In re Amendments to the Fla. Family Law Rules of Procedure—2020 Regular-Cycle Report

• Decision Date: 12 November 2020
• Docket Number: SC20-162
• Citation: 345 So.3d 69 (Mem)
• Parties: IN RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2020 REGULAR-CYCLE REPORT.
• Court: Florida Supreme Court

345 So.3d 69 (Mem)

IN RE: AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE—2020 REGULAR-CYCLE REPORT.

No. SC20-162

Supreme Court of Florida.

November 12, 2020

Cory Aaron Brandfon , Chair, and Hon. Mary Lou Cuellar-Stilo , Past Chair, Family Law Rules Committee, Tampa, Florida; and Joshua E. Doyle , Executive Director, and Mikalla Andies Davis , Bar Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner.

Joan K. Koch , Chief Counsel, Child Support Program, Florida Department of Revenue, Tallahassee, Florida, Responding with comments.

PER CURIAM.

We have for consideration the regular-cycle report of The Florida Bar's Family Law Rules Committee (Committee) proposing amendments to the Florida Family Law Rules of Procedure (Rules). See Fla. R. Jud. Admin. 2.140(b).¹ We have jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

The Committee proposes amendments to rules 12.060 (Transfers of Actions), 12.070 (Process), 12.285 (Mandatory Disclosure), 12.350 (Production of Documents and Things and Entry on Land for Inspection and Other Purposes), 12.410 (Subpoena), 12.491 (Child Support Enforcement), and forms 12.900(b) (Notice of Limited Appearance), 12.900(c) (Consent to Limited Appearance by Attorney), 12.900(d) (Termination of Limited Appearance), 12.900(e) (Acknowledgement of Assistance by Attorney), 12.900(g) (Agreement Limiting Representation), 12.902(b) (Family Law Financial Affidavit (Short Form)), 12.902(c) (Family Law Financial Affidavit (Long Form)), 12.902(e) (Child Support Guidelines Worksheet), 12.902(f)(3) (Marital Settlement Agreement for Simplified Dissolution of Marriage), 12.910(a) (Summons: Personal Service on an Individual), 12.913(b) (Affidavit of Diligent Search and Inquiry), 12.913(c) (Affidavit of Diligent Search), 12.921 (Notice of Hearing (Child Support Enforcement Hearing Officer)), 12.928 (Cover Sheet for Family Court Cases), 12.930(a) (Notice of Service of Standard Family Law Interrogatories), 12.930(b) (Standard Family Law Interrogatories for Original or Enforcement Proceedings), 12.930(c) (Standard Family Law Interrogatories for Modification Proceedings), 12.932 (Certificate of Compliance with Mandatory Disclosure), 12.984(b) (Response by Parenting Coordinator), 12.984(c) (Parenting Coordinator Report of an Emergency), 12.996(b) (Notice to Payor), and 12.996(c) (Notice of Filing Return Receipt). The Committee also proposes new forms 12.975(a) (Petition for Grandparent Visitation with Minor Child(ren)) and 12.975(b) (Order on Grandparent's Petition for Visitation with Minor Child(ren)). The Board of Governors of The Florida Bar unanimously approved the proposals.

The Committee published the proposals for comment before filing them with the Court and received two comments. In response to one of the comments, the Committee revised several of the proposed rule and form amendments. After the Committee filed its report, the Court published the proposals for comment. The Court received one comment.

Upon consideration of the Committee's report and the comments, we adopt the amendments to the Florida Family Law Rules of Procedure as proposed, with minor modifications. We discuss the more significant amendments below.

AMENDMENTS

First, we amend rule 12.060 (Transfers of Actions) to harmonize it with Florida Rule of Civil Procedure 1.060 (Transfers of Actions) by making dismissal of an action mandatory if the service fee is not paid within thirty days of commencing the action.

Next, we amend subdivisions (b)(1)(A) and (b)(1)(B) of rule 12.285 (Mandatory Disclosure) to clarify the service requirements and provide greater specificity as to when required documents must be served on the other party. Also, we make several amendments throughout subdivisions (d) (Disclosure Requirements for Temporary Financial Relief) and (e) (Parties' Disclosure Requirements for Initial or Supplemental Proceedings) of rule 12.285 that increase the time period for which various documents must be produced, provide greater specification as to what documents should be produced, and expand the types of documents that should be produced. In addition to providing a better understanding of the parties' financial situations, these amendments will increase fairness and disclosure. For example, subdivision (d)(2) will now require that three years of tax returns be produced, and subdivisions (d)(4) and (e)(4) will require six months of pay stubs. Additionally, credit reports and any other form of financial disclosure are added to the types of documents that must be produced under subdivision (e)(6). Also, new subdivision (e)(11) is added to require disclosure of virtual currency transactions or holdings, and the remainder of subdivision (e) is renumbered accordingly.

Also, we amend rule 12.491 (Child Support Enforcement) by adding new subdivisions (e)(1)(A), which provides the required language that must be included in notices and orders regarding the procedure for a motion to vacate, and (e)(1)(B), which requires that notices and orders state whether electronic recording or court reporting is provided by the court or whether the court reporter would be at a party's expense. Additionally, a sentence is added to subdivision (f) that requires a recommended order to include the name and address of the court reporter, if present, as well as information on how a litigant can obtain a recording of the hearing.

Next, we add new sections regarding e-filing and e-service election, which have previously been added to the Florida Supreme Court Approved Forms,² to all of the instructions in the forms listed above, with the exception of form 12.900(g) (Agreement Limiting Representation), as it does not get filed with the court.

Additionally, at the Committee's recommendation to increase self-represented litigants' access to the courts, we delete the notary block from forms 12.902(b) (Family Law Financial Affidavit (Short Form)), 12.902(c) (Family Law Financial Affidavit (Long Form)), 12.913(b) (Affidavit of Diligent Search and Inquiry), 12.913(c) (Affidavit of Diligent Search), 12.930(b) (Standard Family Law Interrogatories for Original or Enforcement Proceedings), 12.930(c) (Standard Family Law Interrogatories for Modification Proceedings), and 12.932 (Certificate of Compliance with Mandatory Disclosure).

Also, we amend the forms by replacing "Husband" and "Wife" with "Petitioner" and "Respondent," making the forms gender-neutral.

Next, we amend form 12.921 (Notice of Hearing (Child Support Enforcement Hearing Officer)) by adding language from Turner v. Rogers, 564 U.S. 431, 131 S.Ct. 2507, 180 L.Ed.2d 452 (2011), explaining that the obligor's ability to pay is a critical issue in contempt proceedings and that the court must make an express finding that the obligor has the ability to pay child support. Additionally, a new paragraph is added to the form regarding the process to address a motion to vacate so that this form is consistent with forms 12.920(b) and (c), which are used for a referral to or a hearing before a general magistrate. However, for additional consistency with those forms, as well as with rule 12.491(e)(1)(A) (Child Support Enforcement; General Powers and Duties), we add the phrase "if necessary" to the last sentence of the new paragraph so that the sentence reads: "The person seeking review must have the transcript prepared if necessary for the Court's review." Lastly, we modify the reference to form "12.901(b) (Short Form)" in form 12.921 to read "12.902(b) (Short Form)", as the Short Form Family Law Financial Affidavit is form 12.902(b).

Further, we amend form 12.932 (Certificate of Compliance with Mandatory Disclosure). First, in the instructions to the form, "dissolution of marriage case" is replaced with "family matter" to clarify that mandatory disclosure is required in all family law proceedings rather than only in dissolution of marriage cases. Additionally, many subdivisions are amended throughout the form for consistency with the amendments to rule 12.285 (Mandatory Disclosure) and to increase fairness and disclosure. For example, paragraphs 1.c. and 2.c. will now require disclosure of six months of paystubs or other evidence of earned income. New paragraph 2.j. also is added to require the disclosure of virtual currency holdings.

Finally, we adopt new forms 12.975(a) (Petition for Grandparent Visitation with Minor Child(ren)) and 12.975(b) (Order on Grandparent's Petition for Visitation with Minor Child(ren)), with minor technical changes. The Committee proposed the new forms in response to chapter 2015-134, section 3, Laws of Florida, which created section 752.011, Florida Statutes (2019), and established the limited circumstances under which grandparents can petition for visitation rights with their minor grandchildren. Form 12.975(a) is to be used when a grandparent files for visitation rights as provided in section 752.011, Florida Statutes (2019), and form 12.975(b) is a form order to be provided to the court at the hearing on the petition.

CONCLUSION

Accordingly, the Florida Family Law Rules of Procedure are amended as set forth in the appendix to this opinion. New language is indicated by underscoring, and deletions are indicated by struck-through type. The forms are fully engrossed and ready for use. The forms may also be accessed and downloaded from the Florida Courts website at https://www.flcourts.org/Resources-Services/CourtImprovement/Family-Courts/Family-Law-Forms. By adoption of the new and amended forms, we express no opinion as to their correctness or applicability. The amended rules and the amended and new forms shall become effective January 1, 2021, at 12:01 a.m.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.

APPENDIX

RULE 12.060. TRANSFERS OF ACTIONS

(a)-(b) [No Change]

(c) Method. The service charge of the clerk of the court to which an action is transferred under this rule must be paid by the party who...