In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928

CourtSupreme Court of Florida
DecidedFebruary 22, 2024
DocketSC2024-0072
StatusPublished

This text of In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928 (In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928, (Fla. 2024).

Opinion

Supreme Court of Florida ____________

No. SC2024-0072 ____________

IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE – FORMS 12.900(h) AND 12.928.

February 22, 2024

PER CURIAM.

This matter is before the Court for consideration of proposed

amendments to the Florida Family Law Rules of Procedure Forms.

We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R.

Gen. Prac. & Jud. Admin. 2.140(e).

The Florida Bar’s Family Law Rules Committee has filed a fast-

track report proposing amendments to forms 12.900(h) (Notice of

Related Cases) and 12.928 (Cover Sheet for Family Court Cases) in

response to recent legislation creating section 61.1255, Florida

Statutes. See ch. 2023-213, § 1, Laws of Fla. The Board of

Governors of The Florida Bar unanimously recommends adopting

the proposed amendments. The Committee did not publish the

proposals for comment before filing them with the Court. Chapter 2023-213, section 1, Laws of Florida, created section

61.1255, Florida Statutes, which established procedures and

guidelines for obtaining support for dependent adult children. The

Committee proposes amending forms 12.900(h) and 12.928 to add

“Support for Dependent Adult Children” to the types of proceedings

in each of these forms. Having considered the Committee’s report

and the relevant legislation, we hereby amend the forms as

proposed by the Committee.

Accordingly, the Florida Family Law Rules of Procedure Forms

are amended as reflected in the appendix to this opinion, with the

forms fully engrossed and ready for use. The forms may be

accessed and downloaded from the Florida State Courts’ website at

http://www.flcourts.org/resources-and-services/court-

improvement/family-courts/family-law-forms.stml. The

amendments shall take effect immediately upon the release of this

opinion. Because the amendments were not published for comment

prior to their adoption, interested persons shall have 75 days from

the date of this opinion in which to file comments with the Court. 1

1. All comments must be filed with the Court on or before May 7, 2024, as well as a separate request for oral argument if the

-2- It is so ordered.

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

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Hon. Howard Ogle McGillin, Jr., Chair, Family Law Rules Committee, St. Augustine, Florida, Joshua E. Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, and Kelly N. Smith, Staff Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

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 32399-1927.

-3- APPENDIX INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(h), NOTICE OF RELATED CASES (02/24)

When should this form be used?

Florida Rule of General Practice and Judicial Administration 2.545(d) requires the petitioner in a family law case to file with the court a notice of related cases, if any. Your circuit may also require this form to be filed even if there are no related cases. A case is considered related if:

• it involves the same parties, children, or issues and is pending when the family law case is filed; or • it affects the court’s jurisdiction to proceed; or • an order in the related case may conflict with an order on the same issues in the new case; or • an order in the new case may conflict with an order in the earlier case.

This form is used to provide the required notice to the court.

This form should be typed or printed in black ink. It must be filed with the clerk of the circuit court with the initial pleading in the family law case.

What should I do next?

A copy of the form must be served on the presiding judge, either the chief judge or the family law administrative judge, and all parties in the related cases. You should also keep a copy for your records. Service must be in accordance with Florida Rule of General Practice and Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in ”bold and underline” in these instructions are defined there. For further information, see Florida Rule of General Practice and Judicial Administration 2.545(d).

Special notes . . . Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms must also put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Instructions for Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (02/24)

-4- IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: Division:

_____________________________, Petitioner, and

_____________________________, Respondent.

NOTICE OF RELATED CASES 1. Petitioner submits this Notice of Related Cases as required by Florida Rule of General Practice and Judicial Administration 2.545(d). A related case may be an open or closed civil, criminal, guardianship, domestic violence, juvenile delinquency, juvenile dependency, or domestic relations case. A case is “related” to this family law case if it involves any of the same parties, children, or issues and it is pending at the time the party files a family case; if it affects the court’s jurisdiction to proceed; if an order in the related case may conflict with an order on the same issues in the new case; or if an order in the new case may conflict with an order in the earlier litigation.

[check one only] ____ There are no related cases. ____ The following are the related cases (add additional pages if necessary):

Related Case No. 1 Case Name(s): _____________________________________________________________________ Petitioner ________________________________________________________________________ Respondent _______________________________________________________________________ Case No.: _________________________________ Division: ________________________________

Type of Proceeding: [check all that apply] ____ Dissolution of Marriage ____ Paternity ____ Custody ____ Adoption ____ Child Support ____ Support for Dependent Adult Children ____ Modification/Enforcement/Contempt Proceedings ____ Juvenile Dependency ____ Juvenile Delinquency ____ Termination of Parental Rights ____ Criminal ____ Domestic/Sexual/Dating/Repeat ____ Mental Health ____ Violence or Stalking Injunctions ____ Other {specify} ___________________________

State where case was decided or is pending: ____ Florida ____ Other: {specify} _________________

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In Re: Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-florida-family-law-rules-of-procedure-forms-fla-2024.