Family Law Rules Committee three-year cycle amendments
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 shown below. The full text of the proposed amendments can be found on The Florida Bar’s website at www.floridabar.org. The Committee notes that proposed amendments to Rules 12.130, 12.200, and 12.407 were previously published in the August 1, 2015, edition of the Bar News so have not been included with this publication.
Interested persons have until August 1, 2016, to submit comments electronically to the incoming committee chair, Judge Laurel Lee, [email protected] and to the Bar staff liaisons, Greg Zhelesnik and Krys Godwin, at [email protected] and [email protected], respectively.
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RULE/FORM
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VOTE | EXPLANATION |
| 12.130. | 14-0-1 | The proposed amendment to subdivision (a) adds the clause “or otherwise required by law.” Also, to simplify the rule, the language “a copy of the bonds, notes, bills of exchange, contracts, accounts, or other” is deleted.
Archaic language is removed by replacing the term “shall” with “must.” |
| 12.200. | 21-0-0 | The proposed amendment to subdivision (a)(2), governing adoption proceedings, replaces “shall” with “may” to give the court discretion in scheduling of case management conferences. This change reflects the practice that has been regularly occurring statewide.
The proposed amendments to subdivision (b) remove archaic language by replacing “shall” with “must” and delete the clause “of this rule” as unnecessary. The proposed amendments to subdivision (c) remove archaic language by replacing “shall” with “must.” The proposed amendment to subdivision (d) remove archaic language by replacing “shall” with “will.” A new committee note is created to explain the reasoning for the proposed amendment to subdivision (a)(2). |
| 12.285 | 26-0-0 | The proposed amendment to subdivision (a)(3)(C) replaces the cross reference to Civil Procedure Rules 1.280 with a cross reference to Family Law Rule 12.380.
The proposed amendment to subdivision (b)(1) is amended to add the term “relief” so that the correct terminology reads “temporary financial relief hearing.” The proposed amendment to subdivision (b)(1)(A) replaces the phrase “with the notice of” with the phrase “at least ten days prior to the” to provide a more defined time period for action. The proposed amendment to subdivision (b)(1)(B) provide a more definite time period within which the responding party must serve the required documents on the party seeking relief. The proposed amendments to subdivision (d)(2) clarify that a party’s entire return, including foreign tax returns, and all attachments, schedules, and worksheets must be provided; the intangible personal property tax return was deleted as archaic. The proposed amendments to subdivision (d)(3) provide for which documents must be served in the event the tax return for that year has not been filed. The proposed amendments to subdivision (d)(4) require service of evidence of earned income for the six months prior to compliance with the disclosure requirements of subdivisions (d). The proposed amendment to subdivision (e)(1) adds a sentence requiring that documents supporting the figures entered into the financial affidavit must also be produced. The proposed amendments to subdivision (e)(2) clarify that a party’s entire return, including foreign tax returns, and all attachments, schedules, and worksheets must be provided; the intangible personal property tax return was deleted as archaic. The proposed amendments to subdivision (e)(3) provide for which documents must be served in the event the tax return for that year has not been filed. The proposed amendments to subdivision (e)(4) require service of evidence of earned income for the six months prior to compliance with the disclosure requirements of subdivision (e). The proposed amendments to subdivision (e)(5) require service of a statement identifying the amount and source of all income for the six months prior to compliance with the disclosure requirements of subdivision (e). The proposed amendments to subdivision (e)(6) require service of all forms of financial disclosure for the two years prior to compliance with the disclosure requirements of subdivision (e). The proposed amendments to subdivision (e)(7) require service of all documents evidencing ownership interests in property the last three years, documents evidencing money owed for the previous two years, and all leases in the past two years, and limited disclosure for guardianships and trusts ownership interests to those relating to a party, a minor or adult dependent child, or equitable interests by a party in a trust or guardianship. The proposed amendments to subdivision (e)(8) require service of periodic statements from accounts for the past 12 months and copies of canceled checks and registers for all accounts with check-writing privileges and limits disclosure of trustee/guardianship accounts to those relating to a party, minor, or adult dependent child and trusts for the benefit of a party. The proposed amendments to subdivision (e)(9) require service of copies of canceled checks and registers for all brokerage accounts with check-writing privileges and limits disclosure of trustee/guardianship brokerage accounts to those relating to a party, minor, or adult dependent child and trusts for benefit of a party. The proposed amendments to subdivision (e)(10) require service of retirement statements for the past 12 months, clarifying that disclosure from parties who are alternate payees are actually receiving payments. The proposed amendment to subdivision (e)(11) creates language requiring the service of statements from the past 12 months for any virtual currency transactions in which the party participated or holds an interest. The proposed amendment to subdivision (e)(12) renumbers the subdivision and adds the time requirement of twelve months for service of statements. The proposed amendment to subdivision (e)(13) renumbers the subdivision and strikes the qualification that a party has to have an ownership interest of at least 30% to be required to disclose corporate, partnership, and trust tax returns for the last three years. The proposed amendment to subdivision (e)(14) lengthens the time frame to two years for the service of promissory notes evidencing a party’s indebtedness. The proposed amendment to subdivision (e)(15) adds the requirement of service of all affidavits and declarations of non-paternity or judgments of disestablishment of paternity. The proposed amendment to subdivision (e)(16) deletes the requirement of serving “tangible evidence” supporting the producing party’s claim that an asset or liability is nonmarital. The proposed amendment to subdivision (g) replaces the time frame clause “fewer than 24 hours” with a cross reference to the time periods laid out in subdivision (b)(1). The proposed amendment to subdivision (h) removes the “at least 5 days” phrase in regards to extensions of time for complying with mandatory disclosure. Archaic language is removed throughout the rule. |
| 12.400 | 21-0-0 | The proposed amendment creates a new subdivision (b) directing that all documents containing sensitive information must be filed in conformity with Florida Rule of Judicial Administration 2.425.
Archaic language is removed throughout the rule. |
| 12.407. | 19-2-0 | The proposed amendments retitle the rule and add language that allows the court to impose sanctions on a party or counsel for violation of the rule.
Archaic language is removed and editorial changes are made for cleaner reading. |
| 12.4501. | 25-0-0 | Creates a new rule regarding judicial notice providing that, in family cases, the court may take judicial notice of any matter described in section 90.202(6), Florida Statutes, when imminent danger to persons or property is alleged and it is impractical to give prior notice of the intent to take judicial notice. The language of this rule tracks the language of section 90.204(4), Florida Statutes. |
| 12.490. | 19-0-0 | The proposed amendment to subdivision (d)(2) corrects a cross reference to Florida Rule of Judicial Administration 2.535.
Archaic language is removed throughout the rule. |
| 12.902(f)(3). | 16-0-1 | The proposed amendment to paragraph 3 deletes the language regarding filing a Family Law Financial Affidavit since, based on Rule 12.285, there is no requirement to file the affidavit.
The proposed amendments to paragraph 4 renumber the paragraph and replace the term “papers” with “documents.” The proposed amendments to the table introductions replace the sentence that states that account numbers do not need to be listed with a sentence requiring the inclusion of the last four digits of account numbers. |
