RULE 9.425. CONSTITUTIONAL CHALLENGE TO STATE STATUTE OR STATE CONSTITUTIONAL PROVISION
In cases not involving criminal or collateral criminal
proceedings, a party that files a petition, brief, written motion, or
other document drawing into question the constitutionality of a
state statute or state constitutional provision, at the time the
document is filed in the case, shall:
(a)
file a notice of constitutional question stating the
question and identifying the document that raises it; and
(b)
serve the notice and a copy of the petition, brief, written
motion, or other document, in compliance with rule 9.420, on the
attorney general.
Service of the petition, brief, written motion, or other
document does not require joinder of the attorney general as a party
to the action. Notice under this rule is not required if the attorney
general is a party, or counsel to a party, to a proceeding under
these rules.
Committee Notes
2020 Adoption. The rule applies in cases not involving
criminal or collateral criminal proceedings and provides procedural
guidance on notifying the Florida Attorney General of constitutional
challenges to state statutes or provisions of the state constitution as
the Florida Attorney General has the discretion to participate and
be heard on matters affecting the constitutionality of a state law.
This rule is similar to Florida Rule of Civil Procedure 1.071. See
form 9.900(m).
Source: Florida Rules of Appellate Procedure, effective September 4, 2025.
View the official rules: Florida Rules of Appellate Procedure — The Florida Bar (PDF)
Browse all Florida Appellate Rules
Rule Update: This rule is current through the Florida Supreme Court’s September 1, 2026 amendments (In re: Amendments to Florida Rules of Appellate Procedure, 434 So. 3d 978), which revised the Rule 9.900(c) nonfinal-order forms. Cox Law, PLLC reviews this page against each Supreme Court rules update.
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