In Re: Amendment to Florida Rule of Appellate Procedure 9.140

Supreme Court of Florida
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No. SC2026-0073
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IN RE: AMENDMENT TO FLORIDA RULE OF APPELLATE
PROCEDURE 9.140.

March 5, 2026

PER CURIAM.

The Court, on its own motion, amends Florida Rule of

Appellate Procedure 9.140 (Appeal Proceedings in Criminal Cases)

to expressly state that a defendant, from a guilty or nolo contendere

plea, may appeal a preserved error in the sentencing process. 1

Rule 9.140(b)(2)(A) (Pleas) sets out the circumstances under

which a defendant may appeal from a guilty or nolo contendere

plea. Rule 9.140(b)(2)(A)(i) first specifies that “[a] defendant who

pleads guilty or nolo contendere may expressly reserve the right to

appeal a prior dispositive order of the lower tribunal, identifying

with particularity the point of law being reserved.” Rule

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(d).
9.140(b)(2)(A)(ii) then lists the appeals otherwise allowed when a

defendant pleads guilty or nolo contendere, including “a sentencing

error, if preserved.”

The First District Court of Appeal in a thoughtful opinion has

noted uncertainty over the application of rule 9.140(b)(2)(A)(ii) when

a defendant, after pleading guilty or nolo contendere, seeks to

appeal an error in the sentencing process. See Emerson v. State,

412 So. 3d 917 (Fla. 1st DCA 2025), review denied, No. SC2025-

0974, 2025 WL 3686361 (Fla. Dec. 19, 2025). We now expressly

enumerate “an error in the sentencing process, if preserved,” in the

rule’s list of appeals otherwise allowed.

The Court hereby amends the Florida Rules of Appellate

Procedure as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendment shall become effective June

1, 2026, at 12:01 a.m. Because the amendment was not published

for comment previously, interested persons shall have 75 days from

the date of this opinion in which to file comments with the Court. 2

2. All comments must be filed with the Court on or before May
19, 2026, as well as a separate request for oral argument if the

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It is so ordered.

MUÑIZ, C.J., and LABARGA, COURIEL, GROSSHANS, FRANCIS,
SASSO, and TANENBAUM, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THIS AMENDMENT.

Original Proceeding – Florida Rules of Appellate Procedure

person filing the comment wishes to participate in oral argument,
which may be scheduled in this case. If filed by an attorney in good
standing with The Florida Bar, the comment must be electronically
filed via the Florida Courts E-Filing Portal (Portal). If filed by a
nonlawyer or a lawyer not licensed to practice in Florida, the
comment may be, but is not required to be, filed via the Portal. Any
person unable to submit a comment electronically must mail or
hand-deliver the originally signed comment to the Florida Supreme
Court, Office of the Clerk, 500 South Duval Street, Tallahassee,
Florida 32399; no additional copies are required or will be accepted.

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APPENDIX

RULE 9.140. APPEAL PROCEEDINGS IN CRIMINAL CASES

(a) [No Change]

(b) Appeals by Defendant.

(1) [No Change]

(2) Guilty or Nolo Contendere Pleas.

(A) Pleas. A defendant may not appeal from a guilty
or nolo contendere plea except as follows:

(i) Reservation of Right to Appeal. A defendant
who pleads guilty or nolo contendere may expressly reserve the
right to appeal a prior dispositive order of the lower tribunal,
identifying with particularity the point of law being reserved.

(ii) Appeals Otherwise Allowed. A defendant
who pleads guilty or nolo contendere may otherwise directly appeal
only:

a. the lower tribunal’s lack of subject
matter jurisdiction;

b. a violation of the plea agreement, if
preserved by a motion to withdraw plea;

c. an involuntary plea, if preserved by a
motion to withdraw plea;

d. a sentencing error, if preserved; or

e. an error in the sentencing process, if
preserved; or

ef. as otherwise provided by law.

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(B) [No Change]

(3)-(4) [No Change]

(c)-(i) [No Change]

Committee Notes
[No Change]

Court Commentary
[No Change]

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