In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS

201 So. 3d 639, 41 Fla. L. Weekly Supp. 411, 2016 Fla. LEXIS 2135
Supreme Court of Florida·Decided September 29, 2016·No. SC16-1288·Published

Opinion

PER CURIAM.

Pursuant to the procedures approved by this Court in Amendments to the Florida Family Law Buies of Procedure & Family Law Forms, 810 So.2d, 1, 14 (Fla.2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and has determined that amendments to form 12.912(a), Memorandum for Certification of Military Service, are needed. - Input on. this issue was received from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, which provided valuable assistance. We have jurisdiction. See art. V, § 2(a), Fla. Const.

The amendments to form 12.912(a) update the contact information for the various military branches to which the form must be sent. , The amendments also add a sentence near the end of the first paragraph of the -instructions 'informing litigants that although the contact information is current as of the effective date of the form, it is subject to change. A single source website and telephone number are also added for use if a litigant has difficulty obtaining the certificate or needs additional information. 1

*640 The amended form is adopted as set forth in the appendix to this opinion, fully engrossed, effective for immediate use. The form may also be accessed and downloaded from the Florida State Court’s website at http://www.flcourts.org/resources- and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml. By adoption of the amended form, we express-no opinion as to its correctness or applicability. We also direct that the amended form be published for comment. Interested persons shall have sixty days from the date of this opinion to file comments with the Court. 2

It is so ordered.

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

APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.912(a)

MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE (09/16)

When should this form be used?

This form should be used if you KNOW OR DO NOT KNOW whether the other party in your case is on active duty in a branch of the military service of the United States. “Active duty” includes reserve personnel of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and members of the Florida National Guard who have been called' to active duty for more than thirty (30) days. Even if you believe that the other party has never or would never join the military, you must show the court proof that he or she is not a member of the military. Therefore, you may need to use this form to provide the court with such proof. See the instructions for an Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b), - for additional information. Please note that the contact information below is correct as of the effective date of this form; however, it may be subject to change. If you have difficulty obtaining the certificates or need additional information, you may wish to contact Military One Source at https:]/wmw.militaryonesowrce. mil/ or 800.824.9647.

Servicemembers Civil Relief Act (SCRA) Certificates:

For information on obtaining certificates of service or non-service under the Service-members Civil Relief Act (SCRA)(formerly known as Soldiers’ and Sailors’ Civil Relief Act of 1940), please refer to the Defense Manpower Data Center (DMDC) SCRA website: https://www.dmdc.mil/appj/scra.

*641 You may also write the DMDC at the following address:

Defense Manpower Data Center [Attn: Military Verification]

1600 Wilson Blvd., Suite 400

Arlington, VA 22209-2593

Telephone: 703.696.6762

You may be charged a service fee by each military service branch for its response. Please refer to the websites and/or phone numbers listed below for help in determining the amount of each military branch’s fee and to verify its current mailing address.

COAST GUARD: USCG Commander, Personnel Service Center, Attn: PSD-MR, 4200 Wilson Blvd., Suite 1100, Arlington, VA 22203 Phone—866.772.8724

http://uscg. mil/psc/bops.

AIR FORCE: HQ AFPC/DS1W, Attn: World Wide Locator, 550 C Street, West, Suite 50, JBSA-Randolph AFB, TX 78150-4752, Phone: 210.565.266.

www.afpc.af.mil/library/airforcelocator.asp

NAVY: Navy World Wide Locator, Navy Personnel Command, PERS 1, 5720 Integrity Drive, Millington, TN 38055-3120, Phone: 901.874.5111. http://public.navy.mil/ bupers-npe/organization/npc/csc/Pages/ N avyLocatorService.aspx

MARINE CORPS: Headquarters, United States Mai’ine Corps, Personnel Management Support Branch (MMSB-17), 2008 Elliot Road, Room 201, Quantico, VA 22134 Phone: 703.784.3941

hqmc.marines.mil/agencies

PUBLIC HEALTH SERVICE: Attn: Director, Division of Commissioned Corps Officer Support, 1101 Wooten Parkway, Plaza Level, Suite 100, Rockville, MD 20852

https://www. dmdc. osd. mil/appj/scra/

ARMY: www.dmdc.osd.mil/

This form should be typed or printed in black ink. You should complete this form for each branch of the United States’ military listed above, and mail the form to each branch with a check for the appropriate amount and a stamped, self-addressed envelope. You should keep a copy of the form for your records. After you have received a verification of military status from each branch, you will need to attach those verifications to an Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b), for filing with the clerk.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of 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 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.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

Free access — add to your briefcase to read the full text and ask questions with AI

In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 201 So. 3d 639, 41 Fla. L. Weekly Supp. 411, 2016 Fla. LEXIS 2135 (Fla. 2016).

201 So. 3d 639 (In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related