Fla. R. App. P. 9.146

(a) Applicability. Appeal proceedings in juvenile dependency

and termination of parental rights cases and cases involving

families and children in need of services will be as in civil cases

except to the extent those rules are modified by this rule.

(b) Who May Appeal. Any child, any parent, guardian ad

litem, or any other party to the proceeding affected by an order of

the lower tribunal, or the appropriate state agency as provided by

law may appeal to the appropriate court within the time and in the

manner prescribed by these rules.

(c) Stay of Proceedings.

(1) Application. Except as provided by general law and

in subdivision (c)(2) of this rule, a party seeking to stay a final or

nonfinal order pending review must file a motion in the lower

tribunal, which has continuing jurisdiction, in its discretion, to

grant, modify, or deny such relief, after considering the welfare and

best interest of the child.

(2) Termination of Parental Rights. The taking of an

appeal will not operate as a stay in any case unless pursuant to an

order of the court or the lower tribunal, except that a termination of

parental rights order with placement of the child with a licensed

child-placing agency or the Department of Children and Families for

subsequent adoption will be suspended while the appeal is pending,

but the child will continue in custody under the order until the

appeal is decided.

(3) Review. A party may seek review of a lower

tribunal’s order entered under this rule by filing a motion in the

court.

(d) Retention of Jurisdiction. Transmission of the record to

the court does not remove the jurisdiction of the circuit court to

conduct judicial reviews or other proceedings related to the health

and welfare of the child pending appeal.

(e) References to Child or Parents. When the parent or

child is a party to the appeal, the appeal will be docketed and, with

the exception of transcripts, any documents filed in the court must

be titled with the initials, but not the name, of the child or parent

and the court case number. All references to the child or parent in

briefs, documents other than transcripts, and the decision of the

court must be by initials.

(f) Confidentiality. Filings will not be open to inspection

except by the parties and their counsel, or as otherwise ordered,

pursuant to Florida Rule of General Practice and Judicial

Administration 2.420.

(g) Special Procedures and Time Limitations Applicable

to Appeals of Final Orders in Dependency or Termination of

Parental Rights Proceedings.

(1) Applicability. This subdivision applies only to

appeals of final orders to the district courts of appeal.

(2) The Record.

(A) Contents. The record must be prepared in

accordance with rule 9.200, except as modified by this subdivision.

(B) Transcripts of Proceedings. The appellant must

file a designation to the court reporter, including the name(s) of the

individual court reporter(s), if applicable, with the notice of appeal.

The designation must be served on the court reporter on the date of

filing and must state that the appeal is from a final order of

termination of parental rights or of dependency, and that the court

reporter must provide the transcript(s) designated within 20 days of

the date of service. Within 20 days of the date of service of the

designation, the court reporter must transcribe and file with the

clerk of the lower tribunal the transcripts and sufficient copies for

all parties exempt from service by e-mail as set forth in Florida Rule

of General Practice and Judicial Administration 2.516. If

extraordinary reasons prevent the reporter from preparing the

transcript(s) within the 20 days, the reporter must request an

extension of time, must state the number of additional days

requested, and must state the extraordinary reasons that would

justify the extension.

(C) Directions to the Clerk, Duties of the Clerk,

Preparation and Transmission of the Record. The appellant must

file directions to the clerk of the lower tribunal with the notice of

appeal. The clerk of the lower tribunal must electronically transmit

the record to the court within 5 days of the date the court reporter

files the transcript(s) or, if a designation to the court reporter has

not been filed, within 5 days of the filing of the notice of appeal.

When the record is electronically transmitted to the court, the clerk

of the lower tribunal must simultaneously electronically transmit

the record to the Department of Children and Families, the

guardian ad litem, counsel appointed to represent any indigent

parties, and must simultaneously serve copies of the index to all

nonindigent parties, and, on their request, copies of the record or

portions thereof. The clerk of the lower tribunal must provide the

record in paper format to all parties exempt from electronic service

as set forth in the Florida Rules of General Practice and Judicial

Administration.

(3) Briefs.

(A) In General. Briefs must be prepared and filed

in accordance with rule 9.210(a)–(e), (g), and (h).

(B) Times for Service. The initial brief must be

served within 30 days of service of the record on appeal or the index

to the record on appeal. The answer brief must be served within 30

days of service of the initial brief. The reply brief, if any, must be

served within 15 days of the service of the answer brief. In any

appeal or cross-appeal, if more than 1 initial or answer brief is

authorized, the responsive brief must be served within 30 days after

the last initial brief or within 15 days after the last answer brief was

served. If the last authorized initial or answer brief is not served,

the responsive brief must be served within 30 days after the last

authorized initial brief or within 15 days after the last authorized

answer brief could have been timely served.

(4) Motions.

(A) Motions for Appointment of Appellate Counsel;

Authorization of Payment of Transcription Costs. A motion for the

appointment of appellate counsel, when authorized by general law,

and a motion for authorization of payment of transcription costs,

when appropriate, must be filed with the notice of appeal. The

motion and a copy of the notice of appeal must be served on the

presiding judge in the lower tribunal. The presiding judge must

promptly enter an order on the motion.

(B) Motions to Withdraw as Counsel. If appellate

counsel seeks leave to withdraw from representation of an indigent

parent, the motion to withdraw must be served on the parent and

must contain a certification that, after a conscientious review of the

record, the attorney has determined in good faith that there are no

meritorious grounds on which to base an appeal. The parent will be

permitted to file a brief pro se, or through subsequently retained

counsel, within 20 days of the issuance of an order granting the

motion to withdraw. Within 5 days of the issuance of an order

granting the motion to withdraw, appellate counsel must file a

notice with the court certifying that counsel has forwarded a copy of

the record and the transcript(s) of the proceedings to the parent or

that counsel is unable to forward a copy of the record and the

transcript(s) of the proceedings because counsel cannot locate the

parent after making diligent efforts.

(C) Motions for Extensions of Time. An extension

of time will be granted only for extraordinary circumstances in

which the extension is necessary to preserve the constitutional

rights of a party, or in which substantial evidence exists to

demonstrate that without the extension the child’s best interests

will be harmed. The extension will be limited to the number of days

necessary to preserve the rights of the party or the best interests of

the child. The motion must state that the appeal is from a final

order of termination of parental rights or of dependency, and must

set out the extraordinary circumstances that necessitate an

extension, the amount of time requested, and the effect an

extension will have on the progress of the case.

(5) Oral Argument. A request for oral argument must be

in a separate document served by a party not later than the time

when the first brief of that party is due.

(6) Rehearing; Rehearing En Banc; Clarification;

Certification; Issuance of Written Opinion. Motions for rehearing,

rehearing en banc, clarification, certification, and issuance of a

written opinion must be in accordance with rules 9.330 and 9.331,

except that no response to these motions is permitted unless

ordered by the court.

(7) The Mandate. The clerk of the court must issue

such mandate or process as may be directed by the court as soon

as practicable.

(h) Expedited Review. The court must give priority to

appeals under this rule.

(i) Ineffective Assistance of Counsel for Parents’

Claims—Special Procedures and Time Limitations Applicable to

Appeals of Orders in Termination of Parental Rights

Proceedings Involving Ineffective Assistance of Counsel Claims.

(1) Applicability. Subdivision (i) applies only to appeals

to the district courts of appeal of orders in termination of parental

rights proceedings involving a parent’s claims of ineffective

assistance of counsel.

(2) Rendition. A motion claiming ineffective assistance

of counsel filed in accordance with Florida Rule of Juvenile

Procedure 8.530 will toll rendition of the order terminating parental

rights under Florida Rule of Appellate Procedure 9.020 until the

lower tribunal files a signed, written order on the motion, except as

provided by Florida Rules of Juvenile Procedure 8.530.

(3) Scope of Review. Any appeal from an order denying

a motion alleging the ineffective assistance of counsel must be

raised and addressed within an appeal from the order terminating

parental rights.

(4) Ineffective Assistance of Counsel Motion Filed After

Commencement of Appeal. If an appeal is pending, a parent may file

a motion claiming ineffective assistance of counsel pursuant to

Florida Rule of Juvenile Procedure 8.530 if the filing occurs within

20 days of rendition of the order terminating parental rights.

(A) Stay of Appellate Proceeding. A parent or

counsel appointed pursuant to Florida Rule of Juvenile Procedure

8.530 must file a notice of a timely filed, pending motion claiming

ineffective assistance of counsel. The notice automatically stays the

appeal until the lower tribunal renders an order disposing of the

motion.

(B) Supplemental Record; Transcripts of

Proceedings. The appellant must file a second designation to the

court reporter, including the name(s) of the individual court

reporter(s). The appellant must serve the designation on the court

reporter on the date of filing and must state that the appeal is from

an order of termination of parental rights, and that the court

reporter must provide the transcript of the hearing on the motion

claiming ineffective assistance of counsel within 20 days of the date

of service. Within 20 days of the date of service of the designation,

the court reporter must transcribe and file with the clerk of the

lower tribunal the transcript and sufficient copies for all parties

exempt from service by e-mail as set forth in the Florida Rules of

General Practice and Judicial Administration. If extraordinary

reasons prevent the reporter from preparing the transcript within

the 20 days, the reporter must request an extension of time, state

the number of additional days requested, and state the

extraordinary reasons that would justify the extension.

(C) Duties of the Clerk; Preparation and

Transmission of Supplemental Record. If the clerk of circuit court

has already transmitted the record on appeal of the order

terminating parental rights, the clerk must automatically

supplement the record on appeal with any motion pursuant to

Florida Rule of Juvenile Procedure 8.530, the resulting order, and

the transcript from the hearing on the motion. The clerk must

electronically transmit the supplement to the court and serve the

parties within 5 days of the filing of the order ruling on the motion,

or within 5 days of filing of the transcript from the hearing on the

motion by the designated court reporter, whichever is later.