Supreme Court of Florida

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No. SC20-1129

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IN RE: AMENDMENTS TO FLORIDA RULE OF APPELLATE 

PROCEDURE 9.143.

January 6, 2022

PER CURIAM.

This matter is before the Court for consideration of proposed 

amendments to the Florida Rules of Appellate Procedure (Rules). 

See Fla. R. Gen. Prac. & Jud. Admin. 2.140(f)(1). We have 

jurisdiction.1

We asked The Florida Bar’s Appellate Court Rules Committee 

(Committee) to propose amendments to the Rules in light of the 

victims’ rights constitutional amendment known as Marsy’s Law. 

See art. I, § 16(b), Fla. Const. The Committee filed a report 

proposing new Florida Rule of Appellate Procedure 9.143 (Crime 

Victims). We published the proposal for comment and received two 

1. See art. V, § 2(a), Fla. Const.
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comments. The Committee revised its proposal to address those 

comments, and then the Committee and The Florida Bar Board of 

Governors unanimously approved the revised rule proposal.

After reviewing the initial proposal, considering the comments 

and response filed, and having had the benefit of oral argument, we 

adopt new rule 9.143, with certain modifications.

First, new subdivision (a) (Victim) defines “victim” for the 

purposes of this rule as set forth in article 1, section 16(e) of the 

Florida Constitution.

Next, new subdivision (b) (Record) defines the record on 

appeal, specifying that it includes “any filing by a victim or other 

authorized filer on the victim’s behalf made part of the court file in 

accordance with Florida Rule of General Practice and Judicial 

Administration 2.420(b)(1)(A).”

Additionally, we adopt new subdivision (c) with modifications. 

First, we revise the title of the subdivision from “Victim 

Participation” to “Assertion of Victim’s Rights.” Also, we modify the 

subdivision’s language to provide that “[a] victim seeking to invoke a 

right under article I, section 16, of the Florida Constitution may file 

a motion in the court in which the matter is pending.”
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Accordingly, the Florida Rules of Appellate Procedure are 

amended as reflected in the appendix to this opinion. New 

language is indicated by underscoring. The amendments shall take 

effect immediately upon release of this opinion.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, 

COURIEL, and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Appellate Procedure

Laura A. Roe, Chair, Appellate Court Rules Committee, St. 

Petersburg, Florida, Keith W. Upson, Vice Chair, Appellate Court 

Rules Committee, Naples, Florida, Honorable Stephanie Williams 

Ray, Past Chair, Appellate Court Rules Committee, Tallahassee, 

Florida, Joshua E. Doyle, Executive Director, and Krys Godwin, 

Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Honorable Carlos J. Martinez and John Eddy Morrison on behalf of 

the Florida Public Defender Association, Inc., Miami, Florida; and

Robert R. Berry, Tallahassee, Florida,

Responding with comments
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APPENDIX

RULE 9.143. CRIME VICTIMS

In all criminal and juvenile delinquency proceedings pursuant 

to these rules:

(a) Victim. For purposes of this rule a victim shall be 

defined as set forth in article I, section 16(e), Florida Constitution.

(b) Record. The record on appeal shall include any filing by 

a victim or other authorized filer on the victim’s behalf made part of 

the court file in accordance with Florida Rule of General Practice 

and Judicial Administration 2.420(b)(1)(A).

(c) Assertion of Victim’s Rights. A victim seeking to invoke 

a right under article I, section 16, of the Florida Constitution may 

file a motion in the court in which the matter is pending.

Committee Note 

2022 Adoption. This rule responds to the 2018 amendment of 

article I, section 16, Florida Constitution, and is not intended to 

confer party status on a victim.