In Re: Amendments to Florida Supreme Court Approved Family Law Form 12.915

• Court: Supreme Court of Florida
• Decided: August 24, 2023
• Docket: SC2023-0916
• Status: Published

Opinion

Supreme Court of Florida ____________

No. SC2023-0916 ____________

IN RE: AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.915.

August 24, 2023

PER CURIAM.

Pursuant to the procedures approved in Amendments to the

Florida Family Law Rules of Procedure & Family Law Forms, 810 So.

2d 1, 13-14 (Fla. 2000), this Court has internally reviewed the

Florida Supreme Court Approved Family Law Forms and has

determined that amendments to form 12.915 (Designation of

Current Mailing and E-Mail Address) are needed.1 Input was

received from the Advisory Workgroup on the Florida Supreme

Court Approved Family Law Forms, which provided valuable

assistance.

This Court approved changes to Florida Rule of General

Practice and Judicial Administration 2.516 (Service of Pleadings

1. We have jurisdiction. See art. V, § 2(a), Fla. Const. and Documents) in In re Amendments to Florida Rules of Civil

Procedure, Florida Rules of General Practice & Judicial

Administration, Florida Rules of Criminal Procedure, Florida Probate

Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, &

Florida Rules of Appellate Procedure, 346 So. 3d 1105 (Fla. 2022).

Those amendments to rule 2.516 require non-represented parties to

participate in e-mail service unless in custody or excused after

declaring a lack of e-mail account or regular internet access. Any

party not represented by an attorney must now provide a

designation of primary e-mail address and can also provide two

secondary e-mail addresses unless the party is in custody or

exempted by the court. The approved form is amended to reflect

that e-mail service for non-represented parties is required unless

excused by the clerk of court and provides space for the designation

of a primary e-mail address and secondary e-mail addresses. The

approved form is also amended to remove the notarization

requirement.

The amended form is hereby adopted as set forth in the

appendix to this opinion, fully engrossed. The amended form shall

become effective immediately upon the release of this opinion and

-2- may be accessed and downloaded from the Florida State Courts’

website at https://www.flcourts.gov/Resources-Services/Office-of-

Family-Courts/Family-Court-in-Florida/Family-Law-Forms. We

direct that the amended form be published for comment. Interested

persons shall have seventy-five days from the date of this opinion to

file comments with the Court.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

2. All comments must be filed with the Court on or before November 7, 2023, as well as a separate request for oral argument if the 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; no additional copies are required or will be accepted.

-3- APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.915 DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (08/23)

When should this form be used?

This form should be used to inform the clerk and the other party of your current mailing and e-mail address(es) or any change of address. It is very important that the court and the other party in your case have your correct address.

A party not represented by an attorney is required to designate a primary e-mail address for service unless excused pursuant to Florida Rule of General Practice and Judicial Administration 2.516(b)(1)(D). A primary and up to two secondary e-mail addresses can be designated. If you do so and the other party is represented by an attorney or has also designated e-mail address(es) for service, e-mail will be the exclusive means of service.

If there is any change in your mailing or e-mail address(es), you must complete a new form, file it with the clerk, and serve a copy on any other party or parties in your case.

What should I do next?

This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records. A copy of this form must be served on any other party in your case. Service must be in accordance with Florida Rule of General Practice and Judicial Administration 2.516.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of General Practice and Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of General Practice and Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.

Instructions for Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address (08/23) -4- IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of General Practice and Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e- mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of General Practice and Judicial Administration and you must review Florida Rule of General Practice and Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of General Practice and Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MUST SERVE DOCUMENTS BY E-MAIL UNLESS EXCUSED BY THE CLERK. If a self-represented litigant has been excused from serving documents by e-mail and then elects to serve and receive documents by e-mail, the procedures must always be followed once that election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and 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 underline in these instructions are defined there.

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 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 also must 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 Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address (08/23) -5- IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: Division: , Petitioner,

and

, Respondent.

DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS

I, {full legal name}, _________________________________________, certify that:

MAILING ADDRESS:

My current mailing address is: {Street or Post Office Box} _________________________________________________________ {Apartment, lot, etc.} _____________________________________________________________ {City}, ___________________________________, {State}, _____________, {Zip}_____________. {Telephone No.} ___________________________ {Fax No.} ______________________.

E-MAIL ADDRESS: The following is/are my e-mail address(es) for purposes of serving and receiving documents: Primary e-mail address: ___________________________________________________________________________ Secondary e-mail address No.1: ___________________________________________________________________________ Secondary e-mail address No. 2: ___________________________________________________________________________

Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address (08/23) -6- I understand that I must keep the clerk’s office and the opposing party or parties notified of my current mailing and e-mail address(es) and that all future papers in this lawsuit will be served at the address(es) on record at the clerk’s office. I certify that a copy of this document was [check all used] ( ) e-mailed ( ) mailed ( ) faxed ( ) hand-delivered to the person(s) listed below on {date}__________________________.

Other party or his/her attorney: Name: Address: City, State, Zip: Telephone Number: Fax Number: E-mail Address(es):

I HAVE READ EVERY STATEMENT MADE IN THIS DOCUMENT AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS DOCUMENT ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

_______________________________ Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: Designated E-Mail Address(es): ____________________ _____________________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} _____ Petitioner _____ Respondent This form was completed with the assistance of: {name of individual} ______________________________________________________________, {name of business} _______________________________________________________________, {street} ______________________________________________, {city} ____________,{state} ___, {zip code}______,{telephone number}___________________

Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address (08/23) -7-