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APPENDIX

RULE 9.148. APPEAL PROCEEDINGS TO REVIEW ORDERS
UNDER FLORIDA MENTAL HEALTH/BAKER ACT

(a) Applicability. Appeal proceedings in cases under The
Florida Mental Health Act, also called The Baker Act, sections
394.451–394.47892, Florida Statutes, will be as in civil cases
except to the extent those rules are modified by this rule.

(b) Stay of Proceedings. Except as provided by general law,
a party seeking to stay a final or nonfinal order pending review
must file a motion in the lower tribunal, which will have continuing
jurisdiction, in its discretion, to grant, modify, or deny such relief. A
party may seek review of a lower tribunal’s order entered under this
rule by filing a motion in the court.

(c) Retention of Jurisdiction. Transmission of the record to
the court does not remove the jurisdiction of the lower tribunal to
conduct judicial reviews or other proceedings related to the health
and welfare of the patient pending appeal.

(d) References to Patient. When the patient is a party to
the appeal, the appeal must be docketed and any documents filed
in the court must be titled with the initials, but not the name, of the
patient and the court case number. All references to the patient in
briefs, other documents, and the decision of the court must be by
initials.

(e) Special Procedures and Time Limitations Applicable
to Appeals of Orders in Florida Mental Health/Baker Act
Proceedings.

(1) Applicability. This subdivision applies only to
appeals of final orders to the district courts of appeal.

(2) The Record. The record must be prepared in
accordance with rule 9.200, except as modified by this subdivision.

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(A) Transcripts of Proceedings. The appellant must
file any designation to the court reporter, including the name(s) of
the individual court reporter(s), if applicable, with the notice of
appeal. The designation must be served on the court reporter on the
date of filing and must state that the appeal is from an order under
The Florida Mental Health Act/Baker Act and that the court
reporter must provide the transcript(s) designated within 20 days of
the date of service. Within 20 days of the date of service of the
designation, the court reporter must transcribe and file with the
clerk of the lower tribunal the transcripts. If extraordinary reasons
prevent the reporter from preparing the transcript(s) within the 20
days, the reporter must request an extension of time, must state
the number of additional days requested, and must state the
extraordinary reasons that would justify the extension.

(B) Directions to the Clerk of the Lower Tribunal,
Duties of the Clerk of the Lower Tribunal, Preparation and
Transmission of the Record. Any directions to the clerk of the lower
tribunal from the appellant must be filed with the notice of appeal.
The clerk of the lower tribunal must electronically transmit the
record to the court within 7 days after the date the court reporter
files the transcript(s) or, if a designation to the court reporter has
not been filed, within 7 days after the filing of the notice of appeal.

(3) Briefs.

(A) In General. Briefs must be prepared and filed
in accordance with rule 9.210(a)–(e), (g), and (h).

(B) Times for Service. The initial brief must be
served within 20 days after service of the record on appeal. The
answer brief must be served within 20 days after service of the
initial brief. The reply brief, if any, must be served within 7 days
after the service of the answer brief. In any appeal or cross-appeal,
if more than 1 initial or answer brief is authorized, the responsive
brief must be served within 20 days after the last initial brief or
within 7 days after the last answer brief was served. If the last
authorized initial or answer brief is not served, the responsive brief
must be served within 20 days after the last authorized initial brief

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or within 7 days after the last authorized answer brief could have
been timely served.

(C) Anders Briefs. Within the time required for
service of the initial brief, counsel may file a brief stating that an
appeal would be frivolous. Within 7 days of serving the brief,
counsel must file a notice with the court certifying that counsel has
forwarded a copy of the record and a copy of the transcript(s) of the
proceedings to the appellant or that counsel is unable to forward a
copy of the record and the transcript(s) of the proceedings after
making diligent efforts. The court will independently review the
record to discover any arguable issues apparent on the face of the
record. On the discovery of an arguable issue, the court will order
briefing on the issues identified by the court.

(4) Motions for Extensions of Time. An extension of time
will be granted only for extraordinary circumstances. The motion
must state that the appeal is from an order under The Florida
Mental Health Act/Baker Act and must set out the extraordinary
circumstances that necessitate an extension, the amount of time
requested, and the effect an extension will have on the progress of
the case.

(5) Oral Argument. A request for oral argument must be
in a separate document served by a party not later than the time
when the first brief of that party is due.

(6) Rehearing; Rehearing En Banc; Clarification;
Certification; Issuance of Written Opinion. Motions for rehearing,
rehearing en banc, clarification, certification, and issuance of a
written opinion must be in accordance with rules 9.330 and 9.331,
except that no response to these motions is permitted unless
ordered by the court.

(7) The Mandate. The clerk of the district court of
appeal must issue such mandate or process as may be directed by
the court as soon as practicable.

(f) Expedited Review. The court must give priority to
appeals under this rule.

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RULE 9.210. BRIEFS

(a) Generally. Unless otherwise ordered by the court, the
only briefs permitted to be filed by the parties in any 1 proceeding
are the initial brief, the answer brief, and a reply brief. A cross-reply
brief is permitted if a cross-appeal has been filed or if the
respondent identifies issues on cross-review in its brief on
jurisdiction in the supreme court. All briefs required by these rules
shallmust be prepared as follows:

(1) The cover sheet of each brief shallmust state the
name of the court, the style of the cause, including the case number
if assigned, the lower tribunal, the party on whose behalf the brief
is filed, the type of brief, and the name, address, and e-mail address
of the attorney filing the brief.

(2) Computer-generated briefs shallmust not exceed the
word count limits of this subdivision. Handwritten or typewritten
briefs shallmust not exceed the page limits of this subdivision. The
word count or page limits for briefs shallwill be as follows:

(A) Briefs on jurisdiction shallmust not exceed
2,500 words or 10 pages.

(B) Except as provided in subdivisions (a)(2)(C)
and (a)(2)(D) of this rule, the initial and answer briefs shallmust not
exceed 13,000 words or 50 pages and the reply brief shallmust not
exceed 4,000 words or 15 pages. If a cross-appeal is filed or the
respondent identifies issues on cross-review in its brief on
jurisdiction in the supreme court, the appellee or respondent’s
answer/cross-initial brief shallmust not exceed 22,000 words or 85
pages, and the appellant or petitioner’s reply/cross-answer brief
shallmust not exceed 13,000 words or 50 pages, not more than
4,000 words or 15 pages of which shall be devoted to argument
replying to the answer portion of the appellee or respondent’s
answer/cross-initial brief. Cross-reply briefs shallmust not exceed
4,000 words or 15 pages.

(C) In an appeal from a judgment of conviction
imposing a sentence of death or from an order ruling after an

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evidentiary hearing on an initial postconviction motion filed under
Florida Rule of Criminal Procedure 3.851, the initial and answer
briefs shallmust not exceed 25,000 words or 100 pages and the
reply brief shallmust not exceed 10,000 words or 35 pages. If a
cross-appeal is filed, the appellee’s answer/cross-initial brief
shallmust not exceed 40,000 words or 150 pages and the
appellant’s reply/cross-answer brief shallmust not exceed 25,000
words or 100 pages, not more than 10,000 words or 35 pages of
which shall be devoted to argument replying to the answer portion
of the appellee’s answer/cross-initial brief. Cross-reply briefs
shallmust not exceed 10,000 words or 35 pages.

(D) In an appeal from an order summarily denying
an initial postconviction motion filed under Florida Rule of Criminal
Procedure 3.851, a ruling on a successive postconviction motion
filed under Florida Rule of Criminal Procedure 3.851, a finding that
a defendant is intellectually disabled as a bar to execution under
Florida Rule of Criminal Procedure 3.203, or a ruling on a motion
for postconviction DNA testing filed under Florida Rule of Criminal
Procedure 3.853, the initial and answer briefs shallmust not exceed
75 pages. Reply briefs shallmust not exceed 25 pages.

(E) The cover sheet, the tables of contents and
citations, the certificates of service and compliance, and the
signature block for the brief’s author shall beare excluded from the
word count andor page limits in subdivisions (a)(2)(A)–(a)(2)(D). For
briefs on jurisdiction, the statement of the issues also shallwill be
excluded from the word count or page limits in subdivision (a)(2)(A).
All pages not excluded from the computation shallmust be
consecutively numbered. The court may permit longer briefs.

(3) [No Change]

(b) Contents of Initial Brief. The initial brief shallmust
contain the following, in order:

(1) - (2) [No Change]

(3) a statement of the case and of the facts, which
shallmust include the nature of the case, the course of the

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proceedings, and the disposition in the lower tribunal, with
references to the appropriate pages of the record or transcript;

(4) - (8) [No Change]

(c) Contents of Answer Brief. The answer brief shallmust
be prepared in the same manner as the initial brief, provided that
the statement of the case and of the facts may be omitted, if the
corresponding section of the initial brief is deemed satisfactory. If a
cross-appeal has been filed or the respondent identifies issues on
cross-review in its brief on jurisdiction in the supreme court, the
answer brief shallmust include the issues presented in the cross-
appeal or cross-review, and argument in support of those issues.

(d) Contents of Reply Brief. The reply brief shallmust
contain argument in response and rebuttal to argument presented
in the answer brief. A table of contents, a table of citations, a
certificate of service, and, for computer-generated briefs, a
certificate of compliance shallmust be included in the same manner
as in the initial brief.

(e) Contents of Cross-Reply Brief. The cross-reply brief is
limited to rebuttal of argument of the cross-appellee. A table of
contents, a table of citations, a certificate of service, and, for
computer-generated briefs, a certificate of compliance shallmust be
included in the same manner as in the initial brief.

(f) Contents of Briefs on Jurisdiction. Briefs on
jurisdiction, filed pursuant tounder rule 9.120, shallmust contain a
statement of the issues, a statement of the case and facts, the
argument, the conclusion, a table of contents, a table of citations, a
certificate of service, and, for computer-generated briefs, shallmust
also include a certificate of compliance in the same manner as
provided in subdivisions (a) and (b) of this rule. In the statement of
the issues, petitioner shallmust identify any issues independent of
those on which jurisdiction is invoked that petitioner intends to
raise if the court grants review. Respondent, in its statement of the
issues, shallmust clearly identify any affirmative issues,
independent of those on which jurisdiction is invoked and
independent of those raised by petitioner in its statement of the

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issues, that respondent intends to raise on cross-review if the court
grants review.

(g) Times for Service of Briefs. The times for serving
jurisdiction and initial briefs are prescribed by rules 9.110, 9.120,
9.130, and 9.140, and 9.148. Unless otherwise required, the answer
brief shallmust be served within 30 days after service of the initial
brief; the reply brief, if any, shallmust be served within 30 days
after service of the answer brief; and the cross-reply brief, if any,
shallmust be served within 30 days thereafter. In any appeal or
cross-appeal, if more than 1 initial or answer brief is authorized,
the responsive brief shallmust be served within 30 days after the
last initial or answer brief was served. If the last authorized initial
or answer brief is not served, the responsive brief shallmust be
served within 30 days after the last authorized initial or answer
brief could have been timely served.

(h) [No Change]

Committee Notes
[No Change]

Court Commentary
[No Change]

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