Opinion

In Re: Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report

Court: Supreme Court of Florida
Filed: Nov 12, 2020
Status: Published
Cited by: 0 cases

The opinion

Supreme Court of Florida

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No. SC20-162

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IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF

PROCEDURE—2020 REGULAR-CYCLE REPORT.

November 12, 2020

PER CURIAM.

We have for consideration the regular-cycle report of The Florida Bar’s

Family Law Rules Committee (Committee) proposing amendments to the Florida

Family Law Rules of Procedure (Rules). See Fla. R. Jud. Admin. 2.140(b).1 We

have jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

The Committee proposes amendments to rules 12.060 (Transfers of

Actions), 12.070 (Process), 12.285 (Mandatory Disclosure), 12.350 (Production of

Documents and Things and Entry on Land for Inspection and Other Purposes),

1. The Committee filed its report prior to the effective date of the

amendments adopted in In re Amendments to Florida Rule of Judicial

Administration 2.140, 289 So. 3d 1264 (Fla. 2020), which “[did] away with the set

schedule for rules committee reports.” Id. at 1264.

12.410 (Subpoena), 12.491 (Child Support Enforcement), and forms 12.900(b)

(Notice of Limited Appearance), 12.900(c) (Consent to Limited Appearance by

Attorney), 12.900(d) (Termination of Limited Appearance), 12.900(e)

(Acknowledgement of Assistance by Attorney), 12.900(g) (Agreement Limiting

Representation), 12.902(b) (Family Law Financial Affidavit (Short Form)),

12.902(c) (Family Law Financial Affidavit (Long Form)), 12.902(e) (Child

Support Guidelines Worksheet), 12.902(f)(3) (Marital Settlement Agreement for

Simplified Dissolution of Marriage), 12.910(a) (Summons: Personal Service on an

Individual), 12.913(b) (Affidavit of Diligent Search and Inquiry), 12.913(c)

(Affidavit of Diligent Search), 12.921 (Notice of Hearing (Child Support

Enforcement Hearing Officer)), 12.928 (Cover Sheet for Family Court Cases),

12.930(a) (Notice of Service of Standard Family Law Interrogatories), 12.930(b)

(Standard Family Law Interrogatories for Original or Enforcement Proceedings),

12.930(c) (Standard Family Law Interrogatories for Modification Proceedings),

12.932 (Certificate of Compliance with Mandatory Disclosure), 12.984(b)

(Response by Parenting Coordinator), 12.984(c) (Parenting Coordinator Report of

an Emergency), 12.996(b) (Notice to Payor), and 12.996(c) (Notice of Filing

Return Receipt). The Committee also proposes new forms 12.975(a) (Petition for

Grandparent Visitation with Minor Child(ren)) and 12.975(b) (Order on

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Grandparent’s Petition for Visitation with Minor Child(ren)). The Board of

Governors of The Florida Bar unanimously approved the proposals.

The Committee published the proposals for comment before filing them with

the Court and received two comments. In response to one of the comments, the

Committee revised several of the proposed rule and form amendments. After the

Committee filed its report, the Court published the proposals for comment. The

Court received one comment.

Upon consideration of the Committee’s report and the comments, we adopt

the amendments to the Florida Family Law Rules of Procedure as proposed, with

minor modifications. We discuss the more significant amendments below.

AMENDMENTS

First, we amend rule 12.060 (Transfers of Actions) to harmonize it with

Florida Rule of Civil Procedure 1.060 (Transfers of Actions) by making dismissal

of an action mandatory if the service fee is not paid within thirty days of

commencing the action.

Next, we amend subdivisions (b)(1)(A) and (b)(1)(B) of rule 12.285

(Mandatory Disclosure) to clarify the service requirements and provide greater

specificity as to when required documents must be served on the other party. Also,

we make several amendments throughout subdivisions (d) (Disclosure

Requirements for Temporary Financial Relief) and (e) (Parties’ Disclosure

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Requirements for Initial or Supplemental Proceedings) of rule 12.285 that increase

the time period for which various documents must be produced, provide greater

specification as to what documents should be produced, and expand the types of

documents that should be produced. In addition to providing a better

understanding of the parties’ financial situations, these amendments will increase

fairness and disclosure. For example, subdivision (d)(2) will now require that

three years of tax returns be produced, and subdivisions (d)(4) and (e)(4) will

require six months of pay stubs. Additionally, credit reports and any other form of

financial disclosure are added to the types of documents that must be produced

under subdivision (e)(6). Also, new subdivision (e)(11) is added to require

disclosure of virtual currency transactions or holdings, and the remainder of

subdivision (e) is renumbered accordingly.

Also, we amend rule 12.491 (Child Support Enforcement) by adding new

subdivisions (e)(1)(A), which provides the required language that must be included

in notices and orders regarding the procedure for a motion to vacate, and (e)(1)(B),

which requires that notices and orders state whether electronic recording or court

reporting is provided by the court or whether the court reporter would be at a

party’s expense. Additionally, a sentence is added to subdivision (f) that requires a

recommended order to include the name and address of the court reporter, if

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present, as well as information on how a litigant can obtain a recording of the

hearing.

Next, we add new sections regarding e-filing and e-service election, which

have previously been added to the Florida Supreme Court Approved Forms, 2 to all

of the instructions in the forms listed above, with the exception of form 12.900(g)

(Agreement Limiting Representation), as it does not get filed with the court.

Additionally, at the Committee’s recommendation to increase self-

represented litigants’ access to the courts, we delete the notary block from forms

12.902(b) (Family Law Financial Affidavit (Short Form)), 12.902(c) (Family Law

Financial Affidavit (Long Form)), 12.913(b) (Affidavit of Diligent Search and

Inquiry), 12.913(c) (Affidavit of Diligent Search), 12.930(b) (Standard Family

Law Interrogatories for Original or Enforcement Proceedings), 12.930(c) (Standard

Family Law Interrogatories for Modification Proceedings), and 12.932 (Certificate

of Compliance with Mandatory Disclosure).

Also, we amend the forms by replacing “Husband” and “Wife” with

“Petitioner” and “Respondent,” making the forms gender-neutral.

Next, we amend form 12.921 (Notice of Hearing (Child Support

Enforcement Hearing Officer)) by adding language from Turner v. Rogers, 564

2. See In re Amends. to Fla. Supreme Court Approved Family Law Forms,

173 So. 3d 19 (Fla. 2015).

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U.S. 431 (2011), explaining that the obligor’s ability to pay is a critical issue in

contempt proceedings and that the court must make an express finding that the

obligor has the ability to pay child support. Additionally, a new paragraph is

added to the form regarding the process to address a motion to vacate so that this

form is consistent with forms 12.920(b) and (c), which are used for a referral to or

a hearing before a general magistrate. However, for additional consistency with

those forms, as well as with rule 12.491(e)(1)(A) (Child Support Enforcement;

General Powers and Duties), we add the phrase “if necessary” to the last sentence

of the new paragraph so that the sentence reads: “The person seeking review must

have the transcript prepared if necessary for the Court’s review.” Lastly, we

modify the reference to form “12.901(b) (Short Form)” in form 12.921 to read

“12.902(b) (Short Form)”, as the Short Form Family Law Financial Affidavit is

form 12.902(b).

Further, we amend form 12.932 (Certificate of Compliance with Mandatory

Disclosure). First, in the instructions to the form, “dissolution of marriage case” is

replaced with “family matter” to clarify that mandatory disclosure is required in all

family law proceedings rather than only in dissolution of marriage cases.

Additionally, many subdivisions are amended throughout the form for consistency

with the amendments to rule 12.285 (Mandatory Disclosure) and to increase

fairness and disclosure. For example, paragraphs 1.c. and 2.c. will now require

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disclosure of six months of paystubs or other evidence of earned income. New

paragraph 2.j. also is added to require the disclosure of virtual currency holdings.

Finally, we adopt new forms 12.975(a) (Petition for Grandparent Visitation

with Minor Child(ren)) and 12.975(b) (Order on Grandparent’s Petition for

Visitation with Minor Child(ren)), with minor technical changes. The Committee

proposed the new forms in response to chapter 2015-134, section 3, Laws of

Florida, which created section 752.011, Florida Statutes (2019), and established the

limited circumstances under which grandparents can petition for visitation rights

with their minor grandchildren. Form 12.975(a) is to be used when a grandparent

files for visitation rights as provided in section 752.011, Florida Statutes (2019),

and form 12.975(b) is a form order to be provided to the court at the hearing on the

petition.

CONCLUSION

Accordingly, the Florida Family Law Rules of Procedure are amended as set

forth in the appendix to this opinion. New language is indicated by underscoring,

and deletions are indicated by struck-through type. The forms are fully engrossed

and ready for use. The forms may also be accessed and downloaded from the

Florida Courts website at https://www.flcourts.org/Resources-Services/Court-

Improvement/Family-Courts/Family-Law-Forms. By adoption of the new and

amended forms, we express no opinion as to their correctness or applicability. The

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amended rules and the amended and new forms shall become effective January 1,

2021, at 12:01 a.m.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL,

and GROSSHANS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE

EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Cory Aaron Brandfon, Chair, and Hon. Mary Lou Cuellar-Stilo, Past Chair, Family

Law Rules Committee, Tampa, Florida; and Joshua E. Doyle, Executive Director,

and Mikalla Andies Davis, Bar Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Joan K. Koch, Chief Counsel, Child Support Program, Florida Department of

Revenue, Tallahassee, Florida,

Responding with comments

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APPENDIX

RULE 12.060. TRANSFERS OF ACTIONS

(a) – (b) [No Change]

action is transferred under this rule must be paid by the party who commenced the

action within 30 days from the date the order of transfer is entered, subject to

taxation as provided by law when the action is determined. If the service charge is

not paid within the 30 days, the action maymust be dismissed without prejudice by

the court that entered the order of transfer.

RULE 12.070. PROCESS

(a) – (d) [No Change]

(e) Constructive Service.

(1) [No Change]

(2) For constructive service of process in any case or proceeding

involving parental responsibility, custody, or time-sharing with a minor child, the

petitioner must file an affidavit of diligent search and inquiry that conforms with

Florida Family Law Rules of Procedure Form 12.913(cb). If the responding party

cannot be located, the party must be served with process by publication in the

manner provided by chapter 49, Florida Statutes. The clerk of the circuit court

must mail a copy of the notice to the party’s last known address.

(3) [No Change]

(f) – (l) [No Change]

RULE 12.285. MANDATORY DISCLOSURE

(a) [No Change]

(b) Time for Production of Documents.

(1) Temporary Financial Relief Hearings. Any document

required under this rule in any temporary financial relief proceeding, whether an

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initial proceeding or supplemental proceeding, must be served on the other party

for inspection and copying as follows.

(A) TheAny party seeking relief must serve the required

documents on the other party with the notice ofat least ten days prior to the

temporary financial hearing, unless the documents have already been served under

subdivision (b)(2).

(B) The responding party, if not otherwise seeking relief,

must 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 relief hearing if

served by delivery or 7 days before the day of the temporary financial relief

hearing if served by mail or e-mail, unless the documents have been received

previously by the party seeking relief under subdivision (b)(2). A responding party

must 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) will occur before the expiration of

the 12 days, the provisions of subdivision (b)(2) controlat least five days prior to

the temporary financial hearing, unless the documents have already been served

under subdivision (b)(2) of this rule.

(2) [No Change]

(d) Disclosure Requirements for Temporary Financial Relief. In any

proceeding for temporary financial relief heard within 45 days of the service of the

initial pleading or within any extension of the time for complying with mandatory

disclosure granted by the court or agreed to by the parties, the following

documents must be served on the other party:

(1) [No Change]

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

tax returns, and intangible personal propertyforeign tax returns filed by the party or

on the party’s behalf for the past 3 years, including all attachments, including

Forms W-2, 1099, K-1, and all accompanying schedules and worksheets

comprising the entire tax return. A party may file a transcript of the tax return as

provided by Internal Revenue Service Form 4506 T in lieu of his or her individual

federal income tax return for purposes of a temporary hearing.

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(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. If income tax returns have not been

filed for any of the prior 2 years beyond the past year, then IRS forms W-2, 1099,

and K-1 for those prior 2 years as well.

(4) Pay stubs or other evidence of earned income for the 36 months

before service of the financial affidavitcompliance with these disclosure

requirements for temporary financial relief.

(e) Parties’ Disclosure Requirements for Initial or Supplemental

Proceedings. A party must serve the following documents in any proceeding for

an initial or supplemental request 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:

(1) A financial affidavit in substantial conformity with Florida

Family Law Rules of Procedure Form 12.902(b) if the party’s gross annual income

is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if

the party’s gross annual income is equal to or more than $50,000, which

requirement cannot be waived by the parties. The financial affidavits must also be

filed with the court. A party may request, by using the Standard Family Law

Interrogatories, or the court on its own motion may order, a party whose gross

annual income is less than $50,000 to complete Florida Family Law Rules of

Procedure Form 12.902(c). All documents supporting the income, assets, and

liabilities figures entered into the financial affidavit must also be produced.

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

tax returns, and intangible personal propertyforeign tax returns filed by the party or

on the party’s behalf for the past 3 years, including all attachments, including

Forms W-2, 1099, K-1, and all accompany schedules and worksheets comprising

the entire tax return. A party may file a transcript of the tax return as provided by

Internal Revenue Service Form 4506T in lieu of his or her individual federal

income tax return for purposes of a temporary hearing.

(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. If income tax returns have not been

filed for any of the prior 2 years beyond the past year, then IRS forms W-2, 1099,

and K-1 for those prior 2 years as well.

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(4) Pay stubs or other evidence of earned income for the 36 months

before service of the financial affidavitcompliance with these disclosure

requirements for initial or supplemental proceedings.

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

source of all income received from any source during the 36 months preceding the

service of the financial affidavit required by this rulecompliance with these

disclosure requirements for initial or supplemental proceedings if not reflected on

the pay stubs produced.

(6) All loan applications, and financial statements, credit reports, or

any other form of financial disclosure, including financial aid forms, prepared or

used within the 1224 months preceding service of that party’s financial affidavit

required by this rulecompliance with these disclosure requirements for initial or

supplemental proceedings, whether for the purpose of obtaining or attempting to

obtain credit or for any other purpose.

(7) All deeds withinevidencing any ownership interest in property

held at any time during the last 3 years, all promissory notes or other documents

evidencing money owed to either party at any time within the last 1224 months,

and all present leases, in which the party owns or owned an interest, whether 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 persona party or a

minor or adult dependent child of both parties, or in someone else’s name on the

party’s behalf wherein either the party:

(A) is receiving or has received payments at any time within

the last 3 years for leased real or personal property, or

(B) owns or owned an interest.

(8) All periodic statements from the last 312 months for all

checking accounts, and from the last 12 months for all other accounts (for example,

savings accounts, money market funds, certificates of deposit, etc.), 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 persona party or a minor or

adult dependent child of both parties, or in someone else’s name on the party’s

behalf. For all accounts that have check-writing privileges, copies of canceled

checks and registers, whether written or electronically maintained, shall also be

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produced, so that the payee and purpose of each individual instrument can be

ascertained.

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

action held within the last 12 months 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 any other personfor a party or a minor or

adult dependent child of both parties, or in someone else’s name on the party’s

behalf. For all accounts that have check-writing privileges, copies of canceled

checks and registers, whether written or electronically maintained, shall also be

produced, so that the payee and purpose of each individual instrument can be

ascertained.

(10) The most recent statement and statements for the past 12

months for any profit sharing, retirement, deferred compensation, or pension plan

(for example, IRA, 401(k), 403(b), SEP, KEOGH, or other similar account) in

which the party is a participant or an alternate payee receiving payments and the

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

which the party is a participant or an alternate payee receiving payments. (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).)

(11) The most recent statement and statements for the past 12

months for any virtual currency transactions in which either party to this action

participated within the last 12 months 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 a party or a minor or adult dependent

child of both parties, or in someone else’s name on the party’s behalf. Virtual

currency is a digital representation of value that functions as a medium of

exchange, a unit of account, and/or a store of value. A listing of all current

holdings of virtual currency shall also be disclosed.

(112) The declarations page, the last periodic statement, statements

for the past 12 months, and the certificate for all life insurance policies insuring the

party’s life or the life of the party’s spouse, whether group insurance or otherwise,

and all current health and dental insurance cards covering either of the parties

and/or their dependent children.

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(123) Corporate, partnership, and trust tax returns for the last 3 tax

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

greater than or equal to 30%.

(134) All promissory notes evidencing a party’s indebtedness for the

last 1224 months, whether since paid or not, all credit card and charge account

statements and other records showing the party’s indebtedness as of the date of the

filing of this action and for the last 324 months preceding compliance with these

disclosure requirements, and all present lease agreements, whether owed 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 persona party or a

minor or adult dependent child of both parties, or in someone else’s name on the

party’s behalf.

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

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

and all affidavits and declarations of non-paternity or judgments of

disestablishment of paternity for any minor or dependent children born or

conceived during the marriage. Additionally, in any modification proceeding, each

party must serve on the opposing party all written agreements entered into between

them at any time since the order to be modified was entered.

(156) All documents and tangible evidence supporting the producing

party’s claim that an asset or liability is nonmarital, for enhancement or

appreciation of nonmarital property, or for an unequal distribution of marital

property. The documents and tangible evidence produced must be for the time

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

from the date of the marriage, if based on premarital acquisition.

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

child support.

(f) [No Change]

(g) Sanctions. Any document to be produced under this rule that is not

served on the opposing party fewer than 24 hourswithin the time periods set forth

in subdivision (b)(1), as applicable, 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.

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The court may also impose sanctions upon the offending lawyer in lieu of

imposing sanctions on a party.

(h) Extensions of Time for Complying with Mandatory Disclosure. By

agreement of the parties, the time for complying with mandatory disclosure may be

extended. Either party may also file, at least 5 days before the due date, a motion to

enlarge the time for complying with mandatory disclosure. The court must grant

the request for good cause shown.

(i) – (m) [No Change]

Commentary

[No Change]

Committee Notes

[No Change]

RULE 12.350. PRODUCTION OF DOCUMENTS AND THINGS AND

ENTRY ON LAND FOR INSPECTION AND OTHER

PURPOSES

(a) Request; Scope. Any party may request any other party:

(1) – (3) [No Change]

(b) Procedure. Without leave of court the request may be served on the

petitioner after commencement of the action and on any other party with or after

service of the process and initial pleading on that party. The request must set forth

the items to be inspected, either by individual item or category, and describe each

item and category with reasonable particularity. The request must specify a

reasonable time, place, and manner of making the inspection or performing the

related acts. The party to whom the request is directed must serve a written

response within 30 days after service of the request, except that a defendant may

serve a response within 45 days after service of the process and initial pleading on

that defendant. The court may allow a shorter or longer time. For each item or

category, the response must state that inspection and related activities will be

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

for the objection must be stated. If an objection is made to part of an item or

category, the part must be specified. When producing documents, the response

must include an accompanying notice filed in compliance with Rule of Judicial

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Administration 2.425 with the court that states with specificity each document

produced. When producing documents, the producing party must either produce

them as they are kept in the usual course of business or must identify them to

correspond with the categories in the request. A request for electronically stored

information may specify the form or forms in which electronically stored

information is to be produced. If the responding party objects to a requested form,

or if no form is specified in the request, the responding party must state the form or

forms it intends to use. If a request for electronically stored information does not

specify the form of production, the producing party must produce the information

in a form or forms in which it is ordinarily maintained or in a reasonably usable

form or forms. The party submitting the request may move for an order under rule

12.380 concerning any objection, failure to respond to the request, or any part of it,

or failure to permit the inspection as requested.

(d) Filing of Documents. Unless required by the court, a party shall not

file any of the documents or things produced with the response, although a party

must include an accompanying notice filed in compliance with Rule of Judicial

Administration 2.425 with the court that states with specificity each document

produced. Documents or things may be filed in compliance with Florida Rule of

Judicial Administration 2.425 and rule 12.280(j) when they should be considered

by the court in determining a matter pending before the court.

RULE 12.410. SUBPOENA

(a) – (b) [No Change]

(1) Generally. A subpoena may also command the person to whom

it is directed to produce the books, papers, documents (including electronically

stored information), or tangible things designated therein, but the court, on motion

made promptly and in any event at or before the time specified in the subpoena for

compliance with it, may:

(A) quash or modify the subpoena if it is unreasonable and

oppressive, or

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(B) condition denial of the motion upon the advancement by

the person in whose behalf the subpoena is issued of the reasonable cost of

producing the books, papers, documents, or tangible things.

A party seeking a production of evidence at trial which would be

subject to a subpoena may compel such production by serving a notice to produce

such evidence on an adverse party as provided in rule 12.080(ba). Such notice shall

have the same effect and be subject to the same limitations as a subpoena served on

the party.

(2) [No Change]

(d) – (h) [No Change]

Committee Note

[No Change]

RULE 12.491. CHILD SUPPORT ENFORCEMENT

(a) [No Change]

(b) Scope. This rule shall apply to proceedings for:

(1) – (2) [No Change]

(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;

(A) The notice or order setting the cause for hearing shall

contain the following language in bold type:

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SHOULD YOU WISH TO SEEK REVIEW OF THE ORDER UPON

THE RECOMMENDATIONS OF THE CHILD SUPPORT

ENFORCEMENT HEARING OFFICER, YOU MUST FILE A

MOTION TO VACATE WITHIN 10 DAYS FROM THE DATE OF

ENTRY OF THE ORDER IN ACCORDANCE WITH FLORIDA

FAMILY LAW RULE OF PROCEDURE 12.491(f). YOU WILL BE

REQUIRED TO PROVIDE THE COURT WITH A RECORD

SUFFICIENT TO SUPPORT YOUR POSITION OR YOUR MOTION

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.

(B) 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 shall also state that any party may

provide a court reporter at that party’s expense.

(2) – (4) [No Change]

(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. If a court reporter was present, the recommended order shall contain

the name and address of the reporter. If the hearing was recorded and the litigant

did not utilize a court reporter, the order shall contain information as to how a

litigant can obtain a copy of the recording. 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 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) – (h) [No Change]

Commentary

[No Change]

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Committee Note

[No Change]

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.900(b)

NOTICE OF LIMITED APPEARANCE (11/20)

When should this form be used?

This form should be used to provide notice to the court and the other attorney or party when

an attorney is making a limited appearance for a client under Florida Family Law Rule of

Procedure 12.040.

This form should be typed or printed in black ink. After completing and signing this form, the

attorney should file this document with the clerk of the circuit court in the county in which the

action is pending and keep a copy for his or her records.

What should I do next?

A copy of this form must be filed with the court and served on the other party or his or her

attorney. The copy you are serving to the other party must be either mailed, e-mailed, or hand-

delivered to the opposing party or his or her attorney on the same day indicated on the

certificate of service. If it is mailed, it must be postmarked on the date indicated in the

certificate of service. Service must be in accordance with Florida Rule of Judicial Administration

2.516.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and

documents be filed electronically except in certain circumstances. Self-represented litigants

may file petitions or other pleadings or documents electronically; however, they are not

required to do so. If you choose to file your pleadings or other documents electronically, you

must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow

the procedures of the judicial circuit in which you file. The rules and procedures should be

carefully read and followed.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or

certified process server, the Florida Rules of Judicial Administration now require that all

documents required or permitted to be served on the other party must be served by electronic

mail (e-mail) except in certain circumstances. You must strictly comply with the format

requirements set forth in the Florida Rules of Judicial Administration. If you elect to participate

in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or

through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial

Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of

Instructions for Florida Family Law Rules of Procedure Form 12.900(b), Notice of Limited Appearance

(11/20)

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Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of

Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT

REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by

email, the procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using

the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family

Law Form 12.915, and you must provide your e-mail address on each form on which your

signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service

(General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current

Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and

Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

See Florida Family Law Rule of Procedure 12.040.

Instructions for Florida Family Law Rules of Procedure Form 12.900(b), Notice of Limited Appearance

(11/20)

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IN THE CIRCUIT COURT OF THE _______________________________ JUDICIAL CIRCUIT,

IN AND FOR ___________________________________ COUNTY, FLORIDA

Case No.: ________________________

Division: ________________________

_______________________________,

Petitioner,

and

_______________________________,

Respondent.

NOTICE OF LIMITED APPEARANCE

{Attorney’s name} __________________________________________ files this Notice of Limited

Appearance on behalf of {name} _____________________________________, [choose one

only] ( ) Petitioner ( ) Respondent, for the following limited purpose(s).

[choose all that apply]:

1. ___ The hearing set for {date} _____________________________, at {time} ___________on

the issue(s) of {specify} _______________________________________________________.

2. ___ To represent [check one only] ( ) Petitioner ( ) Respondent on the following issues

throughout the proceedings:

a. ___ Parental responsibility and time-sharing.

b. ___ Equitable distribution of marital assets and liabilities.

c. ___ Alimony.

d. ___ Child support.

e. ___ Other {specify}: _______________________________________________________

The clerk of the above-styled court is requested to enter this notice of record.

Copies of all future court papers should be served on the undersigned attorney at the address

listed and on the [choose one only] ( ) Petitioner ( ) Respondent at {name, address, e-mail

address(es),telephone number, and fax number} _____________________________________

______________________________________________________________________________

Florida Family Law Rules of Procedure Form 12.900(b), Notice of Limited Appearance (11/20)

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I certify that a copy of this notice of limited appearance was: [check all used] ( ) e-mailed

( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on

{date} _______________________.

Other party or his/her attorney:

Name: _________________________________

Address: _______________________________

City, State, Zip: __________________________

Telephone Number: ______________________

Fax Number: ____________________________

E-mail Address(es): _______________________

________________________________

Signature of Attorney

Printed Name: ____________________

Address: _________________________

City, State, Zip: ____________________

Telephone Number: ________________

E-mail Address(es):_________________

Florida Bar Number:

________________

________________________________

Signature of Petitioner/Respondent

Printed Name: ____________________

Address: _________________________

City, State, Zip: ____________________

Telephone Number: ________________

E-mail Address(es):_________________

Florida Family Law Rules of Procedure Form 12.900(b), Notice of Limited Appearance (11/20)

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE

FORM 12.900(c)

CONSENT TO LIMITED APPEARANCE BY ATTORNEY

(11/20)

When should this form be used?

This form should be used for a client to give consent when an attorney is making a limited

appearance for the client under Florida Family Law Rule of Procedure 12.040.

This form should be typed or printed in black ink. After completing this form, the client should

sign the document. The attorney or client should then file the document with the clerk of the

circuit court in the county in which the action is pending. The attorney and client should each

keep a copy for his or her records.

What should I do next?

A copy of this form must be served on the other party or his or her attorney. The copy you are

serving to the other party must be either mailed, e-mailed, or hand-delivered to the opposing

party or his or her attorney on the same day indicated on the certificate of service. If it is mailed,

it must be postmarked on the date indicated in the certificate of service. Service must be in

accordance with Florida Rule of Judicial Administration 2.516.