In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

CourtSupreme Court of Florida
DecidedNovember 12, 2020
DocketSC20-162
StatusPublished

This text of In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report (In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report) 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.

Bluebook
In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report, (Fla. 2020).

Opinion

Supreme Court of Florida ____________

No. SC20-162 ____________

IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE—2020 REGULAR-CYCLE REPORT.

November 12, 2020

PER CURIAM.

We have for consideration the regular-cycle report of The Florida Bar’s

Family Law Rules Committee (Committee) proposing amendments to the Florida

Family Law Rules of Procedure (Rules). See Fla. R. Jud. Admin. 2.140(b).1 We

have jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

The Committee proposes amendments to rules 12.060 (Transfers of

Actions), 12.070 (Process), 12.285 (Mandatory Disclosure), 12.350 (Production of

Documents and Things and Entry on Land for Inspection and Other Purposes),

1. The Committee filed its report prior to the effective date of the amendments adopted in In re Amendments to Florida Rule of Judicial Administration 2.140, 289 So. 3d 1264 (Fla. 2020), which “[did] away with the set schedule for rules committee reports.” Id. at 1264. 12.410 (Subpoena), 12.491 (Child Support Enforcement), and forms 12.900(b)

(Notice of Limited Appearance), 12.900(c) (Consent to Limited Appearance by

Attorney), 12.900(d) (Termination of Limited Appearance), 12.900(e)

(Acknowledgement of Assistance by Attorney), 12.900(g) (Agreement Limiting

Representation), 12.902(b) (Family Law Financial Affidavit (Short Form)),

12.902(c) (Family Law Financial Affidavit (Long Form)), 12.902(e) (Child

Support Guidelines Worksheet), 12.902(f)(3) (Marital Settlement Agreement for

Simplified Dissolution of Marriage), 12.910(a) (Summons: Personal Service on an

Individual), 12.913(b) (Affidavit of Diligent Search and Inquiry), 12.913(c)

(Affidavit of Diligent Search), 12.921 (Notice of Hearing (Child Support

Enforcement Hearing Officer)), 12.928 (Cover Sheet for Family Court Cases),

12.930(a) (Notice of Service of Standard Family Law Interrogatories), 12.930(b)

(Standard Family Law Interrogatories for Original or Enforcement Proceedings),

12.930(c) (Standard Family Law Interrogatories for Modification Proceedings),

12.932 (Certificate of Compliance with Mandatory Disclosure), 12.984(b)

(Response by Parenting Coordinator), 12.984(c) (Parenting Coordinator Report of

an Emergency), 12.996(b) (Notice to Payor), and 12.996(c) (Notice of Filing

Return Receipt). The Committee also proposes new forms 12.975(a) (Petition for

Grandparent Visitation with Minor Child(ren)) and 12.975(b) (Order on

-2- Grandparent’s Petition for Visitation with Minor Child(ren)). The Board of

Governors of The Florida Bar unanimously approved the proposals.

The Committee published the proposals for comment before filing them with

the Court and received two comments. In response to one of the comments, the

Committee revised several of the proposed rule and form amendments. After the

Committee filed its report, the Court published the proposals for comment. The

Court received one comment.

Upon consideration of the Committee’s report and the comments, we adopt

the amendments to the Florida Family Law Rules of Procedure as proposed, with

minor modifications. We discuss the more significant amendments below.

AMENDMENTS

First, we amend rule 12.060 (Transfers of Actions) to harmonize it with

Florida Rule of Civil Procedure 1.060 (Transfers of Actions) by making dismissal

of an action mandatory if the service fee is not paid within thirty days of

commencing the action.

Next, we amend subdivisions (b)(1)(A) and (b)(1)(B) of rule 12.285

(Mandatory Disclosure) to clarify the service requirements and provide greater

specificity as to when required documents must be served on the other party. Also,

we make several amendments throughout subdivisions (d) (Disclosure

Requirements for Temporary Financial Relief) and (e) (Parties’ Disclosure

-3- Requirements for Initial or Supplemental Proceedings) of rule 12.285 that increase

the time period for which various documents must be produced, provide greater

specification as to what documents should be produced, and expand the types of

documents that should be produced. In addition to providing a better

understanding of the parties’ financial situations, these amendments will increase

fairness and disclosure. For example, subdivision (d)(2) will now require that

three years of tax returns be produced, and subdivisions (d)(4) and (e)(4) will

require six months of pay stubs. Additionally, credit reports and any other form of

financial disclosure are added to the types of documents that must be produced

under subdivision (e)(6). Also, new subdivision (e)(11) is added to require

disclosure of virtual currency transactions or holdings, and the remainder of

subdivision (e) is renumbered accordingly.

Also, we amend rule 12.491 (Child Support Enforcement) by adding new

subdivisions (e)(1)(A), which provides the required language that must be included

in notices and orders regarding the procedure for a motion to vacate, and (e)(1)(B),

which requires that notices and orders state whether electronic recording or court

reporting is provided by the court or whether the court reporter would be at a

party’s expense. Additionally, a sentence is added to subdivision (f) that requires a

recommended order to include the name and address of the court reporter, if

-4- present, as well as information on how a litigant can obtain a recording of the

hearing.

Next, we add new sections regarding e-filing and e-service election, which

have previously been added to the Florida Supreme Court Approved Forms, 2 to all

of the instructions in the forms listed above, with the exception of form 12.900(g)

(Agreement Limiting Representation), as it does not get filed with the court.

Additionally, at the Committee’s recommendation to increase self-

represented litigants’ access to the courts, we delete the notary block from forms

12.902(b) (Family Law Financial Affidavit (Short Form)), 12.902(c) (Family Law

Financial Affidavit (Long Form)), 12.913(b) (Affidavit of Diligent Search and

Inquiry), 12.913(c) (Affidavit of Diligent Search), 12.930(b) (Standard Family

Law Interrogatories for Original or Enforcement Proceedings), 12.930(c) (Standard

Family Law Interrogatories for Modification Proceedings), and 12.932 (Certificate

of Compliance with Mandatory Disclosure).

Also, we amend the forms by replacing “Husband” and “Wife” with

“Petitioner” and “Respondent,” making the forms gender-neutral.

Next, we amend form 12.921 (Notice of Hearing (Child Support

Enforcement Hearing Officer)) by adding language from Turner v. Rogers, 564

2. See In re Amends. to Fla. Supreme Court Approved Family Law Forms, 173 So. 3d 19 (Fla. 2015).

-5- U.S. 431 (2011), explaining that the obligor’s ability to pay is a critical issue in

contempt proceedings and that the court must make an express finding that the

obligor has the ability to pay child support. Additionally, a new paragraph is

added to the form regarding the process to address a motion to vacate so that this

form is consistent with forms 12.920(b) and (c), which are used for a referral to or

a hearing before a general magistrate. However, for additional consistency with

those forms, as well as with rule 12.491(e)(1)(A) (Child Support Enforcement;

General Powers and Duties), we add the phrase “if necessary” to the last sentence

of the new paragraph so that the sentence reads: “The person seeking review must

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In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-family-law-rules-of-procedure-2020-fla-2020.