IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—12.961. (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 an existing form are needed. See Fla. R. Jud. Admin. 2.140(d). 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 amend form 12.961 (Notice of Hearing on Motion for Contempt/Enforcement in Support Matters) as follows.

First, in the first paragraph of the instructions to form 12.961, we replace “should” with “must” to more accurately reflect a party's obligation to coordinate with the presiding judge or hearing officer and the opposing party to set a date and time for a hearing using this form. Next, we amend the language in the instructions to the form regarding service of process, following the Fourth District Court of Appeal's opinion in Department of Revenue ex rel. Baker v. Baker, 232 So.3d 1045 (Fla. 4th DCA 2017). We remove language from the instructions requiring that the notice of hearing be personally served on the alleged contemnor, and indicate that service by mail is allowed. We retain language advising litigants that in some circumstances a court may not consider service by mail to be adequate.

The amended form is hereby adopted as set forth in the appendix to this opinion, fully engrossed. The amendments to the form 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/family-courts/family-law-forms.stml. By adoption of the amended form, we express no opinion as to its correctness or applicability. We also direct that the amended form 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 November 26, 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.

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