Fla. R. App. P. 9.100
ORIGINAL PROCEEDINGS
Text — October 1, 2026 edition
(a) Applicability. This rule applies to those proceedings that invoke the jurisdiction of the courts described in rules 9.030(a)(3),
(b)(2), (b)(3), (c)(2), and (c)(3) for the issuance of writs of mandamus, prohibition, quo warranto, certiorari, and habeas corpus, and all writs necessary to the complete exercise of the courts’ jurisdiction; and for review of nonfinal administrative action.
(b) Commencement; Parties.
(1) Filing a Petition. The original jurisdiction of the court must be invoked by filing a petition with the clerk of the court having jurisdiction.
(2) Service of a Petition. If the petition seeks review of an order, the petition must be served on the person(s) that issued the order that is the subject of the petition.
(3) Parties to the Proceeding.
(A) If the petition seeks review of an order entered by a lower tribunal, all parties to the proceeding in the lower tribunal who are not named as petitioners will be named as respondents.
(B) If the original jurisdiction of the court is invoked to enforce a private right, the proceedings will not be brought on the relation of the state.
(C) The following persons must not be named as respondents to a petition:
(i) in petitions for certiorari, judges of lower tribunals;
(ii) in petitions for review of quasi-judicial action, individual members of agencies, boards, and commissions of local governments; and
(iii) for review of nonfinal agency action, officers presiding over administrative proceedings.
(4) Service After a Petition. Any person(s) who must be served with the petition under subdivision (b)(2), but who must not be named as a respondent under subdivision (b)(3)(C), must not be served with other documents filed in the proceeding, unless the person(s) files a notice of election to receive service. This subdivision does not preclude the court or the clerk from serving any document or order.
(c) Petitions for Certiorari; Review of Nonfinal Agency Action; Review of Prisoner Disciplinary Action. The following must be filed within 30 days of rendition of the order to be reviewed:
(1) a petition for certiorari;
(2) a petition to review quasi-judicial action of agencies, boards, and commissions of local government, which action is not directly appealable under any other provision of general law but may be subject to review by certiorari;
(3) a petition to review nonfinal agency action under the Administrative Procedure Act; or
(4) a petition challenging an order of the Department of Corrections entered in prisoner disciplinary proceedings.
(d) Orders Excluding or Granting Access to Press or Public.
(1) (A) A petition to review an order excluding the press or public from, or granting the press or public access to, any proceeding, any part of a proceeding, or any records of the judicial branch, must be filed in the court as soon as practicable following rendition of the order to be reviewed, if written, or announcement of the order to be reviewed, if oral, but no later than 30 days after rendition of the order.
(B) The petition must be served on the person (or chairperson of the collegial administrative agency) issuing the order, the parties to the proceeding, and any affected nonparties, as defined in Florida Rule of General Practice and Judicial Administration 2.420.
(C) The person (or chairperson of the collegial administrative agency) issuing the order must not be served with other documents filed in the proceeding, unless the person or chairperson files a notice of election to receive service. This subdivision does not preclude the court or the clerk from serving any document or order.
(2) The court must immediately consider the petition to determine whether a stay of proceedings in the lower tribunal or the order under review is appropriate and, on its own motion or that of any party, the court may order a stay on any conditions as may be appropriate. Any motion to stay an order granting access to a proceeding, any part of a proceeding, or any records of the judicial branch made under this subdivision must include a signed certification by the movant that the motion is made in good faith and is supported by a sound factual and legal basis. Pending the court’s ruling on the motion to stay, the clerk of the court and the lower tribunal must treat as confidential those proceedings or those records of the judicial branch that are the subject of the motion to stay.
(3) Review of orders under this subdivision must be expedited.
(e) Petitions for Writs of Mandamus and Prohibition Directed to a Judge or Lower Tribunal. When a petition for a writ of mandamus or prohibition seeks a writ directed to a judge or lower tribunal, the following procedures apply:
(1) Caption. The name of the judge or lower tribunal must be omitted from the caption. The caption must bear the name of the petitioner and other parties to the proceeding in the lower tribunal who are not petitioners must be named in the caption as respondents.
(2) Parties. The judge or the lower tribunal is a party to the petition for mandamus or prohibition and must be named as such in the body of the petition (but not in the caption).
(3) Service. The petition and all other documents filed in the proceeding must be served on all parties, including any judge or lower tribunal who is a party to the petition.
(4) Response. Following the issuance of an order under subdivision (h), the responsibility for responding to a petition is that of the litigant opposing the relief requested in the petition. Unless otherwise specifically ordered, the judge or lower tribunal has no obligation to file a response. The judge or lower tribunal retains the discretion to file a separate response should the judge or lower tribunal choose to do so. The absence of a separate response by the judge or lower tribunal will not be deemed to admit the allegations of the petition.
(f) Review Proceedings in Circuit Court.
(1) Applicability. The following additional requirements apply to those proceedings that invoke the jurisdiction of the circuit court described in rules 9.030(c)(2) and (c)(3) to the extent that the petition involves review of judicial or quasi-judicial action.
(2) Caption. The caption must contain a statement that the petition is filed under this subdivision.
(3) Duties of the Clerk of the Circuit Court. When a petition prescribed by this subdivision is filed, the clerk of the circuit court must forthwith transmit the petition to the administrative judge of the appellate division, or other appellate judge or judges as prescribed by administrative order, for a determination as to whether an order to show cause should be issued.
(4) Default. The clerk of the circuit court will not enter a default in a proceeding in which a petition has been filed under this subdivision.
(g) Petition. The petition must be accompanied by any required filing fee except as provided in rule 9.430 for proceedings by indigents. The caption must contain the name of the court and the name and designation of all parties on each side. The petition must not exceed 13,000 words if computer-generated or 50 pages if handwritten or typewritten and must contain:
(1) the basis for invoking the jurisdiction of the court;
(2) the facts on which the petitioner relies;
(3) the nature of the relief sought; and
(4) argument in support of the petition and appropriate citations of authority. If the petition seeks an order directed to a lower tribunal, the petition must be accompanied by an appendix as prescribed by rule 9.220, and the petition must contain references to the appropriate pages of the supporting appendix.
(h) Order to Show Cause. If the petition demonstrates a preliminary basis for relief, a departure from the essential requirements of law that will cause material injury for which there is no adequate remedy by appeal, or that review of final administrative action would not provide an adequate remedy, the court may issue an order either directing the respondent to show cause, within the time set by the court, why relief should not be granted or directing the respondent to otherwise file, within the time set by the court, a response to the petition. In prohibition proceedings, the issuance of an order directing the respondent to show cause will stay further proceedings in the lower tribunal.
(i) Record. A record must not be transmitted to the court unless ordered.
(j) Response. Within the time set by the court, the respondent may serve a response, which must not exceed 13,000 words if computer-generated or 50 pages if handwritten or typewritten and which must include argument in support of the response, appropriate citations of authority, and references to the appropriate pages of the supporting appendices.
(k) Reply. Within 30 days thereafter or such other time set by the court, the petitioner may serve a reply, which must not exceed 4,000 words if computer-generated or 15 pages if handwritten or typewritten, and supplemental appendix.
Notes and commentary — not rule text
Committee Notes
1977 Amendment. This rule replaces former rule 4.5, except that the procedures applicable to supreme court review of decisions of the district courts of appeal on writs of constitutional certiorari are set forth in rule 9.120; and supreme court direct review of administrative action on writs of certiorari is governed by rule 9.100. This rule governs proceedings invoking the supreme court’s jurisdiction to review an interlocutory order passing on a matter where, on final judgment, a direct appeal would lie in the supreme court. The procedures set forth in this rule implement the supreme court’s decision in Burnsed v. Seaboard Coastline R.R., 290 So. 2d 13 (Fla. 1974), that such interlocutory review rests solely within its discretionary certiorari jurisdiction under article V, section 3(b)(3), Florida Constitution, and that its jurisdiction would be exercised only when, on the peculiar circumstances of a particular case, the public interest required it. This rule abolishes the wasteful current practice in such cases of following the procedures governing appeals, with the supreme court treating such appeals as petitions for the writ of certiorari. This rule requires that these cases be prosecuted as petitions for the writ of certiorari. This rule also provides the procedures necessary to implement the Administrative Procedure Act, section 120.68(1), Florida Statutes (Supp. 1976), which provides for judicial review of non- final agency action “if review of the final agency decision would not provide an adequate remedy.” It was the opinion of the advisory committee that such a right of review is guaranteed by the statute and is not dependent on a court rule, because article V, section 4(b)(2), Florida Constitution provides for legislative grants of jurisdiction to the district courts to review administrative action without regard to the finality of that action. The advisory committee was also of the view that the right of review guaranteed by the statute is no broader than the generally available common law writ of certiorari, although the statutory remedy would prevent resort to an extraordinary writ. Subdivisions (b) and (c) set forth the procedure for commencing an extraordinary writ proceeding. The time for filing a petition for common law certiorari is jurisdictional. If common law certiorari is sought to review an order issued by a lower tribunal consisting of more than 1 person, a copy of the petition should be furnished to the chairperson of that tribunal. Subdivision (d) sets forth the procedure for appellate review of orders excluding the press or public from access to proceedings or records in the lower tribunal. It establishes an entirely new and independent means of review in the district courts, in recognition of the decision in English v. McCrary, 348 So. 2d 293 (Fla. 1977), to the effect that a writ of prohibition is not available as a means to obtain review of such orders. Copies of the notice must be served on all parties to the proceeding in the lower tribunal, as well as the person who, or the chairperson of the agency that, issued the order. No provision has been made for an automatic stay of proceedings, but the district court is directed to consider the appropriateness of a stay immediately on the notice being filed. Ordinarily an order excluding the press and public will be entered well in advance of the closed proceedings in the lower tribunal, so that there will be no interruption of the proceeding by reason of the appellate review. In the event a challenged order is entered immediately before or during the course of a proceeding and it appears that a disruption of the proceeding will be prejudicial to 1 or more parties, the reviewing court on its own motion or at the request of any party shall determine whether to enter a stay or to allow the lower tribunal to proceed pending review of the challenged order. See State ex rel. Miami Herald Publishing Co. v. McIntosh, 340 So. 2d 904, 911 (Fla. 1977). This new provision implements the “strict procedural safeguards” requirement laid down by the United States Supreme Court in National Socialist Party of America v. Village of Skokie, 432 U.S. 43, 97 S.Ct. 2205, 53 L.Ed.2d 96 (1977). In that case the Court held that state restraints imposed on activities protected by the First Amendment must be either immediately reviewable or subject to a stay pending review. Subdivision (e) sets forth the contents of the initial pleading. The party seeking relief must file a petition stating the authority by which the court has jurisdiction of the case, the relevant facts, the relief sought, and argument supported by citations of authority. This rule does not allow the petitioner to file a brief. Any argument or citations of authority that the petitioner desires to present to the court must be contained in the petition. This change in procedure is intended to eliminate the wasteful current practice of filing repetitive petitions and briefs. Under subdivision (g) no record is required to be filed unless the court so orders, but under subdivision (e) the petitioner must file an appendix to the petition containing conformed copies of the order to be reviewed and other relevant material, including portions of the record, if a record exists. The appendix should also contain any documents that support the allegations of fact contained in the petition. A lack of supporting documents may, of course, be considered by the court in exercising its discretion not to issue an order to show cause. Under subdivisions (f), (h), and (i), if the allegations of the petition, if true, would constitute grounds for relief, the court may exercise its discretion to issue an order requiring the respondent to show cause why the requested relief should not be granted. A single responsive pleading (without a brief) may then be served, accompanied by a supplemental appendix, within the time period set by the court in its order to show cause. The petitioner is then allowed 20 days to serve a reply and supplemental appendix, unless the court sets another time. It should be noted that the times for response and reply are computed by reference to service rather than filing. This practice is consistent throughout these rules except for initial, jurisdictional filings. The emphasis on service, of course, does not relieve counsel of the responsibility for filing original documents with the court as required by rule 9.420(b); it merely affects the time measurements. Except as provided automatically under subdivision (f), a stay pending resolution of the original proceeding may be obtained under rule 9.310. Transmittal of the record under order of the court under subdivision (g) shall be in accordance with the instructions and times set forth in the order.
Source of truth
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- October 1, 2026 edition
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