RULE 9.120. DISCRETIONARY PROCEEDINGS TO REVIEW
DECISIONS OF DISTRICT COURTS OF APPEAL

(a) Applicability. This rule applies to those proceedings that
invoke the discretionary jurisdiction of the supreme court described
in rule 9.030(a)(2)(A).

(b) Commencement. The jurisdiction of the supreme court
described in rule 9.030(a)(2)(A) must be invoked by filing a notice
with the clerk of the district court of appeal within 30 days of
rendition of the order to be reviewed.

(c) Notice. The notice must be substantially in the form
prescribed by rule 9.900. The caption must contain the name of the
lower tribunal, the name and designation of at least 1 party on each
side, and the case number in the lower tribunal. The notice must
contain the date of rendition of the order to be reviewed and the
basis for invoking the jurisdiction of the supreme court. The notice
must be accompanied by any required filing fee except as provided
in rule 9.430 for proceedings by indigents.

(d) Briefs on Jurisdiction. The petitioner’s brief, with the
argument section limited solely to the issue of the supreme court’s
jurisdiction, and accompanied by an appendix containing only a
conformed copy of the decision of the district court of appeal, must
be served within 10 days of the filing of the notice to invoke the
court’s discretionary jurisdiction. The respondent’s brief on
jurisdiction must be served within 30 days after service of
petitioner’s brief. Formal requirements for both briefs are specified
in rule 9.210. No reply brief will be permitted.

(e) Accepting or Postponing Decision on Jurisdiction;
Record. If the supreme court accepts or postpones decision on
jurisdiction, the court will so order and advise the parties and the
clerk of the district court of appeal. Within 25 days thereafter or
such other time set by the court, the clerk of the district court of
appeal must electronically transmit the record. The clerk of the
district court of appeal must transmit separate Portable Document
Format (“PDF”) files of:
(1) the contents of the record as described in rule
9.200(a) and (c);

(2) the transcript as described in rule 9.200(b); and

(3) the documents filed in the district court in the
record on appeal format described in rule 9.200(d)(1).

(f) Additional Issues on Review or Cross-Review. As
specified in rule 9.210, if the petitioner or respondent intends to
raise issues for review in the supreme court independent of those
on which jurisdiction is based, the petitioner or respondent must
identify those issues in the statement of the issues included in their
brief on jurisdiction.

(g) Briefs on Merits. Within 35 days of rendition of the
order accepting or postponing decision on jurisdiction, the
petitioner must serve the initial brief on the merits. Additional
briefs, including any briefs on cross-review, must be served as
prescribed by rule 9.210.

Committee Notes

1977 Amendment. This rule replaces former rule 4.5(c) and
governs all certiorari proceedings to review final decisions of the
district courts. Certiorari proceedings to review interlocutory orders
of the district courts if supreme court jurisdiction exists under
article V, section 3(b)(3), Florida Constitution are governed by rule
9.100.

Subdivision (b) sets forth the manner in which certiorari
proceedings in the supreme court are to be commenced. Petitions
for the writ are abolished and replaced by a simple notice to be
followed by briefs. Two copies of the notice, which must
substantially comply with the form approved by the supreme court,
are to be filed with the clerk of the district court within 30 days of
rendition along with the requisite fees. Failure to timely file the fees
is not jurisdictional.
Subdivision (c) sets forth the contents of the notice. The
requirement that the notice state the date of rendition, as defined in
rule 9.020, is intended to permit the clerk of the court to determine
timeliness from the face of the notice. The statement of the basis for
jurisdiction should be a concise reference to whether the order
sought to be reviewed (1) conflicts with other Florida appellate
decisions; (2) affects a class of constitutional or state officers; or (3)
involves a question of great public interest certified by the district
court.

Subdivision (d) establishes the time for filing jurisdictional
briefs and prescribes their content. If supreme court jurisdiction is
based on certification of a question of great public interest, no
jurisdictional briefs are permitted. Briefs on the merits in such
cases are to be prepared in the same manner as in other cases.
Briefs on the merits are to be served within the time provided after
the court has ruled that it will accept jurisdiction or has ruled that
it will postpone decision on jurisdiction.

The jurisdictional brief should be a short, concise statement of
the grounds for invoking jurisdiction and the necessary facts. It is
not appropriate to argue the merits of the substantive issues
involved in the case or discuss any matters not relevant to the
threshold jurisdictional issue. The petitioner may wish to include a
very short statement of why the supreme court should exercise its
discretion and entertain the case on the merits if it finds it does
have certiorari jurisdiction. An appendix must be filed containing a
conformed copy of the decision of the district court. If the decision
of the district court was without opinion, or otherwise does not set
forth the basis of decision with sufficient clarity to enable the
supreme court to determine whether grounds for jurisdiction exist,
a conformed copy of the order of the trial court should also be
included in the appendix.

Subdivisions (e) and (f) provide that within 60 days of the date
of the order accepting jurisdiction, or postponing decision on
jurisdiction, the clerk of the district court must transmit the record
to the court. The petitioner has 20 days from the date of the order
to serve the initial brief on the merits. Other briefs may then be
served in accordance with rule 9.210. Briefs that are served must
be filed in accordance with rule 9.420.

It should be noted that the automatic stay provided by former
rule 4.5(c)(6) has been abolished because it encouraged the filing of
frivolous petitions and was regularly abused. A stay pending review
may be obtained under rule 9.310. If a stay has been ordered
pending appeal to a district court, it remains effective under rule
9.310(e) unless the mandate issues or the district court vacates it.
The advisory committee was of the view that the district courts
should permit such stays only when essential. Factors to be
considered are the likelihood that jurisdiction will be accepted by
the supreme court, the likelihood of ultimate success on the merits,
the likelihood of harm if no stay is granted, and the remediable
quality of any such harm.

1980 Amendment. The rule has been amended to reflect the
1980 revisions to article V, section 3, Florida Constitution creating
the additional categories of certifications by the district courts to
the supreme court enumerated in rule 9.030(a)(2)(A).

District court decisions that (a) expressly declare valid a state
statute, (b) expressly construe a provision of the state or federal
constitution, (c) expressly affect a class of constitutional or state
officers, (d) expressly and directly conflict with a decision of another
district court or the supreme court on the same point of law, (e)
pass upon a question certified to be of great public importance, or
(f) are certified to be in direct conflict with decisions of other district
courts, are reviewed according to the procedures set forth in this
rule. No jurisdictional briefs are permitted if jurisdiction is based on
certification of a question of great public importance or certification
that the decision is in direct conflict with a decision of another
district court.

The mandatory appendix must contain a copy of the district
court decision sought to be reviewed and should be prepared in
accordance with rule 9.220.
Supreme court review of trial court orders and judgments
certified by the district court under rule 9.030(a)(2)(B) is governed
by the procedures set forth in rule 9.125.

Reply briefs from petitioners are prohibited, and the court will
decide whether to accept the case for review solely on the basis of
petitioner’s initial and respondent’s responsive jurisdictional briefs.

1992 Amendment. Subdivision (d) was amended to provide
that jurisdictional briefs must conform to the same requirements
set forth in rule 9.210.