IN RE: AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—FORMS 12.948(A)-(E) (2020)

This matter is before the Court for consideration of further amendments to the Florida Supreme Court Approved Family Law Forms.¹ Previously in this case, the Court adopted new Florida Supreme Court Approved Family Law Forms 12.948(a)-(e), to implement the Uniform Deployed Parents Custody and Visitation Act, part IV of chapter 61, Florida Statutes (2018). In re Amendments to Fla. Supreme Court Approved Family Law Forms—Forms 12.948(a)-(e), 44 Fla. L. Weekly S273, ––– So.3d ––––, 2019 WL 6598348 (Fla. Dec. 5, 2019). After adoption of the new forms, interested parties were permitted to file comments with the Court. Two comments were received: one from the Orange County Clerk of Courts; the other from the Family Law Section of The Florida Bar.

Upon consideration of the comments, and having received input from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, we adopt many of the suggestions therein, amending forms 12.948(a)-(e) to clarify and correct the forms as necessary and to revise the notary certificates to reflect new procedures for online notarization in accordance with section 117.05(13), Florida Statutes (2019). However, with regard to several comments received, including that the instructions to the forms be amended to add the Space Force to the list of “uniformed services” and to expand the definition of deployment, we conclude that such comments address provisions in the forms that track the statutory language, and thus, we are unable to change those provisions without changes to the statutes.

The amended forms are adopted as set forth in the appendix to this opinion, fully engrossed and ready for use. The forms shall become effective immediately upon release of this opinion. The forms 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 amended forms, we express no opinion as to their correctness or applicability.

It is so ordered.

APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.948(a) AGREEMENT GRANTING TEMPORARY CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (07/20)

When should this form be used?

This form should be used when one parent who is a servicemember is being deployed and the parties wish to temporarily establish or change the custodial responsibility, parenting plan, or time-sharing schedule.

A servicemember is a member of the uniformed services and includes:

• Active and reserve components of the Army, Navy, Air Force, Marine Corps, or the Coast Guard of the United States;

• The United States Merchant Marine;

• The commissioned corps of the United States Public Health Service;

• The commissioned corps of the National Oceanic and Atmospheric Administration;

• The National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia.

Deployment means the movement or mobilization of a servicemember for less than 18 months pursuant to uniformed service orders that:

• Are designated as unaccompanied;

• Do not authorize dependent travel; or

• Otherwise do not permit the movement of family members to the location to which the service member is deployed.

Custodial responsibility includes all the powers and duties relating to caretaking authority and decisionmaking authority for a child. It includes physical custody, legal custody, parental responsibility, parenting time, right to access, time-sharing, visitation, and authority to grant limited contact with a child.

Caretaking authority means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, time-sharing, and visitation.

Decisionmaking authority means the power to make important decisions regarding a child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority.

Limited contact means the authority of a Nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the child's residence.

This agreement is temporary and automatically terminates 30 days after the Deploying Parent gives notice of his/her return from deployment to the Other Parent, unless the parties agree otherwise in writing or in a record, or the agreement has been terminated by court order.

A Nonparent who is an adult family member of the child or a non-family member with whom the child has a close and substantial relationship may be granted temporary caretaking authority, decisionmaking authority, and/or limited contact. A close and substantial relationship means a positive relationship of substantial duration and depth in which a significant emotional bond exists between a child and a Nonparent.

The Agreement Granting Temporary Custodial Responsibility During Deployment must:

• To the extent permissible, identify the destination, duration, and conditions of the deployment that is the basis for the agreement;

• Specify the allocation of caretaking authority among the Deploying Parent, the Other Parent, and any agreed-upon Nonparent;

• Specify any decisionmaking authority that accompanies a grant of caretaking authority;

•—Specify any grant of limited contact to an agreed-upon Nonparent;

• Provide a process to resolve any dispute that may arise if custodial responsibility is shared by the Other Parent and an agreed-upon Nonparent, or by other agreed-upon Nonparents.

• Specify the frequency, duration, and means, including electronic means, by which the Deploying Parent will have contact with the children, any role to be played by the Other Parent or agreed-upon Nonparent in facilitating the contact, and the allocation of costs of contact;

• Specify contact between the Deploying Parent and children during the time the Deploying Parent is on leave or is otherwise available;

• Acknowledge that the agreement does not modify any existing child support obligation and that changing the terms of the obligation during deployment requires modification in the appropriate court;

• Provide that the agreement will terminate 30 days after the Deploying Parent gives notice of his/her return from deployment to the Other Parent, or as otherwise agreed upon in writing or in a record by the Deploying Parent and the Other Parent; and

• Specify which parent is required to file the agreement with the court.

Omission of any of the above does not invalidate the agreement.

This standard form does not include every possible issue that may be relevant to the facts of your case. The Agreement should be as detailed as possible to address the needs of the children. In developing the Agreement, you may wish to consult or review other materials which are available at your local library, law library or through national and state family organizations.

What should I do next?

This form should be typed or printed in black ink. You must fill in all sections of the form. After completing the form, you should sign the form before a notary public or deputy clerk. A military member may sign before an officer authorized to administer oaths.

For your case to proceed, you must properly notify the court by filing the original of the Agreement and a Motion for Temporary Order Granting Custodial Responsibility During Deployment, Florida Supreme Court Approved Family Law Form, 12.948(b), with the clerk of the circuit court. You should file the original with the clerk of the circuit court and keep a copy for your records. The Motion must be filed in a pending proceeding for custodial responsibility or an existing case if you have one. The caption and case number must be on the agreement. If there is not a pending proceeding, the motion must be filed in a new action. The court must have jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act. Each party to the agreement and any nonparent exercising caretaking authority must sign the agreement with their complete street address, (Post Office Box is not acceptable except for deployed members), telephone number, and e-mail address if available. Use of an e-mail address is encouraged.

If you have filed all of the required papers, you may contact the clerk of court, family law intake staff or the judicial assistant to set a hearing. You must notify the other party(ies) of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. If the Motion for Temporary Order Granting Custodial Responsibility During Deployment is filed before the deploying parent deploys, you may request an expedited hearing. The court will then enter an order after the hearing.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic

mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see chapter 61.703-61.773, Florida Statutes.

Special Notes

Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.948(b)

MOTION FOR TEMPORARY ORDER GRANTING CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (07/20)

When should this form be used?

This form should be used when one parent who is a servicemember is being deployed and either parent wishes to temporarily establish or change the custodial responsibility, parenting plan, or time-sharing schedule. This form cannot be used unless paternity has been established, whether or not parental responsibility, a parenting plan, and/or a time-sharing schedule have been established. This form should not be used if the action is prohibited by the Service Members Civil Relief Act, 50 U.S.C. ss. 3901-4043. The Motion should be filed after a parent receives a Notice of Deployment.

A servicemember is a member of the uniformed services and includes:

• Active and reserve components of the Army, Navy, Air Force, Marine Corps, or the Coast Guard of the United States

• The United States Merchant Marine

• The commissioned corps of the United States Public Health Service

• The commissioned corps of the National Oceanic and Atmospheric Administration

• The National Guard of a state or territory of the United States, Puerto Rico, or the District of Columbia

Deployment means the movement or mobilization of a servicemember for less than 18 months pursuant to uniformed service orders that:

• Are designated as unaccompanied;

• Do not authorize dependent travel; or

• Otherwise do not permit the movement of family members to the location to which the service member is deployed.

Custodial responsibility includes all the powers and duties relating to caretaking authority and decisionmaking authority for a child. It includes physical custody, legal custody, parental responsibility, parenting time, right to access, time-sharing, visitation, and authority to grant limited contact with a child.

Caretaking authority means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, time-sharing, and visitation.

Decisionmaking authority means the power to make important decisions regarding a child, including decisions regarding a child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority.

Limited contact means the authority of a Nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the child's residence.

A Nonparent who is an adult family member of the child or a non-family member with whom the child has a close and substantial relationship may be granted temporary caretaking authority. A close and substantial relationship means a positive relationship of substantial duration and depth in which a significant emotional bond exists between a child and a Nonparent.

What should I do next?

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk or in the case of an active duty member, before an officer authorized to administer oaths.

You should file the original with the clerk of the circuit court and keep a copy for your records. The Motion must be filed in a pending proceeding for custodial responsibility or an existing case if you have one. If there is not a pending proceeding, the motion must be filed in a new action. The court must have jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

If you have filed all of the required papers, you may contact the clerk of court, family law intake staff or the judicial assistant to set a hearing. You must notify the other party(ies) of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. If the Motion for Temporary Order Granting Custodial Responsibility During Deployment is filed before the deploying parent deploys, you may request an expedited hearing. The court will then enter an order after the hearing.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You many find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see sections 61.703-61.773, Florida Statutes.

Special notes

If you do not have the money to pay the filing fee, you may obtain an Application for Determination of Civil Indigent Status from the clerk, fill it out, and the clerk will determine whether you are eligible to have filing fees deferred.

With this form, you must also file the following:

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

• Settlement Agreement, if you have reached an agreement on any or all of the issues, you should file an Agreement Granting Temporary Custodial Responsibility During Deployment, Florida Supreme Court Approved Family Law Form 12.948(a).

• Notice of Social Security Number, Florida Supreme Court Approved Family Law Form 12.902(j), if not previously filed.

Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.948(d)

MOTION TO MODIFY OR TERMINATE TEMPORARY GRANT OF CUSTODIAL RESPONSIBILITY OR LIMITED CONTACT DURING DEPLOYMENT (07/20)

When should this form be used?

This form should be used when you are asking the court to modify or terminate a temporary grant of custodial responsibility during deployment. The Motion must be consistent with the Servicemembers Civil Relief Act, 50 U.S.C. ss. 3902-4043. The Motion may be filed by the Deploying Parent, the Other Parent, or any Nonparent who was granted caretaking authority. A temporary grant of custodial modification or limited contact, and any modification, is temporary and terminates 30 days after the Deploying Parent gives notice of his/her return from deployment to the Other Parent, unless the temporary grant of custodial responsibility or limited contact has been terminated before that time by court order

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. A military member may sign before a military officer authorized to administer oaths. You should file the Motion in the case where the Order Granting Temporary Custodial Responsibility During Deployment was entered. You should file the original with the clerk of the circuit court and keep a copy for your records.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.

What should I do next?

For your case to proceed, you must certify that you have sent a copy of the Motion to all the other parties, including any Nonparty granted caretaking authority. If you have filed all of the required papers, you may contact the clerk of court, family law intake staff or the judicial assistant to set a hearing. You must notify the other party(ies) of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there. For further information, see sections 61.703-61.773, Florida Statutes.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Special notes

Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.948(e), AGREEMENT TO TERMINATE ORDER GRANTING TEMPORARY CUSTODIAL RESPONSIBILITY DURING DEPLOYMENT (07/20)

When should this form be used?

This form may be filed after a Deploying Parent returns from deployment and the Deploying Parent and the Other Parent seek to terminate an Order Granting Temporary Custodial Responsibility or an Agreement Granting Temporary Custodial Responsibility During Deployment. If the Deploying Parent and Other Parent choose not to file this form, any order granting or modifying temporary custodial responsibility during deployment automatically terminates 30 days after the Deploying Parent gives notice of his/her return from deployment to the Other Parent unless the parties have agreed otherwise in writing or in a record, or the order has been terminated by court order.

If the Deploying Parent and Other Parent choose not to file this form, any order granting or modifying temporary custodial responsibility during deployment automatically terminates 30 days after the Deploying Parent gives notice of his/her return from deployment to the Other Parent, unless the parties have agreed otherwise in writing or in a record, or the order has been terminated by the court.

This form should be typed or printed in black ink. After completing this form, you should file _the original with the clerk of the circuit court in the county where the Order Granting Temporary Custodial Responsibility was entered and keep a copy for your records.

If you have filed all of the required papers, you may contact the clerk of court, family law intake staff or the judicial assistant to set a hearing. You must notify the other party(ies) of the hearing by using a Notice of Hearing (General), Florida Supreme Court Approved Family Law Form 12.923, or other appropriate notice of hearing form. The court will then enter an order after the hearing.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read andfollowed.

What should I do next?

A copy of this form must be mailed, e-mailed, or hand delivered to the other party, along with a notice of hearing.

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. The words that are in “bold underline” in these instructions are defined there.

For further information, see sections 61.703-61.773, Florida Statutes.

Special notes

Nonlawyer. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.

FOOTNOTES

1.   We have jurisdiction. See art. V, § 2(a), Fla. Const.

PER CURIAM.

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