IN RE: AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—12.913(A)(3). (2018)

Pursuant to the procedures approved in Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 13–14 (Fla. 2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and has decided that amendments to the existing forms are needed, as well as development of a new form. Input was received from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, which provided valuable assistance. We have jurisdiction,¹ and create new form 12.913(a)(3) (Notice of Action for Termination of Parental Rights and Stepparent Adoption) and amend the existing forms as follows.

First, forms 12.902(j) (Notice of Social Security Number) and 12.913(a)(2) (Notice of Action for Family Cases with Minor Child(ren) ) are amended to add the phrase “or dependent” after “minor” as needed to more accurately represent the proper use for each form; the title of form 12.913(a)(2) is similarly amended to read “Notice of Action for Family Cases with Minor or Dependent Child(ren).” Additionally, the instructions to forms 12.902(j) and 12.980(h) (Request for Confidential Filing of Address) are amended to clarify procedures to make certain information required by those forms confidential, pursuant to Florida Rule of Judicial Administration 2.420. The instructions to forms 12.913(a)(2) and 12.921 (Notice of Hearing (Child Support Enforcement Hearing Officer) ) are also amended to clarify when each form should be used and eliminate confusion as to when similarly numbered forms should be used. Form 12.921 is further amended to add language advising litigants whether a hearing will be electronically recorded or if a court reporter will be provided by the court to transcribe the hearing.

Next, form 12.915 (Designation of Current Mailing and E–Mail Address) is amended to add language allowing a litigant to indicate whether he or she is designating an e-mail or mailing address. Form 12.924 (Notice for Trial) is also amended to add language indicating the estimated length of the trial, as required by Florida Family Law Rule of Procedure 12.440(b) (Setting Action for Trial; Notice for Trial).

Last, we create new form 12.913(a)(3) (Notice of Action for Termination of Parental Rights and Stepparent Adoption). This form should be used to obtain constructive service, as required by section 63.088(6), Florida Statutes (2017), in conjunction with form 12.981(b)(1) (Joint Petition for Adoption by Stepparent).

The amended forms and new form 12.913(a)(3) are hereby adopted as set forth in the appendix to this opinion, fully engrossed. The amendments to the forms shall become effective immediately upon the release of this opinion and may be accessed and downloaded from the Florida State Courts' website at http://www.flcourts.org/resources-and-services/court-improvement/familycourts/family-law-forms.stml. By adoption of the new and amended forms, we express no opinion as to their correctness or applicability. We also direct that the amended and new forms be published for comment. Interested persons shall have sixty days from the date of this opinion to file comments with the Court.²

It is so ordered.

APPENDIX

FOOTNOTES

1.   See art. V, § 2(a), Fla. Const.

2.   All comments must be filed with the Court on or before August 20, 2018, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E–Filing Portal (Portal) in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E–Filing Portal, Fla. Admin. Order No. AOSC13–7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Comments filed via the Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17–27 (May 9, 2017). Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399–1927; no additional copies are required or will be accepted.

PER CURIAM.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ., concur.