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July 1, 2013
Florida Family Law Rules of Procedure proposed 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. The full text of the proposals can be found on The Florida Bar’s website at www.flabar.org. Interested persons have until August 1 to submit comments electronically to Mary Louise Miller Wagstaff, Chair, at marylou@wagstafflawoffice.com and to the Bar staff liaison, Ellen Sloyer, at esloyer@flabar.org.

RULE/FORM
VOTE
EXPLANATION
12.01218-0-0New rule created in response to Supreme Court’s request that committee review rules for additional privacy issues. This new rule, placed at the beginning of the rules set, draws attorneys’ attention to the requirements to conform to Fla.R.Jud.Admin. 2.425, Minimization of the Filing of Sensitive Information.
12.07018-0-0Creates a new subdivision (c)(2) to govern constructive service in any case or proceeding involving parental responsibility, custody, or time-sharing with a minor child.
12.20015-0-1(1) Changes “papers” to “documents” in subdivision (a)(1) in conformance with e-service and e-filing.
(2) Creates new subdivision (a)(1)(P) to allow the court to consider discovery of electronically stored information at pretrial conference.
12.36319-0-0(1) Amends rule to change “qualified licensed mental health professional” to “expert” to reflect that some evaluations are conducted by persons other than mental health experts.
(2) Amends subdivision (a) to remove reference to “social or home study investigation” because of creation of Rule 12.364 governing these investigations.
(3) Amends subdivision (b) to provide that the expert’s report should be provided to the party rather than the attorney.
(4) Amends subdivision (d) to require notice to the parties rather than their attorneys if the expert requests communication with the court.
(5) Creates new subdivision (f) to clarify that this rule does not apply to parenting coordinators or social investigations.
12.36418-1-0Creates new rule to govern social investigations under F.S. 61.20.
12.49022-0-0Amends subdivision (b)(3) to require that the order of referral shall state the name of the specific general magistrate to whom the case is being referred. Changes “papers” to “documents.”
12.49116-0-0Corrects cross-reference to Florida Rule of Judicial Administration in subdivision (e)(2).
12.56020-0-0Deletes subdivision (e) because the filing of the notice of compliance is unnecessary and because the Fact Information Sheet should not be filed with the court.
12.901(a)17-0-1Amends instructions and form to remove requirement that a financial affidavit be filed in conformance with removal of requirement from Fla.Fam.L.R.P. 12.105 in 2011. (See 78 So.3d 1045.)
12.902(b)19-0-1In conformity with Form 12.902(c), adds instruction that if expenses listed do not reflect what is actually paid currently that “estimate” should be written next to amount.
12.902(c)18-0-0Amends Monthly Insurance in Expense section so that dental insurance and health insurance (unless not listed elsewhere on form) not be included in insurance expenses.

[Revised: 09-28-2014]