# Amendments to the Florida Family Law Rules of Procedure & Family Law Forms

> Supreme Court of Florida · September 21, 2000 · 26 Fla. L. Weekly Supp. 13

URL: https://www.frixlaw.com/law-library/cases/7748734

## Case

- **Full name:** AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS
- **Court:** Supreme Court of Florida
- **Decided:** September 21, 2000
- **Citations:** 26 Fla. L. Weekly Supp. 13; 810 So. 2d 1; 2000 Fla. LEXIS 2272; 2000 WL 1352932
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pariente
- **Judges:** Anstead, Harding, Lewis, Pariente, Quince, Shaw, Wells
- **Cited by:** 57 later opinions in the Frix Law Library

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## Opinion text

PARIENTE, J.
The Family Law Rules Committee (“the rules committee”) and the Family Court Steering Committee (“the steering committee”) have submitted to this Court proposed amendments to the Florida Family Law Rules of Procedure and the Florida Family Law Forms. 1 We published the committees’ proposed amendments in the January 1 and January 15, 2000 editions of The Florida Bar News, and nearly all of the resulting comments related to the proposed domestic and repeat violence injunction forms. We herein accordingly focus most of our attention on those forms, and additionally address who shall have continuing responsibility for the family law forms.
I. BACKGROUND
Simplifying the process has been, and continues to be, a primary goal of this Court in the family law context. Beginning with the establishment of the circuit court family divisions in 1991, this Court set out to “provide a better means for resolution of family issues in this state.” In re Report of the Comm’n on Family Courts, 588 So.2d 586, 592 (Fla.1991). Upon adopting family law rules and forms in 1995, this Court “extensively redrafted the [proposed] rules to eliminate as much complexity as possible ... [and] in an effort to assist the many pro se litigants in family law cases, ... redrafted the [proposed] rules to include Florida Supreme Court Approved Simplified Forms and instructional commentary and appendices.” In re Family Law Rules of Procedure, 663 So.2d 1047, 1048 (Fla.1995).
In again amending the family law rules and forms later in 1995, this Court directed “particular emphasis on revisions to *2 further simplify the family law process for the many pro se litigants in family law cases.” In re Family Law Rules of Procedure, 663 So.2d 1049, 1053 (Fla.1995). In later amending the family law rules and forms in 1998, this Court reiterated that “[t]he development of common sense rules and forms in family law cases, understandable by both lawyers and pro se litigants alike, is essential,” that “the rules governing family law eases should be crafted to establish an easy-to-understand process,” and that “[o]ur goal must be to simplify the process. Otherwise, we deny many citizens meaningful and affordable access to the courts, particularly when so many of them are self-represented.” Amendments to the Fla. Family Law Rules, 713 So.2d 1, 2 (Fla.1998).
This is especially true in the domestic violence context, wherein a great many of the litigants are unrepresented. As found by the Legislature, “the incidence of domestic violence in Florida is disturbingly high, and despite efforts of many to curb this violence, ... one person dies at the hands of a spouse, ex-spouse, or cohabitant approximately every 3 days.” § 741.32(1), Fla. Stat. (1999) (“Certification of Batterers’ Intervention Programs”); see also Weiand v. State, 732 So.2d 1044, 1053 (Fla.1999) (“It is now widely recognized that domestic violence ‘attacks are often repeated over time, and escape from the home is rarely possible without the threat of great personal violence or death.’ ”).
With so much at stake, simplicity in seeking, obtaining, and understanding the relief granted in domestic violence injunction cases is absolutely essential, especially in cases involving pro se litigants. We have in the past recognized that “domestic and repeat violence injunctions are an important and significant responsibility of family courts,” In re Family Law, 663 So.2d at 1049, and that it is extremely important to have “domestic violence issues addressed in an expeditious, efficient, and deliberative manner.” In re Report of the Comm’n on Family Courts, 646 So.2d 178, 182 (Fla.1994). We now reiterate that “we do not want these important issues to become bogged down in an administrative morass.” Id.
Uniformity in the form injunction orders themselves is likewise essential in this context. In adopting and requiring the use of standardized injunction forms in domestic and repeat violence cases in 1998, this Court recognized that, at that time, “most counties use[d] different injunction forms, which often result[ed] in enforcement problems across county lines for law enforcement officers” and that “standardized forms would assist law enforcement officers in the enforcement of injunctions because, at a glance, they would be able to easily determine the terms of an injunction no matter which court generated the injunction.” Amendments to the Fla. Family Law Rules, 713 So.2d at 3 ; see also In re Amendments to the Fla. Family Law Rules of Procedure (Self Help), 725 So.2d 365, 367 (Fla.1998) (explaining that adoption of the mandatory domestic violence injunction forms was to provide for statewide consistency in the use of the forms, and that “[t]his consistency was necessary given the distinct problems that are inherent in domestic violence cases”).
II. THE PROPOSED DOMESTIC AND REPEAT VIOLENCE INJUNCTION FORMS
The steering committee now explains that, after the adoption of the mandatory domestic and repeat violence injunction forms, “attorneys, judges, legal services organizations and other affected individuals and groups raised a number of concerns about the forms,” and that “[t]he Domestic Violence Subcommittee of the *3 Steering Committee carefully reviewed those concerns in developing the recommendations in [the present] petition.” As a result, according to the steering committee, “[t]he most significant proposed change to the form injunctions is the creation of separate forms for domestic violence cases involving children and domestic violence cases not involving children.”
We approve the steering committee’s proposal to create separate domestic violence injunction forms for cases involving children and cases not involving children. We below more specifically discuss the content of those domestic violence injunction forms, as well as the repeat violence injunction forms, proposed by the steering committee. 2 We also address related rule 12.610(c)(2)(A) proposed by the rules committee, which specifically pertains to the domestic and repeat violence injunction forms. We do not attempt to address every proposal and every comment received; rather, we focus our attention on the especially significant and pertinent proposals and comments, and particularly discuss all comments that have resulted in a modification to the proposed domestic and repeat violence injunction forms or related rule 12.610(c)(2)(A).
In so doing, we again emphasize the importance of simplicity and uniformity in these mandatory injunction forms. At the same time, however, we recognize that a “one size fits all” approach has the potential of rendering the injunction forms cumbersome for trial judges to use and litigants to understand. Accordingly, we have actively solicited and remain especially sensitive to comments from judges and others who use the forms on a daily basis.
A. Notice of Hearing
1. “For Example” Language: The proposed Temporary Injunction for Protection Against Domestic Violence forms in the “Notice of Hearing” section provide in pertinent part that at the scheduled hearing “the Court will consider whether the Court should issue an Injunction for Protection Against Domestic Violence, which would remain in effect until modified or dissolved by the Court, and whether other things should be ordered, including who should pay the filing fees and costs.” Attorneys Margaret Pearce of the Center Against Spouse Abuse and Denise Springer of Gulf Coast Legal Services suggest the following change at the end of this provision: “and whether other things should be ordered, including, for example, such matters as who should pay the filing fees and costs, visitation and support.” (Underscoring supplied to emphasize suggested changes.) They urge that “[t]his addition not only advises each party that these issues may be addressed at the hearing, but also clarifies the confusion by many petitioners and respondents who mistakenly believe that a permanent injunction will likewise automatically prohibit visitation.” They suggest that “[t]his can be particularly problematic when the petitioner appears for the return hearing to request a dismissal based on this belief.” We agree and, with minor modification, add the suggested “for example” language to the “with child(ren)” *4 form at issue, but of course omit the reference to visitation in the “without child(ren)” form at issue. We also sua sponte make clear in both of these forms that, at the scheduled hearing, “the Court will consider whether the Court should issue an Final Judgment of Injunction for Protection Against Domestic Violence.” (Struck-through type/underscoring supplied to emphasize changes.) We have made parallel changes in the Temporary Injunction for Protection Against Repeat Violence form.
2. “If Any” Language: The proposed Temporary Injunction for Protection Against Domestic Violence forms in the “Notice of Hearing” section also provide in pertinent part that “[a]ll witnesses and evidence must be presented at this time” (i.e., at the scheduled hearing). The steering committee urges that this proposed language “will clarify for the parties that the final hearing is evidentiary in nature.” Attorneys Pearce and Springer agree that “[i]t is a good idea to advise the parties that the return hearing is the time to present witnesses and evidence,” but point out that “there are rarely witnesses to domestic violence.” They therefore suggest that the sentence at issue should read: “All witnesses and evidence, if any, must be presented at this time,” urging that “[w]ithout the insertion of ‘if any,’ ... petitioners may be intimidated into thinking they do not have a chance if they do not have witnesses” and that “the currently proposed wording [may] appear[ ] as a mandate to bring witnesses and evidence, which may lead to unnecessarily lengthy hearings and much irrelevant testimony.” (Underscoring supplied to emphasize suggested change.) These insights are well-taken, and we accordingly add the suggested “if any” language to that proposed by the steering committee, which we approve.
3. Possible Abuse of the Domestic Violence Injunction Process: The proposed Temporary Injunction for Protection Against Domestic Violence forms in the “Notice of Hearing” section further provide in pertinent part that, “[i]n all cases where temporary support issues have been alleged in the pleadings, each party is ordered to bring his or her financial affidavit ..., tax return, pay stubs, and other evidence of financial income to the hearing.” The steering committee urges that this proposed language “will make it more likely that a court asked to establish support will have a sufficient evidentiary basis upon which to do so.”
Trial courts in the domestic violence injunction context clearly have the discretion to establish temporary support for the petitioner or any minor children involved. See § 741.30(6)(a)(4), Fla. Stat. (1999). However, Judge Irene H. Sullivan of the Sixth Judicial Circuit Court suggests that the domestic violence injunction process is sometimes abused “by those people really seeking support who have an existing case, without the need for an injunction.” In this vein, Judge Sullivan urges the following change to the proposed language at issue: “In all cases where temporary support issues have been alleged in the pleadings, and no other dissolution of marriage, paternity and/or support litigation is pending, each party is ordered to bring his or her financial affidavit....” (Struck-through type/ underscoring supplied to emphasize suggested changes.)
We share Judge Sullivan’s concerns about possible abuse of the domestic violence injunction process, but decline to adopt most of her suggested language for the notice of hearing at issue. As proposed by the steering committee, the notice of hearing plainly advises the parties where to be, when to be there, what to bring, and that certain assistance is avail *5 able to people with disabilities. Such straightforward simplicity in the notice of hearing is invaluable, especially in cases involving pro se litigants, for whom these forms were primarily developed. Guarding against possible abuse of the domestic violence injunction process, while of course a worthy and necessary goal, is more of a policy concern that falls outside the limited and functional purposes of the notice of hearing, and attempting to address such a concern in the notice of hearing may unnecessarily complicate matters. 3 We accordingly approve the language proposed by the steering committee in this regard, with only the word “all” deleted as suggested by Judge Sullivan.
4. Transcription: Finally, the proposed Temporary Injunction for Protection Against Domestic Violence forms in the “Notice of Hearing” section do not address transcription of the final hearing. This issue was recently discussed in Chief Judge Warner’s special concurrence in Lawrence v. Walker, 751 So.2d 68 (Fla. 4th DCA 1999), wherein the Fourth District Court of Appeal per curiam affirmed in an appeal from a final judgment for protection against domestic violence. In her special concurrence, Chief Judge Warner agreed that affirmance was compelled, “as we cannot evaluate the merits of the contentions raised by the appellant without a transcript of the hearing in which the evidence was presented.” Id. at 68 (Warner, C.J., specially concurring). Chief Judge Warner continued that
[t]he appellant complains that he did not know that the hearing would not be recorded or reported. He assumed that this was a criminal proceeding and that all such proceedings are recorded. A petition for an injunction against domestic violence, however, is a civil proceeding, and as yet there is no requirement that such matters be transcribed at public expense. Therefore, the party must arrange in advance for the reporting and transcription of the proceedings.
It is indeed unfortunate that parties frequently are unaware of this requirement until after the fact. With so much litigation being conducted pro se, it seems to me that in the notice for the final hearing on the injunction the parties should be alerted that if they want the hearing reported it is up to them to arrange for the services of a court reporter to transcribe the proceedings. Without a record, a party’s ability to exercise their appellate rights is, in most cases, lost before the final judgment is ever entered.
Id. (citations omitted; emphasis added) (Warner, C.J., specially concurring). We entirely agree, and accordingly borrow from similar language in existing forms to add the following language to the “Notice of Hearing” section of both the temporary domestic and repeat violence injunction forms:
NOTICE: Because this is a civil case, there is no requirement that these pro *6 ceedings be transcribed at public expense.
YOU ARE ADVISED THAT IN THIS COURT:
_a. a court reporter is provided by the court.
_b. electronic audio tape recording only is provided by the court. A party may arrange in advance for the services of and provide for a court reporter to prepare a written transcript of the proceedings at that party’s expense.
_c. no electronic audio tape recording or court reporting services are provided by the court. A party may arrange in advance for the services of and provide for a court reporter to prepare a written transcript of the proceedings at that party’s expense.
A RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO SUPPORT AN APPEAL. THE PARTY SEEKING THE APPEAL IS RESPONSIBLE FOR HAVING THE TRANSCRIPT PREPARED BY A COURT REPORTER. THE TRANSCRIPT MUST BE FILED WITH THE REVIEWING COURT OR THE APPEAL MAY BE DENIED.
B. Injunction and Terms
1. “Other Violation” Language: All of the proposed domestic and repeat violence injunction forms in the “Injunction and Terms” section set forth a ‘Violence Prohibited” provision, at the end of which attorneys Pearce and Springer suggest adding the following statutory language: “Respondent shall not commit any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner.” See §§ 741.31(4)(a)(4), 784.047(4), Fla. Stat. (1999) (domestic and repeat violence, respectively). We adopt this suggested “other violation” language based on the statutes cited.
2. No Contact Provision: All of the proposed domestic and repeat violence injunction forms in the “Injunction and Terms” section also provide in pertinent part:
No Contact.
a. Unless otherwise provided herein, Respondent shall have no contact with Petitioner. Respondent shall not directly or indirectly contact Petitioner in person, by mail, e-mail, fax, telephone, through another person, or in any other manner. Further, Respondent shall not contact or have any third party contact anyone connected with Petitioner’s employment or school to inquire about Petitioner or to send any messages to Petitioner. Unless otherwise provided herein, Respondent shall not go to, in, or within 500 feet of: Petitioner’s current residence ... or any residence to which Petitioner may move; Petitioner’s current or any subsequent place of employment ... or place where Petitioner attends school; or the following other places (if requested by Petitioner) where Petitioner or Petitioner’s minor children) go often: _ Respondent may not knowingly come within 100 feet of Petitioner’s automobile at any time.
[Initial if applies; Write N/A if not applicable]
_ b. Petitioner and Respondent are employed by the same employer, work at the same physical location, or attend the same school. Accordingly, the following restrictions apply: _
_ c. Other provisions regarding contact:
*7 (Struek-through type/underscoring supplied to emphasize proposed changes.)
a. Subdivision (b) Unnecessary: As urged at oral argument by Judge Robert K. Rouse, Jr., Chief Judge of the Seventh Judicial Circuit Court, judges seldom encounter the somewhat unique fact pattern reflected in subdivision (b) of the proposed “no contact” provision regarding the petitioner and respondent working together or attending the same school. Accordingly, he suggests striking subdivision (b), urging that judges can simply address this rare fact pattern whenever necessary in the subdivision for “other provisions regarding contact.” We agree and accordingly strike subdivision (b) of the proposed “no contact” provision.
b. “Other Provisions Regarding Contact”: Similarly, the subdivision for “other provisions regarding contact” in the proposed “no contact” provision can accommodate other case-specific fact patterns as the need arises. For example, we received similar comments from both the rules committee and Judge Patrick G. Kennedy of the Seventh Judicial Circuit Court urging explicit options for telephonic contact between the respondent and any minor children involved. Additionally, in questioning the proposed amendment barring any third-party contact between the respondent and the petitioner, the rules committee urges that “[wjhile ... such contact may be used by the respondent to harass or intimidate the petitioner, there may be legitimate reasons for third-party contact, such as arranging for visitation.” The steering committee counters that “the prohibition of indirect, third-party contact is appropriate in the bulk of domestic violence cases” and that the subdivision for “other provisions regarding contact” “permits modification of such a prohibition where necessary to arrange child visitation or where necessary for other proper purposes.”
We agree with the steering committee. Any specific instructions regarding telephonic or third-party contact — or any other exception to the standard “no contact” provision — may easily be inserted in the subdivision for “other provisions regarding contact” as necessary on a case-by-case basis. 4 Such an approach fosters the foundational goals of both simplicity and uniformity in the standard “no contact” provision at issue.
c.Clarifying Language: However, we are concerned that, as suggested by Judge Rouse at oral argument, a pro se respondent reading the standard “no contact” provision may see the initial, bolded “No Contact” heading, incorrectly perceive that heading as an unqualified directive, and read no further to realize that these or other exceptions may exist several lines down in the subdivision for “other provisions regarding contact.” This may be especially problematic in both the temporary and final domestic violence injunction with minor children forms, wherein child custody and visitation exceptions occur several full pages (not just several lines) from the initial, bolded “No Contact” heading.
*8 To remedy this potentially confusing situation, we insert in all the domestic and repeat violence injunction forms the following bolded language immediately after the initial, bolded “No Contact” heading: “Respondent shall have no contact with Petitioner unless otherwise provided in this section.” Additionally, in the temporary domestic violence injunction with minor children form, we continue this new bolded sentence to read “or unless paragraph 14 below provides for contact connected with the temporary custody of and visitation with minor child(ren),” and in the final domestic violence injunction with minor children form, continue it to read “or unless paragraphs 13 through 19 below provide for contact connected with the temporary custody of and visitation with minor child(ren).”
d. 500-Foot Prohibition: As to the 500-foot prohibition in the “no contact” provision at issue, Judge S. James Foxman of the Seventh Judicial Circuit Court suggests “instead of saying 500 feet, why not leave the number blank,” urging that “[w]e have too many situations where the 500 feet prohibition does not work.” However, leaving the space blank would contribute to a lack of uniformity which, as discussed above, is one of the foundational goals of the forms at issue. As also discussed above, any exception to the standard “no contact” provision (including a variance of the 500-foot prohibition) may easily be inserted in the subdivision for “other provisions regarding contact” as necessary on a case-by-case basis. Accordingly, in keeping with this Court’s prior explicit adoption of the 500-foot prohibition, we decline to strike it now. See Amendments to the Fla. Family Law Rules, 713 So.2d at 4 (“[W]here the forms prohibited a respondent from going ‘near’ a petitioner’s residence or place of employment, we have modified the forms to prohibit a respondent from going within 500 feet of petitioner’s residence or place of employment unless otherwise provided by the trial judge issuing the injunction.”).
Also as to the 500-foot prohibition, Judge Kennedy comments that
[t]he 500’ prohibition causes great confusion where the parties accidentally encounter each other in a public area such as a mall, a concert, or a school. Does the respondent then have the responsibility to leave immediately even though he or she was already there when the petitioner arrived? Perhaps the injunction should explain that should the parties accidentally meet in a public place, neither has the obligation to leave but the respondent shall not approach the petitioner nor attempt to communicate with petitioner in any way.
We decline to alter the forms based on this comment, but take this opportunity to stress that the 500-foot prohibition applies only to the specific locations listed (i.e., the petitioner’s residence, place of employment, school, or other specifically listed places that the petitioner or minor children go often).
3. Firearm Provision: The Final Judgment of Injunction for Protection Against Domestic Violence forms in the “Injunction and Terms” section also include a firearms provision that contains, among other things, a warning that provides in pertinent part:
NOTE: RESPONDENT IS ADVISED THAT IT IS A FEDERAL CRIMINAL FELONY OFFENSE TO SHIP OR TRANSPORT IN INTERSTATE OR FOREIGN COMMERCE, OR POSSESS IN OR AFFECTING COMMERCE, ANY FIREARM OR AMMUNITION; OR TO RECEIVE ANY FIREARM OR AMMUNITION WHICH HAS BEEN SHIPPED OR TRANSPORTED IN INTERSTATE *9 OR FOREIGN COMMERCE WHILE SUBJECT TO SUCH AN INJUNCTION.
Attorneys Pearce and Springer suggest adding the following language at the very end of the warning: “EVEN IF THIS ORDER STATES OTHERWISE.” They explain that “[apparently, some courts across the state are not prohibiting respondents from using or possessing a firearm, even though such a prohibition is mandated by law absent the possible exception of an active duty law enforcement officer.” However, we are concerned that adding the suggested language might be confusing, especially to pro se litigants, whose understanding of these forms is especially important. We therefore decline to adopt the suggested language, and instead approve the subject firearm warning as set forth by the steering committee.
C. Temporary Exclusive Use and Possession of Home
1. Alternatives in the “Possession of Home” Option: All of the proposed domestic violence injunction forms in the “Temporary Exclusive Use and Possession of Home” section set forth an option that provides in pertinent part: “Possession of the Home. ( ) Petitioner ( ) Respondent shall have temporary exclusive use and possession of the dwelling place located at: [space for address].” Attorneys Pearce and Springer suggest that this Court
[d]elete [the] brackets giving a place for the court to grant the respondent exclusive use. The respondent has not even pled for exclusive use. Just because exclusive use is denied or not requested by the petitioner (usually because s/he feels she must at least temporarily flee the home for her safety or because s/he believes she will be subjected to less wrath of the respondent if the respondent is given some time to secure another residence), does not mean the respondent should be awarded exclusive use. We are concerned that this may impact the petitioner negatively in later proceedings, including in a dissolution of marriage. Many petitioners who choose to stay at a shelter ór a relative’s home temporarily may feel it is safe and/or necessary to ask for exclusive use by the time of the return hearing.
We appreciate these insights, but are concerned with Pearce and Springer’s blanket premise that “[t]he respondent has not even pled for exclusive use.” While this is surely often the case, it is our understanding that respondents sometimes do affirmatively plead for exclusive use at the hearing for the Final Judgment of Injunction for Protection Against Domestic Violence. Even as to the Temporary Injunction for Protection Against Domestic Violence (where there typically is no hearing), we are not prepared to say that, as a matter of law, a respondent may never be awarded exclusive use.
Such an actual case or controversy is not presently before this Court, and it is not our role in approving forms to definitively rule on such undeveloped and unresolved points of law. See, e.g., Florida Bar Revisions to Simplified Forms, 774 So.2d 611, 612 (Fla.2000) (in approving simplified lease forms, stating that “[w]e express no opinion as to whether these approved lease forms comport with current law”); cf, e.g., Standard Jury Instructions —Civil Cases (No. 98-1), 746 So.2d 440, 441 (Fla.1999) (standard language in authorizing publication of jury instructions that “[i]n doing so we express no opinion on the correctness of these instructions and remind all interested parties that this approval forecloses neither requesting additional or alternative instructions nor contesting their legal correctness”). The bottom line is that judges generally seem to prefer having the petitioner/respondent alternatives in this con *10 text and, by including them in the present proposed forms, the steering committee implicitly advocates keeping them. We accordingly do so for the time being, but do not foreclose the possibility of further exploring this issue in future form-amendment cases or if and when it arises in an actual case or controversy in this Court.
2. Alternatives in the “Damaging/Removing” Option: Similarly, the proposed Temporary Injunction for Protection Against Domestic Violence forms in the “Temporary Exclusive Use and Possession of Home” section additionally set forth an option that provides in pertinent part: “()Petitioner ()Respondent shall not damage or remove any furnishings or fixtures from the parties’ former shared premises.” The steering committee explains that “[tjhis paragraph is only included in the temporary injunction form[s] and not in the final injunction form[s] so that the party who is put in possession of the home through a final injunction can control the furnishings and fixtures.”
Attorney Joel M. Cohen urges doing away with the petitioner/respondent alternatives in this context, and instead making the provision mandatory for both parties, commenting that “[a]s the intent of the law creating this cause of action [for a temporary injunction against domestic violence] is for safety and protection of the petitioner, there can be no legitimate reason why the petitioner should be able to use the Ex Parte Temporary Injunction to shield [himself or] herself while [he or] she effectuates ‘equitable distribution’ on a self help basis.” The rules committee advocates striking only the petitioner alternative, explicitly “questioning] the propriety of the court’s exercise of jurisdiction to enjoin the petitioner from removing items from the home as such relief would be outside the petition and access to the judiciary should not require that a petitioner give up property rights.” Judge Seymour Benson of the Eighteenth Judicial Circuit Court raises the same concern, stating that “[t]here is no injunction filed against the petitioner and therefore there should be no order enjoining the petitioner from taking certain actions including moving furniture or furnishings from the parties’ home,” and that “without a pleading addressed to the petitioner, I do not believe [the petitioner alternative] should be included.”
These comments thus run the full gamut from advocating a mutual mandatory injunction to urging an injunction only against the respondent in this context. We again appreciate all of these concerns and suggestions, but repeat that it is not our role in approving forms to definitively rule on such undeveloped and unresolved points of law. We accordingly approve this provision as proposed by the steering committee without expressing agreement or disagreement on the substantive questions underlying this issue.
D. Directions to Law Enforcement Officer
Extension of Temporary Injunction: The proposed Final Judgment of Injunction for Protection Against Domestic and Repeat Violence forms in the “Directions to Law Enforcement Officer” section provide in pertinent part that “[t]he temporary injunction, if any, entered in this case is dissolved extended until such time as service of this injunction is effected upon Respondent.” (Struck-through type/underscoring supplied to emphasize proposed changes.) The steering committee explains that
[t]he existing form final injunctions dissolve the temporary injunctions which preceded them. This dissolution is effective upon the signing of the final injunction. This can result in a gap in protection where the respondent is not immediately served with a copy of the *11 final injunction. This gap is eliminated by a proposed language change in both [the final] domestic violence and repeat violence injunction forms to the effect that the temporary injunction remains in effect until the respondent is served with the final injunction.
Attorneys Pearce and Springer comment that “[t]his is a terrific proposed modification,” insofar as “[w]ithout this provision, there is a minimum block in every case of 12 to 24 hours where there is no valid injunction because service has not yet been effected.” They add that “such a provision solves the problem when service of the final injunction cannot be effected because respondent has failed to notify the court of his or her new address. This has been particularly problematic when the respondent has vacated a shared dwelling to an unknown location.” We agree, and accordingly approve this amendment as proposed by the steering committee.
E. Rule 12.610(c)(2)(A)
As also relevant to the domestic and repeat violence injunction forms, the rules committee proposes amending rule 12.610(c)(2)(A) to provide in full:
Standardized Forms. The temporary and permanent injunction forms in these rules for repeat and domestic violence injunctions shall be the forms used in the issuance of injunctions under chapters 741 and 784, Florida Statutes. Additional provisions, not inconsistent with the standardized portions of those forms, may be added to the special provisions section of the temporary and permanent injunction forms, or at the end of each section to which they apply, on the written approval of the chief judge of the circuit. Copies of such additional provisions shall be sent to the Chief Justice, the chair of the Family Law Rules Committee of The Florida Bar, the chair of the Family Courts Steering Committee, and the chair of The Governor’s Task Force on Domestic and Sexual Violence.
(Underscoring supplied to emphasize proposed change.) The steering committee “concurs with [the rules committee’s] recommended changes” to this rule, elaborating that, under this rule,
[t]he chief judge of each circuit [would] be permitted to add [standard] local provisions at the end of each section of the forms as well as in the “other special provisions” section of the forms. This would allow a local provision to be included in the portion of the injunction to which the local provision is relevant. If the local provision is not in the relevant section of the injunction, an unsophisticated reader may not put the two related provisions together and understand what is required.
If the recommend[ation] is adopted, information about the local batterers’ intervention program may be printed on the form final injunctions, making it clear to the respondent where he or she must report and simultaneously eliminating the need for the judge to hand write this information on each of numerous injunctions.
Similarly, the firearms section might contain local directives on how and to whom to surrender a firearm. Permitting such limited local provisions in the forms will not change the general format of the forms. Florida will still have uniform injunctions that are understandable to law enforcement.
(Emphasis added.) We agree and accordingly approve the rules committee’s proposed amendment to rule 12.610(c)(2)(A). Significantly, however, to ensure that any such additional standard provisions (whether in the “special provisions” section of the subject forms or at the end of each *12 section to which they apply) are truly local in nature, we sua sponte adopt the requirement that any such added standard provisions must be approved by the Chief Justice before being incorporated into the forms of any particular circuit. Thus, the operative language at issue shall read as follows:
Additional standard provisions, not inconsistent with the standardized portions of those forms, may be added to the special provisions section of the temporary and permanent injunction forms, or at the end of each section to which they apply, on the written approval of the chief judge of the circuit, and upon final review and written approval by the Chief Justice. Copies of such additional standard provisions, once approved by the Chief Justice, shall be sent to-the Chief Justice the chair of the Family Law Rules Committee of The Florida Bar, the chair of the Family Courts Steering Committee, and the chair of The Governor’s Task Force on Domestic and Sexual Violence.
(Struck-through type/underscoring supplied to emphasize changes.) Accordingly, after a chief judge approves any additional standard provisions for inclusion in the temporary and permanent injunction forms in his or her circuit, that chief judge must submit the provisions via letter to the Chief Justice for final review and written approval before ultimately incorporating them into the standardized forms in the circuit at issue. We emphasize that, as elaborated above in discussing the domestic and repeat violence injunction forms, this rule shall in no way preclude an individual judge in a particular case from entering case-specific information or directions as “other provisions” at the end of each section to which they apply in the domestic and repeat violence injunction forms.
III. CONTINUING RESPONSIBILITY FOR THE FAMILY LAW FORMS
We now address who shall have the continuing responsibility of reviewing, revising, and otherwise maintaining the family law forms. In In re Amendments to the Fla. Family Law Rules of Procedure, 724 So.2d 1159, 1160 (Fla.1998), this Court addressed “whether the Florida Family Law Forms should be removed from the rule-making process, and if so, who should have the continuing responsibility for the forms,” holding:
Both committees agree that the majority of the forms should be removed from the rulemaking process and that the steering committee should have responsibility for the forms that are removed from the rules. The committees state that sixteen forms need to stay with the rules and be under the direction of the rules committee. Those forms would be referred to as “rules forms.”[ 5 ] They fur *13 ther recommend that the remaining Florida Family Law Forms be removed from the rules and be published separately as “Supreme Court Approved Forms.” It is these latter forms that would be the responsibility of the steering committee. In this way, the vast majority of the forms can be continually evaluated and updated by the steering committee, and these “Supreme Court Approved Forms” can be approved by this Court by opinion whenever necessary. We agree with this proposal.
This Court accordingly directed the rules committee to “to review all of the family law rules and to [submit] to this Court ... all of the family law rules that must be amended and all forms that must be renumbered to accomplish the purpose of removing the Supreme Court Approved Forms from the rules,” and directed the steering committee “to compile the forms to be removed from the rules forms and republished as Supreme Court Approved Forms and to submit those forms to this Court, together with any other proposed changes to those forms.” Id. at 1161 .
The committees have complied with these directives and, except as already discussed above in the context of the domestic and repeat violence injunction forms, the vast majority of their proposed amendments are technical in nature and designed to accomplish the “split” in the family law forms mandated in In re Amendments. With minimal additions 6 and modifications 7 where necessary, we approve these many amendments without discussion and commend the committees for their collaborative efforts in this regard.
Significantly, however, now that this “split” has been achieved, the steering committee “seeks appointment by this Court of a committee which would be responsible for future review of the Florida Supreme Court Approved Family Law Forms” for which the steering committee itself is now responsible. The steering committee elaborates that
[previously, the Steering Committee requested that the Court assign the Steering Committee the responsibility for ongoing review and revision of the Florida Family Law Forms. This was consis *14 tent with the position of the Family Law Rules Committee of The Florida Bar. The Steering Committee has since determined that it has insufficient time and resources to devote to the ongoing review of the forms if it is also to focus on the broader policy issues assigned to it by this Court. The Steering Committee therefore respectfully requests and recommends that this Court establish a separate committee to work with the Court to maintain the forms.... The [separate] committee’s sole focus and assignment would be to review and recommend changes to existing family law forms.
The rules committee supports this proposal, recommending that “staffing for this new committee be provided by the Office of State Courts Administrator,” and “reiterating] its position that the forms specifically connected to the rules [i.e., the sixteen “rules forms” listed in footnote five above] ... should be retained in the Family Law Rules of Procedure and updated by the Rules Committee.” In a clarification comment, the steering committee concluded that
assigning the proposed committee responsibility for ongoing review of both Family Law Forms and [the sixteen] Rules Forms would promote consistency and simplify the review process but would deprive the Court of the experience and expertise of the established Rules Committee. In deference to the expressed desire of the Rules Committee to continue fulfilling its current responsibilities, the [steering committee] recommends that the proposed committee be assigned the responsibility for ongoing review of only the Family Law Forms and not the [sixteen] Rules Forms.
Attorney Henry P. Trawick, Jr., disagrees, commenting that “the responsibility for the forms should be placed in one entity.” We acknowledge the practicality of such a unified approach but, like the steering committee, defer for the time being to the expressed desire of the rules committee to be responsible for the sixteen “rules forms” through the rulemaking process. However, we hasten to emphasize that, if this division of the forms becomes unworkable, we will not hesitate to assign total responsibility for the forms to a single entity.
We further grant relief to the steering committee, but not exactly in the manner requested. Effective immediately, this Court shall henceforth internally review, revise, and otherwise maintain the “Supreme Court Approved Forms” at issue. We shall sua sponte make technical and readability changes to these forms as necessary and, for more substantial amendments, shall create and seek input from an informal “Advisory Workgroup on The Florida Supreme Court Approved Family Law Forms.” All amendments to the forms at issue ultimately shall be approved via written opinion, with previous publication for comment only when deemed necessary or desirable by the Court.
This plan comports with our overall vision that “the vast majority of the forms can be continually evaluated and updated ..., and these ‘Supreme Court Approved Forms’ can be approved by this Court by opinion whenever necessary.” In re Amendments, 724 So.2d at 1160 . Just as importantly, this plan frees the steering committee to do what this Court originally created it to do; that is, “to provide support and assistance to the Supreme Court, as well as the individual circuits, on the development and full implementation of the family court concept in Florida.” In re Report of the Comm’n on Family Courts, 633 So.2d 14, 18 (Fla.1994). Its significant duties and responsibilities include: “(a) *15 making recommendations regarding family law litigation, model family courts (including self-help centers), and administrative policy and rules to advance recommended goals; (b) improving communication between the courts and other agencies; (c) addressing pro se litigant issues; and (d) funding recommendations.” In re Amendments, 724 So.2d at 1160 . The steering committee is no longer directly responsible for any of the family law forms. Contrary indications in the rules in this regard have been stricken to reflect this development.
IV. CONCLUSION
Some might say that, although our goals in the family law context have been simplicity and uniformity, the end result appears to be a proliferation of forms. We acknowledge that there remains significant room for improvement, but we are proud of the fact that Florida remains a leader in this relatively uncharted area. We could not have come so far without the extraordinary efforts of the rules committee and steering committee members, whom we sincerely thank again for their perpetual hard work, insights, and dedication to improving the process for all involved. But work remains to be done and, as we have recognized in the past in this context, such “work regarding simplification will be a continuing process.” Amendments to the Fla. Family Law Rules, 713 So.2d at 9 .
In this spirit of both appreciation for the past and commitment to the future, we hereby approve the family law rules and forms as follows in three appendices to this opinion:
Appendix A: Amendments to the Family Law Rules of Procedure. New language is indicated by underscoring; deletions are indicated by struck-through type. The comments are included for explanation and guidance only and are not adopted as an official part of the rules. The amendments shall take effect immediately.
Appendix B: Amendments to the Domestic and Repeat Violence Injunction Forms. We set these forms out separately and fully engrossed due to their importance and the attention accorded them in the present opinion. These forms may be used immediately, but are not required for use until sixty days from the issuance of this opinion because, as phrased by Administrative Judge Amy Karan of the Eleventh Judicial Circuit Court (Domestic Violence Division), “considering the extent of the modifications proposed, ... a minimum two month grace period [is necessary] for implementation to provide ample time to accomplish the necessary reprogramming, deployment, and training” in relation to these forms. As already discussed above, we express no opinion as to whether these approved forms comport with current law.
Appendix C: Amendments to All of the Family Law Forms: We consecutively set forth all the family law forms (i.e., both the “rules forms” and the “Florida Supreme Court Approved Forms,” including the domestic and repeat violence injunction forms set forth in Appendix B), fully engrossed, for immediate use. 8 We again express no opinion as to whether these approved forms comport with current law.
*16 This opinion, and all of the forms and rules discussed herein, may be accessed and downloaded from this Court’s website at www.flcourts.org (click on “Opinions and Rules” option, then, under the heading “Court Rules,” click on either “Family Law Rules and Opinions” or “Family Law Forms”).
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, LEWIS and QUINCE, JJ., concur.
APPENDIX A
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-i-and ■ appendices. — The commentary and-appendices to the forms are included to assist' litigants-unrepre-senfed 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.
The forms originally were adopted by the Court pursuant to Family Law Rules of Procedure, 663 So.2d 1047 (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).
RULE 12.015. FAMILY LAW FORMS
(a) Forms Adopted as Rules. The forms listed in this rule shall be adopted by the rulemaking process in Fla. R. Jud. Admin. 2,130. The Family Law Rules Committee of The Florida Bar shall propose amendments to these forms and any associated instructions. These forms shall be designated “Florida Family Law Rules of Procedure Forms.” Forms coming under this provision are:
(1) 12.900(a), Disclosure From Non-lawyer;
(2) 12.901(a), Petition for Simplified Dissolution of Marriage;
(3) 12.902(b), Family Law Financial Affidavit (Short Form);
(4) 12.902(c), Family Law Financial Affidavit;
(5) 12.902(e), Child Support Guidelines Worksheet;
(6) 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage;
(7) 12.910(a), Summons: Personal Service on an Individual;
(8) 12.913(b), Affidavit of Diligent Search and Inquiry;
(9) 12.920(a), Motion for Referral to General Master;
*17 (10) 12.920(b), Order of Referral to General Master;
(11) 12.920(c), Notice of Hearing Before General Master;
(12) 12.930(a), Notice of Service of Standard Family Law Interrogatories;
(13) 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings;
(14) 12.930(c), Standard Family Law Interrogatories for Modification Proceedings;
(15) 12,932, Certificate of Compliance with Mandatory Disclosure; and
(16) 12.990(a), Final Judgment of Simplified Dissolution of Marriage.
(b) Other Family Law Forms. All additional Supreme Court approved forms shall be adopted by opinion of the Supreme Court of Florida and outside of the rulemaking procedures required by rule 2,130. These forms shall be designated “Florida Supreme Court Approved Family-Law Forms.”
Commentary
2000 Adoption. To help the many people in family law court cases who do not have attorneys to represent them (pro se litigants), the Florida Supreme Court added simplified forms and directions to the Florida Family Law Rules of Procedure when adopting the rules in 1995. These forms initially had been adopted by the Court in Family Law Rules of Procedure, 663 So.2d 1049 (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), and Rules Regulating The Florida Bar — Approval of Forms, 581 So.2d 902 (Fla.1991).
In 1997, in an effort to fulfill the spirit of the Court’s directives to simplify the process of litigation in family law matters, the Family Court Steering Committee completely revised the existing forms and added new forms and instructions. The rules and forms then constituted more than 500 pages.
This rule was adopted in recognition that the forms would require continuous updating and that the rulemaking process was too cumbersome for such an undertaking-
RULE 12.070. PROCESS
(a) Service of Initial Process. Upon the commencement of all family law actions, including proceedings to modify a final judgment, service of process shall be as set forth in Florida Rule of Civil Procedure 1.070.
(b) Summons. The summons, cross-claim summons, and third-party summons in family law matters shall be patterned after Florida Family Law Rules of Procedure 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.
(c) Constructive Service. For constructive service of process, an affidavit of diligent search and inquiry, in substantial conformity with Florida Family Law Rules of Procedure Form 12.913(b), must be filed.
(d) Domestic and Repeat Violence Proceedings. This rule does not govern service of process in domestic and repeat violence proceedings,
RULE 12.105. SIMPLIFIED DISSOLUTION PROCEDURE
(a) Requirements for Use. The parties to the dissolution may file a petition for *18 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 Rules of Procedure 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 Rules of Procedure 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 (Florida Family Law Rules_of_Procedure Form l£9Q-l(d)12.902(b) or 12.901(e)12.902(c)), and a marital settlement agreement (Florida Family Law Rules of Procedure Form 1&90-I(h)12.902(f)(3)).
(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 Florida Family Law Rules of Procedure 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 (Florida Family Law Rules of Procedure Form -12.901(d)12,902(b) or 12.901(e)12.902(c)), (depending on their income and expenses) and a marital settlement agreement (Florida Family Law Rules of Procedure Form 12r901-(h)12.902(f)(3)).
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, injunctions for domestic or repeat violence, and uncontested dissolutions when the respondent is served by publication and does not file an answer. 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 and child support guidelines worksheets, 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 *19 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.
(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) 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 shall be served on the other party:
(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.9Ql(d-)12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 1279Q-l(e)12.902(c) if the party’s gross annual income is equal to or more than $50,000. This requirement cannot be waived by the parties. The affidavit also must be filed with the court.
(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 year. A party may file a transcript of the tax return as provided by Internal Revenue Service Form 4506 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-l 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.
(d) Parties’ Disclosure Requirements for Initial or Supplemental Proceedings. A party shall 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 *20 of Procedure Form -l&901(d)12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.901(e)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 also must 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 ■12t9Q-1-(q)12.902(c).
(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 3 years.
(3) IRS forms W-2,1099, and K-l 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 12 months 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.
(7) All deeds within the last 3 years, all promissory notes within the last 12 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 person, or in someone else’s name on the party’s behalf.
(8) All periodic statements from the last 3 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 person, or in someone else’s name on the party’s behalf.
(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 for any other person, or in someone else’s name on the party’s behalf.
(10) The most recent statement 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 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).)
(11) The declarations page, the last periodic statement, 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 *21 cards covering either of the parties and/or their dependent children.
(12) 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%.
(13) All promissory notes for the last 12 months, 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 3 months, 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 person, or in someone else’s name on the party’s behalf.
(14) All written premarital or marital agreements entered into at any time between the parties to this marriage, whether before or during the marriage. 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.
(15) 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.
(16) Any court orders directing a party to pay or receive spousal or child support.
(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 filed, the amending party also shall serve any subsequently discovered or acquired documents supporting the amendments to the financial affidavit.
(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) 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 also may file, at least 5 days before the due date, a motion to enlarge the time for complying with mandatory disclosure. The court shall grant the request for good cause shown.
(h) 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. The filing of a timely objection, with a notice of hearing on the objection, automatically stays mandatory disclosure for those matters within the scope of the objection. 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. The court shall impose sanctions for the filing of meritless or frivolous objections.
*22 (1) Certificate of Compliance. All parties subject to automatic mandatory disclosure shall file with the court a certificate of compliance, Florida Family Law Rules of Procedure Form 12.982, identifying with particularity the documents which have been delivered and certifying the date of service of the financial affidavit and documents by that party.
(j) Child Support Guidelines Worksheet. If the case involves child support, the parties shall file with the court at or prior to a hearing to establish or modify child support a Child Support Guidelines Worksheet in substantial conformity with Florida Family Law Rules of Procedure Form 12.90-l-(ff)12.902(e). This requirement cannot be waived by the parties.
(k) 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.
(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.
(l) Failure of Defaulted Party to Comply. Nothing in this rule shall be deemed to preclude the entry of a final judgment when a party in default has failed to comply with this rule.
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, other than as set forth in subdivision (k), 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.
Committee Notes
1997 Amendment. Except for the form of financial affidavit used, mandatory disclosure is made the same for all parties subject to the rule, regardless of income. The amount of information required to be disclosed is increased for parties in the under-$50,000 category and decreased for parties in the $50,000-or-over category. The standard family law interrogatories are no longer mandatory, and their answers are designed to be supplemental and *23 not duplicative of information contained in the financial affidavits.
1998 Amendment. If one party has not provided necessary financial information for the other party to complete a child support guidelines worksheet, a good faith estimate should be made.
RULE 12.287. FINANCIAL AFFIDAVITS IN ENFORCEMENT AND CONTEMPT PROCEEDINGS
Any party in an enforcement or contempt proceeding may serve upon any other party a written request to file and serve a financial affidavit if the other party’s financial circumstances are relevant in the proceeding. The party to whom the request is made shall file and serve the requested financial affidavit within 10 days after the service of the written request. The court may allow a shorter or longer time. The financial affidavit shall be in substantial conformity with Florida Family Law Rules of Procedure Form 12.9Q4(d)12.902(b) (Short Form), all sections of which shall be completed.
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) Service of Interrogatories.
(1) Initial Interrogatories. Initial interrogatories to parties in original and enforcement actions shall be those set forth in Florida Family Law Rules of Procedure Form 12.930(b). Parties governed by the mandatory disclosure requirements of rule 12.285 may serve the interrogatories set forth in Florida Family Law Rules of Procedure Form 12.930(b) as set forth in rule 1.340.
(2) Modification Interrogatories. Interrogatories to parties in cases involving modification of a final judgment shall be those set forth in Florida Family Law Rules of Procedure Form 12.930(c). Parties governed by the mandatory disclosure requirements of rule 12.285 may serve the interrogatories set forth in Florida Family Law Rules of Procedure Form 12.930(c) 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 Florida Family Law Rules of Procedure Form 12.930(b) or Florida Family Law Rules of Procedure Form 12.930(c). 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 Florida Family Law Rules of Procedure 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.
Committee Note
1997 Amendment. The rule was amended to conform to the changes made to rule 12.285, Mandatory Disclosure. RULE 12.490. GENERAL MASTERS
(a) General Masters. Judges of the circuit court may appoint as many general *24 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.
(2) The order of referral shall be in substantial conformity with Florida Family Law Rules of Procedure Form 12.920fa)(b), 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.
*25 (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 Florida Family Law Rules of Procedure Form 12.920(b)(c) 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 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 *26 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 party 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.
(8) 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 12.610. 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
*27 (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 is in imminent danger of becoming the victim of an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, 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 petitions, supplemental petitions, and orders granting injunctions shall be governed by rule 12.080, except that service of a motion to modify or vacate an injunction should be by notice that is reasonably calculated to apprise the nonmoving party of the pen-dency of the proceedings.
(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.
*28 (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.
(A) Standardized Forms. The temporary and permanent injunction da Supreme Court for repeat and domestic violence injunctions shall be the forms used in the issuance of injunctions under chapters 741 and 784, Florida Statutes. Additional standard provisions, not inconsistent with the standardized portions of those forms, may be added to the special provisions section of the temporary and permanent injunction forms, or at the end of each section to which they apply, on the written approval of the chief judge of the circuit, and upon final review and written approval by the Chief Justice. Copies of such additional standard provisions, once approved by the Chief Justice, shall be sent to the Chief-Justice, chair of the Family Law Rules Committee of The Florida Bar, the chair' of the Family Courts Steering Committee, and the chair of The Governor’s Task Force on Domestic and Sexual Violence.
(B) Bond. 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 *29 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 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 or until further order of court. 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 periods or until further order of court. 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 move the court to modify or vacate an injunction at any time. Service of a motion to modify or vacate injunctions shall be governed by subdivision 12.610(b)(2) of this rule. However, for service of a motion to modify to be sufficient if a party is not represented by an attorney, service must be in accord with rule 12.070, or in the alternative, there must be filed in the record proof of receipt of this motion by the nonmoving party personally.
(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 sup *30 port 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 FormFlorida Supreme Court Approved 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).
The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Family Law FormFlorida Supreme Court Approved 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)l 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 FormFlorida Supreme Court Approved 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 FormFlorida Supreme Court Ap-proved_Family_Law_Form 12.901(f)12.902(d), If alimony or child support is sought a Financial Affidavit must be provided and completed in conformity with Florida Family Law Rules of Procedure Form 12J)Q-l-(-d-)12.902(b) or l£9Q-l-(-e-)12.902(c).
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)l and 784.046(8)(a)l, Florida Statutes.
Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic *31 violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections 741.30(7)(a)3 and (7)(c)l and 784.046(8)(c)l, 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(l)(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 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)l 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 cases of domestic and cases of repeat violence identical to resolve inconsistencies in the statutes.
Committee Note
1997 Amendment. This change mandates use of the injunction forms provided with these rules to give law enforcement a standardized form to assist in enforcement of injunctions. In order to address local concerns, circuits may add special provisions not inconsistent with the mandatory portions.
RULE 12.750. FAMILY SELF-HELP PROGRAMS
(a) Establishment of Programs. A chief judge, by administrative order, may establish a self-help program to facilitate access to family courts. The purpose of a self-help program is to assist self-represented litigants, within the bounds of this rule, to achieve fair and efficient resolution of their family law case. The purpose of a self-help program is not to provide legal advice to self-represented litigants. This rule applies only to programs established and operating under the auspices of the court pursuant to this rule.
(b) Definitions.
(1) “Family law case” means any case in the circuit that is assigned to the family law division.
(2) “Self-represented litigant” means any individual who seeks information to file, pursue, or respond to a family law *32 case without the assistance of a lawyer authorized to practice before the court.
(3) “Self-help personnel” means lawyer and nonlawyer personnel in a self-help program.
(4) “Self-help program” means a program established and operating under the authority of this rule.
(5) “Approved form” means (A) Supreme Cour-t-approved formsFlorida Family Law Rules of Procedure Forms or Florida Supreme Court Approved Family Law Forms or (B) forms that have been approved in writing by the chief judge of a circuit and that are not inconsistent with the Supreme Court approved forms, copies of which are to be sent to the Chief Justice, the chair of the Family Law Rules Committee of The Florida Bar, the chair of the Family Law Section of The Florida Bar, and the chair of the Family Court Steering Committee. Forms approved by a chief judge may be used unless specifically rejected by the Supreme Court.
(c) Services Provided. Self-help personnel may:
(1) encourage self-represented litigants to obtain legal advice;
(2) provide information about available pro bono legal services, low cost legal services, legal aid programs, and lawyer referral services;
(3) provide information about available approved forms, without providing advice or recommendation as to any specific course of action;
(4) provide approved forms and approved instructions on how to complete the forms;
(5) engage in limited oral communications to assist a person in the completion of blanks on approved forms;
(6) record information provided by a self-represented litigant on approved forms;
(7) provide, either orally or in writing, definitions of legal terminology from widely accepted legal dictionaries or other dictionaries without advising whether or not a particular definition is applicable to the self-represented litigant’s situation;
(8) provide, either orally or in writing, citations of statutes and rules, without advising whether or not a particular statute or rule is applicable to the self-represented litigant’s situation;
(9) provide docketed case information;
(10) provide general information about court process, practice, and procedure;
(11) provide information about mediation, required parenting courses, and courses for children of divorcing parents;
(12) provide, either orally or in writing, information from local rules or administrative orders;
(13) provide general information about local court operations;
(14) provide information about community services; and
(15) facilitate the setting of hearings.
(d) Limitations on Services. Self-help personnel shall not:
(1) provide legal advice or recommend a specific course of action for a self-represented litigant;
(2) provide interpretation of legal terminology, statutes, rules, orders, cases, or the constitution;
(3) provide information that must be kept confidential by statute, rule, or case law;
(4) deny a litigant’s access to the court;
*33 (5) encourage or discourage litigation;
(6) record information on forms for a self-represented litigant, except as otherwise provided by this rule;
(7) engage in oral communications other than those reasonably necessary to elicit factual information to complete the blanks on forms except as otherwise authorized by this rule;
(8) perform legal research for litigants;
(9) represent litigants in court; and
(10) lead litigants to believe that they are representing them as lawyers in any capacity or induce the public to rely upon them for legal advice.
(e) Unauthorized Practice of Law. The services listed in subdivision (c), when performed by nonlawyer personnel in a self-help program, shall not be the unauthorized practice of law.
(f) No Confidentiality. Notwithstanding ethics rules that govern attorneys, certified legal interns, and other persons working under the supervision of an attorney, information given by a self-represented litigant to self-help personnel is not confidential or privileged.
(g) No Conflict. Notwithstanding ethics rules that govern attorneys, certified legal interns, and other persons working under the supervision of an attorney, there is no conflict of interest in providing services to both parties.
(h) Notice of Limitation of Services Provided. Before receiving the services of a self-help program, self-help personnel shall thoroughly explain the “Notice of Limitation of Services Provided” disclaimer below. Each self-represented litigant, after receiving an explanation of the disclaimer, shall sign an acknowledgment that the disclaimer has been explained to the self-represented litigant and that the self-represented litigant understands the limitation of the services provided. The self-help personnel shall sign the acknowledgment certifying compliance with • this requirement. The original shall be filed by the self-help personnel in the court file and a copy shall be provided to the self-represented litigant.
NOTICE OF LIMITATION OF SERVICES PROVIDED
THE PERSONNEL IN THIS SELF-HELP PROGRAM ARE NOT ACTING AS YOUR LAWYER OR PROVIDING LEGAL ADVICE TO YOU. SELF-HELP PERSONNEL ARE NOT ACTING ON BEHALF OF THE COURT OR ANY JUDGE. THE PRESIDING JUDGE IN YOUR CASE MAY REQUIRE AMENDMENT OF A FORM OR SUBSTITUTION OF A DIFFERENT FORM. THE JUDGE IS NOT REQUIRED TO GRANT THE RELIEF REQUESTED IN A FORM. THE PERSONNEL IN THIS SELF-HELP PROGRAM CANNOT TELL YOU WHAT YOUR LEGAL RIGHTS OR REMEDIES ARE, REPRESENT YOU IN COURT, OR TELL YOU HOW TO TESTIFY IN COURT. SELF-HELP SERVICES ARE AVAILABLE TO ALL PERSONS WHO ARE OR WILL BE PARTIES TO A FAMILY CASE.
THE INFORMATION THAT YOU GIVE TO AND RECEIVE FROM SELF-HELP PERSONNEL IS NOT CONFIDENTIAL AND MAY BE SUBJECT TO DISCLOSURE AT A LATER DATE. IF ANOTHER PERSON INVOLVED IN YOUR CASE SEEKS ASSISTANCE FROM THIS SELF-HELP PROGRAM, THAT PERSON WILL BE GIVEN THE SAME TYPE OF ASSISTANCE THAT YOU RECEIVE.
*34 IN ALL CASES, IT IS BEST TO CONSULT WITH YOUR OWN ATTORNEY, ESPECIALLY IF YOUR CASE PRESENTS SIGNIFICANT ISSUES REGARDING CHILDREN, CHILD SUPPORT, ALIMONY, RETIREMENT OR PENSION BENEFITS, ASSETS, OR LIABILITIES.
_ I CAN READ ENGLISH.
__ I CANNOT READ ENGLISH. THIS NOTICE WAS READ TO ME
BY {NAME}_IN
{LANGUAGE}_
SIGNATURE
AVISO DE LIMITACION DE SERVICIOS OFRECIDOS
EL PERSONAL DE ESTE PROGRA-MA DE AYUDA PROPIA NO ESTA ACTUANDO COMO SU ABOGADO NI LE ESTA DANDO CONSEJOS LEGALES.
ESTE PERSONAL NO REPRESEN-TA NI LA CORTE NI NINGUN JUEZ. EL JUEZ ASIGNADO A SU CASO PUEDE REQUERIR UN CAMBIO DE ESTA FORMA O UNA FORMA DIFERENTE. EL JUEZ NO ESTA OBLIGADO A CONCEDER LA RE-PARACION QUE USTED PIDE EN ESTA FORMA.
EL PERSONAL DE ESTE PROGRA-MA DE AYUDA PROPIA NO LE PUEDE DECIR CUALES SON SUS DERECHOS NI SOLUCIONES LE-GALES, NO PUEDE REPRESEN-TARLO EN CORTE, NI DECIRLE COMO TESTIFICAR EN CORTE. SERVICIOS DE AYUDA PROPIA ESTAN DISPONIBLES A TODAS LAS PERSONAS QUE SON O SER-AN PARTES DE UN CASO FAMILIAR.
LA INFORMACION QUE USTED DA Y RECIBE DE ESTE PERSONAL NO ES CONFIDENCIAL Y PUEDE SER DESCUBIERTA MAS ADE-LANTE. SI OTRA PERSONA EN-VUELTA EN SU CASO PIDE AYUDA DE ESTE PROGRAMA, ELLOS RE-CIBIRAN EL MISMO TIPO DE AS-ISTENCIA QUE USTED RECIBE.
EN TODOS LOS CASOS, ES MEJOR CONSULTAR CON SU PROPIO ABOGADO, ESPECIALMENTE SI SU CASO TRATA DE TEMAS RES-PECTO A NINOS, MANTENIMIEN-TO ECONOMICO DE NINOS, MANU-TENCION MATRIMONIAL, RETIRO O BENEFICIOS DE PENSION, AC-TIVOS U OBLIGACIONES.
_ YO PUEDO LEER ESPAÑOL.
_ YO NO PUEDO LEER ESPAÑOL. ESTE AVISO FUE LEIDO A MI POR {NOMBRE}_ EN {IDIO-MA} _
FIRMA
If information is provided by telephone, the notice of limitation of services provided shall be heard by all callers prior to speaking to self-help staff.
(i) Exemption. Self-help personnel are not required to complete Florida Family Law Rules of Procedure Form 12.900(a), Disclosure From Nonlawyer, as required by rule 10-2.1, Rules Regulating The Florida Bar. The provisions in rule 10-2.1, Rules Regulating The Florida Bar, which require a nonlawyer to include the nonlaw-yer’s name and identifying information on a form if the nonlawyer assisted in the completion of a form, are not applicable to self-help personnel unless the self-help personnel recorded the information on the form as authorized by this rule.
*35 (j) Availability of Services. Self-help programs are available to all self-represented litigants in family law cases.
(k) Cost of Services. Self-help programs, as authorized by statute, may require self-represented litigants to pay the cost of services provided for by this rule, provided that the charge for persons who are indigent is substantially reduced or waived.
(l) Records. All records made or received in connection with the official business of a self-help program are judicial records and access to such records shall be governed by rule 2.051, Florida Rules of Judicial Administration.
(m) Domestic Violence Exclusion. Nothing in this rule shall restrict services provided by the clerk of the court or family or domestic/repeat violence intake personnel pursuant to rule 12.610.
Commentary
1998 Adoption. It should be emphasized that the personnel in the self-help programs should not be providing legal advice to self-represented litigants. Self-help personnel should not engage in any activities that constitute the practice of law or inadvertently create an attorney-client relationship. Self-help programs should consistently encourage self-represented litigants to seek legal advice from a licensed attorney. The provisions of this rule only apply to programs established by the chief judge.
Subdivision (b). This rule applies only to assistance offered in family law cases. The types of family law cases included in a family law division may vary based on local rule and it is anticipated that a local rule establishing a self-help program may also exclude types of family law cases from the self-help program. Programs may operate with lawyer personnel, nonlawyer personnel, or a combination thereof.
Subdivision (c)(2). The self-help program is encouraged to cooperate with the local bar to develop a workable system to provide this information. The program may maintain information about members of The Florida Bar who are willing to provide services to self-represented litigants. The program may not show preference for a particular service, program, or attorney.
Subdivision (c)(3). In order to avoid the practice of law, the self-help personnel should not recommend a specific course of action.
Subdivision (c)(5). Self-help personnel should not suggest the specific information to be included in the blanks on the forms. Oral communications between the self-help personnel and the self-represented litigant should be focused on the type of information the form is designed to elicit.
Subdivision (c)(8). Self-help personnel should be familiar with the court rules and the most commonly used statutory provisions. Requests for information beyond these commonly used statutory provisions would require legal research, which is prohibited by subdivision (d)(8).
Subdivision (c)(9). Self-help personnel can have access to the court’s docket and can provide information from the docket to the self-represented litigant.
Subdivision (f). Because an attorney-client relationship is not formed, the information provided by a self-represented litigant is not confidential or privileged.
Subdivision (g). Because an attorney-client relationship is not formed, there is no conflict in providing the limited services authorized under this rule to both parties.
Subdivision (h). It is intended that self-represented litigants who receive services from a self-help program understand that they are not receiving legal services. One *36 purpose of the disclosure is to prevent an attorney-client relationship from being formed.
In addition to the signed disclosure, it is recommended that each program post the disclosure in a prominent place in the self-help program. The written disclosure should be available and posted in the languages that are in prevalent use in the county.
Subdivision (i). This provision is to clarify that nonlawyer personnel are not required to use Florida Family Law Rules of Procedure Form 12.900(a) because the information is included in the disclosure required by this rule. Self-help personnel are required to include their name and identifying information on any form on which they record information for a self-represented litigant.
APPENDIX B
FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.980(d)(1). TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN)
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TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN)
The Petition for Injunction for Protection Against Domestic Violence under section 741.30, Florida Statutes, and other papers filed in this Court have been reviewed. The Court has jurisdiction of the parties and the subject matter under the laws of Florida.
It is intended that this protection order meet the requirements of 18 U.S.C. § 2265 and therefore intended that it be accorded full faith and credit by the court of another state or Indian tribe and enforced as if it were the order of the enforcing state or of the Indian tribe.
NOTICE OF HEARING
Because this Temporary Injunction for Protection Against Domestic Violence has been issued without prior notice to Respondent, Petitioner and Respondent are instructed that they are scheduled to appear and testify at a hearing regarding this matter on {date} -, at-a.m./p.m., when the Court will consider whether the Court should issue a Final Judgment of Injunction for Protection Against Domestic Violence, which would remain in effect until modified or dissolved by the Court, and whether other things should be ordered, including, for example, such matters as visitation, support and who should pay the filing fees and costs. The hearing will be before The Honorable {name}_, at {room name/number, location, address, city}_, Florida. If Petitioner and/or Respondent do not appear, this temporary injunction may be continued in force, extended, dismissed, and/or additional orders may be granted, including the imposition of court costs.
*37 All witnesses and evidence, if any, must be presented at this time. In cases where temporary support issues have been alleged in the pleadings, each party is ordered to bring his or her financial affidavit Florida Family Law Rules of Procedure Form 12.902(b) or (c), tax return, pay stubs, and other evidence of financial income to the hearing.
NOTICE: Because this is a civil case, there is no requirement that these proceedings be transcribed at public expense.
YOU ARE ADVISED THAT IN THIS COURT:
_a. a court reporter is provided by the court.
_b. electronic audio tape recording only is provided by the court. A party may arrange in advance for the services of and provide for a court reporter to prepare a written transcript of the proceedings at that party’s expense.
_c. no electronic audio tape recording or court reporting services are provided by the court. A party may arrange in advance for the services of and provide for a court reporter to prepare a written transcript of the proceedings at that party’s expense.
A RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO SUPPORT AN APPEAL. THE PARTY SEEKING THE APPEAL IS RESPONSIBLE FOR HAVING THE TRANSCRIPT PREPARED BY A COURT REPORTER. THE TRANSCRIPT MUST BE FILED WITH THE REVIEWING COURT OR THE APPEAL MAY BE DENIED.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact {name} - {address} _, {telephone}_, within 2 working days of your receipt of this temporary injunction. If you are hearing or voice impaired, call TDD 1-800-955-8771.
FINDINGS
The statements made under oath by Petitioner make it appear that section 741.30, Florida Statutes, applies to the parties. It also appears that Petitioner is a victim of domestic violence by Respondent, and/or Petitioner has reasonable cause to believe he/she is in imminent danger of becoming a victim of domestic violence by Respondent, and that there is an immediate and present danger of domestic violence to Petitioner or persons lawfully with Petitioner.
TEMPORARY INJUNCTION AND TERMS
This injunction shall be effective until the hearing set above and in no event for longer than 15 days, unless extended by court order. This injunction is valid and enforceable in all counties of the State of Florida. The terms of this injunction may not be changed by either party alone or by both parties together. Only the Court may modify the terms of this injunction. Either party may ask the Court to change or end this injunction.
Any violation of this injunction, whether or not at the invitation of Petitioner or anyone else, may subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment. Certain willful violations of the terms of this injunction, such as: refusing to vacate the dwelling that the parties share; going to Petitioner’s residence, place of employment, school, or other place prohibited in this injunction; telephoning, contacting or communicating with Petitioner if prohibited by this injunction; or committing an act of domestic violence against Petitioner constitutes a misdemeanor of the first degree punishable by up to one year in jail, as provided by sections 775.082 and 775.083, Florida Statutes. In addition, it is a federal criminal felony offense, punishable by up to life imprisonment, depending on the nature of the violation, to cross state lines or enter Indian country for the purpose of engaging in conduct that is prohibited in this injunction. 18 U.S.C. § 2262 .
*38 ORDERED and ADJUDGED:
1. Violence Prohibited. Respondent shall not commit, or cause any other person to commit, any acts of domestic violence against Petitioner. Domestic violence includes: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnaping, false imprisonment, or any other criminal offense resulting in physical injury or death to Petitioner or any of Petitioner’s family or household members who are residing in the same single dwelling unit with Petitioner. Respondent shall not commit any other violation of the injunction through an intentional unlawful threat, word or act to do violence to the Petitioner.
2. No Contact. Respondent shall have no contact with Petitioner unless otherwise provided in this Section, or unless paragraph 14 below provides for contact connected with the temporary custody of and visitation with minor child(ren). a. Unless otherwise provided herein, Respondent shall have no contact with Petitioner. Respondent shall not directly or indirectly contact Petitioner in person, by mail, e-mail, fax, telephone, through another person, or in any other manner. Further, Respondent shall not contact or have any third party contact anyone connected with Petitioner’s employment or school to inquire about Petitioner or to send any messages to Petitioner. Unless otherwise provided herein, Respondent shall not go to, in, or within 500 feet of: Petitioner’s current residence {list address} _
or any residence to which Petitioner may move; Petitioner’s current or any subsequent place of employment {list address of current employment} _ -or place where Petitioner attends school {list address of school} _; or the following other places (if requested by Petitioner) where Petitioner or Petitioner’s minor child(ren) go often: _ Respondent may not knowingly come within 100 feet of Petitioner’s automobile at any time.
_ b. Other provisions regarding contact: _
3.Firearms.
[Initial all that apply; write N/A if does not apply]
— a. Respondent shall not use or possess a firearm or ammunition.
— b. Respondent shall surrender any firearms and ammunition in the Respondent’s possession to the-County Sheriffs Department until further order of the court.
— c. Other directives relating to firearms and ammunition: _
NOTE: RESPONDENT IS ADVISED THAT, IF A PERMANENT INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE IS ISSUED FOLLOWING A HEARING REGARDING THIS MATTER, IN MOST CASES IT WILL BE A VIOLATION OF § 790.233, FLORIDA STATUTES, AND A FIRST DEGREE MISDEMEANOR, FOR RESPONDENT TO HAVE IN HIS OR HER CARE, CUSTODY, POSSESSION OR CONTROL ANY FIREARM OR AMMUNITION. ADDITION

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7748734. Public record. Not legal advice.
