In re Amendments to the Florida Family Law Rules of Procedure

154 So. 3d 301
CourtSupreme Court of Florida
DecidedDecember 18, 2014
DocketNo. SC14-236
StatusPublished

This text of 154 So. 3d 301 (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, 154 So. 3d 301 (Fla. 2014).

Opinion

PER CURIAM.

The Family Law Rules Committee (Committee) has filed its regular-cycle report proposing amendments to the Florida Family Law Rules of Procedure.1 The Committee proposes new rules 12.012 (Minimization of Sensitive Information) and 12.364 (Social Investigations). It also proposes amendments to rules 12.070 (Process); 12.200 (Case Management and Pretrial Conferences); 12.363 (Evaluation of Minor Child); 12.490 (General Magistrates); 12.491 (Child Support Enforcement); and 12.560 (Discovery in Aid of Execution); and forms 12.901(a) (Petition for Simplified Dissolution of Marriage); 12.902(b) (Family Law Financial Affidavit (Short Form)); and 12.902(c) (Family Law Financial Affidavit (Long Form)). After submission to the Court, the proposals were published for comment. No comments were received. Upon consideration of the Committee’s report, we adopt the amendments proposed by the Committee as described below.

AMENDMENTS

First, we adopt new rule 12.012 (Minimization of Sensitive Information). This rule is patterned after recently adopted Florida Rule of Civil Procedure 1.020, which requires pleadings and other papers filed with the court in civil cases to comply with Florida Rule of Judicial Administration rule 2.425 (Minimization of the Filing of Sensitive Information). New rule 12.012 requires the same in family law cases.

Next, rule 12.070 (Process) is amended to inform parties that for constructive service of process in cases involving parental responsibility, custody, or time-sharing, they must file an affidavit that conforms with family law form 12.913(c) (Affidavit of Diligent Search). It is also amended to state that if the responding party cannot be found, he or she must be served as provided in chapter 49, Florida Statutes, which governs constructive service of process, and that the clerk of the circuit court must mail a copy of the notice to the party’s last known address.

Rule 12.200 (Case Management and Pretrial Conferences), is amended to provide for the consideration at the case management conference of “any agreements, objections, or form of production of electronically stored information.” This is meant to allow such issues to be brought to the court’s attention early in the case so that any conflict can be resolved on a timely basis.

Next, we adopt new rule 12.364 (Social Investigations) to specifically address social investigations under section 61.20, Florida Statutes (2014). New rule 12.364 [302]*302provides the requirements and process for appointment of a social investigator; provides general provisions and content for the order for a social investigation; governs the written study by the social investigator; allows a party to file a motion for an additional social investigation; and provides for production of the investigator’s file to another investigator who may review it and testify.

In conjunction with the adoption of new rule 12.364, we amend current rule 12.363 (Evaluation of Minor Child) to remove references to “social investigations” under section 61.20, Florida Statutes (2014), so as to differentiate social investigations from evaluations of a minor child. Rule 12.363 is also amended as follows: (1) to delete the term “licensed mental health professional” so that the rule refers only to the appointment of an “expert” generally; (2) to require a determination of a need for an expert before one is appointed by the court when the parties cannot agree; (3) to require that an expert’s report be provided to the party, rather than the party’s attorney; (4) to require that prior notice of communication with the court be given to the parties, rather than their attorneys; and (5) to require that an expert’s report be properly admitted into evidence and considered by the court before it is made part of the court file.

Rule 12.490 (General Magistrates) is amended to require appointment of a specific magistrate. This was recommended by the Committee because it was reported to the Committee that despite the requirement in family law form 12.920(b) (Order of Referral to General Magistrate) that the general magistrate appointed be named, some jurisdictions were interpreting a referral to a general magistrate as a referral to any general magistrate in the jurisdiction. The Committee reasoned that the specific magistrate to whom the case is referred should be identified so that parties may determine in a timely manner whether an objection should be raised. Subdivision (d)(3) of this rule is also amended to change the word “papers” to “documents.”

Next, subdivision (e)(2) of rule 12.491 (Child Support Enforcement) is amended to correct a cross-reference to a recently renumbered subdivision of Florida Rule of Judicial Administration 2.535.

Rule 12.560 (Discovery in Aid of Execution) is amended to add the name of Florida Rule of Civil Procedure form 1.977, “Fact Information Sheet” for clarity. Additionally, subdivision (c) of this rule is deleted.

Finally, we amend three family law forms. Form 12.901 ‘(Petition for Simplified Dissolution of Marriage) is amended to remove the requirement of filing a financial affidavit because rule 12.285(c) exempts parties in a simplified dissolution under rule 12.105 from such filing requirement. Section II “Average Monthly Expenses” of form 12.902(b) (Family Law Financial Affidavit (Short Form)) is amended to provide an instruction that if an expense listed by a party is an estimate of what he or she expects it will be post-dissolution, rather than an actual current amount, that should be expressly indicated by writing “estimate” next to the amount. Form 12.902(c) (Family Law Financial Affidavit (Long Form)) currently contains similar language. Other minor changes to clarify insurance amounts and subtotals in section II of both forms 12.902(b) and (c) are also made.

CONCLUSION

Accordingly, the Florida Family Law Rules of Procedure and forms are amended as set forth in the appendix to this opinion. Language added to the rules is underscored; deleted language is struck [303]*303through. The committee notes are offered for explanation only and are not adopted as an official part of the rules.

The amended forms are fully engrossed and ready for use. The forms may also be accessed and downloaded from the Florida State Courts’ website at www.flcourts.org' resources-and-services/family-courts/ family-law-self-helpinformation/family-law-forms.stml. By adoption of the amended forms, we express no opinion as to their correctness or applicability.

The amended and new rules and the amended forms shall be.come effective at 12:01 a.m., January 1, 2015.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

RULE 12,012, MINIMIZATION OF SENSITIVE INFORMATION

Every pleading or other document filed with the court shall comply with Florida Rule of Judicial Administration 2,425, Minimization of the Filing of Sensitive Information.

RULE 12.070. PROCESS

(a)-(b) [No change]

(c) Constructive Service.

(1) [No change]

(2) For constructive service of process in any case or proceeding involving parental responsibility, custody, or time-sharing with a minor child, the petitioner shall file an affidavit of diligent search and inquiry that conforms with Florida Family Law Rules of Procedure Form 12.913(c).

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Bluebook (online)
154 So. 3d 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-family-law-rules-of-procedure-fla-2014.