In Re Family Law Rules of Procedure

663 So.2d 1049 (1995)

In re FAMILY LAW RULES OF PROCEDURE.

No. 84337.

Supreme Court of Florida.

November 22, 1995.

*1050 John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, Florida; and Michael L. Hastings, Chairperson, Family Law Rules Committee, Hastings & Estreicher, P.A., St. Petersburg, Florida, for Petitioner.

Steven H. Preston of Gurney & Handley, P.A., Orlando, Florida; Henry P. Trawick, Jr. of the Law Offices of Trawick, Valentine & Hagan, P.A., Sarasota, Florida; Honorable E. Earle Zehmer, Chief Judge, First District Court of Appeal, Tallahassee, Florida; Cynthia B. Glazier, Program Attorney, State of Florida Guardian Ad Litem Program, Fourth Judicial Circuit, Jacksonville, Florida; Beth E. Spiegel, North Miami Beach, Florida; S. William Goldstein of the Law Offices of Goldstein & Goldstein, Jacksonville, Florida; B. Niklas Brihammar, Key West, Florida; Paul R. Marcus of the Law Offices of Paul R. Marcus, Miami, Florida; Honorable Dale Ross, Chief Judge, Seventeenth Judicial Circuit, Fort Lauderdale, Florida; Maurice Jay Kutner of Kutner & West, P.A., Miami, Florida; Richard P. Aranson of Beiner & Nussbaum, P.A., Boca Raton, Florida; Honorable Richard Yale Feder, Administrative Judge, Family Division, Eleventh Judicial Circuit, Miami, Florida; Honorable Gerald T. Wetherington, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable Joseph P. Farina, Chief Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable Donald Moran, Jr., Chief Judge and Honorable Hugh A. Carithers, Jr., Administrative Judge, Family Law Division, Fourth Judicial Circuit, Jacksonville, Florida; Andrew M. Leinoff of Leinoff & Silvers, P.A., Coral Gables, Florida; Honorable Hugh E. Starnes, Chief Judge, Twentieth Judicial Circuit, Fort Myers, Florida; Honorable Leonard Rivkind, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable F. Dennis Alvarez, Chief Judge, and judges presiding in the Family Law Division, Thirteenth Judicial Circuit, Tampa, Florida; Peter M. Hockman, Homestead, Florida; Honorable Thomas S. Wilson, Jr., Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Lawrence M. Watson, Jr., Chair, Supreme Court Committee on Mediation and Arbitration Rules, Orlando, Florida; Raquel A. Rodriquez, Coral Gables, Florida; Nancy M. Blount, Assistant State Attorney, Eleventh Judicial Circuit, Miami, Florida; Darlene Schweitzer-Ramras of Schweitzer & Schweitzer-Ramras, P.A., Miami, Florida; Robert J. Jones, Miami, Florida; Marsha B. Elser, Cynthia L. Greene, Judith Hodor and Laura M. Fabar of Elser, Greene, Hodor & Fabar, Miami, Florida; Peter A. Collins, Miami, Florida; William A. Daniel, Jr., Miami, Florida; Norman D. Levin of Levin & Rabinowitz, Longwood, Florida; Honorable Anthony Rondolino, Circuit Judge, Sixth Judicial Circuit, St. Petersburg, Florida; Sharon L. Langer, Director, Dade County Bar Association Legal Aid Society, Miami, Florida; Honorable Alan S. Gold, *1051 Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Fred M. Dellapa, Coral Gables, Florida; Joy B. Shearer, General Master, Administrative Office of the Court, Fifteenth Judicial Circuit, West Palm Beach, Florida; Rosemarie S. Roth, Miami, Florida; Martin J. Nolan, E.R. Whitehouse, Rusela V. Orr and Charlene Sharp Bogolub, certified and court appointed family mediators, Eleventh Judicial Circuit, Miami, Florida; Bette Ellen Quiat, Miami, Florida; Perry S. Itkin, Chairperson, Education & Training Committee, Florida Association of Professional Family Mediators, Dispute Resolution, Inc., Fort Lauderdale, Florida; Honorable Roger A. Silver, County Judge, County Court of Dade County, Miami, Florida; Marilyn Blumberg of the Law Offices of Bette Ellen Quiat, Miami, Florida; Honorable Herbert M. Klein, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Melvyn B. Frumkes of the Law Offices of Melvyn B. Frumkes & Associates, P.A., Miami, Florida; William T. Bornhauser, Director, Family Mediation Program, Twelfth Judicial Circuit, Sarasota, Florida; Honorable Ronald M. Friedman, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Honorable John L. Phillips, Administrative Judge, Family Division, Fifteenth Judicial Circuit, West Palm Beach, Florida; Honorable George S. Reynolds, III, Vice-Chair, Family Law Rules Committee, Second Judicial Circuit, Tallahassee, Florida; Honorable Stuart M. Simons, Circuit Judge, Eleventh Judicial Circuit, Miami, Florida; Catherine Marie Ivey of the Law Office of Henshaw & Ivey, Cape Coral, Florida; and Honorable Seymour Benson, Circuit Judge, Eighteenth Judicial Circuit, Sanford, Florida, submitting comments regarding Family Law Rules.

OVERTON, Justice.

On July 7, 1995, this Court adopted new family law rules in accordance with our prior determination to have separate rules for family law cases. See In re Family Law R.P., 663 So.2d 1047 (Fla. 1995). After we issued the new rules, we published them in The Florida Bar News for further comment. Additionally, we asked the Family Law Rules Committee to review the rules for comment in view of the substantial modifications this Court made to the rules as proposed. The comments of the committee and others are now before this Court for review. We have jurisdiction. Art. V, § 2(a), Fla. Const. After having reviewed the comments, we hereby modify the rules as set forth in the attached appendices. The changes include a number of technical modifications and some substantive modifications.

General and Special Masters

A majority of the comments received concern the rules governing general and special masters. These comments request that we address the restrictions the rules place on the authority of masters. Specifically, this Court has been asked to modify the rules to: (1) eliminate the provision that prohibits general and special masters from hearing civil contempt proceedings; and (2) eliminate the requirement of Florida Family Law Rule of Procedure 12.490 that a general master must take the evidence in writing and must file that writing with the master's report and instead allow general masters to take testimony and establish a record electronically.

After consideration, we grant the first request and have modified Florida Family Law Rules 12.490 and 12.492 as set forth in attached Appendix B to eliminate the provision prohibiting general and special masters from hearing contempt proceedings. In granting this request, we note that, under the rules governing masters, no matter shall be heard by a general master without the consent of all parties. See Fla.Fam.L.R. 12.490(b)(1).

We also grant the second request as limited herein because we find that its implementation, with certain modifications, will expedite the family law litigation process and reduce costs. In the second request we are urged to find that allowing the use of an electronic record in lieu of requiring a master to take the evidence in writing is permissible under our constitution. The reason Florida Rule of Civil Procedure 1.490 and now rule 12.490 require the written recording of documentary evidence by a master is to ensure that the party taking exceptions to the master's report has an adequate and fair opportunity *1052 for review and to ensure that a master's report is not contrary to the evidence or to the law. Knupp v. Knupp, 625 So.2d 865 (Fla. 3d DCA 1993); Petrakis v. Petrakis, 597 So.2d 856 (Fla. 3d DCA 1992). In other words, some type of record must be created to protect a litigant's right to ultimate review by a judge. We find that electronically recording the master's proceeding and preserving that recording for future access sufficiently protects a litigant's rights by providing the ability to have the electronic record transcribed to establish an appropriate record for review if exceptions are filed.

In reaching this decision, we emphasize that we are in no way implying that judges may merely "rubber-stamp" the recommendations of masters. An adequate method of judicial review of the recommendations is still required given the limited judicial authority that may be vested in masters. According to comments received by this Court, however, confusion apparently exists as to the appropriate requirements for review given our holding in Lyon v. Lyon, 54 So.2d 679, 680 (Fla. 1951), in which we stated:

We do not construe the ... rule to mean that, in the absence of exceptions, the entry of final decree by the court in accordance with the findings and recommendations of the Master becomes a mere formality. Whether exceptions are filed to the report of the Master or not, it is the duty of the court to examine and carefully consider the evidence and determine whether under the law and the facts the court is justified in entering the decree recommended by the Master.

We find that, provided a judge carefully considers (1) whether the evidence and facts, as fully set forth in a master's report, support the recommendations of the master and (2) whether the recommendations are justified under the law, then the review, absent exceptions, is adequate and satisfies the spirit of Lyon . Notwithstanding this finding, we emphasize that a judge must review the entire record if exceptions are filed. We have modified rule 12.490 accordingly.

Other Changes

In response to other remarks, we have made a number of technical and stylistic changes throughout the rules, forms, and appendices. We have also made the following substantive changes to the rules pursuant to the recommendations of the committee or others who submitted comments:

(1) In rule 12.010, moved definition of family law matters from commentary into body of rule.

(2) Deleted the requirement in rule 12.105 that simplified dissolutions must comply with requirements of rule 12.285.

(3) Added the following to the comment to rule 12.110: "Rule 1.110(h) is to be interpreted to require service of process on a supplemental petition as set forth in Florida Family Law Rule of Procedure 12.070."

(4) Added rule 12.190 (amended and supplemental pleadings shall be governed by Florida Rule of Civil Procedure 1.190).

(5) Deleted "allegations of domestic violence" from rule 12.200(9), (10), and (11) in master and mediation referrals and inserted instead "significant history that would compromise the process"; and added to rule 12.200(11) the words "consistent with Florida law" to reflect that arbitration would be coordinated consistent with Florida law.

(6) Altered rule 12.285(b)(1)(A) to add "unless the documents have been served under subdivision (b)(2) of this rule." A similar change was made to rule 12.285(b)(1)(B).

(7) Changed the term "deliver" as set forth throughout rule 12.285 to "serve" and changed the 20-day time period in rule 12.285(b)(1)(B) as follows to make the rule consistent with Florida Rule of Judicial Administration 2.085(d)(1)(C) and other rules regarding service:

The responding party shall serve the required documents on the party seeking relief on or before 5:00 p.m., 2 business days before the day of the temporary financial hearing if served by delivery or 7 days before the day of the temporary financial hearing if served by *1053 mail, unless the documents have been received previously by the party seeking relief under subdivision (b)(2) of this rule. A responding party shall be given no less than 12 days to serve the documents required under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of documents provided for in subdivision (b)(2) of this rule will occur before the expiration of the 12 days, the provisions of subdivision (b)(2) control.

(8) Added adoptions to proceedings exempted from disclosure under rule 12.285(a)(1), and clarified that rule 12.285(c) applies to parties whose annual income and expenses are less than $50,000 and that rule 12.285(d) applies to parties whose annual income or expenses are equal to or more than $50,000.

(9) Added rule 12.407 (Testimony and Attendance of Minor Child. No minor child shall be deposed or brought to a deposition, brought to court to appear as a witness or to attend a hearing, or subpoenaed to appear at a hearing without prior order of the court based on good cause shown unless in an emergency situation.).

(10) Amended rule 12.470 to include exceptions to general masters' reports.

(11) Renumbered rules 12.491 and 12.492 as requested by the committee.

(12) Added the following comment to rule 12.491: "It is intended that any administrative order issued by the chief justice of the Florida Supreme Court under rule 1.491(a) shall remain in full force and effect as though such order was rendered under this rule until changed by order of that same court."

(13) Amended rule 12.491(e) to clarify that hearing officers are not to conduct contested paternity proceedings.

(14) Amended rule 12.610 to:

(a) require that service of papers on the respondent include a copy of the temporary injunction if one has been entered;

(b) state that assistance shall be given as required by law and to provide for the confidential filing of a petitioner's address when required for safety reasons;

(c) reflect in the commentary that the limitation on the taking of testimony raises due process concerns and, as such, that the limits on the taking of testimony have been made permissive rather than mandatory under the rule even though the statute requires that the testimony be limited.

(15) Amended rules 12.740 and 12.741 to reflect changes to those mediation rules as recommended by the mediation committee.

(16) Renumbered, reorganized, and updated the forms that accompany the rules.

Future Changes to the Rules

Regarding future modifications to the family law rules, we issue the following directives. The Family Law Rules Committee shall have continuing responsibility for review of the family law rules, including all forms and appendices. We also ask the Family Courts Steering Committee to review these rules, forms, and appendices and to make recommendations to this Court, with particular emphasis on revisions to further simplify the family law process for the many pro se litigants in family law cases. Finally, consistent with this Court's directives regarding mediation and arbitration rules in other areas, we direct that the Supreme Court Mediation and Arbitration Rules Committee shall have continuing responsibility for review of rules 12.740 and 12.741 governing family law mediation.

This Court acknowledges that, because these rules are new, additional changes to the rules may need to be implemented outside of the four-year rule revision cycle set forth in Florida Rule of Judicial Administration 2.130. Consequently, we hereby grant to these committees a one-year extension beyond the time requirements of rule 2.130 for filing proposed revisions to the rules, forms, and appendices.

Accordingly, we reaffirm our adoption, effective January 1, 1996, of the amendments to the Florida Rules of Civil Procedure (attached to this opinion as appendix A) and the new Florida Family Law Rules of Procedure (attached to this opinion as appendix B), as provided in In re Family Law Rules of Procedure, 663 So.2d 1047 (Fla. 1995), and as modified herein. The comments to the rules *1054 are included for explanation and guidance only and are not adopted as an official part of the rules.

It is so ordered.

GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.

*1055 APPENDIX A

AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE

The Florida Rules of Civil Procedure are hereby amended as follows

(additions are underlined; deletions are struck-through):

RULE 1.010. SCOPE AND TITLE OF RULES

These rules apply to all actions of a civil nature and all special

statutory proceedings in the circuit courts and county courts except those

to which the Florida Probate Rules, the Florida Family Law Rules of

Procedure, or the Small Claims Rules apply. The form, content, procedure,

and time for pleading in all special statutory proceedings shall be as

prescribed by the statutes governing the proceeding unless these rules

specifically provide to the contrary. These rules shall be construed to

secure the just, speedy, and inexpensive determination of every action.

These rules shall be known as the Florida Rules of Civil Procedure and

abbreviated as Fla. R. Civ. P.

. . . .

RULE 1.360. EXAMINATION OF PERSONS

(a) Request; Scope.

(1) A party may request any other party to submit to, or to produce a

person in that other party's custody or legal control for, examination by a

qualified expert when the condition that is the subject of the requested

examination is in controversy.

(A) When the physical condition of a party or other person under

subdivision (a)(1) is in controversy, the request may be served on the

plaintiff without leave of court after commencement of the action, and on

any other person with or after service of the process and initial pleading

on that party. The request shall specify a reasonable time, place, manner,

conditions, and scope of the examination and the person or persons by whom

the examination is to be made. The party to whom the request is directed

shall serve a response within 30 days after service of the request, except

that a defendant need not serve a response until 45 days after service of

the process and initial pleading on that defendant. The court may allow a

shorter or longer time. The response shall state that the examination will

be permitted as requested unless the request is objected to, in which

event the reasons for the objection shall be stated.

(B) In cases where the condition in controversy is not physical, including

domestic relations and bastardy cases when the blood group is in issue, a

party may move for an examination by a qualified expert as in subdivision

(a)(1). The order for examination shall be made only after notice to the

person to be examined and to all parties, and shall specify the time, place,

manner, conditions, and scope of the examination and the person or persons

by whom it is to be made.

(2) An examination under this rule is authorized only when the party

submitting the request has good cause for the examination. At any hearing

the party submitting the request shall have the burden of showing good

cause.

(3) Upon request of either the party requesting the examination or the

party or person to be examined, the court may establish protective rules

governing such examination.

(b) Report of Examiner.

(1) If requested by the party to whom a request for examination or

against whom an order is made under subdivision (a)(1)(A) or (a)(1)(B) or

by the person examined, the party requesting the examination to be made

shall deliver to the other party a copy of a detailed written report of the

examiner setting out the examiner's findings, including results of all

tests made, diagnosis, and conclusions, with similar reports of all earlier

examinations of the

*1056

same condition. After delivery of the detailed written report, the party

requesting the examination to be made shall be entitled upon request to

receive from the party to whom the request for examination or against whom

the order is made a similar report of any examination of the same condition

previously or thereafter made, unless in the case of a report of

examination of a person not a party the party shows the inability to obtain

it. On motion, the court may order delivery of a report on such terms as

are just; and if an examiner fails or refuses to make a report, the court

may exclude the examiner's testimony if offered at the trial.

(2) By requesting and obtaining a report of the examination so ordered or

requested or by taking the deposition of the examiner, the party examined

waives any privilege that party may have in that action or any other

involving the same controversy regarding the testimony of every other

person who has examined or may thereafter examine that party concerning the

same condition.

(3) This subdivision applies to examinations made by agreement of the

parties unless the agreement provides otherwise. This subdivision does not

preclude discovery of a report of an examiner or taking the deposition of

the examiner in accordance with any other rule.

(c) Examiner as Witness. The examiner may be called as a

witness by any party to the action, but shall not be identified as

appointed by the court.

. . . .

RULE 1.491. CHILD SUPPORT ENFORCEMENT is deleted in its entirety (See new

Florida Family Law Rule of Procedure 1.492).

. . . .

RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other

parts of the record and errors therein arising from oversight or omission

may be corrected by the court at any time on its own initiative or on the

motion of any party and after such notice, if any, as the court orders.

During the pendency of an appeal such mistakes may be so corrected before

the record on appeal is docketed in the appellate court, and thereafter

while the appeal is pending may be so corrected with leave of the appellate

court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence;

Fraud; etc. On motion and upon such terms as are just, the court may

relieve a party or a party's legal representative from a final judgment,

decree, order, or proceeding for the following reasons: (1) mistake,

inadvertence, surprise, or excusable neglect; (2) newly discovered evidence

which by due diligence could not have been discovered in time to move for a

new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic

or extrinsic), misrepresentation, or other misconduct of an adverse party;

(4) that the judgment or decree is void; or (5) that the judgment or decree

has been satisfied, released, or discharged, or a prior judgment or decree

upon which it is based has been reversed or otherwise vacated, or it is no

longer equitable that the judgment or decree should have prospective

application. The motion shall be made within a reasonable time, and for

reasons (1), (2), and (3) not more than 1 year after the judgment, decree,

order, or proceeding was entered or taken, except that there shall be

no time limit for motions based on fraudulent financial affidavits in

marital cases. A motion under this subdivision does not affect the finality

of a judgment or decree or suspend its operation. This rule does not limit

the power of a court to entertain an independent action to relieve a party

from a judgment, decree, order, or proceeding or to set aside a judgment or

decree for fraud upon the court.

Writs of coram nobis, coram vobis, audita querela, and bills of review

and bills in the nature of a bill of review are abolished, and the

procedure for obtaining any relief from a judgment or decree shall be by

motion as prescribed in these rules or by an independent action.

. . . .

*1057

RULE 1.611. MARITAL AND POST-MARITAL PROCEEDINGS is deleted in its entirety

(See new Florida Family Law Rules of Procedure 12 .105, 12.285, and 12.611).

. . . .

RULE 1.740. FAMILY MEDIATION is deleted in its entirety (See new Florida

Family Law Rule of Procedure 1.740).

. . . .

FORM 1.918. LIS PENDENS

NOTICE OF LIS PENDENS

TO DEFENDANT ___________________________________, AND ALL OTHERS WHOM IT MAY

CONCERN:

YOU ARE NOTIFIED of the institution of this action by the plaintiff

against you seeking ("to foreclose a mortgage on" or "to partition" or "to

quiet title to" or "a divorce and relief concerning" or other type of

action) the following property in ________________ County, Florida:

(legal description of property)

DATED on ____________, 19__.

Attorney for __________________________

_______________________________________

_______________________________________

Address

Florida Bar No. _______________________

FORM 1.919. NOTICE OF ACTION; CONSTRUCTIVE SERVICE — NO PROPERTY

NOTICE OF ACTION

TO ___________________:

YOU ARE NOTIFIED that an action for ("dissolution of marriage" or

"construction of a will" or "re-establishment of a lost deed" or other type

of action) has been filed against you and you are required to serve a copy

of your written defenses, if any, to it on ________________, the plaintiff's

attorney, whose address is _______________, on or before ____________, 19__,

and file the original with the clerk of this court either before service on

the plaintiff's attorney or immediately thereafter; otherwise a default

will be entered against you for the relief demanded in the complaint or

petition.

DATED on ___________, 19__.

(Name of Clerk)

As Clerk of the Court

By

As Deputy Clerk

NOTE: This form must be modified to name the other defendants when there

are multiple defendants and all are not served under the same notice. See

section 49.08(1), Florida Statutes (1979).

. . . .

*1058

FORM 1.943. DISSOLUTION OF MARRIAGE is deleted in its entirety (See Family

Law Forms).

. . . .

FORM 1.975. FINANCIAL STATEMENT FOR DISSOLUTION OF MARRIAGE (DIVORCE) is

deleted in its entirety (see Family Law Forms).

. . . .

FORM 1.982. CONTEMPT NOTICE

MOTION AND NOTICE OF HEARING

TO: (name of attorney for party, or party if not represented)

YOU ARE NOTIFIED that plaintiff will apply to the Honorable ____________,

Circuit Judge, on ___________, 19__, at ____ m., in the _____________ County

Courthouse at _______________, Florida, for an order adjudging (defendant's

name) in contempt of court for violation of the terms of the order or

judgment entered by this court on ________, 19__, by failing to ___________,

and I certify that a copy hereof has been furnished to ________________ by

mail on ____________, 19__.

NOTE: If the violation is of another nature, tThe particular violation

must be inserted instead of failure to pay alimony in the motion and notice.

A separate motion is unnecessary.

. . . .

FORM 1.995. FINAL JUDGMENT DISSOLVING MARRIAGE is deleted in its entirety

(See Family Law Forms).

. . . .

FORM 7. MARRIAGE DISSOLUTION — INTERROGATORIES TO PARTY is deleted in

its entirety (See Family Law Forms).

APPENDIX B

NEW FLORIDA FAMILY LAW RULES OF PROCEDURE

RULE 12.000. PREFACE

These rules consist of two separate sections. Section I contains the

procedural rules governing family law matters and their commentary. Section

II contains forms, commentary, and appendices. The commentary and

appendices to the forms are included to assist litigants unrepresented by

counsel and do not, in and of themselves, constitute official rules or

commentary of the Florida Supreme Court.

Commentary

1995 Adoption. These rules were adopted after the Florida Supreme Court

determined that separate rules for family court procedure were necessary.

See In re Florida R. Fam. Ct. P., 607 So.2d 396 (Fla. 1992). The court

recognized that family law cases are different from other civil matters,

emphasizing that the 1993 creation of family divisions in the circuit

courts underscored the differences between family law matters and other

civil matters. In adopting the family law rules, the court stressed the

need for simplicity due to the large number of pro se litigants (parties

without counsel) in family law matters. In an effort to assist the many pro

se litigants in this field, the court has included simplified forms and

instructional commentary in these rules. See Section II. The instructional

commentary to the forms refers to these rules or the Florida Rules of Civil

Procedure, where applicable.

*1059

The forms originally were adopted by the court pursuant to Family Law

Rules of Procedure, ___ So.2d ___ (Fla. 1995); In re Petition for

Approval of Forms Pursuant to Rule 10-1.1(b) of the Rules Regulating The

Florida Bar — Stepparent Adoption Forms, 613 So.2d 900 (Fla. 1992); Rules

Regulating The Florida Bar — Approval of Forms, 581 So.2d 902 (Fla. 1991).

SECTION I

FAMILY LAW RULES OF PROCEDURE

RULE 12.005. TRANSITION RULE

These rules shall apply to all family law cases effective January 1, 1996.

Any action taken in a family law case before January 1, 1996, that

conformed to the then-effective rules or statutes governing family law

cases, will be regarded as valid during the pendency of the litigation.

Commentary

1995 Adoption. This rule provides for an effective date of January 1,

1996, for these Florida Family Law Rules of Procedure. Under this rule, any

action taken in a family law matter before January 1, 1996, will be

regarded as valid during the pendency of the litigation so long as that

action was taken in accordance with the then-effective rules or statutes

governing family law cases. Any action taken after January 1, 1996, in new

or pending family law cases will be governed by these rules.

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RULE 12.010. SCOPE, PURPOSE, AND TITLE

(a) Scope.

(1) These rules apply to all actions concerning family matters, including

actions concerning domestic and repeat violence, except as otherwise

provided by the Florida Rules of Juvenile Procedure or the Florida Probate

Rules. "Family matters," "family law matters," or "family law cases" as

used within these rules include, but are not limited to, matters arising

from dissolution of marriage, annulment, support unconnected with

dissolution of marriage, paternity, child support, custodial care of or

access to children (except as otherwise provided by the Florida Rules of

Juvenile Procedure), adoption, proceedings for emancipation of a minor,

declaratory judgment actions related to premarital, marital, or

post-marital agreements (except as otherwise provided, when applicable, by

the Florida Probate Rules), injunctions for domestic and repeat violence,

and all proceedings for modification, enforcement, and civil contempt of

these actions.

(2) The form, content, procedure, and time for pleading in all special

statutory proceedings shall be as prescribed by the statutes governing the

proceeding unless these rules or the Florida Rules of Civil Procedure,

where applicable, specifically provide to the contrary. All actions

governed by these rules also shall be governed by the Florida Evidence Code,

which shall govern in cases where a conflict with these rules may occur.

(b) Purpose.

(1) These rules shall be construed to secure the just, speedy, and

inexpensive determination of the procedures covered by them and shall be

construed to secure simplicity in procedure and fairness in administration.

(2) Nothing shall prohibit any intake personnel in family law divisions

from assisting in the preparation of papers or forms to be filed in any

action under these rules.

(c) Title. These rules shall be known as the Florida Family Law Rules of

Procedure and abbreviated as Fla. Fam. L.R.P.

------------------------------------------------------------------------

*1060

RULE 12.020. APPLICABILITY OF FLORIDA RULES OF CIVIL PROCEDURE

The Florida Rules of Civil Procedure are applicable in all family law

matters except as otherwise provided in these rules. These rules shall

govern in cases where a conflict with the Florida Rules of Civil Procedure

may occur. Whenever the Florida Rules of Civil Procedure apply to family

matters, the use of the words plaintiff, defendant, and complaint within the

context of the civil rules shall be interchangeable, where appropriate,

with the words, petitioner, respondent, and petition, respectively.

Commentary

1995 Adoption. To avoid confusion among members of the bar who practice

in both family law and civil law areas, it is intended that as much

uniformity as possible be maintained between the Florida Family Law Rules

of Procedure and the Florida Rules of Civil Procedure. To assist in this

effort, the Florida Supreme Court determined that the Florida Rules of

Civil Procedure were to apply except as set forth herein. Exceptions and

additions to the Florida Rules of Civil Procedure are contained in Florida

Family Law Rules of Procedure that are numbered to correspond to their

civil rule counterparts. For example, exceptions to Florida Rule of Civil

Procedure 1.080 are contained in Florida Family Law Rule of Procedure

12.080.

RULE 12.030. NONVERIFICATION OF PLEADINGS

Verification of pleadings shall be governed by Florida Rule of Civil

Procedure 1.030.

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RULE 12.050. WHEN ACTION COMMENCED

Commencement of actions shall be governed by Florida Rule of Civil

Procedure 1.050.

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RULE 12.060. TRANSFERS OF ACTIONS

Transfers of actions shall be governed by Florida Rule of Civil Procedure

1.060.

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RULE 12.070. PROCESS

(a) Family Law Actions Generally. Service of process upon the

commencement of all family law actions except domestic and repeat violence

shall be as set forth in Florida Rule of Civil Procedure 1.070, except that

summons, cross-claim summons, and third-party summons in family law matters

shall be patterned after Florida Family Law Form 12.910(a) and shall

specifically contain the following language:

WARNING: Rule 12.285, Florida Family Law Rules of Procedure, requires

certain automatic disclosure of documents and information. Failure to

comply can result in sanctions, including dismissal or striking of

pleadings.

(b) Domestic and Repeat Violence Injunctions. Service of process

regarding domestic and repeat violence actions shall be governed by Florida

Family Law Rule of Procedure 12.610.

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RULE 12.080. SERVICE OF PLEADINGS AND PAPERS

(a) Service.

(1) Family Law Actions Generally. Service of pleadings and papers after

commencement of all family law actions except domestic and repeat violence

shall be as set forth in

*1061

Florida Rule of Civil Procedure 1.080, except that rule 1.080 shall be

expanded as set forth in subdivisions (b) and (c) to include additional

requirements for service of recommended orders and for service on defaulted

parties.

(2) Domestic and Repeat Violence Actions. Service of pleadings and papers

regarding domestic and repeat violence actions shall be governed by Florida

Family Law Rule of Procedure 12.610.

(b) Service and Preparation of Orders and Judgments.

(1) Family Law Actions Generally. A copy of all orders or judgments

involving family law matters except domestic and repeat violence shall be

transmitted by the court or under its direction to all parties at the time

of entry of the order or judgment. The court may requires that recommended

orders, orders, or judgments be prepared by a party. If the court requires

that a party prepare the recommended order, order, or judgment, the party

shall furnish the court with stamped, addressed envelopes to all parties

for service of the recommended order, order, or judgment. The court also

may require that any proposed recommended order, order, or judgment that is

prepared by a party be furnished to all parties no less than 24 hours

before submission to the court of the recommended order, order, or judgment.

(2) Domestic and Repeat Violence Actions. Service and preparation of

orders and judgments involving domestic and repeat violence shall be

governed by Florida Family Law Rule of Procedure 12.610.

(c) Defaulted Parties. No service need be made on parties against whom a

default has been entered, except that:

(1) Pleadings asserting new or additional claims against defaulted parties

shall be served in the manner provided for service of summons contained in

Florida Rule of Civil Procedure 1.070.

(2) Notice of final hearings or trials and court orders shall be served on

defaulted parties in the manner provided for service of pleadings and

papers contained in Florida Rule of Civil Procedure 1.080.

(3) Final judgments shall be served on defaulted parties as set forth in

Florida Rule of Civil Procedure 1.080(h)(2).

Commentary

1995 Adoption. This rule provides that the procedure for service shall

be as set forth in Florida Rule of Civil Procedure 1.080 with the following

exceptions or additions to that rule. First, subdivision (b) corresponds to

and replaces subdivision (h)(1) of rule 1.080 and expands the rule to

include recommended orders. Second, this rule expands items that must be

served on defaulted parties to ensure that defaulted parties are at least

minimally advised of the progress of the proceedings. This rule is not

intended to require the furnishing of a proposed recommended order,

proposed order, or proposed final judgment to a defaulted party.

------------------------------------------------------------------------

RULE 12.090. TIME

Time shall be governed by Florida Rule of Civil Procedure 1.090.

------------------------------------------------------------------------

RULE 12.100. PLEADINGS AND MOTIONS

Pleadings and motions shall be governed by Florida Rule of Civil Procedure

1.100.

*1062

Commentary

1995 Adoption. This rule provides that pleadings and motions are to be

governed by Florida Rule of Civil Procedure 1.100. The cover sheets and

disposition forms described in that rule shall be the same cover sheets and

disposition forms used in family law proceedings.

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RULE 12.105. SIMPLIFIED DISSOLUTION PROCEDURE

(a) Requirements for Use. The parties to the dissolution may file a

petition for simplified dissolution if they certify under oath that

(1) there are no minor or dependent children of the parties and the wife

is not now pregnant;

(2) the parties have made a satisfactory division of their property and

have agreed as to payment of their joint obligations; and

(3) the other facts set forth in Florida Family Law Form 12.901(a)

(Petition for Simplified Dissolution of Marriage) are true.

(b) Consideration by Court. The clerk shall submit the petition to the

court. The court shall consider the cause expeditiously. The parties shall

appear before the court in every case and, if the court so directs, testify.

The court, after examination of the petition and personal appearance of the

parties, shall enter a judgment granting the dissolution (Florida Family

Law Form 12.990(a)) if the requirements of this rule have been established

and there has been compliance with the waiting period required by statute.

(c) Financial Affidavit and Settlement Agreement. The parties must each

file a financial affidavit (Family Law Form 12.901(d) or 12.901(e)), and a

marital settlement agreement (Family Law Form 12.901(h)).

(d) Final Judgment. Upon the entry of the judgment, the clerk shall

furnish to each party a certified copy of the final judgment of dissolution,

which shall be in substantially the form provided in Family Law Form

12.990(a).

(e) Forms. The clerk or family law intake personnel shall provide forms

for the parties whose circumstances meet the requirements of this rule and

shall assist in the preparation of the petition for dissolution and other

papers to be filed in the action.

Commentary

1995 Adoption. This rule was previously contained in Florida Rule of

Civil Procedure 1.611, which included several unrelated issues. Those issues

are now governed by separate family law rules for automatic disclosure,

central governmental depository, and this rule for simplified dissolution

procedure. Under this rule, the parties must file a financial affidavit

(Family Law Form 12.901(d) or 12.901(e)), depending on their income and

expenses and a marital settlement agreement (Family Law Form 12.901(h)).

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RULE 12.110. GENERAL RULES OF PLEADING

The general rules of pleading in Florida Rule of Civil Procedure 1.110

shall apply to these proceedings except that proceedings to modify a final

judgment in a family law matter shall be initiated only pursuant to rule

1.110(h) and not by motion.

Commentary

1995 Adoption. This rule clarifies that final judgment modifications must

be initiated pursuant to a supplemental petition as set forth in rule

1.110(h), rather than through a

*1063

motion. Rule 1.110(h) is to be interpreted to require service of process on

a supplemental petition as set forth in Florida Family Law Rule of Procedure

12.070.

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RULE 12.120. PLEADING SPECIAL MATTERS

Pleading of special matters shall be governed by Florida Rule of Civil

Procedure 1.120.

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RULE 12.130. DOCUMENTS SUPPORTING ACTION OR DEFENSE

Attachment of documents supporting an action or defense shall be governed

by Florida Rule of Civil Procedure 1.130.

------------------------------------------------------------------------

RULE 12.140. DEFENSES

Defenses shall be governed by Florida Rule of Civil Procedure 1.140.

------------------------------------------------------------------------

RULE 12.150. SHAM PLEADINGS

Sham pleadings shall be governed by Florida Rule of Civil Procedure 1.150.

------------------------------------------------------------------------

RULE 12.160. MOTIONS

Motions shall be governed by Florida Rule of Civil Procedure 1.160.

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RULE 12.170. CROSSCLAIMS

Crossclaims shall be governed by Florida Rule of Civil Procedure 1.170.

------------------------------------------------------------------------

RULE 12.180. THIRD-PARTY PRACTICE

Third-party practice shall be governed by Florida Rule of Civil Procedure

1.180.

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RULE 12.190. AMENDED AND SUPPLEMENTAL PLEADINGS

Amended and supplemental pleadings shall be governed by Florida Rule of

Civil Procedure 1.190.

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RULE 12.200. CASE MANAGEMENT AND PRETRIAL CONFERENCES

(a) Case Management Conference. A case management conference may be

ordered by the court at any time on the court's initiative. A party may

request a case management conference 30 days after service of a petition or

complaint. At such a conference the court may:

(1) schedule or reschedule the service of motions, pleadings, and other

papers;

(2) set or reset the time of trials, subject to rule 12.440;

(3) coordinate the progress of the action if complex litigation factors

are present;

*1064

(4) limit, schedule, order, or expedite discovery;

(5) schedule disclosure of expert witnesses and the discovery of facts

known and opinions held by such experts;

(6) schedule or hear motions related to admission or exclusion of

evidence;

(7) pursue the possibilities of settlement;

(8) require filing of preliminary stipulations if issues can be narrowed;

(9) refer issues to a master for findings of fact, if consent is obtained

as provided in rules 12.490 and 12.492 and if no significant history or

domestic or repeat violence that would compromise the process is involved

in the case;

(10) refer the parties to mediation if no significant history or domestic

or repeat violence that would compromise the mediation process is involved

in the case and consider allocation of expenses related to the referral; or

refer the parties to counseling if no significant history of domestic or

repeat violence that would compromise the process is involved in the case

and consider allocation of expenses related to the referral;

(11) coordinate voluntary binding arbitration consistent with Florida law

if no significant history of domestic or repeat violence that would

compromise the process is involved in the case;

(12) appoint court experts and allocate the expenses for the appointments;

(13) refer the cause for a home study or psychological evaluation and

allocate the initial expense for that study;

(14) appoint an attorney or guardian ad litem for a minor child or

children if required and allocate the expense of the appointment; and

(15) schedule other conferences or determine other matters that may aid in

the disposition of the action.

(b) Pretrial Conference. After the action is at issue the court itself

may or shall on the timely motion of any party require the parties to appear

for a conference to consider and determine:

(1) proposed stipulations and the simplification of the issues;

(2) the necessity or desirability of amendments to the pleadings;

(3) the possibility of obtaining admissions of fact and of documents that

will avoid unnecessary proof;

(4) the limitation of the number of expert witnesses; and

(5) any matters permitted under subdivision (a) of this rule.

(c) Notice. Reasonable notice shall be given for a case management

conference, and 20 days' notice shall be given for a pretrial conference.

On failure of a party to attend a conference, the court may dismiss the

action, strike the pleadings, limit proof or witnesses, or take any other

appropriate action. Any documents that the court requires for any conference

shall be specified in the order. Orders setting pretrial conferences shall

be uniform throughout the territorial jurisdiction of the court.

*1065

(d) Case Management and Pretrial Order. The court shall make an order

reciting the action taken at a conference and any stipulations made. The

order shall control the subsequent course of the action unless modified to

prevent injustice.

Commentary

1995 Adoption. This rule addresses issues raised by decisions such as

Dralus v. Dralus, 627 So.2d 505 (Fla. 2d DCA 1993); Wrona v. Wrona,

592 So.2d 694 (Fla. 2d DCA 1991); and Katz v. Katz, 505 So.2d 25

(Fla. 4th DCA 1987), regarding the cost of marital litigation. This rule

provides an orderly method for the just, speedy, and inexpensive

determination of issues and promotes amicable resolution of disputes.

This rule replaces and substantially expands Florida Rule of Civil

Procedure 1.200 as it pertained to family law matters. Under this rule, a

court may convene a case management conference at any time and a party may

request a case management conference 30 days after service of a petition or

complaint. The court may consider the following additional items at the

conference: motions related to admission or exclusion of evidence, referral

of issues to a master if consent is obtained pursuant to the rules,

referral of the parties to mediation, referral of the parties to

counseling, coordination of voluntary binding arbitration, appointment of

court experts, referral of the cause for a home study psychological

evaluation, and appointment of an attorney or guardian ad litem for a minor

child.

------------------------------------------------------------------------

RULE 12.210. PARTIES

Parties to an action filed under the Florida Family Law Rules of Procedure

shall be governed by Florida Rule of Civil Procedure 1.210, except that

rule 1.210 shall not be read to require that a child is an indispensable

party for a dissolution of marriage or child custody proceeding.

------------------------------------------------------------------------

RULE 12.230. INTERVENTIONS

Interventions shall be governed by Florida Rule of Civil Procedure 1.230.

------------------------------------------------------------------------

RULE 12.240. INTERPLEADER

Interpleaders shall be governed by Florida Rule of Civil Procedure 1.240.

------------------------------------------------------------------------

RULE 12.250. MISJOINDER AND NONJOINDER OF PARTIES

Misjoinder and nonjoinder of parties shall be governed by Florida Rule of

Civil Procedure 1.250.

------------------------------------------------------------------------

RULE 12.260. SURVIVOR; SUBSTITUTION OF PARTIES

Survivors and the substitution of parties shall be governed by Florida

Rule of Civil Procedure 1.260.

------------------------------------------------------------------------

RULE 12.270. CONSOLIDATION; SEPARATE TRIALS

Consolidation or separation of trials shall be governed by Florida Rule of

Civil Procedure 1.270.

------------------------------------------------------------------------

*1066

RULE 12.280. GENERAL PROVISIONS GOVERNING DISCOVERY

Florida Rule of Civil Procedure 1.280 shall govern general provisions

concerning discovery in family law matters with the following exceptions:

(a) Supplementing of Responses. A party is under a duty to amend a prior

response or disclosure if the party:

(1) obtains information or otherwise determines that the prior response or

disclosure was incorrect when made;

(2) obtains information or otherwise determines that the prior response or

disclosure, although correct when made, is no longer materially true or

complete.

(b) Time for Filing Supplemental Responses. Any supplemental response

filed pursuant to this rule shall be filed as soon as possible after

discovery of the incorrect information or change, but in no case shall the

supplemental response be filed later than 24 hours before any applicable

hearing absent a showing of good cause.

(c) Documents Considered Confidential. A determination as to the

confidentiality of a court record shall be made in accordance with Florida

Rule of Judicial Administration 2.051.

(d) Sealing of Records. Records found to be confidential under Florida

Rule of Judicial Administration 2.051 shall be sealed on request of a party.

Commentary

1995 Adoption. Florida Rule of Civil Procedure 1.280 is to govern the

general discovery provisions in family law matters with the exceptions set

forth above. Subdivision (a) of this rule alters rule 1.280(e) by placing a

duty on parties in family law matters to supplement responses. Under rule

1.280(e), no supplemental response is required. Subdivisions (b), (c), and

(d) of this rule are in addition to the general requirements of rule 1.280

and have no counterparts in the Rules of Civil Procedure. Subdivisions (c)

and (d) have been implemented in recognition of the fact that family law

cases often involve sensitive information that should be deemed

confidential under Florida Rule of Judicial Administration 2.051. For

instance, financial records filed may contain information regarding a

family business, which, if public, could provide competitors with an

advantage and adversely affect the family business.

------------------------------------------------------------------------

RULE 12.285. MANDATORY DISCLOSURE

(a) Application.

(1) Scope. This rule shall apply to all proceedings within the scope of

these rules except proceedings involving adoption, simplified dissolution,

enforcement, contempt, and injunctions for domestic or repeat violence.

Additionally, no financial affidavit or other documents shall be required

under this rule from a party seeking attorneys' fees, suit money, or costs,

if the basis for the request is solely under section 57.105, Florida

Statutes, or any successor statute. Except for the provisions as to

financial affidavits, any portion of this rule may be modified by order of

the court or agreement of the parties.

(2) Original and Duplicate Copies. Unless otherwise agreed by the parties

or ordered by the court, copies of documents required under this rule may be

produced in lieu of originals. Originals, when available, shall be produced

for inspection upon request. Parties shall not be required to serve

duplicates of documents previously served.

(b) Time for Production of Documents.

(1) Temporary Financial Hearings. Any document required under this rule

in any temporary financial relief proceeding shall be served on the other

party for inspection and copying as follows.

*1067

(A) The party seeking relief shall serve the required documents on the

other party with the notice of temporary financial hearing, unless the

documents have been served under subdivision (b)(2) of this rule.

(B) The responding party shall serve the required documents on the party

seeking relief on or before 5:00 p.m., 2 business days before the day of

the temporary financial hearing if served by delivery or 7 days before the

day of the temporary financial hearing if served by mail, unless the

documents have been received previously by the party seeking relief under

subdivision (b)(2) of this rule. A responding party shall be given no less

than 12 days to serve the documents required under this rule, unless

otherwise ordered by the court. If the 45-day period for exchange of

documents provided for in subdivision (b)(2) of this rule will occur before

the expiration of the 12 days, the provisions of subdivision (b)(2) control.

(2) Initial and Supplemental Proceedings. Any document required under

this rule for any initial or supplemental proceeding shall be served on the

other party for inspection and copying within 45 days of service of the

initial pleading on the respondent.

(c) Parties Whose Annual Income and Expenses Are Less Than $50,000. Any

party whose gross annual income from all sources is less than $50,000 and

whose total annual expenses are less than $50,000 shall be required to

serve the following documents in any proceeding for an initial or

supplemental request for temporary or 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) A financial affidavit in substantial conformity with Family Law Form

12.901(d), which requirement cannot be waived by the parties.

(2) All federal and state income tax returns, gift tax returns, and

intangible personal property tax returns filed by the party or on the

party's behalf for the past three years.

(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax

return for that year has not been prepared.

(4) Pay stubs or other evidence of earned income for the 3 months prior to

service of the financial affidavit.

(5) A statement by the producing party identifying the amount and source

of all income received from any source during the 3 months preceding the

service of the financial affidavit required by this rule if not reflected

on the pay stubs produced.

(6) All loan applications and financial statements prepared or used within

the 3 years preceding service of that party's financial affidavit required

by this rule, whether for the purpose of obtaining or attempting to obtain

credit or for any other purpose.

(d) Parties Whose Annual Income or Expenses Are Equal To or Exceed

$50,000. Any party whose gross annual income from all sources is equal to

or exceeds $50,000 or whose total annual expenses are equal to or exceed

$50,000 shall be required to serve the documents on the other party as

follows.

(1) Temporary Financial Relief. In any proceeding for temporary financial

relief, the following documents shall be served on the other party:

(A) A financial affidavit in substantial conformity with Family Law Form

12.901(e), which requirement cannot be waived by the parties.

(B) All federal and state income tax returns, gift tax returns, and

intangible personal property tax returns filed by the party or on the

party's behalf for the past 3 years.

(C) IRS forms W-2, 1099, and K-1 for the past year, if the income tax

return for that year has not been prepared.

*1068

(D) Pay stubs or other evidence of earned income for the 3 months prior to

service of the financial affidavit.

(E) A statement by the producing party identifying the amount and source

of all income received from any source during the 3 months preceding the

service of the financial affidavit required by this rule if not reflected

on the pay stubs produced.

(F) All loan applications and financial statements prepared or used

within the 3 years preceding service of that party's financial affidavit

required by this rule, whether for the purpose of obtaining or attempting

to obtain credit or for any other purpose.

(G) Corporate, partnership, and trust tax returns for the last tax year,

if the producing party has an interest in a corporation, partnership, or

trust greater than or equal to 30%.

(2) Initial Proceedings. In any initial proceeding 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, the following documents shall be served on the

other party:

(A) All documents listed in subdivision (d)(1).

(B) The answers to interrogatories found in Family Law Form 12.930(b).

(C) All documents showing reimbursed expenses and in-kind payments that

reduce the party's personal living expenses that were received by or made

available to the party for the last 3 years.

(D) All deeds, mortgages, promissory notes, and closing statements

pertaining to real estate in which the party owns or owned an interest

within the last 3 years, whether held in the party's name individually, in

the party's name jointly with any other person, in the party's name as

trustee or guardian for any other person, or in someone else's name on the

party's behalf.

(E) All periodic statements and passbooks from the last 3 years for all

checking accounts, savings accounts, money market funds, certificates of

deposit, and credit union accounts (regardless of whether or not the

account has been closed), including those held in the party's name

individually, in the party's name jointly with any other person or entity,

in the party's name as trustee or guardian for any other person, or in

someone else's name on the party's behalf.

(F) All brokerage account statements in which either party to this action

held within the last 3 years or holds an interest including those held in

the party's name individually, in the party's name jointly with any person

or entity, in the party's name as trustee or guardian for any other person,

or in someone else's name on the party's behalf.

(G) All title certificates, lease agreements, and registration

certificates for all motor vehicles, boats, airplanes, and any other

vehicle requiring registration that the party regularly uses, owns, or

owned in the last 3 years.

(H) The most recent statement for any profit sharing, retirement, or

pension plan in which the party is a participant or alternate payee and the

summary plan description for any retirement, profit sharing, or pension

plan in which the party is a participant or an alternate payee (The summary

plan description must be furnished to the party on request by the plan

administrator as required by 29 U.S.C. § 1024 (b)(4).)

(I) All documents pertaining to any money owed to the party or spouse.

(J) All life insurance policies insuring the party's life or the life of

the party's spouse.

*1069

(K) Corporate, partnership, and trust tax returns for the last 3 years if

the party has an ownership or interest in a corporation, partnership, or

trust greater than or equal to 30%.

(L) Periodic statements, amortization schedules, or other records showing

the party's indebtedness as of the date of the filing of this action and

for the last 3 years.

(M) All written premarital or marital agreements entered into at any time

between the parties to this marriage, whether before or during the marriage.

(N) All documents and tangible evidence supporting the producing party's

claim of special equity or nonmarital status of an asset or debt for the

time period from the date of acquisition of the asset or debt to the date

of production or from the date of marriage, if based on premarital

acquisition.

(O) Any court orders directing a party to pay or receive spousal or child

support.

(3) Supplemental Proceedings. In any temporary or permanent supplemental

proceeding regarding financial relief, documents shall be produced as set

forth in subdivisions (d)(1) and (d)(2), respectively and shall be served

as set forth in subdivision (b)(1). Additionally, in any modification

proceeding, each party shall serve on the opposing party all written

agreements entered into between them at any time since the order to be

modified was entered.

(e) Duty to Supplement Disclosure; Amended Financial Affidavit.

(1) Parties have a continuing duty to supplement documents described in

this rule, including financial affidavits, whenever a material change in

their financial status occurs.

(2) If an amended financial affidavit or an amendment to a financial

affidavit is served, the amending party also shall serve any subsequently

discovered or acquired documents supporting the amendments to the financial

affidavit if the party falls within the provisions of subdivision (d).

(f) Sanctions. Any document to be produced under this rule that

is served on the opposing party fewer than 24 hours before a nonfinal

hearing or in violation of the court's pretrial order shall not be

admissible in evidence at that hearing unless the court finds good cause for

the delay. In addition, the court may impose other sanctions authorized by

rule 12.380 as may be equitable under the circumstances. The court may also

impose sanctions upon the offending lawyer in lieu of imposing sanctions on

a party.

(g) Objections to Mandatory Automatic Disclosure. Objections to

the mandatory automatic disclosure required by this rule shall be served in

writing at least 5 days prior to the due date for the disclosure or the

objections shall be deemed waived. For good cause shown, the court may

extend the time for the filing of an objection or permit the filing of an

otherwise untimely objection.

(h) Certificate of Compliance. All parties subject to automatic mandatory

disclosure shall file with the court a certificate of compliance identifying

with particularity the documents which have been delivered and certifying

the date of service of the financial affidavit and documents by that party.

(i) Place of Production.

(1) Unless otherwise agreed by the parties or ordered by the court, all

production required by this rule shall take place in the county where the

action is pending and in the office of the attorney for the party receiving

production. Unless otherwise agreed by the parties or ordered by the court,

if a party does not have an attorney or if the attorney does not have an

office in the county where the action is pending, production shall take

place in the county where the action is pending at a place designated in

writing by the party receiving production, served at least 5 days before

the due date for production.

*1070

(2) If venue is contested, on motion by a party the court shall designate

the place where production will occur pending determination of the venue

issue.

Commentary

1995 Adoption. This rule creates a procedure for automatic

financial disclosure in family law cases. By requiring production at an

early stage in the proceedings, it is hoped that the expense of litigation

will be minimized. See Dralus v. Dralus, 627 So.2d 505 (Fla. 2d DCA 1993);

Wrona v. Wrona, 592 So.2d 694 (Fla. 2d DCA 1991); and Katz v. Katz,

505 So.2d 25 (Fla. 4th DCA 1987). A limited number of requirements have been

placed upon parties making and spending less than $50,000 annually unless

otherwise ordered by the court. In cases where the income or expenses of a

party are equal to or exceed $50,000 annually, the requirements are much

greater. Except for the provisions as to financial affidavits, any portion

of this rule may be modified by agreement of the parties or by order of the

court. For instance, upon the request of any party or on the court's own

motion, the court may order that the parties to the proceeding comply with

some or all of the automatic mandatory disclosure provisions of this rule

even though the parties do not meet the income requirements set forth in

subdivision (d). Additionally, the court may, on the motion of a party or on

its own motion, limit the disclosure requirements in this rule should it

find good cause for doing so.

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RULE 12.290. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

Depositions before an action or pending an appeal shall be governed by

Florida Rule of Civil Procedure 1.290.

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RULE 12.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

Provisions regarding who may take depositions shall be governed by Florida

Rule of Civil Procedure 1.300.

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RULE 12.310. DEPOSITIONS UPON ORAL EXAMINATION

Depositions upon oral examination shall be governed by Florida Rule of

Civil Procedure 1.310.

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RULE 12.320. DEPOSITIONS UPON WRITTEN QUESTIONS

Depositions upon written questions shall be governed by Florida Rule of

Civil Procedure 1.320.

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RULE 12.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS

Use of depositions in court proceedings shall be governed by Florida Rule

of Civil Procedure 1.330.

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RULE 12.340. INTERROGATORIES TO PARTIES

Interrogatories to parties shall be governed generally by Florida Rule of

Civil Procedure 1.340, with the following exceptions.

(a) Initial Interrogatories. Initial interrogatories to parties shall be

those set forth in Family Law Form 12.930(b). Parties governed by the

mandatory disclosure requirements of

*1071

rule 12.285(d) (income or expenses of $50,000 or more) shall automatically

submit the answers to those interrogatories as provided in that rule.

Parties governed by the mandatory disclosure requirements of rule 12.285(c)

(income and expenses under $50,000), may serve the interrogatories set

forth in Family Law Form 12.930(b) as set forth in rule 1.340.

(b) Additional Interrogatories. Ten interrogatories, including subparts,

may be sent to a party in addition to the standard interrogatories contained

in Family Law Form 12.930(b). A party must obtain permission of the court to

send more than ten additional interrogatories.

Commentary

1995 Adoption. For parties governed under the disclosure requirements of

rule 12.285(d) (income or expenses of $50,000 or more), the answers to the

interrogatories contained in Form 12.930(b) must be automatically served on

the other party. For parties governed under the disclosure requirements of

rule 12.285(c) (income and expenses under $50,000), the service of the

interrogatories contained in Form 12.930(b) is optional as provided in

Florida Rule of Civil Procedure 1.340. Additionally, under this rule, 10

additional interrogatories, including subparts, may be submitted beyond

those contained in Family Law Form 12.930(b). Leave of court is required to

exceed 10 additional interrogatories. The provisions of Florida Rule of

Civil Procedure 1.340 are to govern the procedures and scope of the

additional interrogatories.

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RULE 12.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON

LAND FOR INSPECTION AND OTHER PURPOSES

Production of documents and things and entry upon land for inspection and

other purposes shall be governed by Florida Rule of Civil Procedure 1.350.

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RULE 12.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION

Production of documents and things without deposition shall be governed by

Florida Rule of Civil Procedure 1.351.

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RULE 12.360. EXAMINATION OF PERSONS

Florida Rule of Civil Procedure 1.360 shall govern general provisions

concerning the examination of persons in family law matters, except that

examinations permitted under rule 1.360(a)(1) may include, but are not

limited to, examinations involving physical or mental condition,

employability or vocational testing, genetic testing, or any other type of

examination related to a matter in controversy.

Commentary

1995 Adoption. This rule expands Florida Rule of Civil Procedure 1.360 to

specify common examinations in family law matters, but this rule is not

intended to be an exclusive list of allowable examinations. Rule 1.360

should be interpreted to discourage subjecting children to multiple

interviews, testing, and evaluations.

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RULE 12.370. REQUESTS FOR ADMISSION

Requests for admission shall be governed by Florida Rule of Civil

Procedure 1.370.

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*1072

RULE 12.380. FAILURE TO MAKE DISCOVERY; SANCTIONS

Florida Rule of Civil Procedure 1.380 shall govern the failure to make

discovery in family law matters and related sanctions, with the following

addition. A party may apply for an order compelling discovery in the manner

set forth in rule 1.380 for the failure of any person to comply with any

discovery request or requirement under the family law rules, including, but

not limited to, the failure to comply with Florida Family Law Rule of

Procedure 12.285.

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RULE 12.390. DEPOSITIONS OF EXPERT WITNESSES

Depositions of expert witnesses shall be governed by Florida Rule of Civil

Procedure 1.390.

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RULE 12.400. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

(a) Closure of Proceedings or Records. Closure of court proceedings or

sealing of records may be ordered by the court only as provided by Rule of

Judicial Administration 2.051.

(b) In Camera Inspection. The court shall conduct an in camera inspection

of any records sought to be sealed and consider the contents of the records

in determining whether they should be sealed.

Commentary

1995 Adoption. Judicial proceedings and records should be public except

when substantial compelling circumstances, especially the protection of

children or of business trade secrets, require otherwise. Family law

matters frequently present such circumstances. It is intended that this

rule be applied to protect the interests of minor children from offensive

testimony and to protect children in a divorce proceeding.

------------------------------------------------------------------------

RULE 12.407. TESTIMONY AND ATTENDANCE OF MINOR CHILD

No minor child shall be deposed or brought to a deposition, brought to

court to appear as a witness or to attend a hearing, or subpoenaed to

appear at a hearing without prior order of the court based on good cause

shown unless in an emergency situation. This provision shall not apply to

uncontested adoption proceedings.

Commentary

1995 Adoption. This rule is intended to afford additional protection to

minor children by avoiding any unnecessary involvement of children in family

law litigation. While due process considerations prohibit an absolute ban

on child testimony, this rule requires that a judge determine whether a

child's testimony is necessary and relevant to issues before the court

prior to a child being required to testify.

------------------------------------------------------------------------

RULE 12.410. SUBPOENA

Subpoenas shall be governed by Florida Rule of Civil Procedure 1.410.

------------------------------------------------------------------------

RULE 12.420. DISMISSAL OF ACTIONS

Dismissal of actions shall be governed by Florida Rule of Civil Procedure

1.420, with the following two exceptions.

(a) Voluntary Dismissal. Unless otherwise specified in a notice or

stipulation, a voluntary dismissal shall be without prejudice and shall not

operate as an adjudication on the merits.

*1073

(b) Costs. Costs shall be assessed as provided in rule 1.420(d), except

that the court shall not require the payment of costs of a previously

dismissed claim, which was based upon or included the same claim against

the same adverse party as the current action.

Commentary

1995 Adoption. Subdivision (a), which amends Florida Rule of Civil

Procedure 1.420(a)(1), was added to eliminate the language of that

subdivision which reads "except that a notice of dismissal operates as an

adjudication on the merits when served by a plaintiff who has once

dismissed in any court an action based on or including the same claim" and

to specifically provide to the contrary. Subdivision (b), which amends rule

1.420(d), was added to prevent the discouragement of reconciliation.

------------------------------------------------------------------------

RULE 12.430. DEMAND FOR JURY TRIAL; WAIVER

Demands for and waivers of jury trial shall be governed by Florida Rule of

Civil Procedure 1.430.

------------------------------------------------------------------------

RULE 12.431. TRIAL JURY

Trials by jury shall be governed by Florida Rule of Civil Procedure 1.431.

------------------------------------------------------------------------

RULE 12.440. SETTING ACTION FOR TRIAL

Florida Rule of Civil Procedure 1.440 shall govern general provisions

concerning setting an action for trial in family law matters, with the

following exceptions and additions.

(a) Setting for Trial. If the court finds the action ready to be set for

trial, it shall enter an order setting the action for trial, fixing a date

for trial, and setting a pretrial conference, if necessary. In the event a

default has been entered, reasonable notice of not less than 10 days shall

be given unless otherwise required by law. Trial shall be set within a

reasonable time from the service of the notice for trial. At the pretrial

conference, the parties should be prepared, consistent with Florida Family

Law Rule of Procedure 12.200, to present any matter that will prepare the

parties for trial and that can expedite the resolution of the case. The

trial court may also direct the parties to reciprocally exchange and file

with the court all documents relative to the outcome of the case; a list of

all witnesses, all issues to be tried, and all undisposed motions; an

estimate of the time needed to try the case; and any other information the

court deems appropriate. This information should be served and filed no

later than 72 hours before the pretrial conference or 30 days before the

trial.

(b) Sanctions. The failure to comply with the requirements of the order

setting the action for trial shall subject the party or attorney to

appropriate court sanctions.

Commentary

1995 Adoption. This rule amends Florida Rule of Civil Procedure 1.440(c),

Setting for Trial, and creates a procedure to facilitate setting an action

for trial. Proper pretrial compliance will foster knowledgeable settlement

discussion and expedite an orderly trial. The rule also adds a provision

for sanctions.

------------------------------------------------------------------------

RULE 12.450. EVIDENCE

Adverse witnesses, the record of excluded evidence, and the filing of

evidence shall be governed by Florida Rule of Civil Procedure 1.450.

------------------------------------------------------------------------

*1074

RULE 12.460. CONTINUANCES

Continuances shall be governed by Florida Rule of Civil Procedure 1.460.

------------------------------------------------------------------------

RULE 12.470. EXCEPTIONS UNNECESSARY

Exceptions shall be governed by Florida Rule of Civil Procedure 1.470

except that no exception shall be necessary to an adverse ruling other than

as provided in rules 12.490 and 12.492.

Commentary

1995 Adoption. This rule amends subdivision (a) of rule 1.470 as it

applies to family law matters to eliminate possible confusion between common

law exceptions and exceptions to recommendations of a general master under

rule 12.490 or a special master under rule 12.492.

------------------------------------------------------------------------

RULE 12.480. MOTION FOR A DIRECTED VERDICT

Motions for directed verdict shall be governed by Florida Rule of Civil

Procedure 1.480.

------------------------------------------------------------------------

RULE 12.481. VERDICTS

Verdicts shall be governed by Florida Rule of Civil Procedure 1.481.

------------------------------------------------------------------------

RULE 12.490. GENERAL MASTERS

(a) General Masters. Judges of the circuit court may appoint as many

general masters from among the members of The Florida Bar in the circuit as

the judges find necessary, and the general masters shall continue in office

until removed by the court. The order making an appointment shall be

recorded. Every person appointed as a general master shall take the oath

required of officers by the Constitution and the oath shall be recorded

before the master discharges any duties of that office.

(b) Reference.

(1) No matter shall be heard by a general master without an appropriate

order of reference and the consent to the referral of all parties. Consent,

as defined in this rule, to a specific referral, once given, cannot be

withdrawn without good cause shown before the hearing on the merits of the

matter referred. Consent may be express or may be implied in accordance

with the requirements of this rule.

(A) A written objection to the referral to a general master must be filed

within 10 days of the service of the order of referral.

(B) If the time set for the hearing is less than 10 days after service of

the order of referral, the objection must be filed before commencement of

the hearing.

(C) If the order of referral is served within the first 20 days after the

service of the initial process, the time to file an objection is extended

to the time within which to file a responsive pleading.

(D) Failure to file a written objection within the applicable time period

is deemed to be consent to the order of referral.

*1075

(2) The order of referral shall be in substantial conformity with Family

Law Form 12.920(a), and shall contain the following language in bold type:

A REFERRAL TO A GENERAL MASTER REQUIRES THE CONSENT OF ALL

PARTIES. YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BEFORE A

JUDGE. IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE THE

GENERAL MASTER, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL

WITHIN 10 DAYS OF THE TIME OF SERVICE OF THIS ORDER. IF THE

TIME SET FOR THE HEARING IS LESS THAN 10 DAYS AFTER THE SERVICE

OF THIS ORDER, THE OBJECTION MUST BE MADE BEFORE THE HEARING.

IF THIS ORDER IS SERVED WITHIN THE FIRST 20 DAYS AFTER SERVICE OF

PROCESS, THE TIME TO FILE AN OBJECTION IS EXTENDED TO THE TIME

WITHIN WHICH A RESPONSIVE PLEADING IS DUE. FAILURE TO FILE A

WRITTEN OBJECTION WITHIN THE APPLICABLE TIME PERIOD IS DEEMED

TO BE A CONSENT TO THE REFERRAL.

REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE GENERAL

MASTER SHALL BE BY EXCEPTIONS AS PROVIDED IN RULE 12.490(f),

FLA.FAM.L.R.P. A RECORD, WHICH INCLUDES A TRANSCRIPT OF PROCEEDINGS,

MAY BE REQUIRED TO SUPPORT THE EXCEPTIONS.

(3) The order of referral shall state with specificity the matter or

matters being referred and the name of the general master to whom the

matter is referred. The order of referral also shall state whether

electronic recording or a court reporter is provided by the court, or

whether a court reporter, if desired, must be provided by the litigants.

(4) When a reference is made to a general master, any party or the

general master may set the action for hearing.

(c) General Powers and Duties. Every general master shall perform all of

the duties that pertain to the office according to the practice in chancery

and rules of court and under the direction of the court except those duties

related to domestic and repeat violence. A general master shall be

empowered to administer oaths and conduct hearings, which may include the

taking of evidence. All grounds for disqualification of a judge shall apply

to general masters.

(d) Hearings.

(1) The general master shall assign a time and place for proceedings as

soon as reasonably possible after the reference is made and give notice to

each of the parties either directly or by directing counsel to file and

serve a notice of hearing. If any party fails to appear, the general master

may proceed ex parte or may adjourn the proceeding to a future day, giving

notice to the absent party of the adjournment. The general master shall

proceed with reasonable diligence in every reference and with the least

delay practicable. Any party may apply to the court for an order to the

general master to speed the proceedings and to make the report and to

certify to the court the reason for any delay.

(2) The general master shall take testimony and establish a record which

may be by electronic means as provided by Florida Rule of Judicial

Administration 2.070(d) or by a court reporter. The parties may not waive

this requirement.

(3) The general master shall have authority to examine under oath the

parties and all witnesses upon all matters contained in the reference to

require production of all books, papers, writings, vouchers, and other

documents applicable to it, and to examine on oath orally all witnesses

produced by the parties. The general master may take all actions concerning

evidence that can be taken by the circuit court and in the same manner. The

general master shall have the same powers as a circuit judge to utilize

communications equipment as defined and regulated by Florida Rule of

Judicial Administration 2.071.

(4) The notice or order setting the cause for hearing shall be in

substantial conformity with Family Law Form 12.920(b) and shall contain the

following language in bold type:

SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATION

MADE BY THE GENERAL MASTER, YOU MUST FILE EXCEPTIONS IN

ACCORDANCE WITH RULE 12.490(f), FLA.FAM.L.R.P. YOU WILL BE REQUIRED

*1076

TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR

EXCEPTIONS OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY

INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS.

THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED

IF NECESSARY FOR THE COURT'S REVIEW.

(5) The notice or order setting a matter for hearing shall state whether

electronic recording or a court reporter is provided by the court. If the

court provides electronic recording, the notice also shall state that any

party may provide a court reporter at that party's expense.

(e) General Master's Report. The general master shall file a report that

includes findings of fact and conclusions of law, together with

recommendations. If a court reporter was present, the report shall contain

the name and address of the reporter.

(f) Filing Report; Notice; Exceptions. The general master shall file the

report and recommendations and serve copies on all parties. The parties may

serve exceptions to the report within 10 days from the time it is served on

them. Any party may file cross-exceptions within 5 days from the service of

the exceptions, provided, however, that the filing of cross-exceptions

shall not delay the hearing on the exceptions unless good cause is shown.

If no exceptions are filed within that period, the court shall take

appropriate action on the report. If exceptions are filed, they shall be

heard on reasonable notice by either party or the court.

(g) Record. For the purpose of the hearing on exceptions, a record,

substantially in conformity with this rule, shall be provided to the court

by the party seeking review if necessary for the court's review.

(1) The record shall consist of the court file, including the transcript

of the relevant proceedings before the general master and all depositions

and evidence presented to the general master.

(2) The transcript of all relevant proceedings, if any, shall be

delivered to the judge and provided to all other parties not less than 48

hours before the hearing on exceptions. If less than a full transcript of

the proceedings taken before the general master is ordered prepared by the

excepting party, that party shall promptly file a notice setting forth the

portions of the transcript that have been ordered. The responding parties

shall be permitted to designate any additional portions of the transcript

necessary to the adjudication of the issues raised in the exceptions or

cross-exceptions.

(3) The cost of the original and all copies of the transcript of the

proceedings shall be borne initially by the party seeking review, subject

to appropriate assessment of suit monies. Should any portion of the

transcript be required as a result of a designation filed by the responding

party, the party making the designation shall bear the initial cost of the

additional transcript.

Commentary

1995 Adoption. This rule is a modification of Florida Rule of Civil

Procedure 1.490. That rule governed the appointment of both general and

special masters. The appointment of special masters is now governed by

Florida Family Law Rule of Procedure 12.492. This rule is intended to

clarify procedures that were required under rule 1.490, and it creates

additional procedures. The use of general masters should be implemented

only when such use will reduce costs and expedite cases in accordance with

Dralus v. Dralus, 627 So.2d 505 (Fla. 2d DCA 1993), Wrona v. Wrona,

592 So.2d 694 (Fla. 2d DCA 1991), and Katz v. Katz, 505 So.2d 25 (Fla. 4th

DCA 1987).

RULE 12.491. CHILD SUPPORT ENFORCEMENT

(a) Limited Application. This rule shall be effective only when

specifically invoked by administrative order of the chief justice for use

in a particular county or circuit.

*1077

(b) Scope. This rule shall apply to proceedings for the establishment,

enforcement, or modification of child support wherein the party seeking

support is receiving services pursuant to Title IV-D of the Social Security

Act ( 42 U.S.C. §§ 651 et seq.) and to non-Title IV-D proceedings upon

administrative order of the chief justice.

(c) Support Enforcement Hearing Officers. The chief judge of each

judicial circuit shall appoint such number of support enforcement hearing

officers for the circuit or any county within the circuit as are necessary

to expeditiously perform the duties prescribed by this rule. A hearing

officer shall be a member of The Florida Bar unless waived by the chief

justice and shall serve at the pleasure of the chief judge and a majority

of the circuit judges in the circuit.

(d) Referral. Upon the filing of a cause of action or other

proceeding for the establishment, enforcement, or modification of support

to which this rule applies, the court or clerk of the circuit court shall

refer such proceedings to a support enforcement hearing officer, pursuant

to procedures to be established by administrative order of the chief judge.

(e) General Powers and Duties. The support enforcement hearing officer

shall be empowered to issue process, administer oaths, require the

production of documents, and conduct hearings for the purpose of taking

evidence. A support enforcement hearing officer does not have the authority

to hear contested paternity cases. Upon the receipt of a support

proceeding, the support enforcement hearing officer shall:

(1) assign a time and place for an appropriate hearing and give notice to

each of the parties as may be required by law;

(2) take testimony and establish a record, which record may be by

electronic means as provided by Florida Rule of Judicial Administration

2.070(d);

(3) accept voluntary acknowledgment of paternity and support liability

and stipulated agreements setting the amount of support to be paid; and

(4) evaluate the evidence and promptly make a recommended order to the

court. Such order shall set forth findings of fact.

(f) Entry of Order and Relief from Order. Upon receipt of a recommended

order, the court shall review the recommended order and shall enter an order

promptly unless good cause appears to amend the order, conduct further

proceedings, or refer the matter back to the hearing officer to conduct

further proceedings. Any party affected by the order may move to vacate the

order by filing a motion to vacate within 10 days from the date of entry.

Any party may file a cross-motion to vacate within 10 days from the date of

rendition; an additional 5 days shall be allowed if the order was served by

mail. Any party may file a cross-motion to vacate within 5 days of service

of a motion to vacate, provided, however, that the filing of a cross-motion

to vacate shall not delay the hearing on the motion to vacate unless good

cause is shown. A motion to vacate the order shall be heard within 10 days

after the movant applies for hearing on the motion.

(g) Modification of Order. Any party affected by the order may move to

modify the order at any time.

(h) Record. For the purpose of hearing on a motion to vacate, a record,

substantially in conformity with this rule, shall be provided to the court

by the party seeking review.

(1) The record shall consist of the court file, including the transcript

of the proceedings before the hearing officer, if filed, and all

depositions and evidence presented to the hearing officer.

(2) The transcript of all relevant proceedings shall be delivered to the

judge and provided to opposing counsel not less than 48 hours before the

hearing on the motion to vacate. If less than a full transcript of the

proceedings taken before the hearing officer is ordered prepared by the

moving party, that party shall promptly file a notice setting forth the

portions of the

*1078

transcript that have been ordered. The responding party shall be permitted

to designate any additional portions of the transcript necessary to the

adjudication of the issues raised in the motion to vacate or cross-motion

to vacate.

(3) The cost of the original and all copies of the transcript of the

proceedings shall be borne initially by the party seeking review, subject

to appropriate assessment of suit monies. Should any portion of the

transcript be required as a result of a designation filed by the responding

party, the party making the designation shall bear the initial cost of the

additional transcript.

Commentary

1995 Adoption. Previously, this rule was contained in Florida Rule of

Civil Procedure 1.491. The new rule is substantially the same as previous

rule 1.491, with the following additions.

It is intended that any administrative order issued by the chief justice

of the Florida Supreme Court under rule 1.491(a) shall remain in full force

and effect as though such order was rendered under this rule until changed

by order of that same court.

Subdivision (e) now makes clear that contested paternity cases are not

to be heard by support enforcement hearing officers.

Subdivision (h) has been added to provide requirements for a record.

The following notes and commentary have been carried forward from rule

1.491.

1988 Adoption. Title: The terminology "hearing officer" is used rather

than "master" to avoid confusion or conflict with rule 1.490.

Subdivision (a): The rule is intended as a fall back mechanism to be used

by the chief justice as the need may arise.

Subdivision (b): The expedited process provisions of the applicable

federal regulations apply only to matters which fall within the purview of

Title IV-D. The committee recognizes, however, that the use of hearing

officers could provide a useful case flow management tool in non-Title IV-D

support proceedings.

It is contemplated that a circuit could make application to the chief

justice for expansion of the scope of the rule upon a showing of necessity

and good cause. It is the position of the representative of the Family Law

Section of The Florida Bar that reference of non-Title IV-D proceedings

should require the consent of the parties as is required by rule 1.490(c).

Subdivision (c): It is the position of the committee that hearing

officers should be members of the Bar in that jurisdictional and other

legal issues are likely to arise in proceedings of this nature. The waiver

provision is directed to small counties in which it may be difficult or

impossible to find a lawyer willing to serve and to such other special

circumstances as may be determined by the chief justice.

Subdivision (d): This paragraph recognizes that the mechanics of

reference and operation of a program are best determined at the local level.

Subdivision (e): This paragraph is intended to empower the hearing

officer to fully carry out his or her responsibilities without becoming

overly complicated. The authority to enter defaults which is referred to in

the federal regulations is omitted, the committee feeling that the subject

matter is fully and adequately covered by rule 1.500.

The authority to accept voluntary acknowledgments of paternity is

included at the request of the Department of Health and Rehabilitative

Services. Findings of fact are included in the recommended order to provide

the judge to whom the order is referred basic information relating to the

subject matter.

Subdivision (f): Expedited process is intended to eliminate or minimize

delays which are perceived to exist in the normal processing of cases. This

paragraph is intended to require the prompt entry of an order and to

guarantee due process to the obligee.

*1079

General Note: This proposed rule, in substantially the same form, was

circulated to each of the chief judges for comment. Five responses were

received. Two responding endorsed the procedure, and 3 responding felt that

any rule of this kind would be inappropriate. The committee did not address

the question of funding, which included not only salaries of hearing

officers and support personnel, but also capital outlay for furniture,

fixtures, equipment and space, and normal operating costs. The committee

recognizes that the operational costs of such programs may be substantial

and recommends that this matter be addressed by an appropriate body.

RULE 12.492. SPECIAL MASTERS

(a) Special Masters. The court may appoint members of The Florida Bar as

special masters for any particular service required by the court in a family

law matter other than those involving domestic and repeat violence. The

special masters shall be governed by all the provisions of law and rules

relating to general masters except as otherwise provided by this rule.

Additionally, they shall not be required to make oath or give bond unless

specifically required by the order appointing them. Upon a showing that the

appointment is advisable, a person other than a member of The Florida Bar

may be appointed.

(b) Reference. No reference shall be to a special master without the

express prior consent of the parties, except that the court upon good cause

shown and without consent of the parties may appoint an attorney as a

special master to preside over depositions and rule upon objections.

(c) General Powers and Duties. Every special master shall perform all of

the duties that pertain to the office according to the practice in chancery

and rules of court and under the direction of the court. Hearings before

any special master shall be held in the county where the action is pending,

but hearings may be held at any place by order of the court within or

without the state to meet the convenience of the witnesses or the parties.

All grounds for disqualification of a judge shall apply to special masters.

(d) Bond. When not otherwise provided by law, the court may require

special masters who are appointed to dispose of real or personal property

to give bond and surety conditioned for the proper payment of all moneys

that may come into their hands and for the due performance of their duties

as the court may direct. The bond shall be made payable to the State of

Florida and shall be for the benefit of all persons aggrieved by any act of

the special master.

(e) Hearings. When a reference is made to a special master, any party or

the special master may set the action for hearing. The special master shall

assign a time and place for proceedings as soon as reasonably possible

after the reference is made and give notice to each of the parties either

directly or by requiring counsel to file and serve a notice of hearing. If

any party fails to appear, the special master may proceed ex parte or may

adjourn the proceeding to a future day, giving notice to the absent party

of the adjournment. The special master shall proceed with reasonable

diligence in every reference and with the least delay practicable. Any

party may apply to the court for an order to the special master to speed the

proceedings and to make the report and to certify to the court the reason

for any delay. Unless otherwise ordered by the court, or agreed to by all

parties, all parties shall equally share the cost of the presence of a

court reporter at a special master's proceedings. If all parties waive the

presence of a court reporter, they must do so in writing. The special

master shall have authority to examine the parties and all witnesses under

oath upon all matters contained in the reference and to require production

of all books, papers, writings, vouchers, and other documents applicable to

it. The special master shall admit evidence by deposition or that is

otherwise admissible in court. The special master may take all actions

concerning evidence that can be taken by the court and in the same manner.

All parties accounting before a special master shall bring in their

accounts in the form of accounts payable and receivable, and any other

parties who are not satisfied with the account may examine the accounting

party orally or by interrogatories or deposition as the special master

directs. All depositions and documents that have been taken or used

previously in the action may be used before the special master.

*1080

(f) Special Master's Report. The special master shall file a report that

includes findings of fact and conclusions of law, together with

recommendations. In the report made by the special master no part of any

statement of facts, account, charge, deposition, examination, or answer

used before the special master need be recited. The matters shall be

identified to inform the court what items were used. The report shall

include the name and address of the court reporter present, if any.

(g) Filing Report; Notice; Exceptions. The special master shall file the

report and recommendations and serve copies on the parties. The parties may

serve exceptions to the report within 10 days from the time it is served on

them. If no exceptions are filed within that period, the court shall take

appropriate action on the report. Any party may file cross-exceptions

within 5 days from the service of the exceptions, provided, however, that

the filing of cross-exceptions shall not delay the hearing on the

exceptions unless good cause is shown. If exceptions are filed, they shall

be heard on reasonable notice by either party. The party seeking to have

exceptions heard shall be responsible for the preparation of the transcript

of proceedings before the special master.

(h) Expenses of Special Master. The costs of a special master may be

assessed as any other suit money in family proceedings and all or part of it

may be ordered prepaid by order of the court.

Commentary

1995 Adoption. Originally, both general and special masters were governed

under Florida Rule of Civil Procedure 1.490. General and special masters are

now governed under Florida Family Law Rules of Procedure 12 .490 and 12.492,

respectively. The requirements for appointing special masters are

essentially the same as under the previous rule; but this rule eliminates

the need for consent for the court to appoint an attorney/special master to

preside over depositions and rule on objections. It also provides for the

assessment of suit monies and allows for the filing of cross-exceptions.

-------------------------------------------------------------------------

RULE 12.500. DEFAULTS AND FINAL JUDGMENTS THEREON

Defaults and final judgments thereon shall be governed by Florida Rule of

Civil Procedure 1.500.

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RULE 12.510. SUMMARY JUDGMENT

Summary judgment shall be governed by Florida Rule of Civil Procedure

1.510.

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RULE 12.520. VIEW

Upon motion of either party or on the court's own motion, the trier of

fact may view the premises or place in question or any property, matter, or

thing relating to the controversy between the parties when it appears that

view is necessary to a just decision.

Commentary

1995 Adoption. This rule replaces Florida Rule of Civil Procedure 1.520

and eliminates the advancement of costs imposed by rule 1.520.

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RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING; AMENDMENTS OF JUDGMENTS

Motions for new trial and rehearing and amendments of judgments shall be

governed by Florida Rule of Civil Procedure 1.530.

*1081

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RULE 12.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS

Florida Rule of Civil Procedure 1.540 shall govern general provisions

concerning relief from judgment, decrees, or orders, except that there

shall be no time limit for motions based on fraudulent financial affidavits

in marital or paternity cases.

Commentary

1995 Adoption. Under this provision, Florida Rule of Civil Procedure

1.540 applies to all family law issues involving relief from judgment,

decrees, or orders, except that there shall be no time limit for motions

filed under rule 1.540(b) based on fraudulent financial affidavits in

marital or paternity cases. Rule 1.540 was expanded to include marital

cases through the rule making procedure subsequent to the Florida Supreme

Court's decision in DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984).

------------------------------------------------------------------------

RULE 12.550. EXECUTIONS AND FINAL PROCESS

Executions and final process shall be governed by Florida Rule of Civil

Procedure 1.550.

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RULE 12.560. DISCOVERY IN AID OF EXECUTION

Discovery in aid of execution shall be governed by Florida Rule of Civil

Procedure 1.560.

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RULE 12.570. ENFORCEMENT OF JUDGMENTS

Enforcement of judgments shall be governed by Florida Rule of Civil

Procedure 1.570. Money judgments, as governed by rule 1.570(a) shall

include, but not be limited to, judgments for alimony, child support,

attorneys' fees, suit money, and costs, and equitable distribution.

Commentary

1995 Adoption. Nothing in this rule or Florida Rule of Civil Procedure

1.570 should be read to preclude the use of other remedies to enforce

judgments.

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RULE 12.580. WRIT OF POSSESSION

Writs of possession shall be governed by Florida Rule of Civil Procedure

1.580.

------------------------------------------------------------------------

RULE 12.590. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES

Process in behalf of and against persons not parties shall be governed by

Florida Rule of Civil Procedure 1.590.

------------------------------------------------------------------------

RULE 12.600. DEPOSITS IN COURT

Deposits in court shall be governed by Florida Rule of Civil Procedure

1.600, with the following addition. The party depositing money or

depositing the thing capable of delivery shall pay any fee imposed by the

clerk of the court, unless the court orders otherwise.

*1082

Commentary

1995 Adoption. The addition to Florida Rule of Civil Procedure 1.600

included in this rule is intended to clarify responsibility for the payment

of clerk's fees.

------------------------------------------------------------------------

RULE 12.610 INJUNCTIONS FOR DOMESTIC AND REPEAT VIOLENCE

(a) Application. This rule shall apply only to temporary and permanent

injunctions for protection against domestic violence and temporary and

permanent injunctions for protection against repeat violence. All other

injunctive relief sought in cases to which the Family Law Rules apply shall

be governed by Florida Rule of Civil Procedure 1.610.

(b) Petitions.

(1) Requirements for Use.

(A) Domestic Violence. Any person may file a petition for an injunction

for protection against domestic violence if they certify under oath that

(i) the party filing the injunction and the party against whom the

injunction is sought are spouses, former spouses, persons related by blood

or marriage, persons who are presently residing together as if a family or

who have resided together in the past as if a family, or persons who have a

child in common regardless of whether they have been married or have

resided together at any time;

(ii) the party filing the petition was the victim of, or has reasonable

cause to believe he or she may become the victim of an assault, aggravated

assault, battery, aggravated battery, sexual assault, sexual battery,

stalking, aggravated stalking, or any criminal offense resulting in

physical injury or death perpetrated by the party against whom the

injunction is sought; and

(iii) the specific facts and circumstances upon the basis of which relief

is sought are true.

(B) Repeat Violence. Any person may file a petition for an injunction for

protection against repeat violence if they certify under oath that

(i) two incidents of violence, defined as any assault, battery, sexual

battery or stalking, one of which must have occurred within 6 months of the

filing of the petition, have been committed by the person against whom the

injunction is sought against the petitioner or the petitioner's immediate

family member; and

(ii) the specific facts and circumstances upon the basis of which relief

is sought are true.

(2) Service of Petitions.

(A) Domestic Violence. Personal service by a law enforcement agency is

required. The clerk of the court shall furnish a copy of the petition for an

injunction for protection against domestic violence, financial affidavit

(if support is sought), Uniform Child Custody Jurisdiction Act affidavit

(if custody is sought), temporary injunction (if one has been entered), and

notice of hearing to the appropriate sheriff or law enforcement agency of

the county where the respondent resides or can be found for expeditious

service of process.

(B) Repeat Violence. Personal service by a law enforcement

agency is required. The clerk of the court shall furnish a copy of the

petition for an injunction for protection against repeat violence,

temporary injunction (if one has been entered), and notice of hearing to the

appropriate sheriff or law enforcement agency of the county where the

respondent resides or can be found for expeditious service of process.

(C) Additional Documents. Service of pleadings in cases of domestic or

repeat violence other than the petition and orders granting injunctions

shall be governed by rules 12.070 and 12.080.

*1083

(3) Consideration by Court. Upon the filing of a petition, the

court shall set a hearing to be held at the earliest possible time. A

denial of a petition for an ex parte injunction shall be by written order

noting the legal grounds for denial. When the only ground for denial is no

appearance of an immediate and present danger of domestic violence, the

court shall set a full hearing on the petition for injunction with notice

at the earliest possible time. Nothing herein affects a petitioner's right

to promptly amend any petition, or otherwise be heard in person on any

petition consistent with these rules.

(4) Forms.

(A) Provision of Forms. The clerk of the court or family or

domestic/repeat violence intake personnel shall provide simplified forms,

including instructions for completion, for any person whose circumstances

meet the requirements of this rule and shall assist the petitioner in

obtaining an injunction for protection against domestic or repeat violence

as provided by law.

(B) Confidential Filing of Address. A petitioner's address may be

furnished to the court in a confidential filing separate from a petition or

other form if, for safety reasons, a petitioner believes that the address

should be concealed. The ultimate determination of a need for

confidentiality must be made by the court as provided in Florida Rule of

Judicial Administration 2.051.

(c) Orders of Injunction.

(1) Consideration by Court.

(A) Temporary Injunction. For the injunction for protection to be issued

ex parte, it must appear to the court that an immediate and present danger

of domestic or repeat violence exists. In an ex parte hearing for the

purpose of obtaining an ex parte temporary injunction, the court may limit

the evidence to the verified pleadings or affidavits or may receive

additional testimony under oath if necessary for a determination of

whether an immediate and present danger of domestic or repeat violence

exists. If the respondent appears at the hearing or has received reasonable

notice of the hearing, the court may hold a hearing on the petition.

(B) Permanent Injunction. A full evidentiary hearing shall be conducted.

(2) Issuing of Injunction. No bond shall be required by the court for the

entry of an injunction for protection against domestic or repeat violence.

The clerk of the court shall provide the parties with sufficient certified

copies of the order of injunction for service.

(3) Service of Injunctions.

(A) Temporary Injunction. A temporary injunction for protection against

domestic or repeat violence must be personally served. When the respondent

has been served previously with the temporary injunction and has failed to

appear at the initial hearing on the temporary injunction, any subsequent

pleadings seeking an extension of time may be served on the respondent by

the clerk of the court by certified mail in lieu of personal service by a

law enforcement officer. If the temporary injunction was issued after a

hearing because the respondent was present at the hearing or had reasonable

notice of the hearing, the injunction may be served in the manner provided

for a permanent injunction.

(B) Permanent Injunction.

(i) Party Present at Hearing. The parties may acknowledge receipt of the

permanent injunction for protection against domestic or repeat violence in

writing on the face of the original order. If a party is present at the

hearing and that party fails or refuses to acknowledge the receipt of a

certified copy of the injunction, the clerk shall cause the order to

be served by mailing certified copies of the injunction to the parties who

were present at hearing at the last known address of each party. Service by

mail is complete upon mailing. When an order is served pursuant to this

subdivision, the clerk shall prepare a written

*1084

certification to be placed in the court file specifying the time, date, and

method of service and within 24 hours shall forward a copy of the

injunction and the clerk's affidavit of service to the sheriff with

jurisdiction over the residence of the petitioner. This procedure applies

to service of orders to modify or vacate injunctions for protection against

domestic or repeat violence.

(ii) Party not Present at Hearing. Within 24 hours after the court

issues, continues, modifies, or vacates an injunction for protection against

domestic or repeat violence, the clerk shall forward a copy of the

injunction to the sheriff with jurisdiction over the residence of the

petitioner for service.

(4) Duration.

(A) Temporary Injunction. Any temporary injunction shall be effective for

a fixed period not to exceed 15 days. A full hearing shall be set for a date

no later than the date when the temporary injunction ceases to be

effective. The court may grant a continuance of the temporary injunction

and of the full hearing for good cause shown by any party, or upon its

own motion for good cause, including failure to obtain service.

(B) Permanent Injunction. Any relief granted by an injunction for

protection against domestic or repeat violence shall be granted for a fixed

period not to exceed 1 year. Such relief may be granted in addition to

other civil and criminal remedies. Upon petition of the victim, the court

may extend the injunction for successive fixed periods not to exceed 1 year.

Broad discretion resides with the court to grant an extension after

considering the circumstances. No specific allegations are required.

(5) Enforcement. The court may enforce violations of an injunction for

protection against domestic or repeat violence in civil contempt

proceedings, which are governed by rule 12.570 or in criminal contempt

proceedings, which are governed by Florida Rule of Criminal Procedure

3,840, or, if the violation meets the statutory criteria, it may be

prosecuted as a crime under Florida Statutes.

(6) Motion to Modify or Vacate Injunction. The petitioner or respondent

may make a motion to the court to modify or vacate an injunction at any

time. Motions to modify or vacate an injunction shall be governed by the

Florida Rules of Civil Procedure.

(7) Forms. The clerk of the court or family or domestic/repeat violence

intake personnel shall provide simplified forms including instructions for

completion, for the persons whose circumstances meet the requirements of

this rule and shall assist in the preparation of the affidavit in support

of the violation of an order of injunction for protection against domestic

or repeat violence.

Commentary

1995 Adoption. A cause of action for an injunction for protection

against domestic violence and repeat violence has been created by section

741.30, Florida Statutes (Supp. 1994) (modified by chapter 95-195, Laws of

Florida), and section 784.046, Florida Statutes (Supp. 1994), respectively.

This rule implements those provisions and is intended to be consistent with

the procedures set out in those provisions except as indicated in this

commentary. To the extent a domestic or repeat violence matter becomes

criminal or is to be enforced by direct or indirect criminal contempt, the

appropriate Florida Rules of Criminal Procedure will apply.

The facts and circumstances to be alleged under subdivision

12.610(b)(1)(A) include those set forth in Florida Family Law Form

12.980(b). An injunction for protection against domestic or repeat

violence may be sought whether or not any other cause of action is

currently pending between the parties. However, the pendency of any such

cause of action must be alleged in the petition. The relief the court may

grant in a temporary or permanent injunction against domestic violence is

set forth in section 741.30(6).

*1085

The facts and circumstances to be alleged under subdivision (b)(1)(B)

include those set forth in Florida Family Law Form 12.980(d). The relief

the court may grant in a temporary or permanent injunction against repeat

violence is set forth in section 784.046(7), Florida Statutes.

Subdivision (b)(4) expands sections 741.30(2)(c)1 and (2)(c)2, Florida

Statutes, to provide that the responsibility to assist the petitioner may

be assigned not only to the clerk of court but also to the appropriate

intake unit of the court. Family Law Form 12.980(b) provides the form for a

petition for injunction against domestic violence. If the custody of a

child is at issue, a Uniform Child Custody Jurisdiction Act affidavit must

be provided and completed in conformity with Family Law Form 12.901(f). If

alimony or child support is sought a Financial Affidavit must be provided

and completed in conformity with Family Law Form 12.901(d) or 12.901(e).

Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and

section 784.046(6)(a), Florida Statutes, to make the limitation of evidence

presented at an ex parte hearing permissive rather than mandatory given the

due process concerns raised by the statutory restrictions on the taking of

evidence.

Unlike traditional injunctions, under subdivision (c)(2), no bond will be

required for the issuance of injunctions for protection against domestic or

repeat violence. This provision is consistent with the statutes except

that, unlike the statutes, it does not set a precise number of copies to be

provided for service.

Subdivision (c)(3)(A) makes the procedure for service of a temporary

order of injunction for protection against domestic violence and repeat

violence consistent. This is intended to replace the differing requirements

contained in sections 741.30(7)(b)3 and (7)(c)1 and 784.046(8)(a)1, Florida

Statutes.

Subdivision (c)(3)(B) makes the procedure for service of a permanent

order of injunction for protection against domestic violence and repeat

violence consistent. This is intended to replace the differing requirements

contained in sections 741.30(7)(a)3 and (7)(c)1 and 784.046(8)(c)1, Florida

Statutes, and to specifically clarify that service of the permanent

injunction by mail is only effective upon a party who is present at the

hearing which resulted in the issuance of the injunction.

Subdivision (c)(4)(A) restates sections 741.30(5)(c) and 784.046(6)(c),

Florida Statutes, with some expansion. This subdivision allows the court

upon its own motion to extend the protection of the temporary injunction

for protection against domestic or repeat violence for good cause shown,

which shall include, but not be limited to, failure to obtain service. This

subdivision also makes the procedures in cases of domestic and repeat

violence identical, resolving the inconsistencies in the statutes.

Subdivision (c)(4)(B) makes the procedures in cases of domestic and

repeat violence identical, resolving inconsistencies in the statutes. As

stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent

cause of action is filed under chapter 61, Florida Statutes, any orders

entered therein shall take precedence over any inconsistent provisions of an

injunction for protection against domestic violence which addresses matters

governed by chapter 61, Florida Statutes.

Subdivision (c)(5) implements a number of statutes governing enforcement

of injunctions against domestic or repeat violence. It is intended by these

rules that procedures in cases of domestic and repeat violence be identical

to resolve inconsistencies in the statutes. As such, the procedures set out

in section 741.31(1), Florida Statutes, are to be followed for violations

of injunctions for protection of both domestic and repeat violence.

Pursuant to that statute, the petitioner may contact the clerk of the court

of the circuit court of the county in which the violation is alleged to

have occurred to obtain information regarding enforcement.

Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida

Statutes, to provide that the responsibility to assist a petitioner may not

only be assigned to the clerk of court but also to the appropriate intake

unit of the court. This subdivision makes the procedures in

*1086

cases of domestic and cases of repeat violence identical to resolve

inconsistencies in the statutes.

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RULE 12.611. CENTRAL GOVERNMENTAL DEPOSITORY

(a) Administrative Order. If the chief judge of the circuit by

administrative order authorizes the creation of a central governmental

depository for the circuit or county within the circuit to receive, record,

and disburse all support alimony or maintenance payments, as provided in

section 61.181, Florida Statutes (1983), the court may direct that payment

be made to the officer designated in the administrative order.

(b) Payments to Public Officer.

(1) If the court so directs, the payments shall be made to the officer

designated.

(2) The officer shall keep complete and accurate accounts of all payments

received. Payments shall be made by cash, money order, cashier's check, or

certified check. The officer shall promptly disburse the proceeds to the

party entitled to receive them under the judgment or order.

(3) Payment may be enforced by the party entitled to it or the court may

establish a system under which the officer issues a motion for enforcement

and a notice of hearing in the form approved by the supreme court. The

motion and notice shall be served on the defaulting party in person or by

mail. At the hearing the court shall enter an appropriate order based on

the testimony presented to it.

Commentary

1995 Adoption. This rule is a remnant of Florida Rule of Civil Procedure

1.611, which contained several unrelated issues. Those issues are now

governed by separate rules for automatic disclosure, simplified dissolution

procedure, and this rule for central governmental depository.

------------------------------------------------------------------------

RULE 12.620. RECEIVERS

Receivers shall be governed by Florida Rule of Civil Procedure 1.620.

------------------------------------------------------------------------

RULE 12.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS

Proceedings against sureties on judicial bonds shall be governed by

Florida Rule of Civil Procedure 1.625.

------------------------------------------------------------------------

RULE 12.630. EXTRAORDINARY REMEDIES

Extraordinary remedies shall be governed by Florida Rule of Civil

Procedure 1.630.

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RULE 12.740. FAMILY MEDIATION

(a) Applicability. This rule governs mediation of family matters and

related issues.

(b) Referral. Except as provided by law and this rule, all contested

family matters and issues may be referred to mediation. Every effort shall

be made to expedite mediation of family issues.

*1087

(c) Limitation on Referral to Mediation. Unless otherwise agreed by the

parties, family matters and issues may be referred to a mediator or

mediation program which charges a fee only after the court has determined

that the parties have the financial ability to pay such a fee. This

determination may be based upon the parties' financial affidavits or other

financial information available to the court. When the mediator is

compensated in whole or part by the parties, the presiding judge may

determine the reasonableness of the fees charged by the mediator. In the

absence of a written agreement providing for the mediator's compensation,

the mediator shall be compensated at the hourly rate set by the presiding

judge in the referral order. When appropriate, the court shall apportion

mediation fees between the parties and shall state each party's share in

the order of referral. Parties may object to the rate of the mediator's

compensation within 15 days of the order of referral by serving an

objection on all other parties and the mediator.

(d) Appearances. Unless otherwise stipulated by the parties, a party is

deemed to appear at a family mediation convened pursuant to this rule if the

named party is physically present at the mediation conference. In the

discretion of the mediator and with the agreement of the parties, family

mediation may proceed in the absence of counsel unless otherwise ordered by

the court.

(e) Completion of Mediation. Mediation shall be completed within 75 days

of the first mediation conference unless otherwise ordered by the court.

(f) Report on Mediation.

(1) If agreement is reached as to any matter or issue, including legal

or factual issues to be determined by the court, the agreement shall be

reduced to writing, signed by the parties and their counsel, if any and if

present, and submitted to the court unless the parties agree otherwise. By

stipulation of the parties, the agreement may be electronically or

stenographically recorded and made under oath or affirmed. In such event,

an appropriately signed transcript may be filed with the court. If counsel

for any party is not present when the agreement is reached, the mediator

shall cause to be mailed a copy of the agreement to counsel within 5 days.

Counsel shall have 10 days from service of a copy of the agreement to

serve a written objection on the mediator, unrepresented parties, and

counsel. Absent a timely written objection, the agreement is presumed to be

approved by counsel and shall be filed with the court by the mediator.

(2) After the agreement is filed, the court shall take action as required

by law. When court approval is not necessary, the agreement shall become

binding upon filing. When court approval is necessary, the agreement shall

become binding upon approval. In either event, the agreement shall be made

part of the final judgment or order in the case.

(3) If the parties do not reach an agreement as to any matter as a result

of mediation, the mediator shall report the lack of an agreement to the

court without comment or recommendation. With the consent of the parties,

the mediator's report may also identify any pending motions or outstanding

legal issues, discovery process, or other action by any party which, if

resolved or completed, would facilitate the possibility of a settlement.

Commentary

1995 Adoption. This rule is similar to former Florida Rule of Civil

Procedure 1.740. All provisions concerning the compensation of the mediator

have been incorporated into this rule so that all mediator compensation

provisions are contained in one rule. Additionally, this rule clarifies

language regarding the filing of transcripts, the mediator's responsibility

for mailing a copy of the agreement to counsel, and counsel's filing of

written objections to mediation agreements.

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RULE 12.741. MEDIATION RULES

(a) Discovery. Unless stipulated by the parties or ordered by the court,

the mediation process shall not suspend discovery.

*1088

(b) General Procedures.

(1) Interim or Emergency Relief. A party may apply to the court for

interim or emergency relief at any time. Mediation shall continue while such

a motion is pending absent a contrary order of the court, or a decision of

the mediator to adjourn pending disposition of the motion. Time for

completing mediation shall be tolled during any periods when mediation is

interrupted pending resolution of such a motion.

(2) Sanctions for Failure to Appear. If a party fails to appear at a duly

noticed mediation conference without good cause, the court upon motion shall

impose sanctions, including an award of mediator and attorneys' fees and

other costs, against the party failing to appear.

(3) Adjournments. The mediator may adjourn the mediation conference at

any time and may set times for reconvening the adjourned conference. No

further notification is required for parties present at the adjourned

conference.

(4) Counsel. Counsel shall be permitted to communicate privately with

their clients. The mediator shall at all times be in control of the

mediation and the procedures to be followed in the mediation.

(5) Communication with Parties. The mediator may meet and consult

privately with any party or parties or their counsel.

(6) Appointment of the Mediator.

(A) Within 10 days of the order of referral, the parties may agree upon a

stipulation with the court designating:

(i) a certified mediator; or

(ii) a mediator who does not meet the certification requirements of these

rules but who, in the opinion of the parties and upon review by the

presiding judge, is otherwise qualified by training or experience to

mediate all or some of the issues in the particular case.

(B) If the parties cannot agree upon a mediator within 10 days of the

order of referral, the plaintiff or petitioner shall so notify the court

within 10 days of the expiration of the period to agree on a mediator, and

the court shall appoint a certified mediator selected by rotation or by

such other procedures as may be adopted by administrative order of the

chief judge in the circuit in which the action is pending.

(C) If a mediator agreed upon by the parties or appointed by a court

cannot serve, a substitute mediator can be agreed upon or appointed in the

same manner as the original mediator. A mediator shall not mediate a case

assigned to another mediator without the agreement of the parties or

approval of the court. A substitute mediator shall have the same

qualifications as the original mediator.

Commentary

1995 Adoption. This rule combines and replaces Florida Rules of Civil

Procedure 1.710, 1.720, and 1.730. The rule, as combined, is substantially

similar to those three previous rules, with the following exceptions. This

rule deletes subdivisions (a) and (b) of rule 1.710 and subdivisions (b)

and (c) of rule 1.730. This rule compliments Florida Family Law Rule of

Procedure 12.740 by providing direction regarding various procedures to be

followed in family law mediation proceedings.

*1089

SECTION II

FAMILY LAW

FORMS, COMMENTARY,

INSTRUCTIONS, AND APPENDICES

INTRODUCTION

On the page before each form you will find explanations of how that form is

used in the court case, help in filling out the form, and a list of other

forms you may need to fill out. The instructions for each form also say if

there are any laws or court rules that could help you understand the form

and its use in your case. The instructions are not the only place that

you can get information about how a court case works or how that form is

used and you may want to look at other law books for more help. The Florida

Statutes, Florida Family Law Rules of Procedure, Florida Rules of Civil

Procedure, and other legal information books may be found in a law library

at your county courthouse or a law school in your area.

There are five (5) appendices at the end of the forms. You should read the

appendices that deal with the type of court case that you are a party to.

There are also instructions with each form to help you fill out that form.

Read each form carefully, it may tell you that there are other forms that

need to be filled out and filed with the court. If you find out there is

something you need to do in your case and you do not find the right form

here, check the forms at the end of the Florida Rules of Civil Procedure

and you may find the form you need there.

Appendix 1-Simplified Dissolution of Marriage

Appendix 2-Regular Dissolution of Marriage

Appendix 3-Child Support

Appendix 4-Injunction for Protection

Appendix 5-Stepparent Adoption

Commentary

1995 Adoption. To help the many people in family law court cases who do

not have attorneys to represent them (pro se litigants), the Florida Supreme

Court added these simplified forms and directions to the Florida Family Law

Rules of Procedure. The directions refer to the Florida Family Law Rules of

Procedure or the Florida Rules of Civil Procedure. Many of the forms were

adapted from the forms accompanying the Florida Rules of Civil Procedure.

Practitioners should refer to the committee notes for those forms for rule

history.

The forms were adopted by the Court pursuant to Family Law Rules of

Procedure, ___ So.2d ___ (Fla. 1995); In re Petition for Approval of Forms

Pursuant to Rule 10-1.1(b) of the Rules Regulating The Florida Bar —

Stepparent Adoption Forms, 613 So.2d 900 (Fla. 1992); Rules Regulating The

Florida Bar — Approval of Forms, 581 So.2d 902 (Fla. 1991).

Although the forms are part of these rules, they are not all inclusive

and additional forms, as necessary, should be taken from the Florida Rules

of Civil Procedure as provided in Florida Family Law Rules of Procedure.

Also, the following notice has been included to strongly encourage

individuals to seek the advice, when needed, of an attorney who is a member

in good standing of the Florida Bar.

NOTICE TO PARTIES WHO ARE NOT REPRESENTED BY AN ATTORNEY WHO IS A MEMBER IN

GOOD STANDING OF THE FLORIDA BAR

IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THESE FORMS, COMMENTARY,

INSTRUCTIONS, AND APPENDICES, THE USE OF THE FORMS, OR YOUR

LEGAL RIGHTS, IT IS STRONGLY RECOMMENDED THAT YOU TALK TO AN

ATTORNEY. IF YOU DO NOT KNOW AN ATTORNEY, YOU SHOULD CALL THE

LAWYER REFERRAL SERVICE LISTED IN THE YELLOW PAGES OF THE TELEPHONE

BOOK. IF YOU DO NOT HAVE THE MONEY TO HIRE AN ATTORNEY,

YOU SHOULD CALL THE LEGAL AID OFFICE IN YOUR AREA.

BECAUSE THE LAW DOES CHANGE, THE FORMS AND INFORMATION ABOUT

THEM MAY HAVE BECOME OUTDATED. YOU SHOULD BE AWARE THAT

*1090

CHANGES MAY HAVE HAPPENED IN THE LAW OR COURT RULES THAT

WOULD AFFECT THE ACCURACY OF THE FORMS, COMMENTARY, INSTRUCTIONS

OR APPENDICES.

IN NO EVENT WILL THE FLORIDA SUPREME COURT, THE FLORIDA BAR, OR

ANYONE CONTRIBUTING TO THE PRODUCTION OF THESE FORMS, COMMENTARY,

INSTRUCTIONS, AND APPENDICES BE LIABLE FOR ANY DIRECT, INDIRECT,

OR CONSEQUENTIAL DAMAGES RESULTING FROM THEIR USE.

INDEX TO FAMILY LAW FORMS

INTRODUCTION AND COMMENTARY

12.900-12.909 PETITIONS AND SUPPORTING DOCUMENTS

12.900 Disclosure of Nonlawyer

12.901(a) Simplified Petition for Dissolution of Marriage

(b) Petition for Dissolution of Marriage

(c) Affidavit of Insolvency

(d) Family Law Financial Affidavit (Short Form)

(e) Family Law Financial Affidavit (Long Form)

(f) Uniform Child Custody Jurisdiction Act (UCCJA)

(g) Child Support Guidelines Worksheet

(h) Marital Settlement Agreement

(i) Affidavit of Corroborating Witness

12.902(a) Answer/Response to and Counterpetition for Dissolution of Marriage

(b) Answer/Response to Counterpetition for Dissolution of Marriage

12.903(a) Supplemental Petition/Request to Modify/Change Visitation

(b) Petition/Request to Modify/Change Primary Residency/Custody of

Child(ren)

12.904(a) Petition/Request for Support Unconnected with Dissolution of

Marriage

(b) Petition for Modification of Child Support and Other Relief

12.905 Petition/Request for Grandparent Visitation

12.910-12.919 SERVICE

12.910(a) Summons: Personal Service on Individual

(b) Process Service Memorandum

12.911(a) Order to Perfect Service

(b) Order of Dismissal for Failure to Perfect Service (120 days)

12.912(a) Memorandum for Certificate of Military Service

(b) Nonmilitary Affidavit

12.913(a) Notice of Action Dissolution of Marriage

(b) Affidavit for Service by Publication

12.914 Certificate of Service (General Form)

12.920-12.929 PROCEDURAL

12.920(a) Order of Referral to General Master

(b) Notice of Hearing Before General Master

12.921 Order Setting Matter for Uncontested Hearing or Status Conference

12.922(a) Request to Enter Default

(b) Default

12.923 Notice of Hearing (General Form)

12.930-12.939 DISCOVERY

12.930(a) Notice of Service of Standard Family Law Interrogatories

(b) Standard Family Law Interrogatories

12.931(a) Notice of Production from Non-Party

(b) Subpoena for Production of Documents

(c) Request for Documents Produced by Subpoena

12.940-12.949 MOTIONS

12.940(a) Motion for Health Insurance Coverage

(b) Order of Health Insurance Coverage

(c) Employer's Declaration of Health Insurance Coverage

*1091

12.941(a) Motion for Temporary Injunction to Prevent Removal of Children

and for Denial of Passports

(b) Affidavit in Support of Motion for Temporary Injunction to Prevent

Removal of Child(ren) and for Denial of Passport

12.942(a) Motion for Appointment of Guardian ad Litem

(b) Order Appointing Guardian ad Litem

12.950-12.959} AVAILABLE FOR

12.960-12.969} FUTURE

12.970-12.979} CATEGORIES

12.980-12.989 SPECIAL CASES

Domestic and Repeat Violence

12.980(a) Affidavit and Waiver of Fees for Petition for Injunction for

Protection Against Domestic Violence

(b) Petition for Injunction for Protection Against Domestic Violence

(c) Order Denying Petition for Temporary Injunction for Protection

Against Domestic Violence

(d) Temporary Injunction for Protection Against Domestic Violence

(e) Injunction for Protection Against Domestic Violence (After Notice)

(f) Final Order of Dismissal of Injunction for Protection Against

Domestic Violence

(g) Petition for Injunction for Protection Against Repeat Violence

Adoption

12.981(a) Petition for Stepparent Adoption

(b) Stepparent Adoption: Consent and Waiver of Parent

(c) Stepparent Adoption: Consent of Adoptee

(d) Stepparent Adoption: Affidavit of Diligent Search

(e) Final Judgment of Stepparent Adoption

(f) Petition for Adoption Information

(g) Order Releasing Adoption Information

Name change

12.982 Petition for Name Change

12.900-12.999 JUDGMENTS

12.990(a) Final Judgment of Simplified Dissolution of Marriage

(b) Final Judgment of Dissolution of Marriage

(c) Order of Dismissal due to Reconciliation

(d) Final Default Judgment of Dissolution of Marriage

12.991(a) Order Requiring Payment of Child Support through the Central

Depository

(b) Child Support Income Deduction Order

12.993 Final Judgment of Modification of Parental Responsibility and

Visitation

12.994(a) Final Judgment Support Unconnected with Dissolution of Marriage

(b) Final Judgment Modifying Child Support

APPENDICES

Appendix 1-Simplified Dissolution of Marriage

Appendix 2-Regular Dissolution of Marriage

Appendix 3-Child Support

Appendix 4-Injunction for Protection

Appendix 5-Stepparent Adoption

INSTRUCTIONS FOR FLORIDA FAMILY LAW FORM 12.900,

DISCLOSURE FROM NONLAWYERS

When the term nonlawyer is used on the Florida Family Law forms and

instructions, it means anyone who is NOT an attorney and a member in good

standing of the Florida Bar. Attorneys who are licensed to practice in

other states but not in Florida and attorneys who have been disbarred or

suspended from the practice of law in Florida are nonlawyers for purposes

of the Florida Family Law forms and instructions. If a person who is a

nonlawyer (under the meaning just given) helps you fill out these forms,

that person must give you a copy of Family Law Form 12.900, Disclosure

from Nonlawyer, before they help you.

*1092

Both you and the nonlawyer helping you must sign this disclosure form.

You should keep a copy and the nonlawyer helping you should keep a copy.

This disclosure form does NOT act as or constitute a waiver, disclaimer,

or limitation of liability.

Anyone helping you fill out these forms also must put their name,

address, and telephone number on the bottom of the last page of every form

they help you fill out.

FLORIDA FAMILY LAW FORM 12.900, DISCLOSURE FROM NONLAWYER

[ fill in nonlawyer's name in all blanks]

____________________________ told me that he/she is not an attorney who is a

member in good standing of the Florida Bar and that he/she may not give me

legal advice or represent me in court.

____________________________ told me that he/she may only help me fill out a

form approved by the Supreme Court of Florida.

____________________________ may only help me by asking me questions to

fill in the form.

____________________________ may also tell me how to file the form.

____________________________ told me that he/she is not an attorney who is

a member in good standing of the Florida Bar and cannot tell me what my

rights or remedies are or how to testify in court.

[✓ one only]

____ I can read English.

____ I cannot read English but this notice was read to me by [ fill in all

blanks] _____________________________ in ___________________________.

Nonlawyer's name language

_________________________, 19__.

date

PARTY NONLAWYER

Signature __________________________ Signature __________________________

Printed Name _______________________ Printed Name _______________________

Address ____________________________ Address ____________________________

____________________________________ ____________________________________

City State Zip City State Zip

Telephone No. ______________________ Telephone No. ______________________

Telefax No. ________________________ Telefax No. ________________________

INSTRUCTIONS FOR FLORIDA FAMILY LAW FORMS FORM 12.901(a), SIMPLIFIED

PETITION FOR DISSOLUTION OF MARRIAGE

You may use Form 12.901(a) to ask for a Simplified Dissolution of Marriage.

This form may only be used if all of the following statements are

true. If any one of the statements is not true, you cannot use this form.

✓ We have no minor (under 18 years old) children or dependent

children.

✓ We have no adopted children under 18 years of age.

✓ The wife is not pregnant.

✓ At least one of us has lived in Florida for the past 6 months.

✓ We have worked out how we will divide the things we own (our

assets/property) and who will pay what part of the money we

owe (our debts) and we are satisfied with it.

*1093

✓ We have both signed the joint petition and all other papers

needed to get a simplified dissolution and paid the required fees

to the clerk of the circuit court.

✓ We both want to end the marriage because of serious permanent

differences (we cannot get along and cannot fix what is wrong).

✓ We both want to use the simplified dissolution of marriage

procedure instead of a regular dissolution.

✓ We both know that:

◂ after the dissolution of marriage becomes final, neither of

us has any right to expect money or support from the other,

except what is in the Marital Settlement Agreement (Family Law

Form 12.901(h)); and

◂ by choosing the simplified dissolution of marriage

procedure, we give up certain legal rights that we would have if

we had used the regular dissolution Procedure.

The Marital Settlement Agreement referred to in Form 12.901(a) is

Florida Family Law Form 12.901(h). Please see Simplified Dissolution of

Marriage, Appendix 1 for other information on simplified dissolutions

generally. You also may read Chapter 61, Florida Statutes, for more

information.

NOTE: You or the clerk will need to complete a Civil Cover Sheet

(Form 1.997, Florida Rules of Civil Procedure) when this Petition for

Simplified Dissolution of Marriage form is filed with the clerk of the

court. The clerk's office can provide the Civil Cover Sheet form.

A person who is NOT an attorney is called a nonlawyer. If a nonlawyer

helps you fill out these forms, that person must give you a copy of Family

Law Form 12.900, Disclosure from Nonlawyer, before they help you. Anyone

helping you fill out these forms also must put their name, address, and

telephone number on the bottom of the last page of every form they help you

fill out.

IN THE CIRCUIT COURT OF THE _________ JUDICIAL CIRCUIT, IN AND

FOR _________ COUNTY, FLORIDA

Case No.: ____________________________

Division: ____________________________

__________________________________,

Petitioner

and

__________________________________,

Respondent.

________________________________\

PETITION BY PARTIES FOR SIMPLIFIED DISSOLUTION OF MARRIAGE

There are no children of the marriage under 18 years of age and a marital

settlement agreement, Florida Family Law Form 12.901(h), has been reached

by the parties.

[ fill in all blanks]

We, { name } ________________, Husband and { name } ___________________, Wife,

together file this petition/request and say:

1. We both are asking the court for a dissolution of our marriage. (we

want it ended)

2. The Husband lives in { name } ____________ County, Florida, and has lived

there since { date } __________. The Wife lives in { name } ____________________

County, Florida, and has lived there since { date } ___________.

*1094

3. We were married to each other on { date } _______ in the city of { place }

_______________ county of, { name } _____________, state or country of { name }

_________________,

4. Our marriage is irretrievably broken. (it cannot be fixed)

5. Together, we have no minor (under 18) or dependent children and the

Wife is not pregnant.

6. We have made a marital settlement agreement dividing our assets and

our debts (what we own and what we owe). We are satisfied with this

agreement. The marital settlement agreement (Florida Family Law Form

12.901(h)) is attached and was signed freely and voluntarily by each of us,

and we intend to be bound by it.

7. We have each filled out and signed financial affidavits (Florida

Family Law Form 12.901(d) or 12.901(e)), that are attached to this petition.

8. [✓ one only] ____ yes or ____ no

The wife wants to have her former name of { name } _________________ back.

9. We each certify that we have not been threatened or pressured into

signing this request. We each understand that the result of signing this

request may be a final judgment ending our marriage allowing no further

relief.

10. We each understand that we both must come to the judge to testify

about the things we are asking for in this petition/request.

11. We understand that we each may have legal rights against each other

because of the marriage and that by signing this request we may be giving

up those rights.

12. Neither of us is a member of the military.

13. We ask the court to end our marriage and approve the marital

settlement agreement.

HUSBAND

DATED: _______________________

______________________________________

Signature of husband

Printed name _________________________

Address ______________________________

______________________________________

City State Zip

______________________________________

Telephone (area code and number)

______________________________________

Telefax (area code and number)

STATE OF FLORIDA

COUNTY OF { name } __________________________.

Sworn to (or affirmed) and subscribed before me on { date } _______, 19__ by

{ name of husband } _____________.

______________________________________

NOTARY PUBLIC — STATE OF FLORIDA

___________________________________________________

[Print, type, or stamp commissioned name of notary]

*1095

[✓ one only]

____ Personally known

____ Produced identification Type of identification produced ___________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN

THE BLANKS BELOW: [✓ fill in all blanks]

I, { name of nonlawyer } _________, a nonlawyer, located at { street }

_________________ { city } _______________ { state } ____, { phone } __________,

helped { husband } _________, who is the [✓ one only] ______ petitioner or

______ respondent, fill out this form.

WIFE

DATED: __________________________

______________________________________

Signature of wife

Printed name _________________________

Address ______________________________

______________________________________

City State Zip

______________________________________

Telephone (area code and number)

______________________________________

Telefax (area code and number)

STATE OF FLORIDA

COUNTY OF { name } ____________________________.

Sworn to (or affirmed) and subscribed before me on { date } _____________,

19__ by { name of wife } ______________________.

___________________________________________________

NOTARY PUBLIC — STATE OF FLORIDA

___________________________________________________

[Print, type, or stamp commissioned name of notary]

[✓ one only]

____ Personally known

____ Produced identification Type of identification produced ________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN

THE BLANKS BELOW: [ fill in all blanks]

I, { name of nonlawyer } _____________, a nonlawyer, located at { street }

_________________ { city } __________________ { state } ______, { phone } _______,

helped { name of wife } ________________, fill out this form.

INSTRUCTIONS FAMILY LAW FORM 12.901(b), PETITION FOR

DISSOLUTION OF MARRIAGE

When you decide that you cannot or do not wish to get a Simplified

Dissolution of Marriage, you can use this form to ask for a Regular

Dissolution of Marriage. However, this form is to be used only if all of

the following statements are true:

✓ At least one spouse has lived in Florida for the past 6 months.

✓ The marriage is irretrievably broken (you want to end the

marriage because of serious permanent differences, it is broken

and cannot be fixed) or my spouse has been adjudicated mentally

incapacitated for a period of at least three years (see section

61.052(1)(b), Florida Statutes).

See appendices 1, 2, 3, and Chapter 61, Florida Statutes, for further

information.

*1096

NOTE: You or the clerk will need to complete a Civil Cover Sheet

(Form 1.997, Florida Rules of Civil Procedure) when this Petition for

Dissolution of Marriage form is filed with the clerk of the court. The

clerk's office can provide this Civil Cover Sheet form.

A person who is NOT an attorney is called a nonlawyer. If a nonlawyer

helps you fill out these forms, that person must give you a copy of Family

Law Form 12.900, Disclosure from Nonlawyer, before they help you. Anyone

helping you fill out these forms also must put their name, address, and

telephone number on the bottom of the last page of every form they help you

fill out.

IN THE CIRCUIT COURT OF THE _________ JUDICIAL CIRCUIT, IN AND

FOR __________ COUNTY, FLORIDA

Case No.: ____________________________

Division: ____________________________

__________________________________,

Petitioner

and

__________________________________,

Respondent.

________________________________\

PETITION FOR DISSOLUTION OF MARRIAGE

[ fill in all blanks that apply]

1. JURISDICTION/RESIDENCE _________ Husband ________ Wife has/have lived in

Florida for at least 6 months before, and in this county right before,

the filing of this Petition for Dissolution of Marriage and neither

party is a member of the military service. The parties lived last as

Husband and Wife in { name } ______________ County, Florida.

2. STATISTICAL FACTS.

Date of marriage: _____________________________

Place of marriage: ____________________________

Date of separation, if applicable: ____________

3. MARITAL AND NONMARITAL* ASSETS AND DEBTS AS PRESENTLY KNOWN

[✓ one only]

a. ____ There are no marital assets or debts.

b. ____ All marital assets and debts have been divided by written

agreement, which is attached.

c. ____ All assets and debts are listed in the Financial Affidavit to be

completed and filed with this petition (Florida Family Law Form

12.901(d) or 12.901(e)).

d. Pension/Retirement plans [✓ all that apply]

____ The husband has pension/retirement benefits that accrued during

the marriage

____ The wife has pension/retirement benefits that accrued during the

marriage

____ The husband should keep all of his pension/retirement benefits

that accrued during the marriage

____ The wife should keep all of her pension/retirement benefits that

accrued during the marriage

____ The court should divide the parties' pension/retirement benefits

by a qualified domestic relations order to be file separately

with this court.

* See Appendix 2 for what is marital and what is nonmarital

*1097

4. SPOUSAL SUPPORT (ALIMONY)

____ spousal support is needed by the [✓ one only] _____ husband or _____

wife and the [✓ one only] ____ husband or ______ wife is able to pay that

support.

5. MINOR (under 18) CHILDREN OF THIS MARRIAGE

[✓ one only]

a. ____ There are no minor children.

b. ____ The wife is pregnant. { due date } _________

c. ____ The wife is not pregnant.

d. ____ The minor children are:

Name Birth Date Age Sex

____________________ ______________________ _____________ ____________

____________________ ______________________ _____________ ____________

____________________ ______________________ _____________ ____________

____________________ ______________________ _____________ ____________

e. A Uniform Child Custody Jurisdiction Act Affidavit is being filed with

this petition. IF THERE ARE MINOR CHILDREN (under 18), you must fill

out and file with this petition/request a Uniform Child Custody

Jurisdiction Affidavit form (Florida Family Law Form 12.901(f)).

6. PETITIONER REQUESTS THE FOLLOWING RELIEF FROM THE COURT, including

injunctive and other orders as may be proper, that:

[ fill in all blanks that apply]

a. ____ The marriage be dissolved (ended).

[✓ one only]

____ Marriage irretrievably broken. (cannot be fixed)

____ One of the parties has been adjudged mentally incapacitated

for a period of 3 years prior to the filing of this petition.

b. ____ Child custody (primary residence) of child(ren) be [✓ one only]

with: ____ Husband ____ or Wife or ____ Other (specify) ________

This is in the child(ren)'s best interest because: ______________________

___________________________________________________________________________

__________________________________________________________________________.

c. ____ Parental responsibility

[✓ one only]

____ Shared to: ____ Husband ____ Wife ____ Other (e.g., certain

decisions with one parent such as education, medical, religious

training etc.)

____ Sole to: ____ Husband ____ Wife

This is in the child(ren)'s best interest because: ______________________

___________________________________________________________________________

__________________________________________________________________________.

d. ____ Child visitation: [✓ one only]

____ to be decided by the court.

____ as agreed to by the parties (schedule attached).

____ should be _________________________________________________.

*1098

This is in the child(ren)'s best interest because: ______________________

___________________________________________________________________________

___________________________________________________________________________

__________________________________________________________________________.

e. ____ Child support should be set by Florida's child support

guidelines (see section 61.30, Florida Statutes).

f. ____ Child support should NOT be set by Florida's child support

guidelines (see section 61.30, Florida Statutes).

The court should do this because: _______________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

g. ____ Unusual or uninsured medical/dental expenses for the children

be provided by:

[✓ one only] ____ Husband or ____ Wife or ____ Husband and wife

each pay one-half.

h. ____ Medical/dental insurance ____ is or ____ is not reasonably

available to the ____ husband or ____ wife for the child(ren)

and ____ husband or ____ wife should be required to provide it.

i. ____ Life insurance be provided by: ____ Husband ____ Wife.

j. ____ Spousal support be paid to: ____ Husband ____ Wife.

The court should do this because: _______________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

k. ____ Equitable distribution of marital assets and debts be decided by

the court.

____ Personal property or interests (attach schedule in accordance

with paragraph 3)

____ Real property (attach legal descriptions)

____ Debts (attach list)

l. ____ Pension/Retirement plan to be awarded or distributed

m. ____ Attorneys' fees, suit money, and costs be awarded to: ____

Husband ____ Wife

The court should do this because: _______________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

n. ____ Wife's former name restored

o. ____ Other relief. If injunctive relief is sought, state the facts

which support irreparable damage or injury.

p. ____ The petitioner needs and the respondent is able to pay all of

the money asked for in this petition.

DATED: __________________________

*1099

______________________________________

Signature of party signing certificate

and pleading

Printed name _________________________

Address ______________________________

______________________________________

City State Zip

______________________________________

Telephone (area code and number)

______________________________________

Telefax (area code and number)

STATE OF FLORIDA

COUNTY OF { name } ___________________

Sworn to (or affirmed) and subscribed before me on { date } ______, 19__ by

{ name } ________________________.

______________________________________

NOTARY PUBLIC — STATE OF FLORIDA

______________________________________

[Print, type, or stamp commissioned

name of notary]

[✓ one only]

____ Personally known

____ Produced identification Type of identification produced ______________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN

THE BLANKS BELOW: [ fill in all blanks]

I, { name of nonlawyer } ___________________, a nonlawyer, located at { street }

_________________ { city } _________________ { state } _____, { phone } _________,

helped { name } _____________, who is the [✓ one only] _____ petitioner or

____ respondent, fill out this form.

INSTRUCTIONS FAMILY LAW FORM 12.901(c), AFFIDAVIT OF INSOLVENCY

$ If you have been sued or if you wish to sue someone and you cannot afford

to pay court fees and costs, you may ask that those fees and costs be

waived. To make this request, fill out this form and file it with the court.

A person who is NOT an attorney is called a nonlawyer. If a nonlawyer

helps you fill out these forms, that person must give you a copy of Family

Law Form 12.900, Disclosure from Nonlawyer, before they help you. Anyone

helping you fill out these forms also must put their name, address, and

telephone number on the bottom of the last page of every form they help you

fill out.

IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR

__________ COUNTY, FLORIDA

Case No.: _______________________________

Division: _______________________________

*1100

___________________________________,

Petitioner

and

____________________________________,

Respondent.

___________________________________\

AFFIDAVIT OF INSOLVENCY

[✓ check all which apply, fill in all blanks that apply]

STATE OF FLORIDA

COUNTY OF { name } __________________

BEFORE ME personally appeared { name } _______________ who, after being

sworn, states:

I am insolvent and unable to pay the charges, costs, or fees otherwise

payable by law to any clerk, or sheriff in this civil action because

[✓ one only]:

____ a. I am currently receiving public assistance: $ _________ per _______

Case No. ______________.

____ b. I am unable to pay those clerk's fees and costs because of

indigency, based on the following facts:

INCOME: ________________________________________________________________

Employer name and address

___________________________

Length of employment

$ ___________ $ __________

Avg. gross pay Avg. net pay

per ______ week _________ month _______ 2 weeks

ASSETS: What I own. State value of car, home, bank deposits, bonds,

stocks, etc. _______________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

DEBTS/BILLS: What I owe. List item by item your monthly rent, installment

payments, mortgage payments, child support, etc.

Amount of Payment each month Who I pay it to

____________________________ _______________________________________

____________________________ _______________________________________

____________________________ _______________________________________

____________________________ _______________________________________

____________________________ _______________________________________

____________________________ _______________________________________

DATED: ______________________________

____________________________________

Signature of party signing affidavit

Printed name _______________________

Address ____________________________

____________________________________

City State Zip

____________________________________

Telephone (area code and number)

____________________________________

Telefax (area code and number)

*1101

STATE OF FLORIDA

COUNTY OF { name } ___________________

Sworn to (or affirmed) and subscribed before me on { date } ________, 19__ by

{ name } __________________.

___________________________________________

NOTARY PUBLIC — STATE OF FLORIDA

___________________________________________

[Print, type, or stamp commissioned name of

notary]

[✓ one only]

____ Personally known

____ Produced identification Type of identification produced ___________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN

THE BLANKS BELOW: [ fill in all blanks]

I, { name of nonlaw

This text is long and has been trimmed here. Open the source document for the complete record.