IN RE: AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—FORM 12.961. (2018)

This matter is before the Court for consideration of proposed amendments to the Florida Supreme Court Approved Family Law Forms. We have jurisdiction. See art. V, § 2(a), Fla. Const.

Under Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 13-14 (Fla. 2000), the Court internally reviews and maintains the Florida Supreme Court Approved Family Law Forms. Previously in this case, we adopted amendments to Florida Supreme Court Approved Family Law Form 12.961 (Notice of Hearing on Motion for Contempt/Enforcement in Support Matters). The amendments added language to the form in order to clearly notify an alleged contemnor that his or her present ability to pay is a critical issue in the proceeding and that he or she will be provided an opportunity during the contempt hearing to respond to allegations and questions about his or her financial status, in accordance with Turner v. Rogers, 564 U.S. 431, 131 S.Ct. 2507, 180 L.Ed.2d 452 (2011). In re Amends. to Fla. Supreme Ct. Approved Fam. L. Forms—Form 12.961, 232 So.3d 285, 285 (Fla. 2017). Additionally, the language of the form also advises the alleged contemnor whether the proceedings will be recorded electronically or by a court reporter, pursuant to Florida Family Law Rule of Procedure 12.615 (Civil Contempt in Support Matters). Id. After adoption of the amendments to form 12.961, interested parties were permitted to file comments with the Court; two comments were filed proposing additional revisions to form 12.961—one from Sasser, Cestero & Sasser, P.A., and the other from the Family Law Rules Committee.

Upon consideration of the comments, and having received input from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms (Workgroup), we adopt additional amendments suggested by Sasser, Cestero & Sasser, P.A. to form 12.961 to add an additional option to the recording notification that we previously adopted in this case. In addition to the options notifying the alleged contemnor whether the proceedings will be recorded electronically or by a court reporter, we add a third option advising an alleged contemnor, option “c” which states: “No electronic recording is provided by the court and the court does not provide a court reporter. A party may provide a court reporter at that party's expense.”

As to whether to amend form 12.961 to convert it to a universal form, we have considered the comments of the Family Law Rules Committee that the form should be made a universal form. However, after considering the recommendations of the Workgroup, we decline to make that change. Several members of the Workgroup felt that inclusion of the language for both General Magistrates and Child Support Hearing officers in one form would be confusing for self-represented litigants.

While we thank the Family Law Rules Committee and the hardworking Workgroup for their additional proposals to form 12.921 and form 12.920(c), we determine that any further proposed amendments should be handled in a separate case. Specifically, as to form 12.920(c), any proposal must be filed by the Florida Family Law Rules Committee since this form is a Florida Family Law Rules of Procedure form.

The amended form is adopted as set forth in the appendix to this opinion, fully engrossed and ready for use. The form shall become effective immediately upon release of this opinion. The form may be accessed and downloaded from the Florida State Courts' website at http://www.flcourts.org/resources-andservices/court-improvement/family-courts/family-law-forms.stml. By adoption of the form, we express no opinion as to its correctness or applicability.

It is so ordered.

PER CURIAM.

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