Florida Rules of Appellate Procedure
RULE 9.331 DETERMINATION OF CAUSES IN A DISTRICT COURT OF APPEAL EN BANC
(a) En Banc Proceedings: Generally. A majority
of the judges of a district court of appeal participating
may order that a proceeding pending before the court be
determined en banc. A district court of appeal en banc
shall consist of the judges in regular active service on
the court. En banc hearings and rehearings shall not be
ordered unless the case is of exceptional importance or
unless necessary to maintain uniformity in the court's
decisions. The en banc decision shall be by a majority
of the active judges actually participating
and voting
on the case. In the event of a tie vote, the panel decision
of the district court shall stand as the decision of the
court. If there is no panel decision,
a tie vote will affirm
the trial court decision.
(b) En Banc Proceedings by Divisions. If a district
court of appeal chooses to sit in subject-matter divisions
as approved by the Supreme Court, en banc determinations
shall be limited to those regular active judges
within the division to which the case is assigned, unless
the chief judge determines
that the case involves matters
of general application and that en banc determination
should be made by all regular active judges. However,
in the absence of such determination
by the chief judge,
the full court may determine by an affirmative
vote of
three-fifths of the active judges that the case involves
matters that should be heard and decided by the full
court, in which event en banc determination on the merits
of the case shall be made by an affirmative vote of a
majority of the regular active judges participating.
(c) Hearings En Banc. A hearing en banc may be
ordered only by a district court of appeal on its own
motion. A party may not request an en banc hearing. A
motion seeking the hearing shall be stricken.
(d) Rehearings En Banc.
(1) Generally. A rehearing en banc may be ordered by a district court of appeal on its own motion or on motion of a party. Within the time prescribed by rule 9.330, a party may move for an en banc rehearing solely on the grounds that the case is of exceptional importance or that such consideration is necessary to maintain uniformity in the court's decisions. A motion based on any other ground shall be stricken. A response may be served within 10 days of service of the motion. A vote will not be taken on the motion unless requested by a judge on the panel that heard the proceeding, or by any judge in regular active service on the court. Judges who did not sit on the panel are under no obligation to consider the motion unless a vote is requested.
(2) Required Statement for Rehearing En Banc. A rehearing en banc is an extraordinary proceeding. In every case the duty of counsel is discharged without filing a motion for rehearing en banc unless one of the grounds set forth in (1) is clearly met. If filed by an attorney, the motion shall contain either or both of the following statements:
I express a belief, based on a reasoned and studied professional judgment, that the panel decision is of exceptional importance.Or
I express a belief, based on a reasoned and studied professional judgment, that the panel decision is contrary to the following decision(s) of this court and that a consideration by the full court is necessary to maintain uniformity of decisions in this court (citing specifically the case or cases).
/s/ __________________________
Attorney for .....(name of party).....
.....(address and phone number).....
Florida Bar No. ....................
(3) Disposition of Motion for Rehearing En Banc. A motion for rehearing en banc shall be disposed of by order. If rehearing en banc is granted, the court may limit the issues to be reheard, require the filing of additional briefs, and may require additional argument.
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