Appellate Practice Section of The Florida Bar

Rules Round Up, Florida Supreme Court amended rule 9.020 and 9.100

By Elaine Walter

On August 27, 2026, the Florida Supreme Court amended rule 9.020 and 9.100.  Rule 9.020 was amended at (e) to define “lower tribunal” as “[t]he court, judge, agency, officer, official, board, commission, or body whose order, action, or inaction is the subject of a proceeding under these rules.”  For rule 9.100, the requirement that a copy of the petition must be served on the official who issued the order that is the subject of the petition to its own new subdivision (b)(2). The Court also adopted a new subdivision (b)(4) that clarifies that no additional documents must be served on an official who is served under subdivision (b)(2) unless that individual elects to receive such documents by filing a notice of election to receive service.  Similarly, new subdivision (d)(1)(C) provides that the person issuing an order excluding or granting access to press or public By Emust also not be served with additional documents unless that individual files a notice of election to receive service.  These rules become effective on October 1, 2026.

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