Amendments to the Florida Family Law Rules of Procedure

824 So. 2d 95, 27 Fla. L. Weekly Supp. 542, 2002 Fla. LEXIS 1154, 2002 WL 1066145
Supreme Court of Florida·Decided May 30, 2002·No. No. SC02-377·Published·Cited by 1 cases

Opinion

PER CURIAM.

The Family Law Rules Committee of The Florida Bar (Rules Committee) has filed an out-of-cycle petition to amend Florida Family Law Rule of Procedure 12.200, Case Management and Pretrial Conferences, and Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet. See Fla. R. Jud. Admin. 2.130(e). We have jurisdiction. See art. V, § 2(a), Fla. Const.

In 2001, the Florida Legislature enacted extensive revisions to the Florida Adoption Act, some of which require amendments to rule 12.200. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). The Rules Committee filed the instant petition on an out-of-cycle basis because the statutory revisions became effective October 1, 2001. See ch.2001-3, § 41, Laws of Fla. The Rules Committee also proposes amendments to Florida Family Law Rules of Procedure Form 12.902(e) based on 2001 amendments to section 61.30(11), Florida Statutes. See ch.2001-158, § 16, Laws of Fla. Pursuant to Florida Rule of Judicial Administration 2.130(e), the proposed changes were submitted to the Board of Governors of The Florida Bar for its recommendation. The Board unanimously approved the proposed changes.

After reviewing the proposed amendments, we adopt the proposed changes to rule 12.200, Case Management and Pretrial Conferences, as submitted and set forth in Appendix A of this opinion. The new language is indicated by underscoring; deletions are indicated by struck-through type.

We adopt the proposed amendments to form 12.902(e), Child Support Guidelines Worksheet, with the modifications explained below. The current child support guidelines worksheet contains instructions, the guidelines chart, and directions within the form. Also, the current worksheet contains a nonlawyer section as required by rule 10-2.1 of the Rules Regulating the Florida Bar. The proposed form deleted these items. Without the instructions and guidelines chart, the form is not helpful to pro se litigants. Since adopting the family law rules and forms in 1995, this Court has consistently made an effort to assist pro se litigants in family law cases by eliminating as much complexity as possible and drafting family law forms with instructional commentary and appendices. See In re Family Law Rules of Procedure, 663 So.2d 1047, 1048 (Fla.1995). This Court has emphasized that revisions should simplify the family law process for pro se litigants through the development of common sense rules and forms, understandable by both lawyers and pro se litigants alike. See Amendments to the Fla. Family Law Rules, 713 So.2d 1, 2 (Fla.1998)(“Our goal must be to simplify the process. Otherwise, we deny many citizens meaningful and affordable access to the courts, particularly when so many of them are self-represented.”). Based on these principles, we modify the proposed form to include the instructions, guidelines chart, directions within the form, and non-[96]*96lawyer section. We adopt the modified form as set forth in Appendix B of this opinion, engrossed and effective for immediate use. By approval of this form, we express no opinion as to its correctness or applicability, or on the substance of the new legislation.

Because the legislative revisions affecting rule 12.200 and form 12.902(e) are already in effect, the amendments to the rule and form shall become effective immediately. Although the amendments are effective immediately, interested parties shall have until July 29, 2002, in which to file comments regarding these amendments.

This opinion and the form discussed herein may be accessed and downloaded from this Court’s website at www. flcourts.org.

Our thanks to the Rules Committee for their insight and commitment to improving the Florida Family Law Rules of Procedure and forms.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.

APPENDIX A

RULE 12.200. CASE MANAGEMENT AND PRETRIAL CONFERENCES

(a) Case Management Conference.

(1)Family Law Proceedings, Generally. A case management conference may be ordered by the court at any time on the court’s initiative. A party may request a case management conference 30 days after service of a petition or complaint. At such a conference the court may:

(A) schedule or reschedule the service of motions, pleadings, and other papers;
(B) set or reset the time of trials, subject to rule 12.440;
(C) coordinate the progress of the action if complex litigation factors are present;
(D) limit, schedule, order, or expedite discovery;
(E) schedule disclosure of expert witnesses and the discovery of facts known and opinions held by such experts;
(F) schedule or hear motions related to admission or exclusion of evidence;
(G) pursue the possibilities of settlement;
(H) require filing of preliminary stipulations if issues can be narrowed;
(I) refer issues to a master for findings of fact, if consent is obtained as provided in rules 12.490 and 12.492 and if no significant history of domestic or repeat violence that would compromise the process is involved in the case;
(J) refer the parties to mediation if no significant history of domestic or repeat violence that would compromise the mediation process is involved in the case and consider allocation of expenses related to the referral; or refer the parties to counseling if no significant history of domestic or repeat violence that would compromise the process is involved in the case and consider allocation of expenses related to the referral;
(K) coordinate voluntary binding arbitration consistent with Florida law if no significant history of domestic or repeat violence that would compromise the process is involved in the case;
(L) appoint court experts and allocate the expenses for the appointments;
[97]*97(M) refer the cause for a home study or psychological evaluation and allocate the initial expense for that study;
(N) appoint an attorney or guardian ad litem for a minor child or children if required and allocate the expense of the appointment; and
(O) schedule other conferences or determine other matters that may aid in the disposition of the action.

(2)Adoption Proceedings. A case management conference shall be ordered by the court within 60 days of the filing of a petition when

(A) there is a request for a waiver of consent to an adoptiona termination of parental rights by those persons required to consent by section 63.062, Florida Statutes;
(B) notice of the hearing on the petition to adeptterminate parental rights pending adoption is not being afforded a person whose consent is required but who has not consented;
(C) there is an objection to venue, which was made after the waiver of venue was signed;

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Amendments to the Florida Family Law Rules of Procedure, 824 So. 2d 95, 27 Fla. L. Weekly Supp. 542, 2002 Fla. LEXIS 1154, 2002 WL 1066145 (Fla. 2002).

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