Florida Supreme Court Opens Appellate Mediation to Certiorari Review of Local Government Decisions

On March 12, 2026, the Florida Supreme Court amended Florida Rule of Appellate Procedure 9.710, the rule that lists which appellate matters may never be sent to mediation ¹. The change is small in text but practical in effect: petitions seeking certiorari review of quasi-judicial decisions by local governments can now be referred to appellate mediation ¹. The amendment takes effect July 1, 2026, at 12:01 a.m. ¹.

What Changed

Rule 9.710 allows a court to refer any case to mediation at its discretion, except for listed categories ². One of those categories has been extraordinary writ petitions ². As amended, subdivision (b) now carves out petitions filed under rule 9.100(c)(2) from that prohibition ¹. The Court also deleted the reference to habeas corpus in subdivision (b) as superfluous ¹.

The other categories that cannot be referred remain: criminal and postconviction cases, civil or criminal contempt, involuntary civil commitments of sexually violent predators, collateral criminal cases, and other matters specified by administrative order ².

The amendment came from The Florida Bar’s Appellate Court Rules Committee, responding to a letter in which the Court asked the Committee to consider whether any subset of certiorari cases has unique justifications for referral to appellate mediation ². The Court published the proposal for comment, with comments due December 1, 2025 ². A supporting comment came from the Court’s Committee on Alternative Dispute Resolution Rules and Policy, and the Court adopted the amendment as proposed ¹.

Which Cases Are Affected

Rule 9.100(c)(2) governs certiorari petitions challenging quasi-judicial decisions made by local government agencies, boards and commissions, where general law provides no direct appeal from the decision ³. Those petitions must be filed within 30 days of rendition of the order under review ³.

These petitions challenge decisions that local boards and commissions make while acting in a quasi-judicial capacity, where no other route of appeal is provided by general law ³. Disputes of this kind can involve a property owner, neighbors and a local government, each with interests that a single up-or-down ruling on the petition may not fully address. A negotiated outcome, such as revised conditions on an approval, can sometimes resolve what a certiorari ruling cannot.

How Appellate Mediation Works

The appellate mediation rules reach every level of appellate review: the Supreme Court, the district courts of appeal, and circuit courts when they sit in an appellate capacity under rule 9.030(c) ³. Key features:

• Referral. The court may refer a case on its own motion or a party’s motion at any time, and a party’s motion must certify that the movant consulted the other side and state whether it objects ³.
• Timing. The first conference must begin within 45 days of referral, unless the parties agree to wait until briefing ends, and mediation must be completed within 30 days of the first conference, subject to court order ³.
• Tolling. Unless otherwise ordered, appellate deadlines are tolled from referral until mediation ends ³.
• Public entities. A public entity that must conduct business under chapter 286, Florida Statutes, appears through the physical presence of a representative with full authority to negotiate and to recommend settlement to the entity’s decision-making body ³.
• Mediator. Once a case is referred, the parties may stipulate to a certified appellate mediator, or the court will appoint one ³.

Practical Takeaways

The public entity rule deserves attention in these cases. Because a local government’s representative can only recommend a settlement to its governing body, any agreement will likely need a later public vote ³. Counsel should plan for that step, including the timing of the next available commission meeting, when proposing terms.

Counsel should also think about settlement before the petition is filed. The appellate rules do not stop parties from pursuing resolution with a mediator of their choosing before a referral order ³. With a 30-day filing window ³, early discussion with the local government’s attorney can help frame what a mediated outcome might look like.

For land use, code enforcement and other local government disputes still at the trial level or before a petition is filed, counsel can check Tony Roca’s live availability and book a mediation by Zoom statewide.