Florida Appellate Rule 9.148
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.
(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
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.
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.
(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
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.