In Re: Amendments to the Florida Rules of Appellate Procedure

Supreme Court of Florida
____________

No. SC22-1784
____________

IN RE: AMENDMENTS TO THE FLORIDA RULES OF APPELLATE
PROCEDURE.

March 16, 2023

PER CURIAM.

This matter is before the Court for consideration of proposed

amendments to the Florida Rules of Appellate Procedure. See Fla.

R. Gen. Prac. & Jud. Admin. 2.140(b)(1). We have jurisdiction. See

art. V, § 2(a), Fla. Const.

The Florida Bar’s Appellate Court Rules Committee

(Committee) filed a report proposing amendments to rules 9.140

(Appeal Proceedings in Criminal Cases), 9.141 (Review Proceedings

in Collateral or Postconviction Criminal Cases), 9.142 (Procedure for

Review in Death Penalty Cases), 9.145 (Appeal Proceedings in

Juvenile Delinquency Cases), 9.146 (Appeal Proceedings in Juvenile

Dependency and Termination of Parental Rights Cases and Cases

Involving Families and Children in Need of Services), and 9.310
(Stay Pending Review). The Committee and the Board of Governors

of The Florida Bar approved the proposed amendments. The

Committee published proposed amendments to rules 9.145, 9.146,

and 9.310 for comment prior to filing them with the Court, and no

comments were received.

Having considered the proposed amendments, the Court

hereby amends Florida Rules of Appellate Procedure 9.140, 9.141,

9.142, 9.145, 9.146, and 9.310 as proposed by the Committee, with

slight modification. The more significant amendments are

discussed below.

First, rules 9.140, 9.141, 9.142, 9.146, and 9.310 are

amended throughout to provide consistency and accuracy to

references to the clerk as follows: if the circuit court is the lower

tribunal, the rule should refer to the clerk of the circuit court; if the

lower tribunal could be the county or circuit court, an

administrative agency, or the district court of appeal, the rule

should refer to the clerk of the lower tribunal; and if the clerk is of

the appellate court, the rule should refer to the clerk of the court.

Next, rules 9.145(e) (Confidentiality) and 9.146(f)

(Confidentiality) are amended to remove references to documents
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filed in paper format, and reference is made to Florida Rule of

General Practice and Judicial Administration 2.420 for additional

guidance on confidentiality of records.

Finally, rules 9.146(c)(3) (Review) and 9.310(f) (Review) are

reworded to provide greater clarity.

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 to the rule shall become

effective July 1, 2023, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL,
GROSSHANS, and FRANCIS, 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

Hon. Andrew D. Manko, Chair, Appellate Court Rules Committee,
Tallahassee, Florida, Joshua E. Doyle, Executive Director, The
Florida Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar
Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

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 Appendix

RULE 9.140. Appeal Proceedings in Criminal Cases

(a) Applicability. Appeal proceedings in criminal cases
shallwill be as in civil cases except as modified by this rule.

(b) Appeals by Defendant.

(1) [NO CHANGE]

(2) Guilty or Nolo Contendere Pleas.

(A) [NO CHANGE]

(B) Record.

(i) Except for appeals under subdivision
(b)(2)(A)(i) of this rule, the record for appeals involving a plea of
guilty or nolo contendere shallwill be limited to:

a.–e. [NO CHANGE]

f. notice of appeal, statement of judicial
acts to be reviewed, directions to the clerk of the lower tribunal, and
designation to the approved court reporter or approved
transcriptionist.

(ii) [NO CHANGE]

(3) Commencement. The defendant shallmust file the
notice prescribed by rule 9.110(d) with the clerk of the lower
tribunal at any time between rendition of a final judgment and 30
days following rendition of a written order imposing sentence.
Copies shallmust be served on the state attorney and attorney
general.

(4) Cross-Appeal. A defendant may cross-appeal by
serving a notice within 15 days of service of the state’s notice or
service of an order on a motion pursuant tounder Florida Rule of
Criminal Procedure 3.800(b)(2). Review of cross-appeals before trial
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is limited to related issues resolved in the same order being
appealed.

(c) Appeals by the State.

(1) [NO CHANGE]

(2) Commencement. The state shallmust file the notice
prescribed by rule 9.110(d) with the clerk of the lower tribunal
within 15 days of rendition of the order to be reviewed; provided
that in an appeal by the state under rule 9.140(c)(1)(K), the state’s
notice of cross-appeal shallmust be filed within 15 days of service of
defendant’s notice or service of an order on a motion pursuant
tounder Florida Rule of Criminal Procedure 3.800(b)(2). Copies
shallmust be served on the defendant and the attorney of record.
An appeal by the state shallwill stay further proceedings in the
lower tribunal only by order of the lower tribunal.

(d) Withdrawal of Defense Counsel after Judgment and
Sentence or after Appeal by State.

(1) The attorney of record for a defendant shallwill not
be relieved of any professional duties, or be permitted to withdraw
as defense counsel of record, except with approval of the lower
tribunal on good cause shown on written motion, until either the
time has expired for filing an authorized notice of appeal and no
such notice has been filed by the defendant or the state, or after the
following have been completed:

(A)–(B) [NO CHANGE]

(C) the defendant’s directions to the clerk of the
lower tribunal have been filed, if necessary;

(D) [NO CHANGE]

(E) in publicly funded defense and state appeals,
when the lower tribunal has entered an order appointing the office
of the public defender for the local circuit, the district office of
criminal conflict and civil regional counsel, or private counsel as

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provided by chapter 27, Florida Statutes, that office, or attorney
shallwill remain counsel for the appeal until the record is
electronically transmitted to the court. In publicly funded state
appeals, defense counsel shallmust additionally file with the court a
copy of the lower tribunal’s order appointing the local public
defender, the office of criminal conflict and civil regional counsel, or
private counsel. In non-publicly funded defense and state appeals,
retained appellate counsel shallmust file a notice of appearance in
the court, or defense counsel of record shallmust file a motion to
withdraw in the court, with service on the defendant, that states
what the defendant’s legal representation on appeal, if any, is
expected to be. Documents filed in the court shallmust be served on
the attorney general (or state attorney in appeals to the circuit
court).

(2) Orders allowing withdrawal of counsel are
conditional and counsel shallmust remain of record for the limited
purpose of representing the defendant in the lower tribunal
regarding any sentencing error the lower tribunal is authorized to
address during the pendency of the direct appeal pursuant tounder
Florida Rule of Criminal Procedure 3.800(b)(2).

(e) [NO CHANGE]

(f) Record.

(1) Service. The clerk of the lower tribunal shallmust
prepare and serve the record prescribed by rule 9.200 within 50
days of the filing of the notice of appeal. However, the clerk of the
lower tribunal shallmust not serve the record until all proceedings
designated for transcription have been transcribed by the court
reporter(s) and filed with the clerkin the lower tribunal. If the
designated transcripts have not been filed by the date required for
service of the record, the clerk of the lower tribunal shallmust file
with the court, and serve on all parties and any court reporter
whose transcript has not been filed, a notice of inability to complete
the record, listing the transcripts not yet received. In cases wherein
which the transcripts are filed after a notice from the clerkof
inability to complete the record, the clerk of the lower tribunal
shallmust prepare and file the record within 20 days of receipt of
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the transcripts. An order granting an extension to the court reporter
to transcribe designated proceedings shallwill toll the time for the
clerk of the lower tribunal to serve this notice or the record on
appeal.

(2) Transcripts.

(A) If a defendant’s designation of a transcript of
proceedings requires expenditure of public funds, trial counsel for
the defendant (in conjunction with appellate counsel, if possible)
shallmust serve, within 10 days of filing the notice, a statement of
judicial acts to be reviewed, and a designation to the approved court
reporter or approved transcriptionist requiring preparation of only
so much of the proceedings as fairly supports the issue raised.

(B) [NO CHANGE]

(C) Except as permitted in subdivision (f)(2)(D) of
this rule, the parties shallmust serve the designation on the
approved court reporter or approved transcriptionist to file with the
clerk of the lower tribunal the transcripts for the court and
sufficient paper copies for all parties exempt from service by e-mail
as set forth in Florida Rule of General Practice and Judicial
Administration 2.516.

(D) Nonindigent defendants represented by
counsel may serve the designation on the approved court reporter
or approved transcriptionist to prepare the transcripts. Counsel
adopting this procedure shallmust, within 5 days of receipt of the
transcripts from the approved court reporter or approved
transcriptionist, file the transcripts. Counsel shallmust serve notice
of the use of this procedure on the attorney general and the clerk of
the lower tribunal. Counsel shallmust attach a certificate to each
transcript certifying that it is accurate and complete. When this
procedure is used, the clerk of the lower tribunal upon conclusion
of the appeal shallmust retain the transcript(s) for use as needed by
the state in any collateral proceedings and shallmust not dispose of
the transcripts without the consent of the attorney general.

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 (E) In state appeals, the state shallmust serve a
designation on the approved court reporter or approved
transcriptionist to prepare and file with the clerk of the lower
tribunal the transcripts and sufficient copies for all parties exempt
from service by e-mail as set forth in Florida Rule of General
Practice and Judicial Administration 2.516. Alternatively, the state
may elect to use the procedure specified in subdivision (f)(2)(D) of
this rule.

(F) [NO CHANGE]

(3) Retention of Documents. Unless otherwise ordered
by the court, the clerk of the lower tribunal shallmust retain any
original documents.

(4) Service of Copies. The clerk of the lower tribunal
shallmust serve copies of the record to the court, attorney general,
and all counsel appointed to represent indigent defendants on
appeal. The clerk of the lower tribunal shallmust simultaneously
serve copies of the index to all nonindigent defendants and, upon
their request, copies of the record or portions thereof at the cost
prescribed by law.

(5) Return of Record. Except in death penalty cases, the
court shallmust return to the lower tribunal, after final disposition
of the appeal, any portions of the appellate record that were not
electronically filed.

(6) Supplemental Record for Motion to Correct Sentencing
Error Pursuant toUnder Florida Rule of Criminal Procedure
3.800(b)(2).

(A) Transmission.

(i) The clerk of circuit courtthe lower
tribunal shallmust automatically supplement the appellate record
with any motion pursuant tounder Florida Rule of Criminal
Procedure 3.800(b)(2), any response, any resulting order, and any
amended sentence. If a motion for rehearing is filed, the supplement

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shallmust also include the motion for rehearing, any response, and
any resulting order.

(ii) The clerk of the lower tribunal shallmust
electronically transmit the supplement to the appellate court within
20 days after the filing of the order disposing of the rule 3.800(b)(2)
motion, unless a motion for rehearing is filed. If an order is not filed
within 60 days after the filing of the rule 3.800(b)(2) motion, and no
motion for rehearing is filed, this 20-day period shallwill run from
the expiration of the 60-day period, and the clerk of the lower
tribunal shallmust include a statement in the supplement that no
order on the rule 3.800(b)(2) motion was timely filed.

(iii) If a motion for rehearing is filed, the clerk
of the lower tribunal shallmust electronically transmit the
supplement to the court within 5 days after the filing of the order
disposing of the motion for rehearing. If an order disposing of the
motion for rehearing is not filed within 40 days after the date of the
order for which rehearing is sought, this 5-day period shallwill run
from the expiration of the 40-day period, and the clerk of the lower
tribunal shallmust include a statement in the supplement that no
order on the motion for rehearing was timely filed.

(B) Transcripts. If any appellate counsel
determines that a transcript of a proceeding relating to such a
motion is required to review the sentencing issue, appellate counsel
shallmust, within 5 days from the transmission of the supplement
described in subdivision (f)(6)(A)(ii), designate those portions of the
proceedings not on file deemed necessary for transcription and
inclusion in the record. Appellate counsel shallmust file the
designation with the court and serve it on the approved court
reporter or approved transcriptionist. The procedure for this
supplementation shallmust be in accordance with this subdivision,
except that counsel is not required to file a revised statement of
judicial acts to be reviewed, the approved court reporter or
approved transcriptionist shallmust deliver the transcript within 15
days, and the clerk of the lower tribunal shallmust supplement the
record with the transcript within 5 days of its receipt.

(g) Briefs.
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 (1) Brief on the Merits. Initial briefs, including those
filed pursuant tounder subdivision (g)(2)(A), shallmust be served
within 30 days of transmission of the record or designation of
appointed counsel, whichever is later. Additional briefs shallmust
be served as prescribed by rule 9.210.

(2) Anders Briefs.

(A) If appointed counsel files a brief stating that
an appeal would be frivolous, the court shallmust independently
review the record to discover any arguable issues apparent on the
face of the record. UpoOn the discovery of an arguable issue, other
than an unpreserved sentencing, disposition, or commitment order
error, the court shallmust order briefing on the issues identified by
the court.

(B) Upon discovery of an unpreserved sentencing,
disposition, or commitment order error, the court may strike the
brief and allow for a motion pursuant tounder Florida Rule of
Criminal Procedure 3.800(b)(2) or Florida Rule of Juvenile
Procedure 8.135(b)(2) to be filed. The court’s order may contain
deadlines for the cause to be resolved within a reasonable time.

(h) Post-Trial Release.

(1) [NO CHANGE]

(2) Appeal by State. An incarcerated defendant charged
with a bailable offense shallmust on motion be released on the
defendant’s own recognizance pending an appeal by the state,
unless the lower tribunal for good cause stated in an order
determines otherwise.

(3) Denial of Post-Trial Release. All orders denying post-
trial release shallmust set forth the factual basis on which the
decision was made and the reasons therefor.

(4) Review. Review of an order relating to post-trial
release shallwill be by the court on motion.

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 (i) Scope of Review. The court shallmust review all rulings
and orders appearing in the record necessary to pass upon the
grounds of an appeal. In the interest of justice, the court may grant
any relief to which any party is entitled.

Committee Notes
[NO CHANGE]

Court Commentary
[NO CHANGE]

RULE 9.141. Review Proceedings in Collateral or
Postconviction Criminal Cases

(a) [NO CHANGE]

(b) Appeals from Postconviction Proceedings Under
Florida Rules of Criminal Procedure 3.800(a), 3.801, 3.802,
3.850, or 3.853.

(1) Applicability of Civil Appellate Procedures. Appeal
proceedings under this subdivision shallwill be as in civil cases,
except as modified by this rule.

(2) Summary Grant or Denial of All Claims Raised in a
Motion Without Evidentiary Hearing.

(A) Record. When a motion for postconviction
relief under rules 3.800(a), 3.801, 3.802, 3.850, or 3.853 is granted
or denied without an evidentiary hearing, the clerk of the lower
tribunal shallmust electronically transmit to the court, as the
record, the motion, response, reply, order on the motion, motion for
rehearing, response, reply, order on the motion for rehearing, and
attachments to any of the foregoing, together with the certified copy
of the notice of appeal.

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 (B) Index. The clerk of the lower tribunal
shallmust index and paginate the record and send copies of the
index and record to the parties.

(C) Briefs or Responses.

(i) Briefs are not required, but the appellant
may serve an initial brief within 30 days of filing the notice of
appeal. The appellee need not file an answer brief unless directed by
the court. The initial brief shallmust comply with the word count (if
computer-generated) or page limits (if handwritten or typewritten)
set forth in rule 9.210 for initial briefs. The appellant may serve a
reply brief as prescribed by rule 9.210.

(ii) The court may request a response from
the appellee before ruling, regardless of whether the appellant filed
an initial brief. The appellant may serve a reply within 30 days after
service of the response. The response and reply shallmust comply
with the word count (if computer-generated) or page limits (if
handwritten or typewritten) set forth in rule 9.210 for answer briefs
and reply briefs.

(D) Disposition. On appeal from the denial of
relief, unless the record shows conclusively that the appellant is
entitled to no relief, the order shallmust be reversed and the cause
remanded for an evidentiary hearing or other appropriate relief.

(3) Grant or Denial of Motion after an Evidentiary
Hearing was Held on 1 or More Claims.

(A) Transcription. In the absence of designations
to the court reporter, the notice of appeal filed by an indigent pro se
litigant in a rule 3.801, 3.802, 3.850, or 3.853 appeal after an
evidentiary hearing shallwill serve as the designation to the court
reporter for the transcript of the evidentiary hearing. Within 5 days
of receipt of the notice of appeal, the clerk of the lower tribunal
shallmust request the appropriate court reporter to transcribe the
evidentiary hearing and shallmust send the court reporter a copy of
the notice, the date of the hearing to be transcribed, the name of
the judge, and a copy of this rule.
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 (B) Record.

(i) When a motion for postconviction relief
under rules 3.801, 3.802, 3.850, or 3.853 is granted or denied after
an evidentiary hearing, the clerk of the lower tribunal shallmust
index, paginate, and electronically transmit to the court as the
record, within 50 days of the filing of the notice of appeal, the notice
of appeal, motion, response, reply, order on the motion, motion for
rehearing, response, reply, order on the motion for rehearing, and
attachments to any of the foregoing, as well as the transcript of the
evidentiary hearing.

(ii) Within 10 days of filing the notice of
appeal, the appellant may direct the clerk of the lower tribunal to
include in the record any other documents that were before the
lower tribunal at the hearing.

(iii) The clerk of the lower tribunal shallmust
serve copies of the record on the attorney general, all counsel
appointed to represent indigent defendants on appeal, and any pro
se indigent defendant. The clerk of the lower tribunal shallmust
simultaneously serve copies of the index on all nonindigent
defendants and, at their request, copies of the record or portions of
it at the cost prescribed by law.

(C) Briefs. Initial briefs shallmust be served within
30 days of service of the record or its index. Additional briefs
shallmust be served as prescribed by rule 9.210.

(c) Petitions Seeking Belated Appeal or Belated
Discretionary Review.

(1) [NO CHANGE]

(2) Treatment as Original Proceedings. Review
proceedings under this subdivision shallwill be treated as original
proceedings under rule 9.100, except as modified by this rule.

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 (3) Forum. Petitions seeking belated review shallmust
be filed in the court to which the appeal or discretionary review
should have been taken.

(4) Contents. The petition shallmust be in the form
prescribed by rule 9.100, may include supporting documents, and
shallmust recite in the statement of facts:

(A)–(G) [NO CHANGE]

(5) Time Limits.

(A) A petition for belated appeal shallmust not be
filed more than 2 years after the expiration of time for filing the
notice of appeal from a final order, unless it alleges under oath with
a specific factual basis that the petitioner was unaware a notice of
appeal had not been timely filed or was not advised of the right to
an appeal or was otherwise prevented from timely filing the notice of
appeal due to circumstances beyond the petitioner’s control, and
could not have ascertained such facts by the exercise of reasonable
diligence. In no case shallmay a petition for belated appeal be filed
more than 4 years after the expiration of time for filing the notice of
appeal.

(B) A petition for belated discretionary review
shallmust not be filed more than 2 years after the expiration of time
for filing the notice to invoke discretionary review from a final order,
unless it alleges under oath with a specific factual basis that the
petitioner was unaware such notice had not been timely filed or was
not advised of the results of the appeal, or was otherwise prevented
from timely filing the notice due to circumstances beyond the
petitioner’s control, and that the petitioner could not have
ascertained such facts by the exercise of reasonable diligence. In no
case shallmay a petition for belated discretionary review be filed
more than 4 years after the expiration of time for filing the notice to
invoke discretionary review from a final order.

(6) Procedure.

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 (A) The petitioner shallmust serve a copy of a
petition for belated appeal on the attorney general and state
attorney. The petitioner shallmust serve a copy of a petition for
belated discretionary review on the attorney general.

(B) The court may by order identify any provision
of this rule that the petition fails to satisfy and, pursuant tounder
rule 9.040(d), allow the petitioner a specified time to serve an
amended petition.

(C) [NO CHANGE]

(D) An order granting a petition for belated appeal
shallmust be filed with the lower tribunal and treated as the notice
of appeal, if no previous notice has been filed. An order granting a
petition for belated discretionary review or belated appeal of a
decision of a district court of appeal shallmust be filed with the
district court of appeal and treated as a notice to invoke
discretionary jurisdiction or notice of appeal, if no previous notice
has been filed.

(d) Petitions Alleging Ineffective Assistance of Appellate
Counsel.

(1) [NO CHANGE]

(2) Treatment as Original Proceedings. Review
proceedings under this subdivision shallwill be treated as original
proceedings under rule 9.100, except as modified by this rule.

(3) Forum. Petitions alleging ineffective assistance of
appellate counsel shallmust be filed in the court to which the
appeal was taken.

(4) Contents. The petition shallmust be in the form
prescribed by rule 9.100, may include supporting documents, and
shallmust recite in the statement of facts:

(A)–(F) [NO CHANGE]

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 (5) Time Limits. A petition alleging ineffective assistance
of appellate counsel on direct review shallmust not be filed more
than 2 years after the judgment and sentence become final on
direct review unless it alleges under oath with a specific factual
basis that the petitioner was affirmatively misled about the results
of the appeal by counsel. In no case shallmay a petition alleging
ineffective assistance of appellate counsel on direct review be filed
more than 4 years after the judgment and sentence become final on
direct review.

(6) Procedure.

(A) The petitioner shallmust serve a copy of the
petition on the attorney general.

(B) The court may by order identify any provision
of this rule that the petition fails to satisfy and, pursuant tounder
rule 9.040(d), allow the petitioner a specified time to serve an
amended petition.

(C) [NO CHANGE]

Committee Notes
[NO CHANGE]

RULE 9.142. Procedure for Review in Death Penalty Cases

(a) Procedure in Death Penalty Appeals.

(1) Record.

(A) When the notice of appeal is filed in the
supreme court, the chief justice will direct the appropriate chief
judge of the circuit court to monitor the preparation of the complete
record for timely filing in the supreme court. Transcripts of all
proceedings conducted in the lower tribunal shallmust be included
in the record under these rules.

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 (B) The complete record in a death penalty appeal
shallmust include all items required by rule 9.200 and by any order
issued by the supreme court. In any appeal following the initial
direct appeal, the record shallmust exclude any materials already
transmitted to the supreme court as the record in any prior appeal.
The clerk of the lower tribunalcircuit court shallmust retain a copy
of the complete record when it transmits the record to the supreme
court.

(C) The supreme court shallmust take judicial
notice of the appellate records in all prior appeals and writ
proceedings involving a challenge to the same judgment of
conviction and sentence of death. Appellate records subject to
judicial notice under this subdivision shallmust not be duplicated
in the record transmitted for the appeal under review.

(2) Briefs; Transcripts. After the record is filed, the clerk
of the supreme court will promptly establish a briefing schedule
allowing the defendant 60 days from the date the record is filed, the
state 50 days from the date the defendant’s brief is served, and the
defendant 40 days from the date the state’s brief is served to serve
their respective briefs. On appeals from orders ruling on
applications for relief under Florida Rules of Criminal Procedure
3.851 or 3.853, and on resentencing matters, the schedules set
forth in rule 9.140(g) will control.

(3)–(4) [NO CHANGE]

(5) Scope of Review. On direct appeal in death penalty
cases, whether or not insufficiency of the evidence is an issue
presented for review, the court shallmust review the issue and, if
necessary, remand for the appropriate relief.

(b) Petitions for Extraordinary Relief.

(1) Treatment as Original Proceedings. Review
proceedings under this subdivision shallwill be treated as original
proceedings under rule 9.100, except as modified by this rule.

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 (2) Contents. Any petition filed pursuant tounder this
subdivision shallmust be in the form prescribed by rule 9.100, may
include supporting documents, and shallmust recite in the
statement of facts:

(A)–(E) [NO CHANGE]

(3) Petitions Seeking Belated Appeal.

(A) Contents. A petition for belated appeal
shallmust include a detailed allegation of the specific acts sworn to
by the petitioner or petitioner’s counsel that constitute the basis for
entitlement to belated appeal, including whether the petitioner
requested counsel to proceed with the appeal and the date of any
such request, whether counsel misadvised the petitioner as to the
availability of appellate review or the filing of the notice of appeal, or
whether there were circumstances unrelated to counsel’s action or
inaction, including names of individuals involved and date(s) of the
occurrence(s), that were beyond the petitioner’s control and
otherwise interfered with the petitioner’s ability to file a timely
appeal.

(B) Time limits. A petition for belated appeal
shallmust not be filed more than 1 year after the expiration of time
for filing the notice of appeal from a final order denying rule 3.851
relief, unless it alleges under oath with a specific factual basis that
the petitioner:

(i)-(ii) [NO CHANGE]

In no case shallmay a petition for belated appeal be filed more
than 2 years after the expiration of time for filing the notice of
appeal.

(4) Petitions Alleging Ineffective Assistance of Appellate
Counsel.

(A) Contents. A petition alleging ineffective
assistance of appellate counsel shallmust include detailed

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allegations of the specific acts that constitute the alleged ineffective
assistance of counsel on direct appeal.

(B) Time limits. A petition alleging ineffective
assistance of appellate counsel shallmust be filed simultaneously
with the initial brief in the appeal from the lower tribunal’s order on
the defendant’s application for relief under Florida Rule of Criminal
Procedure 3.851.

(c) Petitions Seeking Review of Nonfinal Orders in Death
Penalty Postconviction Proceedings.

(1) [NO CHANGE]

(2) Treatment as Original Proceedings. Review
proceedings under this subdivision shallwill be treated as original
proceedings under rule 9.100 unless modified by this subdivision.

(3) Commencement; Parties.

(A) Jurisdiction of the supreme court shallmust be
invoked by filing a petition with the clerk of the supreme court
within 30 days of rendition of the nonfinal order to be reviewed. A
copy of the petition shallmust be served on the opposing party and
furnished to the judge who issued the order to be reviewed.

(B) [NO CHANGE]

(4) Contents. The petition shallmust be in the form
prescribed by rule 9.100, and shallmust contain:

(A)–(G) [NO CHANGE]

(5) Appendix. The petition shallmust be accompanied
by an appendix, as prescribed by rule 9.220, which shallmust
contain the portions of the record necessary for a determination of
the issues presented.

(6) [NO CHANGE]

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 (7) Response. No response shallwill be permitted unless
ordered by the court.

(8) – (9) [NO CHANGE]

(10) Other Pleadings. The parties shallmust not file any
other pleadings, motions, replies, or miscellaneous documents
without leave of court.

(11) Time Limitations. Seeking review under this rule
shallwill not extend the time limitations in rules 3.851 or 3.852.

(d) [NO CHANGE]

Committee Notes
[NO CHANGE]

Criminal Court Steering Committee Note
[NO CHANGE]

RULE 9.145. Appeal Proceedings in Juvenile Delinquency
Cases

(a) Applicability. Appeal proceedings in juvenile
delinquency cases shallwill be as in rule 9.140 except as modified
by this rule.

(b) [NO CHANGE]

(c) Appeals by the State.

(1) [NO CHANGE]

(2) Nonfinal State Appeals. If the state appeals a pre-
adjudicatory hearing order of the trial court, the notice of appeal
must be filed within 15 days of rendition of the order to be reviewed
and before commencement of the adjudicatory hearing.

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 (A) A child in detention whose case is stayed
pending a state appeal shallmust be released from detention
pending the appeal if the child is charged with an offense that
would be bailable if the child were charged as an adult, unless the
lower tribunal for good cause stated in an order determines
otherwise. The lower tribunal retains discretion to release from
detention any child who is not otherwise entitled to release under
the provisions of this rule.

(B) If a child has been found incompetent to
proceed, any order staying the proceedings on a state appeal
shallwill have no effect on any order entered for the purpose of
treatment.

(d) References to Child. The appeal shallmust be entitled
and docketed with the initials, but not the name, of the child and
the court case number. All references to the child in briefs, other
documents, and the decision of the court shallmust be by initials.
This subdivision does not apply to transcripts.

(e) Confidentiality. All documents that are filed in paper
format under seal shall remain sealed in the office of the clerk of
court when not in use by the court, and shallFilings will not be
open to inspection except by the parties and their counsel, or as
otherwise ordered, pursuant to Florida Rule of General Practice and
Judicial Administration 2.420.

Committee Notes
[NO CHANGE]

RULE 9.146. Appeal Proceedings in Juvenile Dependency and
Termination Of Parental Rights Cases and Cases Involving
Families and Children in Need Of Services

(a) Applicability. Appeal proceedings in juvenile dependency
and termination of parental rights cases and cases involving

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families and children in need of services shallwill be as in civil cases
except to the extent those rules are modified by this rule.

(b) [NO CHANGE]

(c) Stay of Proceedings.

(1) Application. Except as provided by general law and
in subdivision (c)(2) of this rule, a party seeking to stay a final or
nonfinal order pending review shallmust file a motion in the lower
tribunal, which shall havehas continuing jurisdiction, in its
discretion, to grant, modify, or deny such relief, after considering
the welfare and best interest of the child.

(2) Termination of Parental Rights. The taking of an
appeal shallwill not operate as a stay in any case unless pursuant
to an order of the court or the lower tribunal, except that a
termination of parental rights order with placement of the child with
a licensed child-placing agency or the Department of Children and
Families for subsequent adoption shallwill be suspended while the
appeal is pending, but the child shallwill continue in custody under
the order until the appeal is decided.

(3) Review. A party may seek Rreview of a lower
tribunal’s orders entered by lower tribunals under this rule shall be
by filing a motion in the court on motion.

(d) [NO CHANGE]

(e) References to Child or Parents. When the parent or
child is a party to the appeal, the appeal shallwill be docketed and,
with the exception of transcripts, any documents filed in the court
shallmust be titled with the initials, but not the name, of the child
or parent and the court case number. All references to the child or
parent in briefs, documents other than transcripts, and the decision
of the court shallmust be by initials.

(f) Confidentiality. All documents that are filed in paper
format under seal shall remain sealed in the office of the clerk of the
court when not in use by the court, and shallFilings will not be

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open to inspection except by the parties and their counsel, or as
otherwise ordered, pursuant to Florida Rule of General Practice and
Judicial Administrative 2.420.

(g) Special Procedures and Time Limitations Applicable
to Appeals of Final Orders in Dependency or Termination of
Parental Rights Proceedings.

(1) [NO CHANGE]

(2) The Record.

(A) Contents. The record shallmust be prepared in
accordance with rule 9.200, except as modified by this subdivision.

(B) Transcripts of Proceedings. The appellant
shallmust file a designation to the court reporter, including the
name(s) of the individual court reporter(s), if applicable, with the
notice of appeal. The designation shallmust be served on the court
reporter on the date of filing and shallmust state that the appeal is
from a final order of termination of parental rights or of
dependency, and that the court reporter shallmust 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
shallmust transcribe and file with the clerk of the lower tribunal the
transcripts and sufficient copies for all parties exempt from service
by email as set forth in Florida Rule of General Practice and
Judicial Administration 2.516. If extraordinary reasons prevent the
reporter from preparing the transcript(s) within the 20 days, the
reporter shallmust request an extension of time, shallmust state the
number of additional days requested, and shallmust state the
extraordinary reasons that would justify the extension.

(C) Directions to the Clerk, Duties of the Clerk,
Preparation and Transmission of the Record. The appellant
shallmust file directions to the clerk of the lower tribunal with the
notice of appeal. The clerk of the lower tribunal shallmust
electronically transmit the record to the court within 5 days of the
date the court reporter files the transcript(s) or, if a designation to
the court reporter has not been filed, within 5 days of the filing of
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the notice of appeal. When the record is electronically transmitted
to the court, the clerk of the lower tribunal shallmust
simultaneously electronically transmit the record to the Department
of Children and Families, the guardian ad litem, counsel appointed
to represent any indigent parties, and shallmust simultaneously
serve copies of the index to all nonindigent parties, and, upon their
request, copies of the record or portions thereof. The clerk of the
lower tribunal shallmust provide the record in paper format to all
parties exempt from electronic service as set forth in the Florida
Rules of General Practice and Judicial Administration.

(3) Briefs.

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

(B) Times for Service. The initial brief shallmust be
served within 30 days of service of the record on appeal or the index
to the record on appeal. The answer brief shallmust be served
within 30 days of service of the initial brief. The reply brief, if any,
shallmust be served within 15 days of 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 shallmust be served within
30 days after the last initial brief or within 15 days after the last
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 brief or within 15 days after the
last authorized answer brief could have been timely served.

(4) Motions.

(A) Motions for Appointment of Appellate Counsel;
Authorization of Payment of Transcription Costs. A motion for the
appointment of appellate counsel, when authorized by general law,
and a motion for authorization of payment of transcription costs,
when appropriate, shallmust be filed with the notice of appeal. The
motion and a copy of the notice of appeal shallmust be served on
the presiding judge in the lower tribunal. The presiding judge
shallmust promptly enter an order on the motion.

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 (B) Motions to Withdraw as Counsel. If appellate
counsel seeks leave to withdraw from representation of an indigent
parent, the motion to withdraw shallmust be served on the parent
and shallmust contain a certification that, after a conscientious
review of the record, the attorney has determined in good faith that
there are no meritorious grounds on which to base an appeal. The
parent shallwill be permitted to file a brief pro se, or through
subsequently retained counsel, within 20 days of the issuance of an
order granting the motion to withdraw. Within 5 days of the
issuance of an order granting the motion to withdraw, appellate
counsel shallmust file a notice with the court certifying that counsel
has forwarded a copy of the record and the transcript(s) of the
proceedings to the parent or that counsel is unable to forward a
copy of the record and the transcript(s) of the proceedings because
counsel cannot locate the parent after making diligent efforts.

(C) Motions for Extensions of Time. An extension
of time will be granted only for extraordinary circumstances in
which the extension is necessary to preserve the constitutional
rights of a party, or in which substantial evidence exists to
demonstrate that without the extension the child’s best interests
will be harmed. The extension will be limited to the number of days
necessary to preserve the rights of the party or the best interests of
the child. The motion shallmust state that the appeal is from a final
order of termination of parental rights or of dependency, and
shallmust 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
shallmust 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 shallmust be in accordance with rules 9.330 and
9.331, except that no response to these motions is permitted unless
ordered by the court.

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

(h) Expedited Review. The court shallmust give priority to
appeals under this rule.

(i) Ineffective Assistance of Counsel for Parents’
Claims—Special Procedures and Time Limitations Applicable to
Appeals of Orders in Termination of Parental Rights
Proceedings Involving Ineffective Assistance of Counsel Claims.

(1) [NO CHANGE]

(2) Rendition. A motion claiming ineffective assistance
of counsel filed in accordance with Florida Rule of Juvenile
Procedure 8.530 shallwill toll rendition of the order terminating
parental rights under Florida Rule of Appellate Procedure 9.020
until the lower tribunal files a signed, written order on the motion,
except as provided by Florida Rules of Juvenile Procedure 8.530.

(3) [NO CHANGE]

(4) Ineffective Assistance of Counsel Motion Filed After
Commencement of Appeal. If an appeal is pending, a parent may file
a motion claiming ineffective assistance of counsel pursuant to
Florida Rule of Juvenile Procedure 8.530 if the filing occurs within
20 days of rendition of the order terminating parental rights.

(A) Stay of Appellate Proceeding. A parent or
counsel appointed pursuant to Florida Rule of Juvenile Procedure
8.530 shallmust file a notice of a timely filed, pending motion
claiming ineffective assistance of counsel. The notice automatically
stays the appeal until the lower tribunal renders an order disposing
of the motion.

(B) Supplemental Record; Transcripts of
Proceedings. The appellant shallmust file a second designation to
the court reporter, including the name(s) of the individual court
reporter(s). The appellant shallmust serve the designation on the

- 26 -
court reporter on the date of filing and shallmust state that the
appeal is from an order of termination of parental rights, and that
the court reporter shallmust provide the transcript of the hearing
on the motion claiming ineffective assistance of counsel within 20
days of the date of service. Within 20 days of the date of service of
the designation, the court reporter shallmust transcribe and file
with the clerk of the lower tribunal the transcript and sufficient
copies for all parties exempt from service by e-mail as set forth in
the Florida Rules of General Practice and Judicial Administration. If
extraordinary reasons prevent the reporter from preparing the
transcript within the 20 days, the reporter shallmust request an
extension of time, state the number of additional days requested,
and state the extraordinary reasons that would justify the
extension.

(C) Duties of the Clerk; Preparation and
Transmission of Supplemental Record. If the clerk of circuit court
has already transmitted the record on appeal of the order
terminating parental rights, the clerk shallmust automatically
supplement the record on appeal with any motion pursuant to
Florida Rule of Juvenile Procedure 8.530, the resulting order, and
the transcript from the hearing on the motion. The clerk shallmust
electronically transmit the supplement to the court and serve the
parties within 5 days of the filing of the order ruling on the motion,
or within 5 days of filing of the transcript from the hearing on the
motion by the designated court reporter, whichever is later.

Committee Notes
[NO CHANGE]

RULE 9.310. Stay Pending Review

(a) Application in Lower Tribunal. Except as provided by
general law and in subdivision (b) of this rule, a party seeking to
stay a final or nonfinal order pending review first shallmust file a
motion in the lower tribunal, which shall havehas continuing
jurisdiction, in its discretion, to grant, modify, or deny such relief. A

- 27 -
stay pending review may be conditioned on the posting of a good
and sufficient bond, other conditions, or both.

(b) Exceptions.

(1) [NO CHANGE]

(2) Public Bodies; Public Officers. The timely filing of a
notice shallwill automatically operate as a stay pending review,
except in criminal cases, in administrative actions under the
Administrative Procedure Act, or as otherwise provided by chapter
120, Florida Statutes, when the state, any public officer in an
official capacity, board, commission, or other public body seeks
review; provided that an automatic stay shallwill exist for 48 hours
after the filing of the notice of appeal for public records and public
meeting cases. On motion, the lower tribunal or the court may
extend a stay, impose any lawful conditions, or vacate the stay.

(c) Bond.

(1) Defined. A good and sufficient bond is a bond with a
principal and a surety company authorized to do business in the
State of Florida, or cash deposited in the circuit court clerk of the
lower tribunal’s office. The lower tribunal shallwill have continuing
jurisdiction to determine the actual sufficiency of any such bond.

(2) Conditions. The conditions of a bond shallmust
include a condition to pay or comply with the order in full,
including costs; interest; fees; and damages for delay, use,
detention, and depreciation of property, if the review is dismissed or
order affirmed; and may include such other conditions as may be
required by the lower tribunal.

(d) [NO CHANGE]

(e) Duration. A stay entered by a lower tribunal shallwill
remain in effect during the pendency of all review proceedings in
Florida courts until a mandate issues, or unless otherwise modified
or vacated.

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 (f) Review. A party may seek Rreview of a lower tribunal’s
orders entered by lower tribunals under this rule shall be by filing a
motion in the court on motion. The motion shallmust be filed as a
separate document.

Committee Notes

[NO CHANGE]

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