Amendments to the Florida Family Law Rules, In re

• Decision Date: 26 February 1998
• Docket Number: No. 89955,89955
• Citation: 713 So.2d 1
• Parties: 23 Fla. L. Weekly S105 AMENDMENTS TO THE FLORIDA FAMILY LAW RULES.
• Court: Florida Supreme Court

Page 1

713 So.2d 1

23 Fla. L. Weekly S105

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES.

No. 89955.

Supreme Court of Florida.

Feb. 26, 1998.

John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, Linda Vitale, Outgoing Chair, Florida Family Law Rules Committee, Fort Lauderdale, Burton Young, Chair, Florida Family Law Rules Committee, Young, Berman & Karpf, P.A., North Miami Beach, Durand Adams, Chair, Family Court Steering Committee, Bradenton, Debra Behnke, Co-Chair, Access to the Courts Workgroup, Family Courts Steering Committee, Tampa, and George S. Reynolds, III, Co-Chair, Access to the Courts Workgroup, Family Courts Steering Committee, Tallahassee, for Petitioner.

Amy Karan, Administrative Judge, Richard Yale Feder, Administrative Judge, Judith Kreeger, Associate Administrative Judge, Lester Langer, Circuit Judge, Michael B. Chavies, Circuit Judge, Eugene Fierro, Circuit Judge, Carol R. Gersten, Circuit Judge, Maynard Gross, Circuit Judge, Gerald D. Hubbart, Circuit Judge, Arthur Taylor, Circuit Judge, Cecilia Altonaga, County Judge, Deborah White Labora, County Judge, Mark King Leban, County Judge and Bertila Soto, County Judge, Eleventh Judicial Circuit, Miami, Robert L. Doyel, Circuit Judge, Tenth Judicial Circuit, Bartow, J.K. "Buddy" Irby, Clerk of the Circuit Court for Alachua County, Gainesville, Katherine Fernandez Rundle, State Attorney, Eleventh Judicial Circuit, Miami, Gerald S. Deutsch, Fort Lauderdale, Robert E. Schroeder, Director, Department of Human Services, on behalf of Metro-Dade Advocates for Victims Program, Miami, B. Niklas Brihammar of Sheri Smallwood, Chartered, Key West, Patricia Grogan, Chair, Governor's Task Force on Domestic and Sexual Violence, Florida Department of Community Affairs, Tallahassee, Caroline C. Emery, Jacksonville, Kathryn Gutstein, Chairperson, Dade County Alliance Against Domestic Violence, Miami, Ivon Mesa, on behalf of the Commission on the Status of Women, Miami, Rana Holz of Rubinstein & Holz, P.A., Fort Myers, Virginia Daire, General Counsel, Florida Coalition Against Domestic Violence, Tallahassee, A. Quinn Jones, III, City Attorney and Ana Maria Pando, Assistant City Attorney, on behalf of the City of Miami Police Department, Miami, Marilyn R. McLean, Staff Attorney, Family Court Division, Eighth Judicial Circuit, Gainesville, Robert J. Jones, Administrative General Master, Eleventh Judicial Circuit, Miami, David B. Higginbottom, Frostproof, George F. Hachigian, Staff Representative, on behalf of the Fraternal Order of Police, Florida Labor Council, Inc., Fort Lauderdale, Linda J. Blue, Major, Metro-Dade Police Department, Domestic Crimes Bureau, Miami, Rachel Kronick, on behalf of Dade County Bar Association Legal Aid Society Domestic Violence Project, Miami, Geraldine E. Bishop, Judicial Staff Attorney, Fifth Judicial Circuit, Brooksville, Robert L. Vogel, Jr., Sheriff and Lt. Craig Broughton, Volusia County Sheriff's Department, Daytona Beach, comments regarding Family Law Rules.

OVERTON, Justice.

In 1990, the legislature established the Commission on Family Courts for the purpose of making recommendations regarding the implementation of the family law divisions. Ch. 90-273, Laws of Fla. After this Court received the commission's report recommending the implementation of such divisions, this Court established a new process for family law cases by directing that family court divisions be instituted. See In re Report of Com'n on Family Cts., 588 So.2d 586 (Fla.1991). Subsequently, we adopted new rules of procedure for these family law divisions, which were intended to address the unique problems of family law cases. In re Family Law Rules of Procedure, 663 So.2d 1047 (Fla.1995) (Family Law I ), and In re Family Law Rules of Procedure, 663 So.2d 1049 (Fla.1995) (Family Law II ). In doing so, we included a significant number of forms and instructions.

Because these rules were new, and in some instances appeared to be complicated, we recognized that the rules and forms would need additional prompt refinement. To address The development of common sense rules and forms in family law cases, understandable by both lawyers and pro se litigants alike, is essential. Reports submitted to the Office of State Courts Administrator by the circuits of this state reflect that, on average, sixty-five percent of all family law cases have at least one unrepresented party. Consequently, the rules governing family law cases should be crafted to establish an easy-to-understand process. Unfortunately, in adopting separate family law rules and forms, it appears that we may have complicated rather than simplified the process. One lawyer commenting on the rules stated that they are now so complicated that he has had to substantially increase his fees for dissolution proceedings. Our goal must be to simplify the process. Otherwise, we deny many citizens meaningful and affordable access to the courts, particularly when so many of them are self-represented. Moreover, every litigant in family law cases, whether represented by an attorney or not, is entitled to have contested matters heard by an article V judicial officer. Where custody, property, or liberty is involved, citizens in this state are entitled to a judicial resolution of a dispute, absent a mediated settlement.

this problem, in Family Law II we directed the Family Law Rules Committee, the Family Courts Steering Committee, and the Supreme Court Mediation and Arbitration Rules Committee to review the rules and forms following their implementation and to make recommendations for changes to the rules and forms. In issuing that directive, we stressed that the committees should place particular emphasis on making revisions to further simplify the family law process, particularly because of the many litigants in family law cases who represent themselves.

In 1997, the rules and steering committees finalized their second review and submitted to us recommended rule and form modifications. The mediation committee found no need to recommend changes to the rules regarding family law mediation at this time. Additionally, in an effort to fulfill the spirit of this Court's directives to simplify the process of litigation in family law matters, the steering committee completely revised the forms, incorporating instructions for litigants throughout the forms, rather than keeping those instructions in attached appendices. The committee also added a number of new forms to the rules. The proposed amendments and modifications to the rules and forms are extensive; the rules and forms now constitute more than 500 pages.

The proposed rule changes were published for comment in The Florida Bar News, and many comments were received by this Court. We have now reviewed the proposed changes and the comments. The majority of the proposed changes fall into the following categories: technical revisions to improve or correct the forms and related instructions, domestic and repeat violence, mandatory disclosure, court appointed experts, evaluations of minor children, hearing officers and paternity determinations, motions for new trial and rehearing, civil contempt, and case management and pretrial conferences for adoptions. We adopt, without comment, the majority of technical changes made to the forms and related instructions. Additionally, after having reviewed the forms and related instructions, this Court has made numerous additional technical changes on its own. We address the numerous other issues raised by the proposed changes to the rules and the forms below.

DOMESTIC AND REPEAT VIOLENCE

Both the steering and rules committees have made suggested changes to Florida Family Law Rule of Procedure 12.610, which governs domestic and repeat violence, and the forms related to that rule. Some of the recommended changes were necessitated by recent changes to the statutes governing these issues.

Petition Forms

This Court received comments regarding the inclusion of the "Disclosure of Assistance by a Nonlawyer" on the domestic and repeat violence petition forms as well as on all other forms. Concern was raised as to the safety of the person assisting a victim of domestic violence in filling out the forms. Further, many comments asserted that there was no rule requiring this information and that it The disclosure is directed by Rule Regulating the Florida Bar 10-2.1(a). That rule provides in pertinent part as follows:

should thus be deleted from all forms. That argument is erroneous.

(a) Unlicensed Practice of Law. The unlicensed practice of law shall mean the practice of law, as prohibited by statute, court rule, and case law of the State of Florida. For purposes of this chapter, it shall not constitute the unlicensed practice of law for a nonlawyer to engage in limited oral communications to assist a person in the completion of blanks on a legal form approved by the Supreme Court of Florida. Oral communications by nonlawyers are restricted to those communications reasonably necessary to elicit factual information to complete the blanks on the form and inform the person how to file the form.

The following language shall appear on any form completed pursuant to this rule and any individuals assisting in the completion of the form shall provide their name, business name, address, and telephone number on the form:

This form was completed with the assistance of:

Name of Individual

Name of Business

Address

Telephone Number

Before a nonlawyer assists a person in the completion of a form in the manner set forth in this rule, the nonlawyer shall provide the person with a copy of a disclosure. A copy of the disclosure, signed by both the nonlawyer and the person, shall be given to the person to retain and the nonlawyer shall keep a copy in the person's file. The disclosure does not act as or constitute a waiver, disclaimer, or limitation of liability.

(Emphasis added.) The Florida Family Law Forms were originally drafted by...