IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULE OF PROCEDURE FORMS 12.9835(A)-(C) (2022)

On August 24, 2022, The Florida Bar's Family Law Rules Committee (Committee) filed a report proposing new Florida Supreme Court Approved Family Law Forms 12.9835(a)-(c). On its own initiative, in response to Chapter 2017-117, Laws of Florida, the Committee proposes the new forms to address superseding a Department of Revenue administrative order and establishing parental responsibility after a child support order has already been ordered. The Committee approved the proposed forms by a vote of 13-1-3, and The Florida Bar Board of Governors unanimously recommends acceptance of the proposed forms. The Committee published the proposed new forms for comment, but no comments were received. Having reviewed the Committee's proposal, we decline to adopt these new forms at this time.

In Amendments to the Florida Family Law Rules of Procedure and Family Law Forms, 810 So. 2d 1, 13-14 (Fla. 2000), the Court divided the then existing family law forms into two groups: (1) Florida Family Law Rules of Procedure Forms, and (2) Supreme Court Approved Family Law Forms (Approved Forms). The Committee is responsible for review and revision of the Florida Family Law Rules of Procedure Forms, whereas the Court “internally review[s], revise[s], and otherwise maintain[s] the ‘Supreme Court Approved Forms.’ ” Id. at 14. As necessary, the Court sua sponte makes technical and readability changes, and for more substantial amendments, seeks input from an informal “Advisory Workgroup on The Florida Supreme Court Approved Family Law Forms.” Id.

Thus, under Florida Family Law Rule of Procedure 12.015(a), the Committee may propose amendments to the limited list of forms that have been designated “Florida Family Law Rules of Procedure Forms.” Fla. Fam. L. R. P. 12.015(a). However, the new forms proposed by the Committee are designated “Florida Supreme Court Approved Family Law Forms,” which fall outside of the Rule of General Practice and Judicial Administration 2.140 rulemaking procedures and for which the Committee is not responsible. We appreciate the work of the Committee in bringing this issue to the attention of the Court, and the proposals will be forwarded to the Advisory Workgroup on The Florida Supreme Court Approved Family Law Forms as part of the internal review and amendment process under rule 12.015(b).

A True Copy

Test:

John A. Tomasino

Clerk, Supreme Court

MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ., concur.