# In Re Family Law Rules of Procedure

> Supreme Court of Florida · November 22, 1995 · 20 Fla. L. Weekly Supp. 581

URL: https://www.frixlaw.com/law-library/cases/1715618

## Case

- **Court:** Supreme Court of Florida
- **Decided:** November 22, 1995
- **Citations:** 20 Fla. L. Weekly Supp. 581; 663 So. 2d 1049; 1995 Fla. LEXIS 1953; 1995 WL 689537
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1715618

## How later opinions describe it (automated extraction)

- stating that trial judge has an obligation to review the entire record if exceptions are filed to a general master’s report and recommendation
- emphasizing that judge must review the entire record if exceptions are filed to the master's recommendation

## Opinion text

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.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
RULE 12.050. WHEN ACTION COMMENCED
Commencement of actions shall be governed by Florida Rule of Civil
Procedure 1.050.
------------------------------------------------------------------------
RULE 12.060. TRANSFERS OF ACTIONS
Transfers of actions shall be governed by Florida Rule of Civil Procedure
1.060.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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)).
------------------------------------------------------------------------
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.
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RULE 12.140. DEFENSES
Defenses shall be governed by Florida Rule of Civil Procedure 1.140.
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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.
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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.
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*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.
------------------------------------------------------------------------
RULE 12.390. DEPOSITIONS OF EXPERT WITNESSES
Depositions of expert witnesses shall be governed by Florida Rule of Civil
Procedure 1.390.
------------------------------------------------------------------------
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.
-------------------------------------------------------------------------
RULE 12.510. SUMMARY JUDGMENT
Summary judgment shall be governed by Florida Rule of Civil Procedure
1.510.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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.
-------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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.
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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.
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(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
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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).
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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
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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 Procedu

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1715618. Public record. Not legal advice.