Fla. R. Civ. P. 1.071

Constitutional Challenge to State Statute or Charter/Ordinance/Franchise; Notice by Party

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RULE 1.071. 	CONSTITUTIONAL CHALLENGE TO STATE
STATUTE OR COUNTY OR MUNICIPAL
CHARTER, ORDINANCE, OR FRANCHISE;
NOTICE BY PARTY
A party that files a pleading, written motion, or other
document drawing into question the constitutionality of a state
statute or a county or municipal charter, ordinance, or franchise
must promptly
(a) 	file a notice of constitutional question stating the
question and identifying the document that raises it; and
(b) 	serve the notice and the pleading, written motion, or
other document drawing into question the constitutionality of a
state statute or a county or municipal charter, ordinance, or
franchise on the Attorney General or the state attorney of the
judicial circuit in which the action is pending, by either certified or
registered mail.
Service of the notice and pleading, written motion, or other
document does not require joinder of the Attorney General or the
state attorney as a party to the action.

Committee Notes
2010 Adoption. This rule clarifies that, with respect to
challenges to a state statute or municipal charter, ordinance, or
franchise, service of the notice does not require joinder of the
Attorney General or the state attorney as a party to the action;
however, consistent with section 86.091, Florida Statutes, the
Florida Attorney General has the discretion to participate and be
heard on matters affecting the constitutionality of a statute. See,
e.g., Mayo v. National Truck Brokers, Inc., 220 So. 2d 11 (Fla. 1969);
State ex rel. Shevin v. Kerwin, 279 So. 2d 836 (Fla. 1973) (Attorney
General may choose to participate in appeal even though he was
not required to be a party at the trial court). The rule imposes a new
requirement that the party challenging the statute, charter,
ordinance, or franchise file verification with the court of compliance
with section 86.091, Florida Statutes. See form 1.975.

Verbatim from the official publication; the only normalization is removal of the publisher's page headers. Verify against the official source for filing-critical use — court publications change without notice.