In re Amendments to the Florida Family Law Rules of Procedure

987 So. 2d 65, 33 Fla. L. Weekly Supp. 559, 2008 Fla. LEXIS 1233, 2008 WL 2679190
CourtSupreme Court of Florida
DecidedJuly 10, 2008
DocketNo. SC08-1214
StatusPublished
Cited by3 cases

This text of 987 So. 2d 65 (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, 987 So. 2d 65, 33 Fla. L. Weekly Supp. 559, 2008 Fla. LEXIS 1233, 2008 WL 2679190 (Fla. 2008).

Opinion

PER CURIAM.

The Florida Bar’s Family Law Rules Committee (Committee) has filed a “Fast-Track Report to Implement 2008 Legislative Changes to Equitable Distribution.” The Committee proposes amendments to the Florida Family Law Rules of Procedure that conform the rules and forms to recent legislation. We have jurisdiction. [66]*66See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e).

Under the Committee’s “fast-track” procedure for considering new legislation, the Committee proposes amendments to rule 12.285 (Mandatory Disclosure), and forms 12.930(b) (Standard Family Law Interrogatories for Original or Enforcement Proceedings) and 12.932 (Certificate of Compliance with Mandatory Disclosure).1 The Executive Committee of the Florida Bar Board of Governors approved the proposals by a vote of 10-0.

The amendments are in response to chapter 2008-46, section 1, Laws of Florida,2 which, as relevant here, adds new subsection (11) to section 61.075, Florida Statutes. The new subsection abolishes all “claims formerly identified as special equity” and requires that such claims “be asserted either as a claim for unequal distribution of marital property ... or as a claim of enhancement in value or appreciation of nonmarital property.” Ch. 2008-46, § 1, Laws of Fla.

After considering the Committee’s proposals and reviewing the relevant legislation, we amend rule 12.285 and forms 12.930(b) and 12.932, as reflected in the appendix to this opinion. New language in the rule is underscored, and deleted language is struck through. The forms are fully engrossed and ready for use. These amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.3

It is so .ordered.

QUINCE, C.J., and WELLS, ANSTEAD, PARIENTE, LEWIS, CANTERO, and BELL, JJ., concur.

APPENDIX

RULE 12.285. MANDATORY DISCLOSURE

(a)-(c) [No Change]

(d) Parties Disclosure Requirements for Initial or Supplemental Proceedings. A party shall serve the following documents in any proceeding for an initial or supplemental request for permanent financial relief, including, but not limited to, a request for child support, alimony, equitable distribution of assets or debts, or attorneys fees, suit money, or costs:

(1)-(14) [No Change]

(15) All documents and tangible evidence supporting the producing party’s claim of special-equity-or-nonmaritaLstatas of an-asset-or-debtthat an asset or liability is nonmarital, for enhancement or appreciation of nonmarital property, or for an unequal distribution of marital property. The documents and tangible evidence pro[67]*67duced shall be for the time period from the date of acquisition of the asset or debt to the date of production or from the date of the marriage, if based on premarital acquisition.

(16) [No Change]

(e)-(i) [No Change]

Commentary

[No Change]

Committee Notes

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.930(b), STANDARD FAMILY LAW INTERROGATORIES FOR ORIGINAL OR ENFORCEMENT PROCEEDINGS

When should this form be used?

This form should be used to ask the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. If the other party fails to answer the questions, you may ask the judge to order the other party to answer the questions. (You cannot ask these questions before the petition has been filed.)

The questions in this form should be used in original proceedings or enforcement proceedings and are meant to supplement the information provided in the Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should read all of the questions in this form to determine which questions, if any, the other party needs to answer in order to provide you with information not covered in the financial affidavit forms. If there are questions to which you already know the answer, you may choose not to ask them.

This form should be typed or printed in black ink. You must complete the box at the beginning of this form to indicate which questions you are requesting that the other party answer. You should send 2 copies of this form and the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a), to the other party. You should also keep a copy for your records. You should not file this form with the clerk of the circuit court. However, you must file the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a),. to tell the court that you have sent this form to the other party.

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. For further information, see the instructions for Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a), rules 12.280, 12.285, 12.340, and 12.380, Florida Family Law Rules of Procedure, and rules 1.280, 1.340, and 1.380, Florida Rules of Civil Procedure.

Special notes ...

In addition to the standard questions in this form, you may ask up to 10 additional questions. You should type or print legibly your additional questions on a separate sheet of paper and attach it to this form. If you want to ask more than 10 additional questions, you will need to get permission from the judge.

[68]*68You may want to inform the other party of the following information: As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and mail (have postmarked) the answers to you. His or her answers shall be written in the blank space provided after each separately numbered interrogatory. If sufficient space is not provided, the answering party may attach additional papers with the answers and refer to them in the space provided in the interrogatories. He or she should be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits. The original of the answers to the interrogatories is to be provided to the requesting party. Do not file the original or a copy with the clerk of the circuit court except as provided in Florida Rule of Civil Procedure 1.340(c). The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either answer or object to the questions within 30 days, he or she may be subject to court sanctions.

Remember, a person who is NOT an attorney is called a nonlawyer.

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Related

United States v. Morales
36 F. Supp. 3d 1276 (M.D. Florida, 2014)
Foley v. Foley
19 So. 3d 1031 (District Court of Appeal of Florida, 2009)
In Re Amendments to Fl. Family Law Rules of Procedure
987 So. 2d 65 (Supreme Court of Florida, 2008)

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Bluebook (online)
987 So. 2d 65, 33 Fla. L. Weekly Supp. 559, 2008 Fla. LEXIS 1233, 2008 WL 2679190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-family-law-rules-of-procedure-fla-2008.