In re Amendments to the Florida Family Law Rules of Procedure

717 So. 2d 914, 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
CourtSupreme Court of Florida
DecidedJune 25, 1998
DocketNo. 89955
StatusPublished
Cited by2 cases

This text of 717 So. 2d 914 (In re Amendments to the Florida Family Law Rules of Procedure) 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, 717 So. 2d 914, 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343 (Fla. 1998).

Opinion

OVERTON, Justice.

We have before us the Family Court Steering Committee’s emergency petition to amend the Florida Family Law Forms to conform to legislative changes that become effective July 1, 1998. We agree that the changes are necessary to comply with the new legislation, which affects the domestic violence injunction forms1 and the forms governing support issues.2

The following forms, which are attached as appendix “A,” have been amended to comply with the new legislation and also include minor non-substantive changes where necessary to correct unclear language or errors in the forms.3

DOMESTIC VIOLENCE
Form 12.980(d), Temporary Injunction for Protection Against Domestic Violence
Form 12.980(e), Final Judgment of Injunction for Protection Against Domestic Violence
SUPPORT
Form 12.947(b), Temporary Order of Support with Dependent or Minor Child(ren)
Form 12.948(b), Temporary Support Order with no Dependent or Minor Child(ren)
Form 12.988(a), Petition to Determine Paternity and for Related Relief
Form 12.983(c), Answer to Petition and Counterpetition to Determine Paternity and for Related Relief
Form 12.983(g), Final Judgment of Paternity
Form 12.990(c)(1), Final Judgment of Dissolution of Marriage with Dependent or Minor Child(ren)
Form 12.990(c)(2), Final Judgment of Dissolution of Marriage with Property But No Dependent or Minor Child(ren)
Form 12.993(a), Supplemental Final Judgment of Modification of Parental Responsibility/Visitation
Form 12.993(b), Supplemental Final Judgment Modifying Child Support
Form 12.993(c) Supplement Final Judgment Modifying Alimony
Form 12.994(a), Final Judgment for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren)
Form 12.994(b), Final Judgment for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Children)

Accordingly, we adopt the amendments to the forms as proposed by the Steering Committee and as set forth in appendix A of this [915]*915opinion, effective midnight, July 1, 1998. However, because the domestic violence injunction forms are mandatory, see Florida Family Law Rule 12.610(c)(2)(A), and because this opinion is being issued less than one week before the effective date of the amendments adopted in this opinion, we will provide a one month grace period beginning July 1, 1998, in which the previously adopted domestic violence injunction forms may continue to be used. During this interim period, pursuant to chapter 98-284, section 2, Laws of Florida, the following language should be written or typed on the face of the Final Judgment of Injunction for Protection Against Domestic Violence form4 currently being used:

Under section 790.233, Florida Statutes, it is a first degree misdemeanor for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition. Pursuant to this statute, respondent shall not have in his or her care, custody, possession or control any firearm or ammunition.

We will accept comments regarding the Family Law Forms generally and suggestions as to how to simplify those forms until September 15,1998.

It is so ordered.

SHAW, HARDING, WELLS, ANSTEAD and PARIENTE, JJ., concur.

APPENDIX A

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TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE

The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed. The Court has jurisdiction of the parties and the subject matter under the laws of Florida.

It is intended that this protection order meet the requirements of 18 U.S.C. § 2265 and therefore intended that it be accorded full faith and credit by the court of another state or Indian tribe and enforced as if it were the order of the enforcing state or of the Indian tribe.

NOTICE OF HEARING

Because this Temporary Injunction for Protection Against Domestic Violence has been issued without prior notice to Respondent, Petitioner and Respondent are instructed that they are scheduled to appear and testify at a hearing regarding this matter on { date }_, at_a.m./p.m., when the Court will consider whether the Court should issue an Injunction for Protection Against Domestic Violence, which would remain in effect until modified or dissolved by the [916]*916Court, and whether other things should be ordered, including who should pay the filing fees and costs. The hearing will be before The Honorable {name} _, at {room name/number, location, address, city} _ _, Florida. If Petitioner and/or Respondent do not appear, this temporary injunction may be continued in force, extended, or dismissed, and/or additional orders may be granted, including the imposition of court costs.

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact { name } _, { address }_, {telephone }_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771.

FINDINGS

The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties. It also appears that Petitioner is a victim of domestic violence by Respondent, and/or Petitioner has reasonable cause to believe he/she is in imminent danger of becoming a victim of domestic violence by Respondent, and that irreparable harm and injury will probably occur in the form of violence to Petitioner or persons lawfully with Petitioner unless this injunction is issued without notice.

TEMPORARY INJUNCTION AND TERMS

This injunction shall be effective until the hearing set above and in no event for longer than 15 days, unless extended by court order. This injunction is valid and enforceable in all counties of the State of Florida. The terms of this injunction may not be changed by either party alone or by both parties together. Only the Court may modify the terms of this injunction. Either party may ask the Court to change or end this injunction.

Any violation of this injunction, whether or not at the invitation of Petitioner or anyone else, may subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment, and also may subject Respondent to criminal prosecution, including the imposition of a fine, jail, or both, as provided by Florida Statutes. In addition, it is a federal criminal felony offense to cross state lines or enter Indian country for the purpose of engaging in conduct that is prohibited in this injunction. 18 U.S.C.

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Related

(1999)
84 Op. Att'y Gen. 105 (Maryland Attorney General Reports, 1999)
Amend. to Fl. Family Law Rules of Proc.
723 So. 2d 208 (Supreme Court of Florida, 1998)

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Bluebook (online)
717 So. 2d 914, 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-family-law-rules-of-procedure-fla-1998.