IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE CASE NO.:

THREE-YEAR CYCLE REPORT OF THE FAMILY LAW RULES COMMITTEE

Raymond T. McNeal, Chair, Family Law Rules Committee, and John

F. Harkness, Jr., Executive Director, The Florida Bar, file this three-year

cycle report of the Family Law Rules Committee under Fla. R. Jud. Admin.

2.140(b). All rule and form amendments have been approved by the full

committee and, as required by Rule 2.140(b)(2), reviewed by the Board of

Governors of The Florida Bar. The voting records of the committee and the

Board of Governors are shown on the attached table of contents (see

Appendix A).

The proposed amendments were published for comment in the July 1,

2007, edition of The Florida Bar News (see Appendix B) and posted on the

Bar’s website. Three comments were received (see Appendix C), all

concerning Fla. Fam. L. R. P. 12.040. After consideration, the committee

voted to further amend the proposal. Thereafter, it was again published for

comment in the November 15, 2007, edition of The Florida Bar News (see

Appendix D). As required by Rule 2.140(b)(2), the revisions to the proposed

rule were also reported to the Board of Governors (see Appendix E). The

committee’s proposal and its revision are discussed fully below.

The proposed rules and forms are attached in the full-page (see

Appendix F) and two-column (see Appendix G) formats. The committee’s

reasons for change are as follows:

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Rule 12.015, Family Law Forms. Subdivision (a) of this rule has been

amended to add two new forms being submitted to the Court with this

package to the Florida Family Law Rules of Procedure Forms and one form

(12.913(c)) that was approved by the Court in In re Amendments to the

Florida Family Law Rules of Procedure, 962 So. 2d 302 (Fla. 2007).

Subsequent subdivisions have been renumbered accordingly.

In subdivisions (a) and (b), the references to the Florida Rules of

Judicial Administration have been corrected to conform to the renumbering

of the Rules of Judicial Administration. See In re Amendments to the Florida

Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d

966 (Fla. 2006).

In the first paragraph of the Commentary, the words “In re” are

underlined in the caption to 663 So. 2d 1049. These words are missing in

West’s Florida Rules of Court – State (2007) and should be included. See

also Amendments to the Florida Family Law Rules of Procedure, 883 So. 2d

1285 (Fla. 2004).

Rule 12.040, Attorneys. The Florida Supreme Court approved Fla. Fam. L.

R. P. 12.040 in Amendments to the Rules Regulating The Florida Bar and

the Family Law Rules of Procedure (Unbundled Legal Services), 860 So. 2d

394 (Fla. 2003). After approving the rule, the Court asked the Family Law

Rules Committee to clarify whether the rule applied to the Department of

Revenue. (See Appendix H.) The Family Law Rules Committee intended for

the rule to apply to attorneys for the Department of Revenue when it is

involved in Title IV-D proceedings to determine paternity or to establish,

enforce, or modify an obligation of support or whenever the Department

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intervenes in a non-IV-D proceeding. Because of the unique issues raised in

IV-D litigation, the Committee proposed Rule 12.040(c)(2):

(2) An attorney for the child support enforcement agency

who appears in a family law matter governed by these rules

shall file a notice explaining the legal relationship between the

attorney and the party seeking to establish or enforce payment

of support and the limited issues that the attorney is authorized

to address in the proceedings.

The proposal was designed to: 1) clarify the legal relationship

between the IV-D agency’s attorney and the person who is seeking relief

through the IV-D agency; 2) establish the legal status of the person seeking

relief through the IV-D agency; and 3) identify the limited issues being

addressed in the IV-D proceeding.

Following publication of the proposal in The Florida Bar News (see

Appendix B) and posting on the Bar’s website, the Family Law Rules

Committee received three comments. General Magistrate Joe Lovelace from

the Sixth Circuit wrote in favor of the proposed rule. The Department of

Revenue objected to the proposed rule and offered suggestions for changing

it and the Child Support Enforcement Division of the Attorney General’s

Office supported the Department’s comments. (See Appendix C.) The

Committee appreciates the comments and suggestions.

The Department of Revenue raised two major issues. The first is

whether section 409.2564(5), Florida Statutes, controls the legal relationship

between the IV-D attorney and the person seeking relief through the IV-D

agency. If it does, the Department suggests that it is unnecessary to file a

separate pleading informing the court and the opposing party of the legal

relationship and the limitations on IV-D services. The second is whether the

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direction in the rule for the child support enforcement agency to “explain”

the legal relationship and the issues that can be addressed is too broad and

unclear.

The Department of Revenue also questioned whether the rule applies

to the Department and its service providers only or to all child support

enforcement agencies and pointed out that the rule did not include actions to

determine paternity or actions to modify support. The Family Law Rules

Committee concedes that proposed Rule 12.040(c)(2) should specifically

refer to the State’s Title IV-D child support enforcement program and should

apply in actions to determine paternity or to establish, modify, or enforce an

obligation of support.

The Family Law Rules Committee was unaware that there are “child

support enforcement” programs that are not administered and monitored by

the Department of Revenue. The Legislature, in Section 409.2557(1),

Florida Statutes, designated the Department of Revenue as the agency

responsible for administering the state’s child support enforcement program

established in response to Title IV-D of the Social Security Act, 42 U.S.C.

§§ 651 et seq. The Department of Revenue is authorized to contract with

private entities for support enforcement services. § 409.25575, Fla. Stat. The

reference to “child support enforcement agency” was intended to encompass

both the Department of Revenue and their contract service providers. The

Family Law Rules Committee has substituted “IV-D child support

enforcement agency” to refer to these entities.

Issue 1. Whether section 409.2564(5), Florida Statutes controls the legal

relationship between the IV-D attorney and the person seeking relief

through the IV-D agency.

Section 409.2564(5), Florida Statutes, provides:

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Whenever the IV-D agency has undertaken an action to

determine paternity, to establish an obligation of support, or to

enforce or modify an obligation of support, the IV-D agency

shall be a party to the action only for those purposes allowed

under Title IV-D of the Social Security Act. The program

attorney shall be the attorney of record solely for the purposes

of support enforcement as authorized under Title IV-D and may

prosecute only those activities which are eligible for federal

financial participation under Title IV-D. An attorney-client

relationship exists only between the department and the legal

services providers in all Title IV-D cases. The attorney shall

advise the obligee in Title IV-D cases that the attorney

represents the agency and not the obligee.

Section 409.2564(5), Florida Statutes, attempts to limit the attorney-

client relationship to the IV-D agency and the agency’s attorney and to

insulate the attorney from creating an attorney-client relationship between

the agency’s attorney and the person receiving IV-D services. However, the

statute does not resolve ethical problems for the attorney, nor clarify the

bounds of the attorney’s representation for the trial court and individual

parties. The Florida Supreme Court is vested with authority to regulate the

practice of law and the IV-D agency’s attorney is bound by the Rules

Regulating The Florida Bar. Those rules and the attorney’s conduct establish

his or her legal relationship to the person receiving IV-D services.

It is clear that the IV-D agency’s attorney represents the agency and

that the agency is not involved in any issues except those eligible for federal

financial assistance under Title IV-D. That relationship does not implicate

Rule 12.040 because the attorney’s representation of the agency is not

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limited. However, the IV-D agency’s attorney provides legal services to the

person who is receiving IV-D services. Those services create an attorney-

client relationship that can only be limited through compliance with Rule

12.040.

For example, in a case for establishment of child support, the IV-D

agency’s attorney files a lawsuit to establish child support on behalf of the

person seeking support through the IV-D agency. The IV-D attorney signs

the complaint, not the person receiving IV-D services, which would be

required by Fla. R. Jud. Admin. 2.515(b) if the person is self-represented. In

any other civil suit, the court would find that the attorney has made a general

appearance for the person seeking support. Subsequently, the attorney

consults with the person seeking support, speaks for the person in court,

advises the person about the law and his or her legal rights, helps the person

establish objectives for the representation such as whether to waive

retroactive child support or to negotiate a support amount that is more or less

than the guidelines, and negotiates with the other party or the other party’s

attorney. See The Florida Bar Ethics Opinions 77-23 and 92-2 (IV-D

agency’s attorney owes ethical obligations to person receiving IV-D

services). Also, section 90.502(5), Florida Statutes, provides that

conversations between the agency’s attorney and the person receiving IV-D

services are confidential. Compliance with Rule 12.040 protects the attorney

and informs the client, the court, and other parties of the limited nature of

the attorney’s services. Failure to file a Notice of Limited Appearance under

Rule 12.040 leaves the attorney’s role in the proceedings ambiguous.

The Department of Revenue proposes to resolve the ambiguity by

amending Rule 12.040(c)(2) as follows:

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An attorney for the State’s Title IV-D child support

enforcement agency who appears in a family law matter

governed by these rules shall file a notice informing the

recipient of Title IV-D services that the IV-D attorney

represents only the Title IV-D agency and not the recipient of

IV-D services. The notice must state that the IV-D attorney may

only address issues concerning establishment of paternity, and

establishment, modification, and enforcement of support

obligations. The notice may be incorporated into a pleading,

motion, or other paper filed with the court when the attorney

first appears.

There are several problems with the Department’s proposal. First, the

notice is provided to the person receiving IV-D services and not to the trial

court and other parties. The very intent and overarching purpose of the

proposed rule is to put the court, the opposing parties, and their attorneys on

notice of exactly what is the scope of the legal relationships between the IV-

D agency’s attorney, the agency, and the person receiving services. Second,

the Department’s proposal establishes a different procedure for the IV-D

agency’s attorneys by allowing them to include the Notice of Limited

Appearance in a pleading or motion. Finally, the notice merely recites the

statute and does not include any information that is needed to clarify the

legal relationships and attorney’s activities.

The Family Law Rules Committee suggests that the IV-D agency’s

attorneys should be bound by the same standards as any other attorney

appearing in the case. This will allow the Clerks of Court to accurately

docket the limited notices and allow the trial court and all parties to the case

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to decide when they need to notice actions through the IV-D agency and

when they need to notice the recipient of IV-D services directly.

Issue 2. Whether the direction to explain the legal relationship and the

issues that can be addressed in the case is too broad and unclear.

The Family Law Rules Committee used the word “explaining”

intentionally because of the unique and complicated legal issues involved in

IV-D child support enforcement litigation. The Committee identified the

following problems that may be alleviated by the proposed rule:

A. The status of the parent or other person receiving IV-D services in

these cases is also ambiguous without a Notice of Limited Appearance. Is

the person seeking relief a party? Usually when an attorney files a complaint

“on behalf of” a person, the person is the “real party in interest” and the

attorney represents him or her. If it were not for the person’s interest in

pursuing the claim, there would not be a case. However, in IV-D cases the

State of Florida through the Department of Revenue is pursuing the public’s

interest is securing support for minor children. Under some circumstances

they can proceed with the lawsuit even if the person who is entitled to relief

does not want to proceed.

Section 409.2651(2)(a), Florida Statutes, requires the recipient of

temporary cash assistance or Title IV-E assistance to assign to the

Department any right, title, and interest to support the recipient may be

owed. The recipient “appoints the department as her or his attorney in fact to

act in her or his name, place, and stead to perform specific acts relating to

the establishment of paternity or the establishment, modification, or

enforcement of support obligations.” § 409.2561(2)(b), Fla. Stat. In those

circumstances, the IV-D agency can pursue the litigation without the

involvement or cooperation of the parent or other person who has “custody”

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of a minor child. The trial court and the opposing parties should know when

this situation exists and whether the person receiving IV-D services is or is

not a party.

The question of whether the person receiving IV-D services is a party

is further blurred by section 61.16(1), Florida Statutes, which prohibits

assessment of attorneys’ fees and costs against the obligee and provides that

the Department of Revenue is not a party for the purpose of assessing

attorneys’ fees. The court can assess attorneys’ fees against the Department

under section 57.105(1), Florida Statutes, in recognition that in IV-D cases,

it is not the person receiving IV-D services who is pursuing the claim, but

rather the IV-D agency itself.

B. The services provided by the IV-D agency’s attorney are not

clearly defined. Section 409.2564(5), Florida Statutes, provides, in relevant

part, “The program attorney shall be the attorney of record solely for

purposes of support enforcement as authorized under Title IV-D and may

prosecute only those activities which are eligible for federal financial

participation under Title IV-D” (emphasis supplied). Very few, if any,

attorneys, trial judges, magistrates, hearing officers, or litigants are familiar

with exactly what “activities are eligible for federal financial participation

under Title IV-D.” Members of the Committee report that the IV-D child

support enforcement agency does not provide the same services in every

county and circuit. In some jurisdictions services include enforcing interest

on arrearages and assisting obligors who are seeking modification of child

support, while in others these activities are not considered IV-D services.

Also, if child support is being enforced by the Department of

Revenue, “support” includes “spousal support or alimony” for the spouse or

former spouse with whom the child is living. § 409.2554(10)(a), Fla. Stat.

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Without a notice of limited appearance, how will the trial court and opposing

counsel know if the IV-D agency’s attorney is appearing on the issue of

spousal support or alimony?

C. It is not clear whether a defendant in a IV-D case can file a

counterclaim as allowed by Fla. R. Civ. P. 1.170, whether a counterclaim

should be sent to the IV-D agency’s attorney or to the person receiving IV-D

services, or whether the claim should be filed as a third party claim under

Rule 1.180. If the person receiving IV-D services is a party, the defendant

should be able to file a counterclaim, but it is unclear whether a defendant

can bring a claim for primary physical residence (custody) or access to and

time sharing with the children (visitation) in a IV-D case at all, even in

determinations of paternity. In Eller v. Thomas, 586 So. 2d 480 (Fla. 4th

DCA 1991), the court pointed out that custody could not be addressed in a

chapter 409 proceeding, citing section 409.2564, Florida Statutes. While the

case is not directly on point, it has been used as authority for striking

counterclaims for primary physical residence or access to and time sharing

with the children.

Legal custody is not necessary to IV-D child support litigation, but

parental responsibility and time sharing arrangements impact the amount of

child support. See § 61.30(11)(a)10, Fla. Stat. However, any consideration of

these issues in the IV-D litigation is discouraged.

Additionally, a defendant in a IV-D paternity determination is

prejudiced by not being able to pursue a claim for custody in the IV-D case

because a final judgment of paternity is treated as a custody order. Section

742.031(2), Florida Statutes, provides that if a judgment of paternity

contains no explicit award of custody, the establishment of the support

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obligation shall be considered a judgment granting primary residential care

and custody to the obligee parent.

D. One of the problems for opposing parties, counsel, and the trial

courts is the apparent ability of the IV-D agency and its attorney to drop out

of a case without appropriate pleadings, then suddenly reappear without

notice. This is a concern expressed by Magistrate Lovelace in his response to

the proposed rule and it was identified in the Family Law Rules Committee

as a major concern.

In some jurisdictions the IV-D agency “withdraws” merely by filing a

notice that it is no longer involved, or by filing a “Notice of Non-

Participation” seeking to remain a party but not participate in some action

before the court. In some jurisdictions the IV-D agency files a motion to

withdraw as a party, but does not ask to substitute the person seeking relief.

The attorney representing the IV-D agency does not terminate his or her

appearance as required by Fla. R. Jud. Admin. 2.505(f). At the next hearing,

neither the IV-D agency nor their attorney is in court. The person seeking

relief is present, usually without an attorney, and the court is unaware of

why the attorney is not present. Rule 12.040 provides a clear procedure for

the IV-D agency’s attorney to terminate the limited appearance. Thus the

rule benefits the Department of Revenue and the IV-D attorney and provides

appropriate notice to the trial court, the parties, and opposing counsel.

Amended Proposed Rule 12.040(c)(2)

Based on these considerations, the Family Law Rules Committee

proposes the following amended Rule 12.040(c)(2).

(2) An attorney for the IV-D child support enforcement

agency who appears in a family law matter governed by these

rules, whether in an initial proceeding or any subsequent

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modification or enforcement action in the proceeding, shall file

a notice in compliance with subdivisions (c)(1) and (e) which

shall also state: whether the recipient of IV-D services is a

party to the case; any limits on the legal services being

performed for the recipient of IV-D services; and any limits on

the issues that may be addressed by the attorney during the

proceeding.

In making this proposal the Committee is aware that some of the problems

addressed in this response cannot be resolved by the proposed rule.

However, proposed Rule 12.040(c)(2) is a reasonable attempt to clarify the

benefits of requiring attorneys for the Title IV-D agency to comply with

Rule 12.040(c)(1) and (e) and the Florida Family Law Rules of Procedure.

Several grammatical corrections have been made in subdivisions

(c)(1) and (d).

Rule 12.310, Depositions Upon Oral Examination. This rule incorporates

Fla. R. Civ. P. 1.310 by reference. The Civil Procedure Rules Committee, in

its 2007 three-year cycle report, proposed an amendment to Fla. R. Civ. P.

1.310(b)(8), regarding protections for children being subpoenaed for a

deposition. This amendment was approved in In re Amendments to Florida

Rules of Civil Procedure, 966 So. 2d 943 (Fla. 2007). The Family Law

Rules Committee supports the amendment but proposes adding a Committee

Note to Rule 12.310 to draw attention to the requirements of Rule 12.407,

which also applies to any testimony by a minor child in a proceeding under

these rules and requires prior court approval before a child is “deposed or

brought to a deposition.”

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Rule 12.400, Confidentiality of Records and Proceedings. This rule has

been amended to conform to the renumbering of the Rules of Judicial

Administration. See In re Amendments to the Florida Rules of Judicial

Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

The citation style for the Florida Rules of Judicial Administration has also

been corrected to conform to the rules style. See, e.g., Rule 12.490(d)(3).

Rule 12.410, Subpoena. This rule incorporates Fla. R. Civ. P. 1.410 by

reference. The Civil Procedure Rules Committee, in its 2007 three-year

cycle report, proposed an amendment to Fla. R. Civ. P. 1.410(h), regarding

protections for children being subpoenaed. This amendment was approved in

In re Amendments to Florida Rules of Civil Procedure, 966 So. 2d 943 (Fla.

2007). The Family Law Rules Committee supports the amendment.

However, the committee proposes adding a Committee Note to Rule 12.410

to draw attention to the requirements of Rule 12.407, which also applies to

any testimony by a minor child and requires prior court approval before a

child is “subpoenaed to appear at a hearing.”

The committee brings to the Court’s attention that an amendment to

this rule was proposed in the committee’s response to the recommendations

of the Committee on Privacy and Court Records.

Rule 12.490, General Magistrates. In subdivisions (d)(2) and (d)(3),

references to the Florida Rules of Judicial Administration have been

corrected to conform to the renumbering of the Rules. See In re Amendments

to the Florida Rules of Judicial Administration — Reorganization of the

Rules, 939 So. 2d 966 (Fla. 2006).

In subdivision (f), the second sentence has been amended to clarify

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that exceptions to the general magistrate’s report should be filed within 10

days from the time of service of the report. This change makes the sentence

conform to the remainder of this subdivision which states that any party may

“file” cross-exceptions and discusses what action should be taken if

exceptions are or are not “filed.” It also conforms to an amendment to Fla.

R. Juv. P. 8.257(f) made by the court in 2006. See In re Amendments to the

Florida Rules of Juvenile Procedure (Three Year Cycle), 939 So. 2d 74 (Fla.

2006).

Rule 12.491, Child Support Enforcement. Subdivision (e)(2) has been

amended to conform to the renumbering of the Florida Rules of Judicial

Administration. See In re Amendments to the Florida Rules of Judicial

Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

Rule 12.492, Special Magistrates. Subdivision (g) has been amended to

clarify that exceptions to the special magistrate’s report should be filed

within 10 days and that cross-exceptions may be filed within five days of

filing of the exceptions. These amendments make the subdivision internally

consistent because other sentences state that any party may “file” cross-

exceptions and discuss what action should be taken if exceptions are or are

not “filed.” It also conforms to an amendment to Fla. R. Juv. P. 8.257(f)

made by the court in 2006. See In re Amendments to the Florida Rules of

Juvenile Procedure (Three Year Cycle), 939 So. 2d 74 (Fla. 2006), and to

the proposed amendment of Rule 12.490.

A grammatical correction, adding a comma after the word “domestic,”

has been made in subdivision (a).

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Rule 12.610, Injunctions for Domestic, Repeat, Dating, and Sexual

Violence. Subdivision (b)(4)(B) has been amended to conform to the

renumbering of the Florida Rules of Judicial Administration. See In re

Amendments to the Florida Rules of Judicial Administration —

Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

Rule 12.650, Override of Family Violence Indicator. Subdivision (h)(2)

has been amended to conform to the renumbering of the Florida Rules of

Judicial Administration. See In re Amendments to the Florida Rules of

Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla.

2006).

Style and grammar corrections have been made in subdivision (b)(1)

(42 U.S.C. §§ 601 et seq.) and (f)(2) (the Florida Department of Law

Enforcement (FDLE),).

Rule 12.750, Family Self-Help Programs. Subdivision (l) has been

amended to conform to the renumbering of the Florida Rules of Judicial

Administration. See In re Amendments to the Florida Rules of Judicial

Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

Form 12.900(g), Agreement Limiting Representation. In a March 8,

2006 letter, Thomas D. Hall, Clerk, Florida Supreme Court, asked the

Family Law Rules Committee to address recommendations of the

Unbundled Legal Services Monitoring Committee. (See Appendix H.) One

issue the committee was asked to consider was creation of a retainer

agreement for unbundled legal services cases. The committee was asked to

work with the Professional Ethics Committee of The Florida Bar.

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Accordingly, a joint subcommittee was formed. In August 2006, the

Professional Ethics Committee determined that it was “inappropriate for the

committee to draft a form retainer agreement” and withdrew from the

subcommittee. (See letter to Thomas D. Hall from S. Patrick Dray at

Appendix I). The Family Law Rules Committee continued its efforts on this

project and is proposing new Form 12.900(g). The form is intended to be

used as a “rider” or supplemental agreement, in addition to a standard

attorney-client fee agreement. It, therefore, addresses only the issues of

limited representation and does not address fees.

Form 12.900(h), Notice of Related Cases. Fla. R. Jud. Admin. 2.545(d)

requires the petitioner in a family law case to file with the court a notice of

related cases. Some circuits have developed their own forms. The committee

is proposing new Form 12.900(h) as a standard form to be used in filing a

notice of related cases.

The rule does not require the petitioner to file a notice unless there are

related cases. However, if the petitioner does not file a notice of related

cases, the court does not know whether the petitioner ignored the rule or

investigated and did not find any related cases. Therefore, many circuits

have administrative orders that require a notice stating there are no related

cases. The committee believed it was best to include an option for reporting

“no related cases” so that the form could be used in those circuits where it is

required and practitioners would have the option of filing a notice that there

are no related cases even if one is not required. The instructions state that the

form is required by rule if there are related cases and may be required by

administrative order even if there are none.

The Notice of Related Cases form includes a check list to make

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disclosure easier and to ensure that the court receives all of the information

necessary to coordinate related cases.

The committee included check lists for three related cases. Some

committee members expressed concern regarding the length of the form.

However, eliminating one of the related cases sections would not reduce the

number of pages and the committee did not support reducing the form to one

related case.

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

Proceedings. Item 4.d.(4) of the interrogatory form has been amended to

add “present” in the first sentence and to delete items 4.d.(4)(a)–4.d.(4)(c).

Because these interrogatories are intended for use in modification

proceedings, the value of the pension on the date of separation and on the

date of the filing of the petition for dissolution of marriage are no longer

relevant. The only relevant information is the present value of the party’s

interest. As has been the case in most recent amendments to the forms, the

symbols have also been deleted.

The committee notes to the court that an amendment to this form was

also included in the committee’s response to the recommendations of the

Committee on Privacy and Court Records.

Forms 12.982(c), Petition for Change of Name (Minor Children). The

instruction to this form (see paragraph 2) and the introductory portion of the

form currently require that the child’s fingerprints be attached to the petition

for change of name. However, section 68.07(2), Florida Statutes (2007),

requires that the petition “include a set of the petitioner’s fingerprints.” In

this proceeding, the parent, and not the child, is the petitioner. The

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instructions and form have been amended to conform to the statute and

require that the petitioner’s fingerprints be attached to the petition. As has

been the case in most recent amendments to the forms, the symbols have

also been deleted.

Form 12.982(f), Petition for Change of Name (Family). The instruction

to this form (see paragraph 2) and the introductory portion of the form

currently require that fingerprints for each family member be attached to the

petition. However, section 68.07(2), Florida Statutes (2007), requires that

the petition “include a set of the petitioner’s fingerprints.” In this

proceeding, the parent, and not the child, is the petitioner. The form and

instructions have been amended to conform to the statute and to require that

each adult family member’s fingerprints (presumably the parents) be

attached to the petition. A grammatical correction has been made in

paragraph four of the instructions. As has been the case in most recent

amendments to the forms, the symbols have also been deleted. The committee respectfully asks that the Court amend the rules and

forms as outlined in this report.

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Respectfully submitted .

RAYMOND T. McNEAL JOHN F. HARKNESS, JR. Chair Executive Director Family Law Rules Committee The Florida Bar 2640 S.E. 45th St. 651 East Jefferson Street Ocala, FL 33480-5784 Tallahassee, FL 32399-2300 352/351-5828 850/561-5600 FLORIDA BAR NO.: 163824 FLORIDA BAR NO.: 123390

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APPENDIX A

APPX. A-1

TABLE OF CONTENTS

FLORIDA FAMILY LAW RULES OF PROCEDURE 12.000. PREFACE [NO CHANGE]

SECTION I. RULES 12.005. TRANSITION RULE [NO CHANGE] 12.010. SCOPE, PURPOSE, AND TITLE [NO CHANGE] 12.015 FAMILY LAW FORMS [AMENDED] Committee vote: Editorial change Board of Governors vote: 38-0 12.020. APPLICABILITY OF FLORIDA RULES OF CIVIL PROCEDURE [NO CHANGE] 12.030. NONVERIFICATION OF PLEADINGS [NO CHANGE] 12.040. ATTORNEYS [AMENDED] Committee vote: 20-0-0 Board of Governors vote: 38-0 12.050. WHEN ACTION COMMENCED [NO CHANGE] 12.060. TRANSFERS OF ACTIONS [NO CHANGE] 12.070. PROCESS [NO CHANGE] 12.080. SERVICE OF PLEADINGS AND PAPERS [NO CHANGE] 12.090. TIME [NO CHANGE] 12.100. PLEADINGS AND MOTIONS 12.105. SIMPLIFIED DISSOLUTION PROCEDURE [NO CHANGE] 12.110. GENERAL RULES OF PLEADING [NO CHANGE] 12.120. PLEADING SPECIAL MATTERS [NO CHANGE] 12.130. DOCUMENTS SUPPORTING ACTION OR DEFENSE [NO CHANGE] 12.140. DEFENSES [NO CHANGE] 12.150. SHAM PLEADINGS [NO CHANGE] 12.160. MOTIONS [NO CHANGE] 12.170. COUNTERCLAIMS AND CROSSCLAIMS [NO CHANGE] 12.180. THIRD-PARTY PRACTICE [NO CHANGE] 12.190. AMENDED AND SUPPLEMENTAL PLEADINGS [NO CHANGE] 12.200. CASE MANAGEMENT AND PRETRIAL CONFERENCES [NO CHANGE] 12.210. PARTIES [NO CHANGE] 12.230. INTERVENTIONS [NO CHANGE] 12.240. INTERPLEADER [NO CHANGE] 12.250. MISJOINDER AND NONJOINDER OF PARTIES [NO CHANGE] 12.260. SURVIVOR; SUBSTITUTION OF PARTIES [NO CHANGE] 12.270. CONSOLIDATION; SEPARATE TRIALS [NO CHANGE] 12.280. GENERAL PROVISIONS GOVERNING DISCOVERY [NO CHANGE]

APPX. A-2

12.285. MANDATORY DISCLOSURE [NO CHANGE] 12.287. FINANCIAL AFFIDAVITS IN ENFORCEMENT AND CONTEMPT PROCEEDINGS [NO CHANGE] 12.290. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL [NO CHANGE] 12.300. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN [NO CHANGE] 12.310. DEPOSITIONS UPON ORAL EXAMINATION [AMENDED] Committee vote: 16-0-1 Board of Governors vote: 38-0 12.320. DEPOSITIONS UPON WRITTEN QUESTIONS [NO CHANGE] 12.330. USE OF DEPOSITIONS IN COURT PROCEEDINGS [NO CHANGE] 12.340. INTERROGATORIES TO PARTIES [NO CHANGE] 12.350. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES [NO CHANGE] 12.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION [NO CHANGE] 12.360. EXAMINATION OF PERSONS [NO CHANGE] 12.363. EVALUATION OF MINOR CHILD [NO CHANGE] 12.365. EXPERT WITNESSES [NO CHANGE] 12.370. REQUESTS FOR ADMISSION [NO CHANGE] 12.380. FAILURE TO MAKE DISCOVERY; SANCTIONS [NO CHANGE] 12.390. DEPOSITIONS OF EXPERT WITNESSES [NO CHANGE] 12.400. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS [AMENDED] Committee vote: Editorial change Board of Governors vote: 38-0 12.407. TESTIMONY AND ATTENDANCE OF MINOR CHILD [NO CHANGE] 12.410. SUBPOENA [AMENDED] Committee vote: 16-0-1 Board of Governors vote: 38-0 12.420. DISMISSAL OF ACTIONS [NO CHANGE] 12.430. DEMAND FOR JURY TRIAL; WAIVER [NO CHANGE] 12.431. TRIAL JURY [NO CHANGE] 12.440. SETTING ACTION FOR TRIAL [NO CHANGE] 12.450. EVIDENCE [NO CHANGE] 12.460. CONTINUANCES [NO CHANGE] 12.470. EXCEPTIONS UNNECESSARY [NO CHANGE]

APPX. A-3

12.480. MOTION FOR A DIRECTED VERDICT [NO CHANGE] 12.481. VERDICTS [NO CHANGE] 12.490. GENERAL MAGISTRATES [AMENDED] Committee vote: 17-2-0 Board of Governors vote: 38-0 12.491. CHILD SUPPORT ENFORCEMENT [AMENDED] Committee vote: Editorial change Board of Governors vote:12.492. SPECIAL MAGISTRATES [AMENDED] Committee vote: 26-0-0 Board of Governors vote: 38-0 12.500. DEFAULTS AND FINAL JUDGMENTS THEREON [NO CHANGE] 12.510. SUMMARY JUDGMENT [NO CHANGE] 12.520. VIEW [NO CHANGE] 12.525. MOTIONS FOR COSTS AND ATTORNEYS’ FEES [NO CHANGE] 12.530. MOTIONS FOR NEW TRIAL AND REHEARING;AMENDMENTS OF JUDGMENTS [NO CHANGE] 12.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS [NO CHANGE] 12.550. EXECUTIONS AND FINAL PROCESS [NO CHANGE] 12.560. DISCOVERY IN AID OF EXECUTION [NO CHANGE] 12.570. ENFORCEMENT OF JUDGMENTS [NO CHANGE] 12.580. WRIT OF POSSESSION [NO CHANGE] 12.590. PROCESS IN BEHALF OF AND AGAINST PERSONS NOT PARTIES [NO CHANGE] 12.600. DEPOSITS IN COURT [NO CHANGE] 12.610. INJUNCTIONS FOR DOMESTIC, REPEAT, DATING, AND SEXUAL VIOLENCE [AMENDED] Committee vote: Editorial change Board of Governors vote: 38-0 12.611. CENTRAL GOVERNMENTAL DEPOSITORY [NO CHANGE] 12.615. CIVIL CONTEMPT IN SUPPORT MATTERS [NO CHANGE] 12.620. RECEIVERS [NO CHANGE] 12.625. PROCEEDINGS AGAINST SURETY ON JUDICIAL BONDS [NO CHANGE] 12.630. EXTRAORDINARY REMEDIES [NO CHANGE] 12.650 OVERRIDE OF FAMILY VIOLENCE INDICATOR [AMENDED] Committee vote: Editorial change Board of Governors vote: 38-0 12.740. FAMILY MEDIATION [NO CHANGE] 12.741. MEDIATION RULES [NO CHANGE] 12.750. FAMILY SELF-HELP PROGRAMS [AMENDED] Committee vote: Editorial change Board of Governors vote: 38-0

APPX. A-4

SECTION II. FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS

[EDITOR’S NOTE: Forms in bold are Florida Family Law Rules of Procedure Forms, cited as Fla.Fam.L.R.P. Form. All others are Florida Supreme Court Approved Family Law Forms, cited as Fla.S.Ct.App.Fam.L. Form. See Fla.Fam.L.R.P. 12.015.] GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS 12.900–12.909 PETITIONS AND SUPPORTING DOCUMENTS12.900(a) DISCLOSURE FROM NONLAWYER [NO CHANGE]

(b) NOTICE OF LIMITED APPEARANCE [NO CHANGE] (c) CONSENT TO LIMITED APPEARANCE BY ATTORNEY [NO CHANGE] (d) TERMINATION OF LIMITED APPEARANCE [NO CHANGE] (e) ACKNOWLEDGMENT OF ASSISTANCE BY ATTORNEY [NO CHANGE] (f) SIGNATURE BLOCK FOR ATTORNEY MAKING LIMITED APPEARANCE [NO CHANGE] (g) AGREEMENT LIMITING REPRESENTATION [NEW FORM] Committee vote: 10-3-0 Board of Governors vote: 38-0 (h) NOTICE OF RELATED CASES [NEW FORM] Committee vote: 18-1-0 Board of Governors vote: 38-0

12.901(a) PETITION FOR SIMPLIFIED DISSOLUTION OF MARRIAGE [NO CHANGE]]

(b)(1) PETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (b)(2) PETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (b)(3) PETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY

SUPPORTING DOCUMENTS12.902(b) FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) [NO CHANGE]

APPX. A-5

(c) FAMILY LAW FINANCIAL AFFIDAVIT [NO CHANGE] (d) UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) AFFIDAVIT (e) CHILD SUPPORT GUIDELINES WORKSHEET [NO CHANGE] (f)(1) MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (f)(2) MARITAL SETTLEMENT AGREEMENT FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (f)(3) MARITAL SETTLEMENT AGREEMENT FOR SIMPLIFIED DISSOLUTION OF MARRIAGE [NO CHANGE] (i) AFFIDAVIT OF CORROBORATING WITNESS (j) NOTICE OF SOCIAL SECURITY NUMBER

12.903(a) ANSWER, WAIVER, AND REQUEST FOR COPY OF FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE

(b) ANSWER TO PETITION FOR DISSOLUTION OF MARRIAGE (c)(1) ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (c)(2) ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (c)(3) ANSWER TO PETITION AND COUNTERPETITION FOR DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN) OR PROPERTY (d) ANSWER TO COUNTERPETITION (e) ANSWER TO SUPPLEMENTAL PETITION

PETITIONS FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE12.904(a) PETITION FOR SUPPORT UNCONNECTED WITH

DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

(b) PETITION FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)

APPX. A-6

SUPPLEMENTAL PETITIONS TO MODIFY FINAL JUDGMENT12.905 (a) SUPPLEMENTAL PETITION TO MODIFY CUSTODY OR VISITATION AND OTHER RELIEF

(b) SUPPLEMENTAL PETITION FOR MODIFICATION OF CHILD SUPPORT (c) SUPPLEMENTAL PETITION FOR MODIFICATION OF ALIMONY

12.910–12.919 SERVICE12.910(a) SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL [NO CHANGE]

(b) PROCESS SERVICE MEMORANDUM 12.912(a) MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE

(b) NONMILITARY AFFIDAVIT 12.913(a) NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE

(b) AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY [NO CHANGE]

12.914 CERTIFICATE OF SERVICE 12.915 NOTICE OF CURRENT ADDRESS 12.920–12.929 PROCEDURAL12.920(a) MOTION FOR REFERRAL TO GENERAL

MAGISTRATE [NO CHANGE] (b) ORDER OF REFERRAL TO GENERAL MAGISTRATE [NO CHANGE] (c) NOTICE OF HEARING BEFORE GENERAL

MAGISTRATE [NO CHANGE] 12.921 NOTICE OF HEARING (CHILD SUPPORT ENFORCEMENT HEARING OFFICER) 12.922(a) MOTION FOR DEFAULT

(b) DEFAULT (c) MOTION TO SET ASIDE DEFAULT OR DEFAULT JUDGMENT

12.923 NOTICE OF HEARING (GENERAL) 12.924 NOTICE FOR TRIAL 12.927 NOTICE OF VOLUNTARY DISMISSAL 12.930–12.939 DISCOVERY12.930(a) NOTICE OF SERVICE OF STANDARD FAMILY LAW INTERROGATORIES [NO CHANGE]

(b) STANDARD FAMILY LAW INTERROGATORIES FOR ORIGINAL OR ENFORCEMENT PROCEEDINGS [NO CHANGE]] (c) STANDARD FAMILY LAW INTERROGATORIES FOR MODIFICATION PROCEEDINGS [AMENDED] Committee vote: 14-0-0 Board of Governors vote: 38-0

12.931(a) NOTICE OF PRODUCTION FROM NONPARTY

APPX. A-7

(b) SUBPOENA FOR PRODUCTION OF DOCUMENTS FROM NONPARTY

12.932 CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE [NO CHANGE] 12.940–12.949 MOTIONS12.940(d) MOTION TO MODIFY OR DISSOLVE TEMPORARY INJUNCTION

(e) ORDER DISSOLVING TEMPORARY INJUNCTION

12.941(a) VERIFIED MOTION FOR TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES

(b) TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF PASSPORT SERVICES (EX PARTE) (c) TEMPORARY INJUNCTION TO PREVENT REMOVAL OF MINOR CHILD(REN) AND/OR DENIAL OF

PASSPORT SERVICES (AFTER NOTICE) (d) EMERGENCY VERIFIED MOTION FOR CHILD PICK-UP ORDER (e) ORDER TO PICK-UP MINOR CHILD(REN)

12.942(a) MOTION FOR APPOINTMENT OF GUARDIAN AD LITEM

(b) ORDER APPOINTING GUARDIAN AD LITEM 12.943 MOTION TO DEVIATE FROM CHILD SUPPORT

GUIDELINES 12.944(a) MOTION FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN)

(b) ORDER FOR TESTIMONY AND ATTENDANCE OF MINOR CHILD(REN)

12.947(a) MOTION FOR TEMPORARY SUPPORT WITH DEPENDENT OR MINOR CHILD(REN)

(b) TEMPORARY ORDER OF SUPPORT WITH DEPENDENT OR MINOR CHILD(REN)

(c) MOTION FOR TEMPORARY SUPPORT WITH NO DEPENDENT OR MINOR CHILD(REN)

(d) TEMPORARY SUPPORT ORDER WITH NO DEPENDENT OR MINOR CHILD(REN)

12.950–12.959 AVAILABLE FOR FUTURE CATEGORIES 12.960–12.969 CONTEMPT/ENFORCEMENT12.960 MOTION FOR CIVIL CONTEMPT/ENFORCEMENT 12.961 NOTICE OF HEARING ON MOTION FOR

CONTEMPT/ENFORCEMENT IN SUPPORT MATTERS

APPX. A-8

12.970–12.979 AVAILABLE FOR FUTURE CATEGORIES 12.980–12.989 SPECIAL CASES DOMESTIC AND REPEAT VIOLENCE12.980(a) PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE

(b)(1) ORDER SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR SEXUAL VIOLENCE WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION (b)(2) ORDER DENYING PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR SEXUAL VIOLENCE (c)(1) TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (c)(2) TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) (d)(1) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITH MINOR CHILD(REN) (AFTER NOTICE) (d)(2) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE WITHOUT MINOR CHILD(REN) (AFTER

NOTICE) (e) ORDER OF DISMISSAL OF TEMPORARY INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR SEXUAL VIOLENCE (f) PETITION FOR INJUNCTION FOR PROTECTION

AGAINST REPEAT VIOLENCE (g) SUPPLEMENTAL AFFIDAVIT IN SUPPORT OF PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE,

OR SEXUAL VIOLENCE (h) PETITIONER’S REQUEST FOR CONFIDENTIAL FILING OF ADDRESS

APPX. A-9

(i) MOTION FOR EXTENSION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE,

OR SEXUAL VIOLENCE (j) MOTION FOR MODIFICATION OF INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR SEXUAL VIOLENCE (k) TEMPORARY INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (l) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE (AFTER NOTICE) (m) ORDER EXTENDING INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE,

OR SEXUAL VIOLENCE (n) PETITION FOR INJUNCTION FOR PROTECTION

AGAINST DATING VIOLENCE (o) TEMPORARY INJUNCTION FOR PROTECTION AGAINST DATING VIOLENCE (p) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST DATING VIOLENCE (AFTER NOTICE) (q) PETITION FOR INJUNCTION FOR PROTECTION

AGAINST SEXUAL VIOLENCE (r) TEMPORARY INJUNCTION FOR PROTECTION AGAINST SEXUAL VIOLENCE (s) FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST SEXUAL VIOLENCE (AFTER NOTICE) (t) PETITION BY AFFIDAVIT FOR ORDER TO SHOW CAUSE FOR A VIOLATION OF FINAL JUDGMENT OF INJUNCTION

FOR PROTECTION AGAINST DOMESTIC VIOLENCE, REPEAT VIOLENCE, DATING VIOLENCE, OR SEXUAL VIOLENCE

(u) ORDER TO SHOW CAUSE ADOPTION12.981(a)(1) STEPPARENT ADOPTION: CONSENT AND WAIVER BY PARENT

(a)(2) STEPPARENT ADOPTION: CONSENT OF ADOPTEE (a)(3) AFFIDAVIT OF NONPATERNITY (a)(4) STEPPARENT ADOPTION: AFFIDAVIT OF DILIGENT SEARCH (a)(5) INDIAN CHILD WELFARE ACT AFFIDAVIT (a)(6) MOTION FOR SEARCH OF PUTATIVE FATHER

REGISTRY (a)(7) ORDER GRANTING MOTION FOR SEARCH OF

PUTATIVE FATHER REGISTRY

APPX. A-10

(b)(1) JOINT PETITION FOR ADOPTION BY STEPPARENT (b)(2) FINAL JUDGMENT OF STEPPARENT ADOPTION (c)(1) PETITION FOR ADOPTION OF ADULT BY STEPPARENT (c)(2) STEPPARENT ADOPTION: CONSENT OF ADULT

ADOPTEE’S SPOUSE (d)(1) PETITION FOR ADOPTION INFORMATION (d)(2) ORDER RELEASING ADOPTION INFORMATION

NAME CHANGE12.982(a) PETITION FOR CHANGE OF NAME (ADULT)

(b) FINAL JUDGMENT OF CHANGE OF NAME (ADULT) (c) PETITION FOR CHANGE OF NAME (MINOR CHILD(REN)) [AMENDED] Committee vote: 27-0-0 Board of Governors vote: 38-0 (d) CONSENT FOR CHANGE OF NAME (MINOR

CHILD(REN)) (e) FINAL JUDGMENT OF CHANGE OF NAME (MINOR CHILD(REN)) (f) PETITION FOR CHANGE OF NAME (FAMILY) [AMENDED] Committee vote: 27-0-0 Board of Governors vote: 38-0 (g) FINAL JUDGMENT OF CHANGE OF NAME (FAMILY)

PATERNITY12.983(a) PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF

(b) ANSWER TO PETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF (c) ANSWER TO PETITION AND COUNTERPETITION TO DETERMINE PATERNITY AND FOR RELATED RELIEF (d) ANSWER TO COUNTERPETITION (e) MOTION FOR SCIENTIFIC PATERNITY TESTING (f) ORDER ON MOTION FOR SCIENTIFIC PATERNITY TESTING (g) FINAL JUDGMENT OF PATERNITY

12.990–12.999 JUDGMENTS AND ORDERS12.990(a) FINAL JUDGMENT OF SIMPLIFIED DISSOLUTION OF MARRIAGE [NO CHANGE]

(b)(1) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH MINOR CHILD(REN) (UNCONTESTED)

APPX. A-11

(b)(2) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR MINOR CHILD(REN) (UNCONTESTED) (b)(3) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH NO PROPERTY OR DEPENDENT OR MINOR CHILD(REN)

(UNCONTESTED) (c)(1) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN) (c)(2) FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE WITH PROPERTY BUT NO DEPENDENT OR

MINOR CHILD(REN) 12.993 (a) SUPPLEMENTAL FINAL JUDGMENT MODIFYING

PARENTAL RESPONSIBILITY/VISITATION (b) SUPPLEMENTAL FINAL JUDGMENT MODIFYING

CHILD SUPPORT (c) SUPPLEMENTAL FINAL JUDGMENT MODIFYING ALIMONY

12.994(a) FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH DEPENDENT OR MINOR CHILD(REN)

(b) FINAL JUDGMENT FOR SUPPORT UNCONNECTED WITH DISSOLUTION OF MARRIAGE WITH NO DEPENDENT OR MINOR CHILD(REN)

APPX. A-12

APPENDIX B

APPX. B-1

Published in The Florida Bar News, July 1, 2007, at page 11.

FAMILY LAW RULES COMMITTEE THREE-YEAR CYCLE AMENDMENTS

The Family Law Rules Committee invites comment on proposed three-year cycle amendments to the Florida Family Law Rules of Procedure shown below. The full text of the proposals can be found on The Florida Bar’s website at www.FloridaBar.org. Interested persons have until August 1, 2007, to submit comments electronically to Raymond T. McNeal, Chair, Family Law Rules Committee, rtmcneal@cox.net. RULE/FORM VOTE EXPLANATION 12.015 Editorial change to add two new forms to list of those

considered part of the Family Law Rules; correction to conform to renumbering of Florida Rules of Judicial Administration in 2006; amendment to conform to West’s Florida Rules of Court.

12.040 20-0-0 In response to a request from the Court, creates new subdivision (c)(2) to require that an attorney representing the Dept. of Revenue in a child support enforcement case file a notice defining the attorney’s relationship with the custodial parent and the issues the attorney is authorized to address in the proceedings. Grammatical corrections.

12.310 16-0-1 In response to proposed amendment of Fla.R.Civ.P. 1.310(b)(8), regarding protections for children being deposed, adds a Committee Note reminding practitioners of the requirement of Fla.Fam.L.R.P. 12.407, to obtain prior court approval before a minor child is deposed or brought to a deposition.

12.400 Corrects cross-references to the Florida Rules of Judicial Administration to conform to renumbering of the rules in 2006. Style corrections.

12.410 16-0-1 In response to proposed amendment of Fla.R.Civ.P. 1.410(h), regarding protections for children being subpoenaed, adds a Committee Note reminding practitioners of the requirement of Fla.Fam.L.R.P. 12.407, to obtain prior court approval before a minor child is subpoenaed to appear at a hearing.

12.490 17-2-0 Corrects cross-references to the Florida Rules of Judicial Administration to conform to renumbering of the rules in 2006. Amends subdivision (f) to clarify that exceptions to the general magistrate’s report should be filed within 10 days of service of the report.

APPX. B-2

12.491 Corrects cross-reference to the Florida Rules of Judicial

Administration to conform to renumbering of the rules in 2006.

12.492 26-0-0 Amends subdivision (g) to clarify that exceptions to the special magistrate’s report should be filed within 10 days of service. Corrects cross-reference to the Florida Rules of Judicial Administration to conform to renumbering of the rules in 2006. Grammatical correction.

12.610 Corrects cross-reference to the Florida Rules of Judicial Administration to conform to renumbering of the rules in 2006.

12.650 Corrects cross-reference to the Florida Rules of Judicial Administration to conform to renumbering of the rules in 2006; style and grammar corrections.

12.750 Corrects cross-reference to the Florida Rules of Judicial Administration to conform to renumbering of the rules in 2006.

12.900(g) 10-3-0 As recommended by the Unbundled Legal Services Monitoring Committee, creates supplemental agreement to a standard attorney-client retainer agreement to be used in cases in which representation has been limited by agreement of the attorney and client.

12.900(h) 18-1-0 In conformity with the requirements of Fla.R.Jud.Admin. 2.545(d), creates a new form for a notice of related cases in a family law matter.

12.930(c) 14-0-0 Amends item 4.d.(4) to add the word “present” in the first sentence and deletes items 4.d.(4)(a)–4.d.(4)(c). Because these interrogatories are for use in modification proceedings, the only relevant information is the value of the party’s present interest in the pension.

12.982(c) 27-0-0 Amends instructions and petition for change of name to delete requirement of filing set of child’s fingerprints, to conform to section 68.07(2), Florida Statutes.

12.982(f) 27-0-0 Amends instructions and petition for change of name to delete requirement of filing set of child’s fingerprints, to conform to section 68.07(2), Florida Statutes.

APPX. B-3

APPENDIX C

APPX. C-1

From: Lovelace, Joe To: rtmcneal@cox.net Sent: Friday, June 29, 2007 12:42 PM Subject: proposed fam law rules amendments I have just reviewed briefly the 7/1/07 edition of the bar new and ran across the notice about the proposed rules amendments. The one which jumped out at me was 12.040 to require a notice by DOR attys about the extent of their representation. This has been a point of major concern between Judge St. Arnold and myself recently due to DOR/AG’s recent tendency to jump in and out of litigation, seemingly at their discretion, thereby requiring their “client” to proceed pro se on what appears to be clearly within DOR’s scope of representation. Additionally, some support-related matters are addressed in IV-D proceedings and others have to be heard by me, a non-IV-D g.m./c.s.h.o., even though all issues appear to be IV-D. And is the “client” only the state, or also the individual? I’m not sure the proposed rule amendment goes far enough to resolve all these questions, but it’s a good and long overdue start. Chalk up this comment a favorable.

APPX. C-2

Comments on Proposed Amendment to

Florida Family Law Rule of Procedure 12.040(c);

Requirement for IV-D Attorney to File Notice of Limited Appearance

The Department of Revenue submits these comments for consideration by the Family

Law Rules Committee.

The committee’s notice of proposed change states:

In response to a request from the Court, [the proposed change] creates new

subdivision (c)(2) to require that an attorney representing the Dept. of Revenue in

a child support enforcement case file a notice defining the attorney’s relationship

with the custodial parent and the issues the attorney is authorized to address in the

proceedings.

The proposed rule states:

An attorney for the child support enforcement agency who appears in a family

law matter governed by these rules shall file a notice explaining the legal

relationship between the attorney and the party seeking to establish or enforce

payment of support and the limited issues that the attorney is authorized to

address in the proceedings.

To address the Department’s comments, which are explained in the paragraphs that

follow, we recommend revising the proposed rule to read:

An attorney for the State’s Title IV-D child support enforcement agency who

appears in a family law matter governed by these rules shall file a notice

informing the recipient of Title IV-D services that the IV-D attorney represents

only the Title IV-D agency and not the recipient of IV-D services. The notice

must state that the IV-D attorney may only address issues concerning

APPX. C-3

establishment of paternity, and establishment, modification, and enforcement of

support obligations. The notice may be incorporated into a pleading, motion, or

other paper filed with the court when the attorney first appears.

1. The attorney-client relationship and role of the IV-D attorney is defined by section

409.2564(5), Florida Statutes, which states:

Whenever the IV-D agency has undertaken an action to determine paternity, to

establish an obligation of support, or to enforce or modify an obligation of

support, the IV-D agency shall be a party to the action only for those purposes

allowed under Title IV-D of the Social Security Act. The program attorney shall

be the attorney of record solely for the purposes of support enforcement as

authorized under Title IV-D and may prosecute only those activities which are

eligible for federal financial participation under Title IV-D. An attorney-client

relationship exists only between the department and the legal services providers in

all Title IV-D cases. The attorney shall advise the obligee in Title IV-D cases that

the attorney represents the agency and not the obligee.

See also § 409.2567, Florida Statutes.

The statute also specifies the types of support actions to which the IV-D agency may be a

party and the role of the IV-D attorney in those actions.

The proposed rule requires the attorney to, “file a notice explaining the legal relationship

between the attorney and the party seeking to establish or enforce payment of support and

the limited issues that the attorney is authorized to address in the proceedings,” yet is

ambiguous on the two essential points: who the attorney represents and what issues may

be addressed. We think the rule should clearly address these issues and do so according

to the statute.

The Department believes the statute governs the legal relationships between the

APPX. C-4

Department, the IV-D attorney and the recipient of IV-D services, yet there has been

disagreement on this question in the past. See Florida Bar Ethics Opinion

92-2. There is no case law or rule of court that definitively resolves the issue. The

Department's proposed language addresses both issues clearly and unambiguously based

on the requirements of the statute which reflect the purpose and scope of the Title IV-D

program. See 42 U.S.C. § 651.

2. We recommend the rule not require a notice explaining the attorney-client

relationship; a notice that informs individuals who receive IV-D services of who the

attorney represents (and does not represent) and the limited issues for which the

Department and the IV-D attorney are appearing should be enough. “Explaining” is

broader than it needs to be, leaving too much room for interpretation. We believe that the

proposed rule should specifically state who the attorney represents and what issues the

attorney may address.

The Department's proposed language requires the attorney to send a notice that informs

the recipient of IV-D services that the attorney represents only the IV-D agency and not

the recipient of IV-D services, and provides that the notice must state that the IV-D

attorney may only address issues concerning establishment of paternity, and

establishment, modification, and enforcement of support obligations.

3. The phrase in the proposed rule, “between the attorney and the party seeking to

establish or enforce payment of support,” is unduly restrictive in two respects. First, IV-

D attorneys appear in court for the Department in IV-D cases for reasons other than to

establish or enforce payment of support. Examples include establishment of paternity

only and support order modification. Both are required IV-D services. See 42 U.S.C. §§

654(4), 666(a)(10).

Second, the proposed rule assumes the individual who is receiving IV-D services will

necessarily be the custodial parent, “the party seeking to establish or enforce payment of

support.” However, the recipient of IV-D services may be a noncustodial parent who is

APPX. C-5

seeking downward modification of a support order or a putative father who has applied

for IV-D services and is asking the Department to establish paternity. In both scenarios

the Department is required to provide IV-D services under federal law. Id.

The Department's proposed language addresses these issues by referring to “the recipient

of Title IV-D services,” rather than “the party seeking to establish or enforce payment of

support,” and by stating the attorney “may only address issues concerning establishment

of paternity, and establishment, modification, and enforcement of support obligations,”

which we believe covers the full range of

IV-D services.

4. The IV-D attorney should not be required to file a separate notice of limited

appearance in a case in which the attorney has commenced the action on behalf of the

Department if notice is given in the pleading. In an existing family law case, the attorney

should be allowed to combine the notice with a responsive pleading, motion, or other

paper that is filed with the court and served on the parties. A requirement to file a

separate form adds administrative cost for the Department and the IV-D attorneys and

takes more time to prepare than incorporating the notice in another document that will be

filed with the court.

To comply with the requirement in sections 409.2564(5) and 409.2567, Florida Statutes,

to notify the obligee that the IV-D attorney represents the Department and not the

obligee, Florida IV-D attorneys have long since incorporated the required notice in a

pleading, motion, or other paper that is filed with the court. Title IV-D attorneys

commonly include language that informs the individual the Department may only address

paternity and support issues and may not address custody and visitation.

The Department's proposed language provides that the notice may be incorporated into a

pleading, motion, or other paper filed with the court when the attorney first appears.

5. The proposed rule refers to “An attorney for the child support enforcement agency

APPX. C-6

who appears in a family law matter governed by these rules.” The phrase “child support

enforcement agency” does not specifically refer to the Department of Revenue or the

state’s Title IV-D program which is administered by the Department. See § 409.2557(1),

Florida Statutes. The language could be interpreted to apply to child support enforcement

programs operated by local governments. Some clerks of court and at least one county

operate local child support enforcement programs that are not part of the state’s IV-D

program.

See § 61.1827, Florida Statutes. Based on the notice that accompanies the proposed rule,

the committee’s intent is that the rule apply only to IV-D attorneys representing the

Department of Revenue. If the rule is to apply only to IV-D attorneys, we recommend

clarifying this in the rule. The Department's proposed language addresses the issue by

referring to, “the State’s Title IV-D child support enforcement agency.”

Respectfully submitted electronically this 26th day of July, 2007 to Raymond T. McNeal,

Chair, Family Law Rules Committee, rtmcneal@cox.net.

Thomas J. Mato

Chief Counsel

Florida Department of Revenue

Child Support Enforcement Program

P.O. Box 8030

Tallahassee, F: 32314-8030

Fla. Bar #140740

Phone 850.922.9590

FAX 850.922.6665

matot@dor.state.fl.us

APPX. C-7

From: "Priscilla Quinones" <Priscilla.Quinones@myfloridalegal.com> To: <rtmcneal@cox.net> Cc: "Thomas Mato" <MATOT@dor.state.fl.us> Sent: Wednesday, August 01, 2007 5:14 PM Subject: Comments, Rule 12.040(c) > > Dear Mr. McNeal, > > On behalf of the Child Support Enforcement Bureau of the Office of the > Attorney General, this comment is in support of the comments and proposed > revisions submitted by the Department of Revenue, Child Support > Enforcement > Program, as attached below. The Office of the Attorney General represents the Department of Revenue in 21 counties and the Clerk of Manatee County > in Manatee County in trial and appellate, establishment and enforcement > cases. > Please do not hesitate to contact us if we may be of assistance to you and > the Committee. Thank you for your consideration. > > Respectfully submitted, > > Priscilla R. Quinones > Chief Assistant Attorney General > Child Support Enforcement Bureau > 850-414-3400 > 850-922-9429 (fax) >

APPX. C-8

APPENDIX D

APPX. D-1

Published in The Florida Bar News, November 15, 2007, at page 17.

FAMILY LAW RULES COMMITTEE REVISED THREE-YEAR CYCLE RULE PROPOSAL

In the July 1, 2007, Florida Bar News, the Family Law Rules Committee published notice of proposed rule amendments to be submitted to the Supreme Court as part of its three-year cycle. Three comments were received, all on Fla.Fam.L.R.P. 12.040. The committee has considered these comments and has voted 31 to 0 to amend its proposed amendment to Rule 12.040(c)(2) as follows: (c)(2) An attorney for the IV-D child support enforcement agency who appears in a family law matter governed by these rules, whether in an initial proceeding or any subsequent modification or enforcement action in the proceeding, shall file a notice in compliance with subdivisions (c)(1) and (e), which shall also state whether the recipient of IV-D services is a party to the case, any limits on the legal services being performed for the recipient of IV-D services, and any limits on the issues that may be addressed by the attorney during the proceeding. The full text of the rule may be found on the Florida Bar’s website: www.floridabar.org. Additional comments may be submitted after February 1, 2008, on paper and electronically to Thomas D. Hall, Clerk, Florida Supreme Court, 500 South Duval Street, Tallahassee, FL 32399, and served on Raymond T. McNeal, Chair, Family Law Rules Committee, 2640 S.E. 45th Street, Ocala, Florida 34480, rtmcneal@cox.net.

APPX. D-2

APPENDIX E

APPX. E-1

APPX. E-2

October 15, 2007

MEMORANDUM TO: Board of Governors The Florida Bar FROM: Raymond T. McNeal, Chair Family Law Rules Committee RE: Amendment to Proposed Three-Year-Cycle Rules Amendments As required by Fla. R. Jud. Admin. 2.140(b)(2), the Family Law Rules Committee submitted its three-year-cycle rules amendments to the Board of Governors for review in June 2007. The proposals were considered at the October 2007 Board of Governors meeting and approved by a vote of 38 to 0. As also required by Rule 2.140(b)(2), the proposals were published in the Florida Bar News and posted on the Florida Bar’s website with a request for comments. The Family Law Rules Committee considered three comments on proposed Fla. Fam. L. R. P. 12.040(c)(2) and voted 31 to 0 to amend the proposed rule. In accordance with Rule 2.140(b)(2), the Committee is reporting its action to the Board of Governors.

Background of Rule 12.040(c) The Florida Supreme Court approved Fla. Fam. L. R. P. 12.040 in Amendments to Florida Family Law Rules of Procedure, 883 So. 2d 1285 (Fla. 2004). After approving the rule, the Court asked the Family Law Rules Committee to clarify whether the rule applied to the Department of Revenue. The Family Law Rules Committee intended for the rule to apply to attorneys for the Department of Revenue when they are involved in IV-D proceedings to determine paternity or to establish, enforce, or modify an obligation of support or whenever the Department intervenes in a non-IV-D proceeding. Because of the unique issues raised in IV-D litigation, the Committee proposed Rule 12.040(c)(2).

APPX. E-3

As originally proposed, Rule 12.040(c)(2) provided,

An attorney for the child support enforcement agency who appears in a family law matter governed by these rules shall file a notice explaining the legal relationship between the attorney and the party seeking to establish or enforce payment of support and the limited issues that the attorney is authorized to address in the proceedings.

The proposal was designed to: 1) clarify the legal relationship between the IV-D agency’s attorney and the person who is seeking relief through the IV-D agency; 2) establish the legal status of the person seeking relief through the IV-D agency; and 3) identify the limited issues being addressed in the IV-D proceeding. The Family Law Rules Committee received three comments. General Magistrate Joe Lovelace from the Sixth Circuit wrote in favor of the proposed rule. A copy of his comments is attached to this response. The Department of Revenue objected to the proposed rule and offered suggestions for changing it and the Child Support Enforcement Division of the Attorney General’s Office supported the Department’s comments. The Department’s comments and comments from the Attorney General’s Office are attached. The Committee appreciates the comments and suggestions.

Amended Proposed Rule 12.040(c)(2) After these considering these comments, the Family Law Rules Committee proposes the following amended Rule 12.040(c)(2).

(2) An attorney for the IV-D child support enforcement agency who appears in a family law matter governed by these rules, whether in an initial proceeding or any subsequent modification or enforcement action in the proceeding, shall file a notice in compliance with subdivisions (c)(1) and (e) which shall also state: whether the recipient of IV-D services is a party to the case; any limits on the legal services being performed for the recipient of IV-D services; and any

APPX. E-4

limits on the issues that may be addressed by the attorney during the proceeding.

As required by Rule 2.140(b)(2), the revised proposal is being renoticed in the

November 1, 2007, Florida Bar News and posted on the Bar’s website. Notice of the change is also being provided to the Speaker of the Florida House of Representatives and the President of the Florida Senate.

APPX. F-1

APPENDIX F

APPX F-2

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. 2.1302.140. 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 Nonlawyer; (2) 12.900(b), Notice of Limited Appearance; (3) 12.900(c), Consent to Limited Appearance by Attorney; (4) 12.900(d), Termination of Limited Appearance; (5) 12.900(e), Acknowledgment of Assistance by Attorney; (6) 12.900(f), Signature Block for Attorney Making Limited Appearance; (7) 12.900(g), Agreement Limiting Representation; (8) 12.900(h), Notice of Related Cases; (79) 12.901(a), Petition for Simplified Dissolution of Marriage; (810) 12.902(b), Family Law Financial Affidavit (Short Form); (911) 12.902(c), Family Law Financial Affidavit; (1012)12.902(e), Child Support Guidelines Worksheet; (1113)12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage; (1214)12.910(a), Summons: Personal Service on an Individual;

APPX F-3

(1315)12.913(b), Affidavit of Diligent Search and Inquiry; (16) 12.913(c), Affidavit of Diligent Search; (1417)12.920(a), Motion for Referral to General Magistrate; (1518)12.920(b), Order of Referral to General Magistrate; (1619)12.920(c), Notice of Hearing Before General Magistrate; (1720)12.930(a), Notice of Service of Standard Family Law Interrogatories; (1821)12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings; (1922)12.930(c), Standard Family Law Interrogatories for Modification Proceedings; (2023)12.932, Certificate of Compliance with Mandatory Disclosure; and (2124)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 2.1302.140. 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 In re 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

APPX F-3

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.

APPX F-5

RULE 12.040. ATTORNEYS (a) Limited Appearance. An attorney of record for a party, in a family law matter governed by these rules, shall be the attorney of record throughout the same family law matter, unless at the time of appearance the attorney files a notice, signed by the party, specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appears. (b) Withdrawal or Limiting Appearance. (1) Prior to the completion of a family law matter or prior to the completion of a limited appearance, an attorney of record, with approval of the court, may withdraw or partially withdraw, thereby limiting the scope of the attorney’s original appearance to a particular proceeding or matter. A motion setting forth the reasons must be filed with the court and served upon the client and interested persons. (2) The attorney shall remain attorney of record until such time as the court enters an order, except as set forth in subdivision (c) below. (c) Scope of Representation.

(1) If an attorney appears of record for a particular limited proceeding or matter, as provided by this rule, that attorney shall be deemed “of record” for only that particular proceeding or matter. Any notice of limited appearance filed shall include the name, address, and telephone number of the attorney and the name, address, and telephone number of the party. At the conclusion of such proceeding or matter, the attorney’s role terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance. The notice, which shall be titled “Termination of Limited Appearance,” shall include the names and last known addresses of the person(s) represented by the withdrawing attorney. (2) An attorney for the IV-D child support enforcement agency who appears in a family law matter governed by these rules, whether in an initial proceeding or any subsequent modification or enforcement action in the proceeding, shall file a notice in compliance with subdivisions (c)(1) and (e) which shall also state: whether the recipient of IV-D services is a party to the case, any

APPX F-6

limits on the legal services being performed for the recipient of IV-D services, and any limits on the issues that may be addressed by the attorney during the proceeding. (d) Preparation of Pleadings or Other Documents. A party who files a pleading or other document of record pro se with the assistance of an attorney shall certify that the party has received assistance from an attorney in the preparation of the pleading or other document. The name, address, and telephone number of the party shall appear on all pleadings or other documents filed with the court. (e) Notice of Limited Appearance. Any pleading or other document filed by a limited appearance attorney shall state in bold type on the signature page of that pleading or other document: “Attorney for [Petitioner] [Respondent] [attorney’s address and telephone number] for the limited purpose of [matter or proceeding]” to be followed by the name of the petitioner or respondent represented and the current address and telephone number of that party. (f) Service. During the attorney’s limited appearance, all pleadings or other documents and all notices of hearing shall be served upon both the attorney and the party. If the attorney receives notice of a hearing that is not within the scope of the limited representation, the attorney shall notify the court and the opposing party that the attorney will not attend the court proceeding or hearing because it is outside the scope of the representation.

APPX F-7

RULE 12.310. DEPOSITIONS UPON ORAL EXAMINATION Depositions upon oral examination shall be governed by Florida Rule of Civil Procedure 1.310.

Committee Note

2009 Amendment. The provisions of Fla. R. Civ. P. 1.310(b)(8) do not alter the requirements of Rule 12.407 that a court order must be obtained before deposing a minor child.

APPX F-8

RULE 12.400. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

(a) Closure of Proceedings or Records. Closure of court proceedings or sealing of records may be ordered by the court only as provided by Florida Rule of Judicial Administration 2.0512.420. (b) In Camera Inspections. The court shall conduct an in camera inspection of any records sought to be sealed and consider the contents of the records in determining whether they should be sealed. (c) Conditional Sealing of Financial Information. (1) The court has the authority to conditionally seal the financial information required by rule 12.285 if it is likely that access to the information would subject a party to abuse, such as the use of the information by third parties for purposes unrelated to government or judicial accountability or to first amendment rights. Any such order sealing the financial information is conditional in that the information shall be disclosed to any person who establishes that disclosure of the information is necessary for government or judicial accountability or has a proper first amendment right to the information. (2) Notice of conditional sealing shall be as required by Florida Rule of Judicial Administration 2.051(c)(9)(D)2.420(d).

(3) Upon receipt of a motion to reopen conditionally sealed financial information, the court shall schedule a hearing on the motion with notice provided to the movant and parties.

Commentary 1995 Adoption. Judicial proceedings and records should be public except when substantial compelling circumstances, especially the protection of children or of business trade secrets, require otherwise. Family law matters frequently present such circumstances. It is intended that this rule be applied to protect the interests of minor children from offensive testimony and to protect children in a divorce proceeding.

APPX F-9

2003 Amendment. The adoption of a procedure for conditional sealing of the financial information does not change the burden of proof for closure of filed records of court proceedings set forth in Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1988).

APPX F-10

RULE 12.410. SUBPOENA Subpoenas shall be governed by Florida Rule of Civil Procedure 1.410.

Committee Note

2009 Amendment. The provisions of Fla. R. Civ. P. 1.410(h) do not alter the requirements of Rule 12.407 that a court order must be obtained before a minor child may be subpoenaed to appear at a hearing.

APPX F-11

RULE 12.490. GENERAL MAGISTRATES (a) General Magistrates. Judges of the circuit court may appoint as many general magistrates from among the members of The Florida Bar in the circuit as the judges find necessary, and the general magistrates shall continue in office until removed by the court. The order making an appointment shall be recorded. Every person appointed as a general magistrate shall take the oath required of officers by the constitution and the oath shall be recorded before the magistrate discharges any duties of that office. (b) Reference. (1) No matter shall be heard by a general magistrate 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 magistrate 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 12.920(b), and shall contain the following language in bold type:

APPX F-12

A REFERRAL TO A GENERAL MAGISTRATE 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 MAGISTRATE, 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 PRO-CESS, 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 MAGISTRATE 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 magistrate to whom the matter is referred. The order of referral shall also state whether electronic recording or a court reporter is provided by the court, or whether a court reporter, if desired, must be provided by the litigants. (4) When a reference is made to a general magistrate, any party or the general magistrate may set the action for hearing. (c) General Powers and Duties. Every general magistrate 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, repeat, dating, and sexual violence. A general magistrate 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 magistrates.

APPX F-13

(d) Hearings. (1) The general magistrate 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 magistrate may proceed ex parte or may adjourn the proceeding to a future day, giving notice to the absent party of the adjournment. The general magistrate 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 magistrate to speed the proceedings and to make the report and to certify to the court the reason for any delay. (2) The general magistrate shall take testimony and establish a record which may be by electronic means as provided by Florida Rule of Judicial Administration 2.0702.535(g)(3) or by a court reporter. The parties may not waive this requirement.

(3) The general magistrate 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 magistrate may take all actions concerning evidence that can be taken by the circuit court and in the same manner. The general magistrate shall have the same powers as a circuit judge to utilize communications equipment as defined and regulated by Florida Rule of Judicial Administration 2.0712.530. (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(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 MAGISTRATE, 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

APPX F-14

ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELE-VANT 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 shall also state that any party may provide a court reporter at that party’s expense. (e) General Magistrate’s Report. The general magistrate shall file a report that includes findings of fact and conclusions of law, together with recom-mendations. If a court reporter was present, the report shall contain the name and address of the reporter. (f) Filing Report; Notice; Exceptions. The general magistrate shall file the report and recommendations and serve copies on all parties. The parties may servefile 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 magistrate and all depositions and evidence presented to the general magistrate. (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 magistrate is ordered prepared by the excepting party, that party shall promptly file a notice setting forth the portions of the transcript that

APPX F-15

have been ordered. The responding parties shall be permitted to designate any additional portions of the transcript necessary to the adjudication of the issues raised in the exceptions or cross-exceptions. (3) The cost of the original and all copies of the transcript of the proceedings shall be borne initially by the party seeking review, subject to appropriate assessment of suit monies. Should any portion of the transcript be required as a result of a designation filed by the responding party, the party making the designation shall bear the initial cost of the additional transcript.

Commentary 1995 Adoption. This rule is a modification of Florida Rule of Civil Procedure 1.490. That rule governed the appointment of both general and special masters. The appointment of special masters is now governed by Florida Family Law Rule of Procedure 12.492. This rule is intended to clarify procedures that were required under rule 1.490, and it creates additional procedures. The use of general masters should be implemented only when such use will reduce costs and expedite cases in accordance with Dralus v. Dralus, 627 So. 2d 505 (Fla. 2d DCA 1993), Wrona v. Wrona, 592 So. 2d 694 (Fla. 2d DCA 1991), and Katz v. Katz, 505 So. 2d 25 (Fla. 4th DCA 1987).

Committee Note 2004 Amendment. In accordance with Chapter 2004-11, Laws of Florida, all references to general master were changed to general magistrate.

APPX F-16

RULE 12.491. CHILD SUPPORT ENFORCEMENT (a) Limited Application. This rule shall be effective only when specifically invoked by administrative order of the chief justice for use in a particular county or circuit. (b) Scope. This rule shall apply to proceedings for (1) the establishment, enforcement, or modification of child support, or (2) the enforcement of any support order for the custodial parent in conjunction with an ongoing child support or child support arrearage order, when a party seeking support is receiving services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.) and to non-Title IV-D proceedings upon administrative order of the chief justice. (c) Support Enforcement Hearing Officers. The chief judge of each judicial circuit shall appoint such number of support enforcement hearing officers for the circuit or any county within the circuit as are necessary to expeditiously perform the duties prescribed by this rule. A hearing officer shall be a member of The Florida Bar unless waived by the chief justice and shall serve at the pleasure of the chief judge and a majority of the circuit judges in the circuit. (d) Referral. Upon the filing of a cause of action or other proceeding for the establishment, enforcement, or modification of support to which this rule applies, the court or clerk of the circuit court shall refer such proceedings to a support enforcement hearing officer, pursuant to procedures to be established by administrative order of the chief judge. (e) General Powers and Duties. The support enforcement hearing officer shall be empowered to issue process, administer oaths, require the pro-duction of documents, and conduct hearings for the purpose of taking evidence. A support enforcement hearing officer does not have the authority to hear contested paternity cases. Upon the receipt of a support proceeding, the support enforcement hearing officer shall:

APPX F-17

(1) assign a time and place for an appropriate hearing and give notice to each of the parties as may be required by law; (2) take testimony and establish a record, which record may be by electronic means as provided by Florida Rule of Judicial Administration 2.0702.535(g)(3); (3) accept voluntary acknowledgment of paternity and support liability and stipulated agreements setting the amount of support to be paid; and (4) evaluate the evidence and promptly make a recommended order to the court. Such order shall set forth findings of fact. (f) Entry of Order and Relief from Order. Upon receipt of a recommended order, the court shall review the recommended order and shall enter an order promptly unless good cause appears to amend the order, conduct further proceedings, or refer the matter back to the hearing officer to conduct further pro-ceedings. Any party affected by the order may move to vacate the order by filing a motion to vacate within 10 days from the date of entry. Any party may file a cross-motion to vacate within 5 days of service of a motion to vacate, provided, however, that the filing of a cross-motion to vacate shall not delay the hearing on the motion to vacate unless good cause is shown. A motion to vacate the order shall be heard within 10 days after the movant applies for hearing on the motion. (g) Modification of Order. Any party affected by the order may move to modify the order at any time. (h) Record. For the purpose of hearing on a motion to vacate, a record, substantially in conformity with this rule, shall be provided to the court by the party seeking review. (1) The record shall consist of the court file, including the transcript of the proceedings before the hearing officer, if filed, and all depositions and evidence presented to the hearing officer. (2) The transcript of all relevant proceedings shall be delivered to the judge and provided to opposing counsel not less than 48 hours before the hearing on the motion to vacate. If less than a full transcript of the proceedings

APPX F-18

taken before the hearing officer is ordered prepared by the moving party, that party shall promptly file a notice setting forth the portions of the transcript that have been ordered. The responding party shall be permitted to designate any additional portions of the transcript necessary to the adjudication of the issues raised in the motion to vacate or cross-motion to vacate. (3) The cost of the original and all copies of the transcript of the proceedings shall be borne initially by the party seeking review, subject to appropriate assessment of suit monies. Should any portion of the transcript be required as a result of a designation filed by the responding party, the party making the designation shall bear the initial cost of the additional transcript.

Commentary 1995 Adoption. Previously, this rule was contained in Florida Rule of Civil Procedure 1.491. The new rule is substantially the same as previous rule 1.491, with the following additions. It is intended that any administrative order issued by the chief justice of the Florida Supreme Court under rule 1.491(a) shall remain in full force and effect as though such order was rendered under this rule until changed by order of that same court. Subdivision (e) now makes clear that contested paternity cases are not to be heard by support enforcement hearing officers. Subdivision (h) has been added to provide requirements for a record. The following notes and commentary have been carried forward from rule 1.491. 1988 Adoption. Title: The terminology “hearing officer” is used rather than “master” to avoid confusion or conflict with rule 1.490. Subdivision (a): The rule is intended as a fall back mechanism to be used by the chief justice as the need may arise. Subdivision (b): The expedited process provisions of the applicable federal

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regulations apply only to matters which fall within the purview of Title IV-D. The committee recognizes, however, that the use of hearing officers could provide a useful case flow management tool in non-Title IV-D support proceedings. It is contemplated that a circuit could make application to the chief justice for expansion of the scope of the rule upon a showing of necessity and good cause. It is the position of the representative of the Family Law Section of The Florida Bar that reference of non-Title IV-D proceedings should require the consent of the parties as is required by rule 1.490(c). Subdivision (c): It is the position of the committee that hearing officers should be members of the Bar in that jurisdictional and other legal issues are likely to arise in proceedings of this nature. The waiver provision is directed to small counties in which it may be difficult or impossible to find a lawyer willing to serve and to such other special circumstances as may be determined by the chief justice. Subdivision (d): This paragraph recognizes that the mechanics of reference and operation of a program are best determined at the local level. Subdivision (e): This paragraph is intended to empower the hearing officer to fully carry out his or her responsibilities without becoming overly complicated. The authority to enter defaults which is referred to in the federal regulations is omitted, the committee feeling that the subject matter is fully and adequately covered by rule 1.500. The authority to accept voluntary acknowledgments of paternity is included at the request of the Department of Health and Rehabilitative Services. Findings of fact are included in the recommended order to provide the judge to whom the order is referred basic information relating to the subject matter. Subdivision (f): Expedited process is intended to eliminate or minimize delays which are perceived to exist in the normal processing of cases. This paragraph is intended to require the prompt entry of an order and to guarantee due process to the obligee.

General Note: This proposed rule, in substantially the same form, was circulated to each of the chief judges for comment. Five responses were received. Two responding endorsed the procedure, and 3 responding felt that any rule of this

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kind would be inappropriate. The committee did not address the question of funding, which included not only salaries of hearing officers and support personnel, but also capital outlay for furniture, fixtures, equipment and space, and normal operating costs. The committee recognizes that the operational costs of such programs may be substantial and recommends that this matter be addressed by an appropriate body.

Committee Note 1998 Amendment. This rule shall not apply to proceedings to establish or modify alimony.

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RULE 12.492. SPECIAL MAGISTRATES (a) Special Magistrates. The court may appoint members of The Florida Bar as special magistrates for any particular service required by the court in a family law matter other than those involving domestic, repeat, dating, and sexual violence. The special magistrates shall be governed by all the provisions of law and rules relating to general magistrates except as otherwise provided by this rule. Additionally, they shall not be required to make oath or give bond unless specifically required by the order appointing them. Upon a showing that the appointment is advisable, a person other than a member of The Florida Bar may be appointed. (b) Reference. No reference shall be to a special magistrate without the express prior consent of the parties, except that the court upon good cause shown and without consent of the parties may appoint an attorney as a special magistrate to preside over depositions and rule upon objections. (c) General Powers and Duties. Every special magistrate shall perform all of the duties that pertain to the office according to the practice in chancery and rules of court and under the direction of the court. Hearings before any special magistrate shall be held in the county where the action is pending, but hearings may be held at any place by order of the court within or without the state to meet the convenience of the witnesses or the parties. All grounds for disqualification of a judge shall apply to special magistrates. (d) Bond. When not otherwise provided by law, the court may require special magistrates who are appointed to dispose of real or personal property to give bond and surety conditioned for the proper payment of all moneys that may come into their hands and for the due performance of their duties as the court may direct. The bond shall be made payable to the State of Florida and shall be for the benefit of all persons aggrieved by any act of the special magistrate. (e) Hearings. When a reference is made to a special magistrate, any party or the special magistrate may set the action for hearing. The special magistrate shall assign a time and place for proceedings as soon as reasonably possible after the reference is made and give notice to each of the parties either directly or by requiring counsel to file and serve a notice of hearing. If any party fails to appear, the special magistrate may proceed ex parte or may adjourn the proceeding to a

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future day, giving notice to the absent party of the adjournment. The special magistrate shall proceed with reasonable diligence in every reference and with the least delay practicable. Any party may apply to the court for an order to the special magistrate to speed the proceedings and to make the report and to certify to the court the reason for any delay. Unless otherwise ordered by the court, or agreed to by all parties, all parties shall equally share the cost of the presence of a court reporter at a special magistrate’s proceedings. If all parties waive the presence of a court reporter, they must do so in writing. The special magistrate shall have authority to examine the parties and all witnesses under oath upon all matters contained in the reference and to require production of all books, papers, writings, vouchers, and other documents applicable to it. The special magistrate shall admit evidence by deposition or that is otherwise admissible in court. The special magistrate may take all actions concerning evidence that can be taken by the court and in the same manner. All parties accounting before a special magistrate shall bring in their accounts in the form of accounts payable and receivable, and any other parties who are not satisfied with the account may examine the accounting party orally or by interrogatories or deposition as the special magistrate directs. All depositions and documents that have been taken or used previously in the action may be used before the special magistrate.

(f) Special Magistrate’s Report. The special magistrate shall file a report that includes findings of fact and conclusions of law, together with recom-mendations. In the report made by the special magistrate no part of any statement of facts, account, charge, deposition, examination, or answer used before the special magistrate need be recited. The matters shall be identified to inform the court what items were used. The report shall include the name and address of the court reporter present, if any. (g) Filing Report; Notice; Exceptions. The special magistrate shall file the report and recommendations and serve copies on the parties. The parties may servefile exceptions to the report within 10 days from the time it is served on them. If no exceptions are filed within that period, the court shall take appropriate action on the report. Any party may file cross-exceptions within 5 days from the servicefiling of the exceptions, provided, however, that the filing of cross-exceptions shall not delay the hearing on the exceptions unless good cause is shown. If exceptions are filed, they shall be heard on reasonable notice by either party. The party seeking to have exceptions heard shall be responsible for the preparation of the transcript of proceedings before the special magistrate.

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(h) Expenses of Special Magistrate. The costs of a special magistrate may be assessed as any other suit money in family proceedings and all or part of it may be ordered prepaid by order of the court.

Commentary 1995 Adoption. Originally, both general and special masters were governed under Florida Rule of Civil Procedure 1.490. General and special masters are now governed under Florida Family Law Rules of Procedure 12.490 and 12.492, respectively. The requirements for appointing special masters are essentially the same as under the previous rule; but this rule eliminates the need for consent for the court to appoint an attorney/special master to preside over depositions and rule on objections. It also provides for the assessment of suit monies and allows for the filing of cross-exceptions.

Committee Note 2004 Amendment. In accordance with Chapter 2004-11, Laws of Florida, all references to special master were changed to special magistrate.

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RULE 12.610. INJUNCTIONS FOR DOMESTIC, REPEAT, DATING, AND SEXUAL 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, dating violence, or sexual 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 as provided by law. (B) Repeat Violence. Any person may file a petition for an injunction for protection against repeat violence as provided by law. (C) Dating Violence. Any person may file a petition for an injunction for protection against dating violence as provided by law. (D) Sexual Violence. Any person may file a petition for an injunction for protection against sexual violence as provided by law. (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 and Enforcement 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, Dating Violence, and Sexual Violence. Personal service by a law enforcement agency is required. The clerk of

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the court shall furnish a copy of the petition for an injunction for protection against repeat violence, dating violence, or sexual 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, repeat, dating, or sexual 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 pendency 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, repeat, dating, or sexual 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 other-wise be heard in person on any petition consistent with these rules. (4) Forms. (A) Provision of Forms. The clerk of the court or family or domestic/repeat/dating/sexual 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, repeat, dating, or sexual 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 2.0512.420. (c) Orders of Injunction.

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(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, repeat, dating, or sexual 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 for a determination of whether there is an imminent danger that the petitioner will become a victim of domestic, repeat, dating, or sexual violence. If the respondent appears at the hearing or has received reasonable notice of the hearing, the court may hold a hearing on the petition. If a verified petition and affidavit are amended, the court shall consider the amendments as if originally filed. (B) Final Judgment of Injunction for Protection Against Repeat, Dating, or Sexual Violence. A hearing shall be conducted. (C) Final Judgment of Injunction for Protection Against Domestic Violence. The court shall conduct a hearing and make a finding of whether domestic violence occurred or whether imminent danger of domestic violence exists. If the court determines that an injunction will be issued, the court shall also rule on the following: (i) whether the respondent may have any contact with the petitioner, and if so, under what conditions; (ii) exclusive use of the parties’ shared residence; (iii) temporary custody of minor children; (iv) whether temporary visitation will occur and whether it will be supervised; (v) whether temporary child support will be ordered;

(vi) whether temporary spousal support will be ordered; and (vii) such other relief as the court deems necessary for

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the protection of the petitioner. The court, with the consent of the parties, may refer the parties to mediation by a certified family mediator to attempt to resolve the details as to the above rulings. This mediation shall be the only alternative dispute resolution process offered by the court. Any agreement reached by the parties through mediation shall be reviewed by the court and, if approved, incorporated into the final judgment. If no agreement is reached the matters referred shall be returned to the court for appropriate rulings. Regardless of whether all issues are resolved in mediation, an injunction for protection against domestic violence shall be entered or extended the same day as the hearing on the petition commences. (2) Issuing of Injunction. (A) Standardized Forms. The temporary and permanent injunction forms approved by the Florida Supreme Court for domestic, repeat, dating, and sexual 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 chair of the Family Law Rules Committee of The Florida Bar, the chair of the Steering Committee on Families and Children in the Court, and the chair of The Governor’s Task Force on Domestic and Sexual Vio-lence. (B) Bond. No bond shall be required by the court for the entry of an injunction for protection against domestic, repeat, dating, or sexual 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, repeat, dating, or sexual violence must be personally served. When the respondent has been served previously with the temporary

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injunction and has failed to appear at the initial hearing on the temporary injunction, any subsequent pleadings seeking an extension of time may be served on the respondent by the clerk of the court by certified mail in lieu of personal service by a law enforcement officer. If the temporary injunction was issued after a hearing because the respondent was present at the hearing or had reasonable notice of the hearing, the injunction may be served in the manner provided for a permanent injunction. (B) Permanent Injunction. (i) Party Present at Hearing. The parties may acknowledge receipt of the permanent injunction for protection against domestic, repeat, dating, or sexual 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, repeat, dating, or sexual violence. (ii) Party not Present at Hearing. Within 24 hours after the court issues, continues, modifies, or vacates an injunction for protection against domestic, repeat, dating, or sexual 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

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cause, including failure to obtain service. (B) Permanent Injunction. Any relief granted by an injunction for protection against domestic, repeat, dating, or sexual 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, repeat, dating, or sexual 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 (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/dating/sexual violence intake personnel shall provide simplified forms including instructions for completion, for the persons whose circumstances meet the requirements of this rule and shall assist in the preparation of the affidavit in support of the violation of an order of injunction for protection against domestic, repeat, dating, or sexual violence.

Commentary 2003 Amendment. This rule was amended to emphasize the importance of judicial involvement in resolving injunction for protection against domestic violence cases and to establish protections if mediation is used. In performing case management, court staff may interview the parties separately to identify and clarify

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their positions. Court staff may present this information to the court along with a proposed order for the court’s consideration in the hearing required by subdivision (b). The first sentence of (c)(1)(C) contemplates that an injunction will not be entered unless there is a finding that domestic violence occurred or that there is imminent danger of domestic violence. Subdivision (c)(1)(C) also enumerates certain rulings that a judge must make after deciding to issue an injunction and before referring parties to mediation. This is intended to ensure that issues involving safety are decided by the judge and not left to the parties to resolve. The list is not meant to be exhaustive, as indicated by subdivision (c)(1)(C)(vii), which provides for “other relief,” such as retrieval of personal property and referrals to batterers’ intervention programs. The prohibition against use of any “alternative dispute resolution” other than mediation is intended to preclude any court-based process that encourages or facilitates, through mediation or negotiation, agreement as to one or more issues, but does not preclude the parties through their attorneys from presenting agreements to the court. All agreements must be consistent with this rule regarding findings. Prior to ordering the parties to mediate, the court should consider risk factors in the case and the suitability of the case for mediation. The court should not refer the case to mediation if there has been a high degree of past violence, a potential for future lethality exists, or there are other factors which would compromise the mediation process. 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 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 sections 741.30(5)–(6).

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The facts and circumstances to be alleged under subdivision (b)(1)(B) include those set forth in Florida Supreme Court Approved Family Law Form 12.980(g). The relief the court may grant in a temporary or permanent injunction against repeat violence is set forth in section 784.046(7), Florida Statutes. Subdivision (b)(4) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist the petitioner may be assigned not only to the clerk of court but also to the appropriate intake unit of the court. Florida 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 and Enforcement Act affidavit must be provided and completed in conformity with Florida Supreme Court Approved Family Law Form 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 12.902(b) or 12.902(c). Subdivision (c)(1)(A) expands chapter 95-195, Laws of Florida, and section 784.046(6)(b), 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(8)(a)1 and (8)(c)1 and 784.046(8)(a)1, Florida Statutes. Subdivision (c)(3)(B) makes the procedure for service of a permanent order of injunction for protection against domestic violence and repeat violence consistent. This is intended to replace the differing requirements contained in sections 741.30(8)(a)3 and (8)(c)1 and 784.046(8)(c)1, Florida Statutes, and to specifically clarify that service of the permanent injunction by mail is only

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effective upon a party who is present at the hearing which resulted in the issuance of the injunction. Subdivision (c)(4)(A) restates sections 741.30(5)(c) and 784.046(6)(c), Florida Statutes, with some expansion. This subdivision allows the court upon its own motion to extend the protection of the temporary injunction for protection against domestic or repeat violence for good cause shown, which shall include, but not be limited to, failure to obtain service. This subdivision also makes the procedures in cases of domestic and repeat violence identical, resolving the inconsistencies in the statutes.

Subdivision (c)(4)(B) makes the procedures in cases of domestic and repeat violence identical, resolving inconsistencies in the statutes. As stated in section 741.30(1)(c), Florida Statutes, in the event a subsequent cause of action is filed under chapter 61, Florida Statutes, any orders entered therein shall take precedence over any inconsistent provisions of an injunction for protection against domestic violence which addresses matters governed by chapter 61, Florida Statutes. Subdivision (c)(5) implements a number of statutes governing enforcement of injunctions against domestic or repeat violence. It is intended by these rules that procedures in cases of domestic and repeat violence be identical to resolve inconsistencies in the statutes. As such, the procedures set out in section 741.31(1), Florida Statutes, are to be followed for violations of injunctions for protection of both domestic and repeat violence. Pursuant to that statute, the petitioner may contact the clerk of the circuit court of the county in which the violation is alleged to have occurred to obtain information regarding enforcement. Subdivision (c)(7) expands sections 741.30(2)(c)1 and (2)(c)2, Florida Statutes, to provide that the responsibility to assist a petitioner may not only be assigned to the clerk of court but also to the appropriate intake unit of the court. This subdivision makes the procedures in 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

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special provisions not inconsistent with the mandatory portions.

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RULE 12.650. OVERRIDE OF FAMILY VIOLENCE INDICATOR (a) Application. This rule shall apply only to proceedings instituted pursuant to 42 U.S.C. § 653, which authorizes a state court to override a family violence indicator and release information from the Federal Parent Locator Service notwithstanding the family violence indicator.

(b) Definitions. (1) “Authorized person” means a person as defined in 42 U.S.C. § 653(c) and § 663(d)(2). It includes any agent or attorney of the Title IV-D agency of this or any other state, the court that has authority to issue an order or to serve as the initiating court in an action to seek an order against a noncustodial parent for the support and maintenance of a child, or any agent of such court, the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving assistance under 42 U.S.C. §§ 601 et seq.), and any state agency that administers a child welfare, family preservation, or foster care program. It also includes any agent or attorney of this or any other state who has the duty or authority under the law of such state to enforce a child custody or visitation determination; the court that has jurisdiction to make or enforce such a child custody or visitation deter-mination, or any agent of such court; and any agent or attorney of the United States, or of a state, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child. (2) “Authorized purpose” means a purpose as defined in 42 U.S.C. § 653(a)(2) and § 663(b). It includes establishing parentage, establishing, setting the amount of, modifying, or enforcing child support obligations, or making or enforcing child custody or visitation orders. It also includes enforcing any state or federal law with respect to the unlawful taking or restraint of a child. (3) “Department” means the Florida Department of Revenue as the state’s Title IV-D agency. (4) “Family violence indicator” means a notation in the Federal Parent Locator Service that has been placed on a record when a state has reasonable evidence of domestic violence or child abuse as defined by that state. (5) “Federal Parent Locator Service” means the information service

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established by 42 U.S.C. § 653. (6) “Petitioner” means an authorized person or an individual on whose behalf an authorized person has requested a Federal Parent Locator Service search and who has been notified that the information from the Federal Parent Locator Service cannot be released because of a family violence indicator. (7) “Respondent” means the individual whose record at the Federal Parent Locator Service includes a family violence indicator and ordinarily does not want his or her location information disclosed. The department, the Florida Department of Law Enforcement, or the state entity that placed the family violence indicator on the record may be required to respond to an order to show cause; however, they are not considered respondents in these proceedings. (c) Initiating Proceedings. When an authorized person has attempted to obtain information from the Federal Parent Locator Service and has been notified by the Federal Parent Locator Service that it has location information but cannot disclose the information because a family violence indicator has been placed on the record, a petitioner may institute an action to override the family violence indicator. An action is instituted by filing a sworn complaint in the circuit court. The complaint must: (1) allege that the petitioner is an authorized person or an authorized person has requested information on his or her behalf from the Federal Parent Locator Service and must include the factual basis for the allegation; (2) allege that the petitioner is requesting the information for an authorized purpose and state the purpose for which the information is sought; (3) include the social security number, sex, race, current address, and date of birth of the petitioner and any alias or prior name used by the petitioner; (4) include the social security number and date of birth of the respondent and any children in common between the petitioner and the respondent, if known; (5) disclose any prior litigation between the petitioner and the

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respondent, if known; (6) disclose whether the petitioner has been arrested for any felony or misdemeanor in this or any other state and the disposition of the arrest; and (7) include notice from the Federal Parent Locator Service that location information on the respondent cannot be released because of a family violence indicator. (d) Initial Court Review. When a complaint is filed, the court shall review the complaint ex parte for legal sufficiency to determine that it is from an authorized person or an individual on whose behalf an authorized person requested information from the Federal Parent Locator Service, is for an authorized purpose, and includes the information required in subdivision (c). If the complaint is legally sufficient, the court shall order the department to request the information from the Federal Parent Locator Service and order the department to keep any information received from the Federal Parent Locator Service in its original sealed envelope and provide it to the court within 45 days in the manner described in subdivision (e). (e) Receipt of Information. When sealed information from the Federal Parent Locator Service is obtained, the department shall file the information with the court. The information from the Federal Parent Locator Service shall remain in its original sealed envelope and the outside of the envelope shall be clearly labeled with the case number and the words “sealed information from Federal Parent Locator Service.” The clerk of the court shall ensure that the sealed information from the Federal Parent Locator Service is not disclosed to any person other than those specifically authorized by the court. Court files in these proceedings shall be separately secured in the Clerk’s office in accordance with the requirements of subdivision (i). (f) Review of Information by the Court. The court shall conduct an in-camera examination of the contents of the sealed envelope from the Federal Parent Locator Service. (1) If the information from the sealed envelope does not include an address for the respondent or an address for the respondent’s employer, the petitioner and the department will be notified that no information is available and

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no further action will be taken. The name of the state that placed the family violence indicator on the record will not be released. (2) If the information from the sealed envelope includes an address for the respondent or the respondent’s employer, the court shall issue an order to show cause to the respondent, the department, the Florida Department of Law Enforcement (FDLE), and the state entity that placed the family violence indicator on the record. The order to show cause shall (A) give the respondent at least 45 days to show cause why the location information should not be released to the petitioner; (B) clearly state that the failure to respond may result in disclosure of the respondent’s location information; (C) direct the parties to file with the court all documentary evidence which supports their respective positions, including any prior court orders; (D) direct the department to search its child support enforcement statewide automated system and case file for the presence of a Florida family violence indicator, for any other information in that system or file that is relevant to the issue of whether release of the respondent’s location information to the petitioner could be harmful to the respondent or the child, and whether an application for good cause under section 414.32, Florida Statutes, is pending or has been granted and if so, file documentation with the court within 30 days;

(E) unless the FDLE is the petitioner, direct the FDLE to conduct a search of its Florida criminal history records on the petitioner, including information from the Domestic and Repeat Violence Injunction Statewide Verification system, and file it with the court within 30 days; and (F) set a hearing date within 60 days. (3) The order to show cause shall be served as follows: (A) By regular mail and by certified mail, return receipt requested, to the respondent. If a receipt is not returned or a responsive pleading is

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not filed, the court may extend the time for response and provide for personal service on the respondent. The petitioner also may request that the respondent be initially served by personal service, and if so, the petitioner shall pay into the registry of the court the cost of effecting personal service. (B) By certified mail, return receipt requested, to the department, the FDLE, and the state entity that placed the family violence indicator on the record. (C) A copy of the order to show cause shall be provided to the petitioner. However, the copy shall not include any information that may identify the respondent’s location, including but not limited to the name or address of the state entity that placed the family violence indicator on the record. (g) Providing Information to Court. (1) Information from Department. The department shall submit the information it obtains in response to the order to show cause by filing the information with the court in a sealed envelope. The outside of the envelope shall be clearly labeled with the case number and the words “sealed information from the Department of Revenue.” Any information that may reveal the location of the respondent should be distinctly noted so that this information is not inadvertently disclosed. (2) Information from FDLE. When it has searched its records in response to the order to show cause, the FDLE shall file a report with the court. The report shall include the case number and results of the search of its records. (h) Hearing on Order to Show Cause. (1) At the hearing on the order to show cause, the court shall determine whether release of the respondent’s location information to the petitioner could be harmful to the parent or the child. The petitioner has the burden of proof to show that release of information to the petitioner would not be harmful to the parent or the child. (A) If the court finds that release of the location information could be harmful, the information shall not be released and the petition shall be

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denied. (B) If the court finds that release of the location information would not be harmful, the court shall disclose the location information to the peti-tioner. The disclosure of the location information shall be made only to the petitioner, and the court shall require that the petitioner not disclose the information to other persons. The disclosure of location information to the petitioner in these proceedings does not entitle the petitioner to future disclosure of the respondent’s location information. (C) The court may deny the request for location information if the respondent agrees to designate a third party for service of process for proceedings between the parties. (2) Notwithstanding the provisions of Florida Rule of Judicial Administration 2.0712.530, the court may conduct a hearing on the order to show cause by means of communications equipment without consent of the parties and without a limitation on the time of the hearing. The communications equipment shall be configured to ensure that the location of the respondent is not disclosed. (i) Confidentiality. The clerk of the court shall ensure that all court records in these proceedings are protected according to the requirements of this rule. Court records in these proceedings shall be segregated and secured so that information is not disclosed inadvertently from the court file. All court records in these proceedings are confidential and are not available for public inspection until the court issues a final judgment in the case. After the court issues a final judgment in the case, the location information from the Federal Parent Locator Service and any other information that may lead to disclosure of the respondent’s location, including but not limited to the respondent’s address, employment information, the name or address of the state that placed the family violence indicator on the record, and the telephone number of the respondent, shall remain confidential and not available for public inspection unless otherwise ordered by the court. After the court issues a final judgment in the case, the court shall release nonconfidential information upon motion.

Commentary This rule implements the requirements of 42 U.S.C. § 653, providing for a

APPX F-40

state court to override a family violence indicator on a record at the Federal Parent Locator Service. It does not apply to any other proceeding involving family violence or any other court records. The limitations on access to the Federal Parent Locator Service and this override process are governed by federal law. Proceedings under this rule would arise when an authorized person has attempted to obtain information from the Federal Parent Locator Service but has been notified that the information cannot be released because of a family violence indicator. For example, a petitioner may be a noncustodial parent who has attempted to serve the custodial parent in an action to enforce visitation but was unable to effect service of process on the custodial parent. The court may have authorized access to the Federal Parent Locator Service in order to locate the custodial parent for purposes of service of process. If the report from the Federal Parent Locator Service indicates that the information cannot be released because of a family violence indicator, the noncustodial parent would be authorized to petition the court pursuant to this rule to override the family violence indicator. The purpose of these proceedings is to determine whether to release location information from the Federal Parent Locator Service notwithstanding the family violence indicator. The court must determine whether release of the location information to the petitioner would be harmful to the respondent. If the court determines that release of the location information would not be harmful, the information may be released to the petitioner. If the respondent agrees to designate a third party for service of process, the court may deny the request for location information. In these circumstances, the designation of a third party for service of process is procedural only and does not provide a separate basis for jurisdiction over the respondent. The court must use care to ensure that information from the Federal Parent Locator Service or other location information in the court record is not inadvertently released to the petitioner, thus defeating any interest of the respondent in maintaining nondisclosure. The name of the state that placed the family violence indicator on the record may assist the petitioner in obtaining access to the respondent. If the name of the state that placed the family violence indicator on the record is supplied from the Federal Parent Locator Service, but an address for the respondent is not provided, the court should not release the name of the state to the petitioner. Disclosure of

APPX F-41

this information could assist the petitioner in locating the respondent, may place the respondent in danger, and does not give the respondent an opportunity to be heard by the court prior to release of the information. Because the interest of the respondent is to keep location information from the petitioner, having both the petitioner and respondent appear at a hearing at the same time may also result in the petitioner obtaining location information about the respondent. If a hearing must be held where both the petitioner and respondent are present, the court should use whatever security measures are available to prevent inadvertent disclosure of the respondent’s location information. Each state establishes its own criteria, consistent with federal law, for placing a family violence indicator on a record. Some states require a judicial determination of domestic violence or child abuse before a family violence indicator is placed on a record. The criteria for a family violence indicator in Florida are in section 61.1825, Florida Statutes. The records in these proceedings are confidential under 42 U.S.C. §§ 653 and 654. Florida Rule of Judicial Administration 2.051 also exempts from public disclosure any records made confidential by federal law.

APPX F-42

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 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) Florida 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;

APPX F-43

(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;

APPX F-44

(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; (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

APPX F-45

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

APPX F-46

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.

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 PROGRAMA DE AYUDA PROPIA NO ESTA ACTUANDO COMO SU ABOGADO NI LE ESTA DANDO CONSEJOS LEGALES.

ESTE PERSONAL NO REPRESENTA 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 REPARACION QUE USTED PIDE EN ESTA FORMA.

EL PERSONAL DE ESTE PROGRAMA DE AYUDA PROPIA NO LE PUEDE DECIR CUALES SON SUS DERECHOS NI SOLUCIONES LEGALES, NO PUEDE REPRESENTARLO EN CORTE, NI DECIRLE

APPX F-47

COMO TESTIFICAR EN CORTE.

SERVICIOS DE AYUDA PROPIA ESTAN DISPONIBLES A TODAS LAS PERSONAS QUE SON O SERAN PARTES DE UN CASO FAMILIAR.

LA INFORMACION QUE USTED DA Y RECIBE DE ESTE PERSONAL NO ES CONFIDENCIAL Y PUEDE SER DESCUBIERTA MAS ADELANTE. SI OTRA PERSONA ENVUELTA EN SU CASO PIDE AYUDA DE ESTE PROGRAMA, ELLOS RECIBIRAN EL MISMO TIPO DE ASISTENCIA QUE USTED RECIBE.

EN TODOS LOS CASOS, ES MEJOR CONSULTAR CON SU PROPIO ABOGADO, ESPECIALMENTE SI SU CASO TRATA DE TEMAS RESPECTO A NINOS, MANTENIMIENTO ECONOMICO DE NINOS, MANUTENCION MATRIMONIAL, RETIRO O BENEFICIOS DE PENSION, ACTIVOS U OBLIGACIONES.

YO PUEDO LEER ESPANOL. YO NO PUEDO LEER ESPANOL. ESTE AVISO FUE LEIDO A MI POR {NOMBRE}________________________ EN {IDIOMA} _______________.

___________________________ 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 nonlawyer’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.

APPX F-48

(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 Florida Rule of Judicial Administration 2.0512.420. (m) Domestic, Repeat, Dating, and Sexual Violence Exclusion. Nothing in this rule shall restrict services provided by the clerk of the court or family or domestic/repeat/dating/sexual 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 combina-tion 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.

APPX F-49

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 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.

Instructions for Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation (01/09)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(g), AGREEMENT LIMITING REPRESENTATION

When should this form be used?

This form should be used as a “rider” or supplemental agreement, in addition to an Attorney-Client fee agreement, between the attorney and client when the attorney is making a limited appearance under Rules Regulating Florida Bar 4-1.2(c), 4-4.2(b), and 4-4.3(b) and Florida Family Law Rule of Procedure 12.040. A limited appearance means the attorney is not handling the whole case for the client, but is only being retained to do a specific part of the case.

Where can I look for more information? See Rules Reg. Fla. Bar 4-1.2(c), 4-4.2(b), and 4-4.3(b) and Fla.Fam.L.R.P. 12.040.

AGREEMENT LIMITING REPRESENTATION

(This agreement is supplemental to the Attorney-Client fee agreement and is limited to addressing the consequences of Limited Legal Representation by an attorney in Florida)

TO THE CLIENT: THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY AND MAKE CERTAIN THAT YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS. YOU MAY TAKE THIS CONTRACT HOME WITH YOU, REVIEW IT WITH ANOTHER ATTORNEY IF YOU WISH, AND ASK ANY QUESTIONS YOU MAY HAVE BEFORE SIGNING. EMPLOYMENT OF AN ATTORNEY FOR LIMITED REPRESENTATION REQUIRES THAT THE ATTORNEY AND CLIENT CAREFULLY AND THOROUGHLY REVIEW THE DUTIES AND RESPONSIBILITIES EACH WILL ASSUME. ANY LIMITED REPRESENTATION AGREEMENT SHOULD DESCRIBE, IN DETAIL, THE ATTORNEY’S DUTIES IN THE CLIENT’S INDIVIDUAL CASE. 1. SERVICES/LIMITED SCOPE OF REPRESENTATION: Client, {name} , employs Attorney, {name} to provide representation only in the limited matter(s) described as follows: 2. COMPLIANCE WITH CHAPTER 4 OF THE RULES REGULATING THE FLORIDA BAR: Although legal assistance is limited, an attorney-client relationship exists, and the client is entitled to the standards of professional responsibility established by Chapter 4 of the Rules Regulating the Florida Bar, including confidentiality, competence, and diligence. 3. COMPLIANCE WITH FLORIDA FAMILY LAW RULE OF PROCEDURE 12.040: An Attorney hired to provide limited representation in court must comply with Florida Family Law Rule of Procedure 12.040, as follows:

a. The attorney will file with the court a Notice of Limited Appearance, Florida Family Law Rules of Procedure Form 12.900(b), signed by the client, specifically limiting the attorney's appearance to the particular proceeding or matter in which the attorney appears.

b. If the attorney seeks to withdraw from representation before the conclusion of a limited appearance, the attorney must: (1) File a motion with the court setting forth the reasons and serve that motion on the client and interested persons, and (2) Obtain approval of the court.

c. At the conclusion of the proceeding or matter, the attorney’s role terminates without the necessity of leave of court, on the attorney filing Termination of Limited Appearance, Florida Family Law Rules of Procedure Form 12.900(d). The notice shall include the names and last known addresses of the person(s) represented by the withdrawing attorney.

d. THE CLIENT IS ADVISED THAT ANY OBJECTION TO THE ATTORNEY’S “TERMINATION OF LIMITED APPEARANCE” MUST BE MADE IN WRITING BY THE CLIENT BY PROVIDING THE JUDGE, THE ATTORNEY, AND EACH OTHER INTERESTED PERSON (OR THEIR ATTORNEY) A COPY AND FILING THE ORIGINAL WITH THE CLERK OF COURT.

Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation (01/09)

4. ADDITIONAL SERVICES/REPRESENTATION: The attorney and client may later determine that the attorney should provide additional limited services or assume full representation. The attorney may decline to provide additional services.

a. If the attorney agrees to provide additional services, those additional services should be specifically listed in an amendment to this agreement, signed and dated by both the attorney and the client.

b. If the attorney and client agree that the attorney shall serve as the client's attorney of record on all matters related to handling the client’s case, the client and the attorney should indicate that agreement in an amendment to this agreement, signed and dated by both the attorney and the client.

c. In either case, additional compliance with the notice requirement of Rule 12.040 will be required by the attorney.

d. THE ATTORNEY AND THE CLIENT SHOULD NOT RELY ON VERBAL DISCUSSIONS OR VERBAL AGREEMENTS WHEN CHANGING THE TERMS OF THE ATTORNEY’S RESPONSIBILITY FOR REPRESENTATION. 5. ATTORNEYS’ FEES AND COURT COSTS: The attorney and the client have made a separate agreement in writing as to payment of attorneys’ fees and all costs associated with the case and the attorney’s representation. BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE FOREGOING TERMS, AND YOU INTEND TO BE LEGALLY BOUND BY THEM. Attorney Client Name: Name: Address: Address: City, State, Zip City, State, Zip Telephone Number: Telephone Number: Florida Bar Number: Date: Date: I HAVE BEEN PROVIDED A FULLY EXECUTED COPY OF THIS AGREEMENT LIMITING REPRESENTATION _______________________________ Client

Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation (01/09)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(h), NOTICE OF RELATED CASES

When should this form be used?

Florida Rule of Judicial Administration 2.545(d) requires the petitioner in a family law case to file with the court a notice of related cases, if any. Your circuit may also require this form to be filed even if there are no related cases. A case is considered related if • it involves the same parties, children, or issues and is pending when the family law

case is filed; or • it affects the court’s jurisdiction to proceed; or • an order in the related case may conflict with an order on the same issues in the new

case; or • an order in the new case may conflict with an order in the earlier case. This form is used to provide the required notice to the court. This form should be typed or printed in black ink. It must be filed with the clerk of the circuit court with the initial pleading in the family law case.

What should I do next?

A copy of the form must be served on the presiding judges and either the chief judge or the family law administrative judge. You should also keep a copy for your records.

Where can I look for more information?

See Florida Rule of Judicial Administration 2.545(d).

Special notes . . . Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms must also put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions for Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (01/09)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: Division:

, Petitioner,

and , Respondent.

NOTICE OF RELATED CASES 1. Petitioner submits this Notice of Related Cases as required by Florida Rule of Judicial Administration 2.545(d). A related case may be an open or closed civil, criminal, guardianship, domestic violence, juvenile delinquency, juvenile dependency, or domestic relations case. A case is “related” to this family law case if it involves any of the same parties, children, or issues and it is pending at the time the party files a family case; if it affects the court’s jurisdiction to proceed; if an order in the related case may conflict with an order on the same issues in the new case; or if an order in the new case may conflict with an order in the earlier litigation. [ √ one only] There are no related cases. The following are the related cases (add additional pages if necessary): Related Case No. 1 Case Name(s) : Petitioner Respondent Case No.: Division: Type of Proceeding: [ √ all that apply] Dissolution of Marriage Paternity Custody Adoption Child Support Modification/Enforcement/Contempt Proceedings Juvenile Dependency Juvenile Delinquency Termination of Parental Rights Criminal Domestic/Sexual/Dating/Repeat Other {specify}_______________________ Violence Injunctions Mental Health State where case was decided or is pending: Florida Other: {specify} Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida):_ __________________ Title of last Court Order/Judgment (if any): Date of Court Order/Judgment (if any): Relationship of cases [√ all that apply]:

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (01/09)

pending case involves same parties, children, or issues; may affect court’s jurisdiction; order in related case may conflict with an order in this case; order in this case may conflict with previous order in related case. Statement as to the relationship of the cases: Related Case No. 2 Case Name(s): Petitioner: Respondent: Case No.: Division: Type of Proceeding: [ √ all that apply] Dissolution of Marriage Paternity Custody Adoption Child Support Modification/Enforcement/Contempt Proceedings Juvenile Dependency Juvenile Delinquency Termination of Parental Rights Criminal Domestic/Sexual/Dating/Repeat Other {specify}______________________ Violence Injunctions Mental Health State where case was decided or is pending: Florida Other: {specify} Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida): _ __________________ Title of last Court Order/Judgment (if any): Date of Court Order/Judgment (if any): Relationship of cases [√ all that apply]: pending case involves same parties, children, or issues; may affect court’s jurisdiction; order in related case may conflict with an order in this case; order in this case may conflict with previous order in related case. Statement as to the relationship of the cases: Related Case No. 3 Case Name(s): Petitioner: Respondent: Case No.: Division: Type of Proceeding: [ √ all that apply] Dissolution of Marriage Paternity Custody Adoption Child Support Modification/Enforcement/Contempt Proceedings Juvenile Dependency Juvenile Delinquency Termination of Parental Rights Criminal Domestic/Sexual/Dating/Repeat Other {specify}_______________________

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (01/09)

Violence Injunctions Mental Health State where case was decided or is pending: Florida Other: {specify} Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida):_ ______________ Title of last Court Order/Judgment (if any): Date of Court Order/Judgment (if any): Relationship of cases [√ all that apply]: pending case involves same parties, children, or issues; may affect court’s jurisdiction; order in related case may conflict with an order in this case; order in this case may conflict with previous order in related case. Statement as to the relationship of the cases: 2. [ √ one only] I do not request coordination of litigation in any of the cases listed above. I do request coordination of the following cases:____________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. [ √ all that apply] Assignment to one judge Coordination of existing cases will conserve judicial resources and promote an efficient determination of these cases because:________________________________________________________________. 4. The Petitioner acknowledges a continuing duty to inform the court of any cases in this or any other state that could affect the current proceeding. Dated: ____________________________________ Petitioner’s Signature

Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:

CERTIFICATE OF SERVICE

I CERTIFY that I delivered a copy of this Notice of Related Cases to the ____________ County Sheriff’s Department or a certified process server for service on the Respondent, and [√ one only] ( ) mailed ( ) hand delivered a copy to ( ) {name}________________________________, who is the [ √ all that apply] ( ) judge assigned to new case}, ( ) chief judge or family law administrative judge, ( ) {name}______________ ______________, a party to the related case, ( ) {name} ____________________________, a party to the related case on {date} _________________.

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (01/09)

____________________________________ Petitioner/Attorney for Petitioner IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the Petitioner, fill out this form.

Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (01/09)

Instructions for Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.930(c),

STANDARD FAMILY LAW INTERROGATORIES FOR MODIFICATION PROCEEDINGS

When should this form be used?

This form should be used to ask the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. If the other party fails to answer the questions, you may ask the judge to order the other party to answer the questions. (You cannot ask these questions before the petition has been filed.)

The questions in this form should be used in modification proceedings and are meant to supplement the information provided in the Financial Affidavits, _ Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should read all of the questions in this form to determine which questions, if any, the other party needs to answer in order to provide you with information not covered in the financial affidavit forms. If there are questions to which you already know the answer, you may choose not to ask them.

This form should be typed or printed in black ink. You must complete the box at the beginning of this form to indicate which questions you are requesting that the other party answer. You should send two copies of this form and the Notice of Service of Standard Family Law Interrogatories, _ Florida Family Law Rules of Procedure Form 12.930(a), to the other party. You should also keep a copy for your records. You do not need to file this form with the clerk of the circuit court. However, you must file the Notice of Service of Standard Family Law Interrogatories, _ Florida Family Law Rules of Procedure Form 12.930(a), to tell the court that you have sent this form to the other party.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see the instructions for Notice of Service of Standard Family Law Interrogatories, _ Florida Family Law Rules of Procedure Form 12.930(a), rules 12.280, 12.285, 12.340, and 12.380, Florida Family Law Rules of Procedure and rules 1.280, 1.340, and 1.380, Florida Rules of Civil Procedure.

Special notes...

In addition to the standard questions in this form, you may ask up to 10 additional questions. You should type or print your additional questions on a separate sheet of paper and attach it to this form. If you want to ask more than 10 additional questions, you will need to get permission from the judge.

You may want to inform the other party of the following information: As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and mail (have postmarked) the answers to you. His or her answers shall be written in the blank space provided after each separately numbered interrogatory. If sufficient space is not provided, the answering party may attach additional papers with the answers and refer to them in the space provided in the interrogatories. He or she should be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits. The original of the answers to the interrogatories is to be provided to the requesting party. Do not file the original or a copy with the clerk of the circuit court except as provided by Florida Rule of Civil Procedure 1.340(e). The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either

Instructions for Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

answer or object to the questions within 30 days, he or she may be subject to court sanctions.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, _ Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: Division:

, Petitioner

and

,

Respondent.

STANDARD FAMILY LAW INTERROGATORIES FOR MODIFICATION PROCEEDINGS

TO BE COMPLETED BY THE PARTY SERVING THESE INTERROGATORIES

I am requesting that the following standard questions be answered: [ √ all that apply]

1 2 3 4 5 6 7 Background Education Employment Assets Liabilities Miscellaneous Long Form Information Affidavit In addition, I am requesting that the attached {#} questions be answered.

The answers to the following questions are intended to supplement the information provided in the Financial Affidavits, _ Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should answer the group of questions indicated in the above shaded box. The questions should be answered in the blank space provided below each separately numbered question. If sufficient space is not provided, you may attach additional papers with the answers and refer to them in the space provided in the interrogatories. You should be sure to make a copy for yourself. Each question must be answered separately and as completely as the available information permits. All answers are to be made under oath or affirmation as to their truthfulness.

I, {name of person answering interrogatories} , being sworn, certify that the following information is true: 1. BACKGROUND INFORMATION:

a. State your full legal name and any other name by which you have been known. b. State your present residence and telephone numbers. c. State your place and date of birth.

2. EDUCATION:

a. List all business, commercial, and professional licenses that you have obtained since the entry of the Final Judgment sought to be modified.

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

b. List all of your education since the entry of the Final Judgment sought to be modified including, but not limited to, vocational or specialized training, including the following:

(1) name and address of each educational institution. (2) dates of attendance. (3) degrees or certificates obtained or anticipated dates of same.

3. EMPLOYMENT:

a. For each place of your employment or self-employment since the entry of the Final Judgment sought to be modified, state the following:

(1) name, address, and telephone number of your employer. (2) dates of employment. (3) job title and brief description of job duties. (4) starting and ending salaries. (5) name of your direct supervisor. (6) all benefits received, including, for example, health, life, and disability insurance; expense account; use of automobile or automobile expense reimbursement; reimbursement for travel, food, or lodging expenses; payment of dues in any clubs or associations; and pension or profit sharing plans.

b. Other than as an employee, if you have been engaged in or associated with any business, commercial, or professional activity since the entry of the Final Judgment sought to be modified that was not detailed above, state for each such activity the following:

(1) name, address, and telephone number of each activity. (2) dates you were connected with such activity. (3) position title and brief description of activities. (4) starting and ending compensation.

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

(5) name of all persons involved in the business, commercial, or professional activity with you. (6) all benefits and compensation received, including, for example, health, life, and disability insurance; expense account; use of automobile or automobile expense reimbursement; reimbursement for travel, food, or lodging expenses; payment of dues in any clubs or associations; and pension or profit sharing plans.

c. If you have been unemployed at any time since the entry of the Final Judgment sought to be modified, state the dates of unemployment. If you have not been employed at any time since the entry of the Final Judgment sought to be modified, give the information requested above in question 3.a for your last period of employment.

4. ASSETS:

a. Real Estate. State the street address, if any, and if not, the legal description of all real property that you own or owned during the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. For each property, state the following:

(1) the names and addresses of any other persons or entities holding any interest and their percentage of interest. (2) the present fair market value.

b. Tangible Personal Property. List all items of tangible personal property that are owned by you or in which you have had any interest during the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter, including, but not limited to, motor vehicles, tools, furniture, boats, jewelry, art objects or other collections, and collectibles whose fair market value

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

exceeds $100. For each item, state the following: (1) the percentage and type interest you hold. (2) the names and addresses of any other persons or entities holding any interest. (3) the present fair market value.

c. Intangible Personal Property. Other than the financial accounts (checking, savings, money market, credit union accounts, retirement accounts, or other such cash management accounts) listed in the answers to interrogatories 4.d and 4.e below, list all items of intangible personal property that are owned by you or in which you have had any ownership interest (including closed accounts) within the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter, including, but not limited to, partnership and business interests (including good will), deferred compensation accounts unconnected with retirement, including but not limited to stock options, sick leave, and vacation pay, stocks, stock funds, mutual funds, bonds, bond funds, real estate investment trusts, receivables, certificates of deposit, notes, mortgages, and debts owed to you by another entity or person. For each item, state the following:

(1) the percentage and type interest you hold. (2) the names and addresses of any other persons or entities holding any interest and the names and addresses of the persons and entities who are indebted to you. (3) the present fair market value or the amounts you claim are owned by or owed to you, at the time of answering these interrogatories.

You may comply with this interrogatory (4.c) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. However, if the date of acquisition, the purchase price, and the market valuations are not clearly reflected in the periodic statements which are furnished, then these questions must be answered separately. You do not have to resubmit any periodic statements previously furnished under rule 12.285 (Mandatory Disclosure).

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

d. Retirement Accounts: List all information regarding each retirement account/plan, including but not limited to defined benefit plans, 401k, 403B, IRA accounts, pension plans, Florida Retirement System plans (FRS), Federal Government plans, money purchase plans, HR10 (Keogh) plans, profit sharing plans, annuities, employee savings plans, etc. that you have established and/or that have been established for you by you, your employer or any previous employer. For each account, state the following:

(1) the name and account number of each account/plan and where it is located. (2) the type of account/plan. (3) the name and address of the fiduciary plan administrator/service representative. (4) the present fair market value of your interest in each account/plan.

(a) present value (b) value on the date of separation (c) value on the date of filing of the petition for dissolution of marriage

(5) whether you are vested or not vested; and if vested, in what amount, as of a certain date and the schedule of future vesting. (6) the date at which you became/become eligible to receive some funds in this account/plan. (7) monthly benefits of the account/plan if no fair market value is ascertained. (8) beneficiary(ies) and/or alternate payee(s).

e. Financial Accounts. For all financial accounts (checking, savings, money market, credit union accounts, or other such cash management accounts) listed in your Financial Affidavit, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following:

(1) name and address of each institution. (2) name in which the account is or was maintained. (3) account numbers. (4) names of each person authorized to make withdrawals from the accounts. (5) highest balance within each of the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. (6) lowest balance within each of the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter.

You may comply with this interrogatory (4.e) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure).

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

f. Closed Financial Accounts. For all financial accounts (checking, savings, money market, credit union accounts, or other such cash management accounts) closed within the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the:

(1) name and address of each institution. (2) name in which the account is or was maintained. (3) account numbers. (4) name of each person authorized to make withdrawals from the accounts. (5) date account was closed.

g. Trust. For any interest in an estate, trust, insurance policy, or annuity, state the following: (1) if you are the beneficiary of any estate, trust, insurance policy, or annuity, give for each one the following:

(a) identification of the estate, trust, insurance policy, or annuity. (b) the nature, amount, and frequency of any distributions of benefits. (c) the total value of the beneficiaries’ interest in the benefit. (d) whether the benefit is vested or contingent.

(2) if you have established any trust or are the trustee of a trust, state the following: (a) the date the trust was established. (b) the names and addresses of the trustees. (c) the names and addresses of the beneficiaries. (d) the names and addresses of the persons or entities who possess the trust documents. (e) each asset that is held in each trust, with its fair market value.

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

h. Name of Accountant, Bookkeeper, or Records Keeper. State the names, addresses, and telephone numbers of your accountant, bookkeeper, and any other persons who possess your financial records, and state which records each possesses.

5. LIABILITIES:

a. Loans, Liabilities, Debts, and Other Obligations. For all loans, liabilities, debts, and other obligations (other than credit cards and charge accounts) listed in your Financial Affidavit, indicate for each the following:

(1) name and address of the creditor. (2) name in which the obligation is or was incurred. (3) loan or account number, if any. (4) nature of the security, if any. (5) payment schedule. (6) present balance and current status of your payments. (7) total amount of arrearage, if any.

You may comply with this interrogatory (5.a) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure).

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

b. Credit Cards and Charge Accounts. For all financial accounts (credit cards, charge accounts, or other such accounts) listed in your Financial Affidavit, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following:

(1) name and address of the creditor. (2) name in which the account is or was maintained. (3) name of each person authorized to sign on the accounts. (4) account numbers. (5) present balance and current status of your payments. (6) total amount of arrearage, if any. (7) highest and lowest balance within each of the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter.

You may comply with this interrogatory (5.b) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure).

c. Closed Credit Cards and Charge Accounts. As to all financial accounts (credit card, charge accounts, or other such accounts) closed with no remaining balance, within the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following:

(1) name and address of each creditor. (2) name in which the account is or was maintained. (3) account numbers. (4) name of each person authorized to sign on the accounts. (5) date the balance was paid off. (6) amount of final balance paid off.

You may comply with this interrogatory (5.c) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure).

6. MISCELLANEOUS:

a. If you are claiming a diminished earning capacity since the entry of the Final Judgment sought to be modified as grounds to modify alimony or deviate from the child support established in your case, describe in detail how your earning capacity is lowered and state all facts upon which you rely in your claim. If unemployed, state how, why, and when you lost your job. b. If you are claiming a change in a mental or physical condition since the entry of the Final Judgment sought to be modified as grounds to modify alimony or change the child support established in your case, describe in detail how your mental and/or physical capacity has changed and state all facts upon which you rely in your claim. Identify the change in your mental and/or physical capacity, and state the name and address of all health care providers involved in the treatment of this mental or physical condition. c. If you are requesting a change in shared or sole parental responsibility, primary residency, the parenting schedule, or any combination thereof, for the minor child(ren),

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

describe in detail the change in circumstances since the entry of the Final Judgment sought to be modified that you feel justify the requested change. State when the change of circumstances occurred, how the change of circumstances affects the child(ren), and why it is in the best interests of the child(ren) that the Court make the requested change. Attach your parenting schedule. d. If you do not feel the requested change in shared or sole parental responsibility, primary residency, the parenting schedule, or any combination thereof, for the minor child(ren) is in their best interests, describe in detail any facts since the entry of the Final Judgment sought to be modified that you feel justify the Court denying the requested change. State, in your opinion, what change, if any, of the parenting arrangement is justified or agreeable to you and why it is in the best interests of the child(ren).

7. LONG FORM AFFIDAVIT: If you filed the short form affidavit, Florida Family Law

Rules of Procedure Form 12.902(b), and you were specifically requested in the Notice of Service of Standard Family Law Interrogatories to file the Long Form Affidavit, Form 12.902(c), you must do so within the time to serve the answers to these interrogatories. I certify that a copy of this document was [ √ one only] ( ) mailed ( ) faxed and

mailed ( ) hand delivered to the person(s) listed below on {date} . Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number:

I understand that I am swearing or affirming under oath to the truthfulness of the answers to these interrogatories and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:

STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

Personally known Produced identification

Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the [ √ one only] petitioner or respondent, fill out this form.

Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/0301/09)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(c),

PETITION FOR CHANGE OF NAME (MINOR CHILD(REN))

When should this form be used? This form should be used when parents want the court to change the name of their minor child(ren). For the purposes of this proceeding, a person under the age of 18 is a minor. This form is not to be used in connection with an adoption or paternity action. If you want a change of name for your child(ren) because of an adoption or paternity action that is not yet final, the change of name should be done as part of that case. This form should be typed or printed in black ink. The primary petition should only be completed for one child. If you wish to change the names of more than one child, you should complete and file a Supplemental Form for Petition for Change of Name (Minor Child) for each child. The supplemental form is an attachment to the petition. Be sure that the bottom of each page of each supplemental form is initialed by the petitioner(s). You must obtain a copy of the child(ren)’spetitioner(s)’s fingerprints taken by a law enforcement agency and attach it to the petition. There may be a charge for the fingerprinting which you will have to pay. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next? If both parents agree to the change of name and live in the county where the change of name is sought, you may both file as petitioners. In this situation, service is not necessary, and you need only to set a hearing. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. If only one parent is a resident of the county where the change of name(s) is sought or only one parent asks for the child(ren)’s name(s) to be changed, the other parent must be notified and his or her consent obtained, if possible. If the other parent consents to the change of name, a Consent for Change of Name (Minor Child(ren)), _ Florida Supreme Court Approved Family Law Form 12.982(d), should be filed. If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer [to] the “General Instructions for Self-Represented Litigants” found at the beginning of these forms and the instructions to _ Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and _ Florida Supreme Court Approved Family Law Form 12.913(a). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.

Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/04-01/09)

Next, you must obtain a final hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Minor Child(ren)), _ Florida Supreme Court Approved Family Law Form 12.982(e), which may be used when a judge grants a change of name for a minor child(ren). If you attend the hearing, you should take the final judgment with you. You should complete the top part of the form, including the circuit, county, case number, division, and the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink. If the judge grants your petition, he or she will sign this order. This officially changes your child(ren)’s name(s). The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.

Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see section 68.07, Florida Statutes.

Special notes...

The heading of the form calls for the name(s) of the petitioner(s). This is the parent(s) who is (are) requesting the change of their child(ren)’s name(s). The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition. It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, _ Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/04-01/09)

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/0401/09)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: Division:

IN RE: THE NAME CHANGE OF ,

Petitioner/Father, ,

Petitioner/Mother.

PETITION FOR CHANGE OF NAME (MINOR CHILD(REN))

I/We, {full legal name(s)} , being sworn, certify that the following information is true:

I am/We are the birth or legal parent(s) of the minor child(ren) named in this petition. [ √ only one] a. There is only one minor child named in this petition. b. There are {enter number of children} children named in this petition. The

information on the first child is entered below. I/We have attached the completed supplemental forms for each other child.

A copy of the child/children’spetitioner(s)’s fingerprints taken by a law enforcement agency is attached to this petition. THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # 1 : 1. Minor child’s complete present name is:

I/We request that this minor child’s name be changed to:

2. The minor child lives in County, Florida, at {street address}

. 3. The minor child was born on {date} , in {city, county, state, country}

. 4. The minor child’s father’s full legal name: .

The minor child’s mother’s full legal name: . The minor child’s mother’s maiden name: .

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/0401/09)

5. The minor child has lived in the following places since birth: Dates (to/from) Address / / / / / /

Check here if you are continuing these facts on an attached page. 6. [ √ one only] The minor child is not married. The minor child is married to: {full legal name} . 7. [ √ one only] The minor child has no children. The minor child is the parent of the following child(ren): {enter full name(s) and date(s) of birth}

. 8. Former names. [ √ all that apply] The minor child’s name has never been changed by a court. The minor child’s name previously was changed by court order from

to on {date} , by {court, city, and state} . A copy of the court order is attached.

The minor child’s name previously was changed by marriage from to on {date} , in {city, county, and state} . A copy of the marriage certificate is attached.

The minor child has never been known or called by any other name. The minor child has been known or called by the following other name(s): {list name(s) and

explain where child was known or called by such name(s)}

9. The minor child is not employed in an occupation or profession, does not own and operate a

business, and has received no educational degrees. If the minor child has a job, explain:

10. Criminal History. [ √ one only] The minor child has never been arrested for or charged with, pled guilty or nolo contendere to, or

been found to have committed a criminal offense, regardless of adjudication. The minor child has a criminal history. In the past, the minor child was arrested for or charged

with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are:

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/0401/09)

Date City/State Event (arrest, charge, plea, or adjudication)

Check here if you are continuing these facts on an attached page. 11. Money Judgments. [ √ one only] The minor child has never been adjudicated bankrupt, and no money judgment has ever been

entered against him or her. The following money judgment(s) has been entered against him or her:

Date Amount Creditor Court entering judgment and case number √ if Paid

THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER(S):

12. Petitioner(s) live in County, Florida, at {street address} .

13. I/We have no ulterior or illegal purpose for filing this petition, and granting it will not in any

manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

14. My/our civil rights have never been suspended, or, if ever suspended, they have been fully

restored.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:

Signature of Petitioner/Father Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:

STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/0401/09)

[Print, type, or stamp commissioned name of notary or clerk.]

Personally known Produced identification

Type of identification produced I understand that I am swearing or affirming under oath to the truthfulness of the claims

made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:

Signature of Petitioner/Mother Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:

STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

Personally known Produced identification

Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name(s)} , who is (are) the petitioner(s), fill out this form.

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/0401/09)

SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (MINOR CHILD(REN))

Case No.: THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # : 1. Minor child’s complete present name is:

. I/We request that minor child’s name be changed to: .

2. The minor child lives in County, Florida, at {street address}

. 3. The minor child was born on {date} , in {city, county, state, country}

. 4. The minor child’s father’s full legal name: .

The minor child’s mother’s full legal name: . The minor child’s mother’s maiden name: .

5. The minor child has lived in the following places since birth:

Dates (to/from) Address / / / / / /

Check here if you are continuing these facts on an attached page.

6. [ √ one only]

The minor child is not married. The minor child is married to: {full legal name} .

7. [ √ one only]

The minor child has no children. The minor child is the parent of the following child(ren): {enter name(s) and date(s) of birth} .

MINOR CHILD # , continued

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (11/0401/09)

8. Former names [ √ all that apply] The minor child’s name has never been changed by a court. The minor child’s name previously was changed by court order from

to on {date} , by {court, city, and state} . A copy of the court order is attached.

The minor child’s name previously was changed by marriage from to on {date} , in {city, county, and state} . A copy of the marriage certificate is attached.

The minor child has never been known or called by any other name. The minor child has been known or called by the following other name(s): {list name(s) and

explain where child was known or called by such name(s)}

9. The minor child is not employed in an occupation or profession, does not own and operate a

business, and has received no educational degrees. If the minor child has a job, explain: .

10. Criminal History [ √ one only] The minor child has never been arrested for or charged with, pled guilty or nolo contendere to or

been found to have committed a criminal offense, regardless of adjudication. The minor child has a criminal history. In the past, the minor child was arrested for or charged

with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are:

Date City/State Event (arrest, charge, plea, or adjudication)

Check here if you are continuing these facts on an attached page. 11. Money Judgments [ √ one only] The minor child has never been adjudicated bankrupt, and no money judgment has ever been

entered against him or her. The following money judgment(s) has (have) been entered against him or her:

Date Amount Creditor Court entering judgment and case number √ if Paid

Instructions for Florida Supreme Court Approved Family Law Form 12.982(f), Petition for Change of Name (Family) (11/0401/09)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(f), PETITION FOR CHANGE OF NAME (FAMILY)

When should this form be used?

This form should be used when a family wants the court to change its name. This form is not to be used in connection with a divorce, paternity, or adoption action. If you want a change of name because of a dissolution of marriage, paternity, or adoption action that is not yet final, the change of name should be done as part of that case. This form should be typed or printed in black ink. The petition should only be completed for one adult. If you wish to change the name(s) of another adult and/or child(ren), you should complete and file a Supplemental Form for Petition for Change of Name (Family) for each additional family member and file the supplemental form(s) as an attachment to the petition. Be sure that the bottom of each child’s supplemental form is initialed. A copy of the fingerprints of each adult family member who is petitioning to have his or her name changed, taken by a law enforcement agency, must be attached to the petition. There may be a charge for the fingerprinting which you will have to pay. After completing this form, it should be signed before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.

What should I do next? If any of the children for whom you are requesting this change of name are not the legal children of both adults filing this petition, you must obtain the consent of the legal parent(s). A parent not named as a petitioner in this action may consent by submitting a Consent for Change of Name (Minor Child(ren)), _ Florida Supreme Court Approved Family Law Form 12.982(d). If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer to the “General Instructions for Self-Represented Litigants” found at the beginning of these forms and the instructions to _ Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and _ Florida Supreme Court Approved Family Law Form 12.913(a). The law on constructive service is very complex and you may wish to consult an attorney regarding constructive service. Next, you must obtain a final hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Family), _ Florida Supreme Court Approved Family Law Form 12.982(g), which may be used when a judge grants a change of name for a family. If you attend the hearing, you should take the final judgment form with you. You should complete the top part of this form, including the circuit, county, case number, division, the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink. If the judge grants your petition, he or she will sign this order. This officially changes your family’s name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.

Instructions for Florida Supreme Court Approved Family Law Form 12.982(f), Petition for Change of Name (Family) (11/0401/09)

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. For further information, see section 68.07, Florida Statutes.

Special notes... The heading of the form calls for the name(s) of the petitioner(s). This is (are) the parent(s) who are requesting the change of their family’s name(s). The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition. It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, _ Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.982(f), Petition for Change of Name (Family) (11/04 01/09)

IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR COUNTY, FLORIDA

Case No.: Division:

IN RE: THE NAME CHANGE OF ,

Petitioner/Father, ,

Petitioner/Mother.

PETITION FOR CHANGE OF NAME (FAMILY)

I/We, {full legal name(s)} , being sworn, certify that the following information is true:

There are {enter number} adults named in this petition. A supplemental form is attached for each adult not set out below. There are {enter number} children named in this petition. I am/We are the birth or legal parents of the minor child(ren) named in this petition. I/We have attached a completed supplemental form for each minor child.

A copy of the fingerprints of each adult person seeking a name change in this petition, taken by a law enforcement agency, is attached.

THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER ( ) HUSBAND ( ) WIFE: 1. My complete present name is:

. I request that my name be changed to: .

2. I live in County, Florida, at {street address}

. 3. I was born on {date} , in {city} , {county} ,

{state} , {country} . 4. My father’s full legal name: .

My mother’s full legal name: . My mother’s maiden name: .

5. I have lived in the following places since birth:

Dates (to/from) Address

Florida Supreme Court Approved Family Law Form 12.982(f), Petition for Change of Name (Family) (11/04 01/09)

/ / / / / / / /

Check here if you are continuing these facts on an attached page. 6. Family [ √ all that apply] a. I am not married. b. I am married. My spouse’s full legal name is: . c. I do not have child(ren). d. The name(s), age(s), and address(es) of my child(ren) are as follows (all children, including

those over 18, must be listed): Name {last, first, middle initial} Age Address, City, State

Check here if you are continuing these facts on an attached page.

7. Former names [ √ all that apply] My name has never been changed by a court. My name previously was changed by court order from

to on {date} , by {court, city, and state} . A copy of the court order is attached.

My name previously was changed by marriage from to on {date} , in {city, county, and state} . A copy of the marriage certificate is attached.

I have never been known or called by any other name. I have been known or called by the following other name(s): {list name(s) and explain where you

were known or called by such name(s)} .

8. Occupation

My occupation is: .

Florida Supreme Court Approved Family Law Form 12.982(f), Petition for Change of Name (Family) (11/04 01/09)

I am employed at: {company and address} . During the past 5 years, I have had the following jobs: Dates (to/from) Employer and employer’s address / / / / / /

Check here if you are continuing these facts on an attached page. 9. Business [ √ one only] I do not own and operate a business. I own and operate a business. The name of the business is: .

The street address is: . My position with the business is: . I have been involved with the business since: {date} .

10. Profession [ √ one only] I am not in a profession. I am in a profession. My profession is: .

I have practiced this profession: Dates (to/from) Place and address / / / / /

Check here if you are continuing these facts on an attached page. 11. Education

I have graduated from the following school(s): Degree Date of Received Graduation School

Check here if you are continuing these facts on an attached page.

Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

12. Criminal History [ √ one only] I have never been arrested for or charged with, pled guilty or nolo contendere to, or have been

found to have committed a criminal offense, regardless of adjudication. I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo

contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are:

Date City/State Event (arrest, charge, plea, or adjudication)

Check here if you are continuing these facts on an attached page. 13. Bankruptcy [ √ one only] I have never been adjudicated bankrupt. I was adjudicated bankrupt on {date} , in {city} ,

{county} , {state} . Check here if you have had additional bankruptcies, and explain on an attached page.

14. Creditor(s)’ Judgments [ √ one only] I have never had a money judgment entered against me by a creditor. The following creditor(s)’ money judgment(s) have been entered against me:

Date Amount Creditor Court entering judgment and case number √ if Paid

Check here if these facts are continued on an attached page. 15. I have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner

invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

16. My civil rights have never been suspended, or, if my civil rights have been suspended, they have

been fully restored.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:

Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number:

Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

Fax Number: STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

Personally known Produced identification

Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the petitioner, fill out this form.

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

ADULT SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (FAMILY)

Case No.: THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER ( ) HUSBAND ( ) WIFE: 1. My complete present name is:

. I request that my name be changed to: .

2. I live in County, Florida, at {street address}

. 3. I was born on {date} , in {city} , {county} ,

{state} , {country} . 4. My father’s full legal name: .

My mother’s full legal name: . My mother’s maiden name: .

5. I have lived in the following places since birth:

Dates (to/from) Address / / / / / / / / /

Check here if you are continuing these facts on an attached page. 6. Family [ √ all that apply] a. I am not married. b. I am married. My spouse’s full legal name is: . c. I do not have child(ren). d. The name(s), age(s), and address(es) of my child(ren) are as follows (all children, including

those over 18, must be listed): Name {last, first, middle initial} Age Address, City, State

PETITIONER # , continued

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

Check here if you are continuing these facts on an attached page. 7. Former names [ √ all that apply] My name has never been changed by a court. My name previously was changed by court order from

to on {date} by {court, city, and state} . A copy of the court order is attached.

My name previously was changed by marriage from to on {date} in {city, county, and state} . A copy of the marriage certificate is attached.

I have never been known or called by any other name. I have been known or called by the following other name(s): {list name(s) and explain where you

were known or called by such name(s)}

8. Occupation

My occupation is: . I am employed at: {company and address} . During the past 5 years, I have had the following jobs: Dates (to/from) Employer and employer’s address / / / / / / /

Check here if you are continuing these facts on an attached page. 9. Business [ √ one only] I do not own and operate a business. I own and operate a business. The name of the business is: .

The street address is: . My position with the business is: . I have been involved with the business since: {date} .

10. Profession [ √ one only] I am not in a profession. I am in a profession. My profession is: .

I have practiced this profession: Dates (to/from) Place and address /

PETITIONER # , continued

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

/ / / /

Check here if you are continuing these facts on an attached page. 11. Education

I have graduated from the following school(s): Degree Date of Received Graduation School Check here if you are continuing these facts on an attached page.

12. Criminal History [ √ one only] I have never been arrested for or charged with, pled guilty or nolo contendere to, or been found to

have committed a criminal offense, regardless of adjudication. I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo

contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are:

Date City/State Event (arrest, charge, plea, or adjudication)

Check here if you are continuing these facts on an attached page. 13. Bankruptcy [ √ one only] I have never been adjudicated bankrupt. I was adjudicated bankrupt on {date} , in {city} ,

{county} , {state} . Check here if you have had additional bankruptcies, and explain on an attached page.

14. Creditors’ Judgments [ √ one only] I have never had a money judgment entered against me by a creditor. The following creditor(s)’ money judgment(s) have been entered against me:

Date Amount Creditor Court entering judgment and case number √ if Paid

Check here if these facts are continued on an attached page.

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

15. I have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

16. My civil rights have never been suspended, or, if my civil rights have been suspended, they have

been fully restored. I understand that I am swearing or affirming under oath to the truthfulness of the claims

made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated:

Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number:

STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]

Personally known Produced identification

Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [ fill in all blanks] I, {full legal name and trade name of nonlawyer} , a nonlawyer, located at {street} , {city} , {state} , {phone} , helped {name} , who is the petitioner, fill out this form.

CHILD SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (FAMILY)

Case No.:

THE FOLLOWING INFORMATION IS TRUE ABOUT MINOR CHILD # : 1. Minor child’s complete present name is:

I/We request that minor child’s name be changed to:

2. The minor child lives in County, Florida, at {street address}

. 3. The minor child was born on , in {city, county, state, country}

.

4. The minor child’s father’s full legal name: .

The minor child’s mother’s full legal name: . The minor child’s mother’s maiden name: .

5. The minor child has lived in the following places since birth:

Dates (to/from) Address / / / / / / /

Check here if continuing these facts on an attached page. 6. [ √ one only] The minor child is not married The minor child is married to: {full legal name} . 7. [ √ one only] The minor child has no children. The minor child is the parent of the following child(ren): {enter name(s) and date(s) of

birth} . 8. Former names [ √ all that apply] The minor child’s name has never been changed by court order. The minor child’s name previously was changed by court order from

to on {date}

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

MINOR CHILD # , continued

by {court, city, and state} .

A copy of the court order is attached. The minor child’s name previously was changed by marriage from

to on {date} , in {city, county, and state} .

The minor child has never been known or called by any other name. The minor child has been known or called by the following other name(s): {list name(s)

and explain where child was known or called by such name(s)} .

9. The minor child is not employed in an occupation or profession, does not own and

operate a business, and has received no educational degrees. If the minor child has a job, explain: .

10. Criminal History [ √ one only] The minor child has never been arrested for or charged with, pled guilty or nolo contendere to, or

been found to have committed a criminal offense, regardless of adjudication. The minor child has a criminal history. In the past, the minor child was arrested for or charged

with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are:

Date City/State Event (arrest, charge, plea, or adjudication)

Check here if you are continuing these facts on an attached page. 11. Money Judgments [ √ one only] The minor child has never been adjudicated bankrupt, and no money judgment has ever been

entered against him or her. The following money judgment(s) has been entered against him or her:

Date Amount Creditor Court entering judgment and case number √ if Paid

PETITIONER(S) MUST INITIAL HERE Florida Supreme Court Approved Family Law Form 12.982(f), Supplemental Form for Petition for Change of Name (Family) (11/0401/09)

APPENDIX G

Proposed rule

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. 2.1302.140. 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 Nonlawyer; (2) 12.900(b), Notice of Limited Appearance; (3) 12.900(c), Consent to Limited Appearance by Attorney; (4) 12.900(d), Termination of Limited Appearance; (5) 12.900(e), Acknowledgment of Assistance by Attorney; (6) 12.900(f), Signature Block for Attorney Making Limited Appearance; (7) 12.900(g), Agreement Limiting Representation; (8) 12.900(h), Notice of Related Cases;

Reason for change Amended to conform to renumbering of Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006). Adds two new forms being submitted to the Court with this package and one form approved by the Court in In re Amendments to the Florida Family Law Rules of Procedure,

(79) 12.901(a), Petition for Simplified Dissolution of Marriage; (810) 12.902(b), Family Law Financial Affidavit (Short Form); (911) 12.902(c), Family Law Financial Affidavit; (1012) 12.902(e), Child Support Guidelines Work-sheet; (1113) 12.902(f)(3), Marital Settlement Agreement for Simplified Dissolution of Marriage; (1214) 12.910(a), Summons: Personal Service on an Individual; (1315) 12.913(b), Affidavit of Diligent Search and Inquiry; (16) 12.913(c), Affidavit of Diligent Search; (1417) 12.920(a), Motion for Referral to General Magistrate; (1518) 12.920(b), Order of Referral to General Magistrate; (1619) 12.920(c), Notice of Hearing Before General Magistrate;

962 So. 2d 302 (Fla. 2007), and renumbers subsequent subdivisions.

(1720) 12.930(a), Notice of Service of Standard Family Law Interrogatories; (1821) 12.930(b), Standard Family Law Interroga-tories for Original or Enforcement Proceedings; (1922) 12.930(c), Standard Family Law Interroga-tories for Modification Proceedings; (2023) 12.932, Certificate of Compliance with Mandatory Disclosure; and (2124) 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 2.1302.140. 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 In re Family Law Rules of Procedure, 663 So. 2d 1049 (Fla. 1995); In re Petition for Approval of

Amended to conform to renumbering of Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006). The words “In re” do not appear in the Commentary in West’s Florida Rules of Court – State (2007) and should be included in this citation.

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.

Proposed rule

RULE 12.040. ATTORNEYS (a) [No change] (b) [No change] (c) Scope of Representation.

(1) If an attorney appears of record for a particular limited proceeding or matter, as provided by this rule, that attorney shall be deemed “of record” for only that particular proceeding or matter. Any notice of limited appearance filed shall include the name, address, and telephone number of the attorney and the name, address, and telephone number of the party. At the conclusion of such proceeding or matter, the attorney’s role terminates without the necessity of leave of court, upon the attorney filing a notice of completion of limited appearance. The notice, which shall be titled “Termination of Limited Appearance,” shall include the names and last known addresses of the person(s) represented by the withdrawing attorney. (2) An attorney for the IV-D child support enforcement agency who appears in a family law matter governed by these rules, whether in an initial proceeding or any subsequent modification or enforcement action in the proceeding, shall file a notice in compliance with subdivisions (c)(1) and (e) which shall also state: whether the recipient of IV-D services is a party to the case, any limits on the legal services

Reasons for change

Grammatical correction Grammatical correction Grammatical correction Creates new subdivision to require that an attorney representing the Department of Revenue in a child support enforcement case file a notice defining the attorney’s relationship with the custodial parent and the issues the attorney is authorized to address in the proceedings.

being performed for the recipient of IV-D services, and any limits on the issues that may be addressed by the attorney during the proceeding. (d) Preparation of Pleadings or Other Documents. A party who files a pleading or other document of record pro se with the assistance of an attorney shall certify that the party has received assistance from an attorney in the preparation of the pleading or other document. The name, address, and telephone number of the party shall appear on all pleadings or other documents filed with the court. (e) [No change] (f) [No change]

Grammatical correction

Proposed rule

RULE 12.310. DEPOSITIONS UPON ORAL EXAMINATION

[No change]

Committee Note

2009 Amendment. The provisions of Fla. R. Civ. P. 1.310(b)(8) do not alter the requirements of Rule 12.407 that a court order must be obtained before deposing a minor child.

Reasons for change

In response to amendments to Fla. R. Civ. P. 1.310(b)(8), regarding protections for children being deposed, adds a Committee Note reminding practitioners of the requirements of Fla. Fam. L. R. P. 12.407, to obtain court approval before a minor child is “deposed or brought to a deposition.”

Proposed rule

RULE 12.400. CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

(a) Closure of Proceedings or Records. Closure of court proceedings or sealing of records may be ordered by the court only as provided by Florida Rule of Judicial Administration 2.0512.420. (b) [No change] (c) Conditional Sealing of Financial Information. (1) [No change] (2) Notice of conditional sealing shall be as required by Florida Rule of Judicial Administration 2.051(c)(9)(D)2.420(d).

(3) [No change]

Commentary [No change]

Reasons for change Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006). Style correction to citation form. Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006). Style correction to citation form.

Proposed rule RULE 12.410. SUBPOENA [No change]

Committee Note

2009 Amendment. The provisions of Fla. R. Civ. P. 1.410(h) do not alter the requirements of Rule 12.407 that a court order must be obtained before a minor child may be subpoenaed to appear at a hearing.

Reasons for change In response to amendments to Fla. R. Civ. P. 1.410(h), regarding protections for children being subpoenaed, adds a Committee Note reminding practitioners of the requirements of Fla. Fam. L. R. P. 12.407 to obtain court approval before a minor child is “subpoenaed to appear at a hearing.”

Proposed rule

RULE 12.490. GENERAL MAGISTRATES (a) [No change] (b) [No change] (c) [No change] (d) Hearings. (1) [No change] (2) The general magistrate shall take testimony and establish a record which may be by electronic means as provided by Florida Rule of Judicial Administration 2.0702.535(g)(3) or by a court reporter. The parties may not waive this requirement.

(3) The general magistrate 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 magistrate may take all actions concerning evidence that can be taken by the circuit court and in the same manner. The general magistrate shall have the same powers as a circuit judge to utilize communications equipment as defined and regulated by Florida Rule of Judicial Administration 2.0712.530.

Reasons for change Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006). Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

(4) [No change] (5) [No change] (e) [No change] (f) Filing Report; Notice; Exceptions. The general magistrate shall file the report and recommendations and serve copies on all parties. The parties may servefile 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) [No change]

Commentary [No change]

Committee Note [No change]

Amended to clarify that exceptions to the general magistrates report should be filed, not only served, within 10 days of service of the report.

Proposed rule

RULE 12.491. CHILD SUPPORT ENFORCEMENT (a) [No change] (b) [No change] (c) [No change] (d) [No change] (e) General Powers and Duties. The support enforce-ment hearing officer shall be empowered to issue process, administer oaths, require the production of documents, and conduct hearings for the purpose of taking evidence. A support enforcement hearing officer does not have the authority to hear contested paternity cases. Upon the receipt of a support pro-ceeding, the support enforcement hearing officer shall: (1) [No change] (2) take testimony and establish a record, which record may be by electronic means as provided by Florida Rule of Judicial Administration 2.0702.535(g)(3); (3) [No change] (4) [No change] (f) [No change]

Reasons for change Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

(g) [No change] (h) [No change]

Commentary [No change]

Committee Note [No change]

Proposed rule RULE 12.492. SPECIAL MAGISTRATES (a) Special Magistrates. The court may appoint members of The Florida Bar as special magistrates for any particular service required by the court in a family law matter other than those involving domestic, repeat, dating, and sexual violence. The special magistrates shall be governed by all the provisions of law and rules relating to general magistrates except as otherwise provided by this rule. Additionally, they shall not be required to make oath or give bond unless specifically required by the order appointing them. Upon a showing that the appointment is advisable, a person other than a member of The Florida Bar may be appointed. (b) [No change] (c) [No change] (d) [No change] (e) [No change]

(f) [No change] (g) Filing Report; Notice; Exceptions. The special magistrate shall file the report and recommendations and serve copies on the parties. The parties may servefile exceptions to the report within 10 days from the time it is served on them. If no exceptions are filed within that period, the court shall take

Reasons for change Grammatical correction Amended to clarify that exceptions to the special magistrate’s report should be filed, not only served, within 10 days of service of the report. Conforms to proposed amendment to Rule12.490.

appropriate action on the report. Any party may file cross-exceptions within 5 days from the servicefiling of the exceptions, provided, however, that the filing of cross-exceptions shall not delay the hearing on the exceptions unless good cause is shown. If exceptions are filed, they shall be heard on reasonable notice by either party. The party seeking to have exceptions heard shall be responsible for the preparation of the transcript of proceedings before the special magistrate. (h) [No change]

Commentary [No change]

Committee Note [No change]

Proposed rule RULE 12.610. INJUNCTIONS FOR DOMESTIC,

REPEAT, DATING, AND SEXUAL VIOLENCE

(a) [No change] (b) Petitions. (1) [No change] (2) Service of Petitions. (A) [No change] (B) Repeat Violence, Dating Violence, and Sexual 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, dating violence, or sexual 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) [No change] (3) [No change] (4) Forms.

Reasons for change Grammatical correction.

(A) [No change] (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 2.0512.420. (c) [No change]

Commentary

[No change] Committee Note

[No change]

Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

Proposed rule RULE 12.650. OVERRIDE OF FAMILY VIOLENCE

INDICATOR (a) [No change]

(b) Definitions. (1) “Authorized person” means a person as defined in 42 U.S.C. § 653(c) and § 663(d)(2). It includes any agent or attorney of the Title IV-D agency of this or any other state, the court that has authority to issue an order or to serve as the initiating court in an action to seek an order against a non-custodial parent for the support and maintenance of a child, or any agent of such court, the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving assistance under 42 U.S.C. §§ 601 et seq.), and any state agencythat administers a child welfare, family preservation, or foster care program. It also includes any agent or attorney of this or any other state who has the duty or authority under the law of such state to enforce a child custody or visitation determination; the court that has jurisdiction to make or enforce such a child custody or visitation determination, or any agent of such court; and any agent or attorney of the United States, or of a state, who has the duty or authority to investigate, enforce, or bring a prosecution with respect to the unlawful taking or restraint of a child. (2)–(7) [No change] (c) [No change]

Reasons for change Style correction.

(d) [No change] (e) [No change] (f) Review of Information by the Court (1) [No change] (2) If the information from the sealed envelope includes an address for the respondent or the respondent’s employer, the court shall issue an order to show cause to the respondent, the department, the Florida Department of Law Enforcement (FDLE), and the state entity that placed the family violence indicator on the record. The order to show cause shall (A)–(F) [No change] (3) [No change] (g) [No change] (h) Hearing on Order to Show Cause. (1) [No change] (2) Notwithstanding the provisions of Florida Rule of Judicial Administration 2.0712.530, the court may conduct a hearing on the order to show cause by means of communications equipment without consent of the parties and without a limitation on the time of the hearing. The

Grammatical correction. Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

communications equipment shall be configured to ensure that the location of the respondent is not disclosed. (i) [No change]

Commentary [No change]

Proposed rule

12.750. FAMILY SELF-HELP PROGRAMS (a) [No change] (b) [No change]

(c) [No change] (d) [No change] (e) [No change] (f) [No change] (g) [No change] (h) [No change] (i) [No change] (j) [No change] (k) [No change] (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 Florida Rule of Judicial Administration 2.0512.420. (m)[No change]

Reasons for change Amended to conform to renumbering of the Florida Rules of Judicial Administration in In re Amendments to the Florida Rules of Judicial Administration — Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006).

Commentary [No change]

APPENDIX H

APPX H-1

APPX H-2

APPX H-3

APPX H-4

APPENDIX I

APPX I-1

APPX I-2

APPX I-3

I certify that these rules and forms were read against West’s Florida Rules of Court – State (2007). Ellen H. Sloyer, Associate Editor Legal Publications The Florida Bar