RULE 9.160. DISCRETIONARY PROCEEDINGS TO REVIEW
DECISIONS OF COUNTY COURTS

(a) Applicability. This rule applies to those proceedings that
invoke the discretionary jurisdiction of the district courts of appeal
to review county court orders described in rule 9.030(b)(4).
(b) Commencement. Any appeal of a final order certified by
the county court to involve a question that may have statewide
application, and that is of great public importance or will affect the
uniform administration of justice, must be taken to the district
court of appeal. Jurisdiction of the district court of appeal under
this rule must be invoked by filing a notice and the order containing
certification with the clerk of the lower tribunal. The time for filing
the appeal will be the same as if the appeal were being taken to the
circuit court.

(c) Notice. The notice must be in substantially the form
prescribed by rule 9.900(a), except that such notice should refer to
the fact of certification. A conformed copy of the order or orders
designated in the notice of appeal must be attached to the notice
together with any order entered on a timely motion postponing
rendition of the order or orders appealed. The notice must be
accompanied by any required filing fee except as provided in rule
9.430 for proceedings by indigents.

(d) Method of Certification. The certification may be made
in the order subject to appeal or in any order disposing of a motion
that has postponed rendition as defined in rule 9.020(h). The
certification must include:

(1) findings of fact and conclusions of law; and

(2) a concise statement of the issue or issues that may
have statewide application, and that are of great public importance
or will affect the uniform administration of justice.

(e) Discretion.

(1) Any party may suggest that an order be certified as
involving a question that may have statewide application, and that
is of great public importance or will affect the uniform
administration of justice. However, the decision to certify will be
within the absolute discretion of the county court and may be made
by the county court on its own motion.
(2) The district court of appeal, in its absolute
discretion, will by order accept or reject jurisdiction. Until the entry
of such order, temporary jurisdiction will be in the district court of
appeal.

(f) Scope of Review.

(1) If the district court of appeal accepts the appeal, it
will decide all issues that would have been subject to appeal if the
appeal had been taken to the circuit court.

(2) If the district court of appeal declines to accept the
appeal, it must transfer the case together with the filing fee to the
circuit court that has appellate jurisdiction.

(g) Record. The record must be prepared and transmitted in
accord with rule 9.110(e).

(h) Briefs. The form of the briefs and the briefing schedule
will be in accord with rules 9.110(f), 9.210, and 9.220.

(i) Cross-Appeal. Cross-appeals will be permitted according
to the applicable rules only in those cases in which a cross-appeal
would have been authorized if the appeal had been taken to circuit
court.

(j) Applicability of Other Rules. All other matters
pertaining to the appeal will be governed by the rules that would be
applicable if the appeal had been taken to circuit court.

Committee Notes

1984 Amendment. This rule was added to implement the
amendments to sections 26.012 and 924.08 and the adoption of
section 34.195 by the 1984 Legislature. Section 34.195 authorizes
only the certification of final judgments, but section 924.08
authorizes the certification of non-final orders in criminal cases.
Therefore, this rule does not provide for appeals from non-final
orders in civil cases. Under the rationale of State v. Smith, 260 So.
2d 489 (Fla. 1972), the authority to provide for appeals from non-
final orders may rest in the supreme court rather than in the
legislature. However, in keeping with the spirit of the legislation, the
rule was drafted to permit certification of those non-final orders in
criminal cases that would otherwise be appealable to the circuit
court.

Sections 26.012 and 924.08 authorize only the certification of
orders deemed to be of great public importance. However, section
34.195 refers to the certification of questions in final judgments if
the question may have statewide application and is of great public
importance or affects the uniform administration of justice. The
committee concluded that any order certified to be of great public
importance might have statewide application and that any order
that would affect the uniform administration of justice would also
be of great public importance. Therefore, the additional statutory
language was deemed to be surplusage, and the rule refers only to
the requirement of certifying the order to be of great public
importance.

The district court of appeal may, in its discretion, decline to
accept the appeal, in which event it shall be transferred to the
appropriate circuit court for disposition in the ordinary manner.
Except as stated in the rule, the procedure shall be the same as
would be followed if the appeal were being taken to circuit court.
The rule does not authorize review of certified orders by common
law certiorari.

It is recommended that in those cases involving issues of great
public importance, parties should file suggestions for certification
before the entry of the order from which the appeal may be taken.
However, parties are not precluded from suggesting certification
following the entry of the order except that such suggestion, by
itself, will not postpone rendition as defined in rule 9.020(h).

1992 Amendment. Subdivision (c) was amended to require
that the appellant, except in criminal cases, attach to its notice of
appeal a conformed copy of any orders designated in the notice of
appeal, along with any orders on motions that postponed the
rendition of orders appealed.
2020 Note. Section 924.08, referred to in these Committee
Notes under the 1984 Amendment, was repealed, effective January
1, 2021.

2023 Amendment. The language in section 34.017(1), Florida
Statutes (1984), referred to as section 34.195, Florida Statutes, in
the 1984 Committee Note and characterized as surplusage, was
retained by the 2020 Legislature when it amended section 34.017,
Florida Statutes (2020), and repealed sections 26.012(1)(c) and
924.08, Florida Statutes. The present amendment conforms the
language of the rule to the existing statutory language.