Amendments To The Florida Rules Of Judicial Administration, The Florida Rules Of Civil Procedure, The Florida Rules Of Criminal Procedure, The Florida Probate Rules, The Florida Rules Of Traffic Court, The Florida Small Claims Rules, The Florida Rules Of Juvenile Procedure, The Florida Rules Of Appellate Procedure, And The Florida Family Law Rules Of Procedure - E-Mail Service Rule - Corrected Opinion

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Supreme Court of Florida ____________ No. SC10-2101 ____________ IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION, THE FLORIDA RULES OF CIVIL PROCEDURE, THE FLORIDA RULES OF CRIMINAL PROCEDURE, THE FLORIDA PROBATE RULES, THE FLORIDA RULES OF TRAFFIC COURT, THE FLORIDA SMALL CLAIMS RULES, THE FLORIDA RULES OF JUVENILE PROCEDURE, THE FLORIDA RULES OF APPELLATE PROCEDURE, AND THE FLORIDA FAMILY LAW RULES OF PROCEDURE E-MAIL SERVICE RULE. [June 21, 2012] PER CURIAM. This matter is before the Court for consideration of proposed amendments to the Florida Rules of Judicial Administration and conforming amendments to the Florida Rules of Civil Procedure, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Rules of Traffic Court, the Florida Small Claims Rules, the Florida Rules of Juvenile Procedure, the Florida Rules of Appellate Procedure, and the Florida Family Law Rules of Procedure and Forms. We have jurisdiction. See art. V, § 2(a), Fla. Const. The chair of The Florida Bar Rules of Judicial Administration Committee (the RJA Committee), together with the committee chairs for each body of court rules identified above, filed an out-of-cycle report proposing new Florida Rule of Judicial Administration 2.516 (Service of Pleadings and Documents), which would implement mandatory e-mail service for all cases in Florida. The committees also propose amendments to conform existing court rules to new rule 2.516. We adopt the amendments as proposed. BACKGROUND In June 2009, each of The Florida Bar s rules committees was asked to designate one of its members to serve on the Joint E-mail Service Committee (the Joint Committee), tasked to explore the possibility of a comprehensive proposal to implement e-mail service in Florida. In preparing its proposals, the Joint Committee determined that a single rule addressing e-mail service should be placed in the Florida Rules of Judicial Administration. Accordingly, the RJA Committee developed new Florida Rule of Judicial Administration 2.516 (Service of Pleadings and Papers). All of the rules committees have endorsed and approved this rule in concept. 1 The rules committees also have proposed various amendments to conform the other bodies of court rules to rule 2.516. The Florida 1. Although the Criminal Procedure Rules Committee endorsed new rule 2.516, it also expressed concerns in the original joint report related to making email service mandatory in criminal cases. These concerns are discussed later in this opinion. -2- Bar Board of Governors approved the entire package of proposals by a vote of 36 to 3. After the joint report was submitted to the Court, the proposals were published for comment. The Court received several comments from members of the Bar, as well as from the Florida Public Defender Association, the Judicial Technology Committee of the Palm Beach County Bar Association, the Family Law Rules Committee, and the Family Law Section of The Florida Bar. The RJA Committee, on behalf of all the rules committees, filed a response to these comments. While this case was pending before the Court, the rules committees filed a joint out-of-cycle report proposing various rule amendments to implement mandatory electronic filing procedures in Florida courts. See In re Amends. to Fla. Rules of Civ. Pro., Fla. Rules of Jud. Admin., Fla. Rules of Crim. Pro., Fla. Probate Rules, Fla. Small Claims Rules, Fla. Rules of Juv. Pro., Fla. Rules of App. Pro., & Fla. Family Law Rules of Pro. Electronic Filing, No. SC11-399 (Fla. Petition filed Feb. 28, 2011) (In re Electronic Filing). After the oral arguments in this case and in In re Electronic Filing, we determined that certain aspects of these cases warranted further examination. Accordingly, we directed the RJA Committee and -3- the Florida Courts Technology Commission (FCTC) to convene a workgroup 2 and submit a supplemental report addressing several specific areas of concern. See In re Electronic Filing, No. SC11-399 (Fla. order entered Dec. 6, 2011). As is relevant here, we directed the workgroup to address how the implementation plan (for the new electronic filing procedures) proposed in In re Electronic Filing would impact the electronic service requirements proposed here. The RJA Committee and the FCTC filed a supplemental report addressing this concern. There were no comments on the supplemental report. After considering the original joint report, the comments filed, the issues discussed at oral argument, and the information provided in the supplemental report, we adopt new Florida Rule of Judicial Administration 2.516 as well as the conforming amendments to the rules of procedure, as set forth below. AMENDMENTS The central rule adopted in this case is new Florida Rule of Judicial Administration 2.516 (Service of Pleadings and Papers). This rule was modeled after current Florida Rule of Civil Procedure 1.080 (Service of Pleadings and Papers) and includes many of the same provisions and requirements for service. 2. The Court s order indicated that the workgroup should include, but not be limited to, representatives from the Criminal Procedure Rules Committee, the Florida Prosecuting Attorneys Association, the Florida Public Defender Association, and the Florida Association of Court Clerks and Comptrollers. -4- However, new rule 2.516 provides that all documents required or permitted to be served on another party must be served by e-mail. Under subdivision (b)(1) (Service by Electronic Mail ( e-mail )), upon appearing in a proceeding a lawyer must designate a primary e-mail address, and may designate up to two secondary e-mail addresses, for receiving service. Thereafter, service on the lawyer must be made by e-mail. The rule does permit several limited exceptions to this requirement. A lawyer may file a motion to be excused from e-mail service, demonstrating that he or she has no e-mail account and lacks access to the Internet at the lawyer s office.3 Similarly, individuals who are not represented by an attorney may designate an e-mail address for service if they wish; however, pro se litigants are not required to use e-mail service. Additionally, applications for witness subpoenas and documents served by formal notice or required to be served in the manner provided for service of formal notice are not required to comply with rule 2.516. 3. Service on or by attorneys excused from e-mail service and service on or by pro se litigants who do not designate an e-mail address must be made in accordance with rule 2.516(b)(2). This subdivision of the rule provides for service by delivering a copy of the document or by mailing it to the party or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. -5- Subdivision (b)(1) also includes provisions addressing the time and format for e-mail service. Service by e-mail is deemed complete when the e-mail is sent.4 Additionally, e-mail service is made by attaching a copy of the document to be served in PDF format to an e-mail. The e-mail must contain the subject line SERVICE OF COURT DOCUMENT in all capital letters, followed by the case number of the relevant proceeding. The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the sender s name and telephone number. The e-mail and attachments together may not exceed 5 megabytes in size; e-mails that exceed the size requirement must be divided into separate e-mails (no one of which may exceed 5 megabytes) and labeled sequentially in the subject line. As noted, the other subdivisions in rule 2.516 closely track the language in rule 1.080, modified to reflect the move to e-mail service. Subdivision (c) (Service; Numerous Defendants) describes procedures for service when the parties are unusually numerous ; subdivision (d) (Filing) requires that all original documents must be filed with the court either before service on the opposing party or immediately thereafter; and subdivision (e) (Filing Defined) states that 4. Subdivision (b)(1)(D)(iii) provides that e-mail service is treated as service by mail for the computation of time. -6- documents are deemed filed when they are filed with the clerk of court. Subdivisions (g) (Service by Clerk) and (h) (Service of Orders) address service of notices or other such documents by the clerk, and service of orders or judgments entered by the court, respectively. These subdivisions authorize, but do not require, the clerks and the courts to utilize e-mail service if they are equipped to do so. In addition to new rule 2.516, we also amend the rules of procedure to delete existing provisions in the rules describing service, and add new language referencing rule 2.516. IMPLEMENTATION As originally proposed in the joint report, rule 2.516 was intended to be both mandatory and uniform, such that e-mail service would be mandatory in all types of cases in Florida. The rules committees also urged the Court to make e-mail service mandatory as soon as practicable. The Criminal Procedure Rules Committee (CPR Committee) and the Florida Public Defender Association (FPDA) have raised concerns about the move to mandatory e-mail service in criminal cases. The CPR Committee and the FPDA asserted that, until the Court adopts an electronic filing rule, lawyers in the offices of the state attorneys, public defenders, and regional counsel will be required to serve paper documents to the court and electronic copies of the same documents on -7- opposing counsel. The commenters also maintained that the public defenders, state attorneys, and regional counsel have limited budgets which may not be able to support the costs required to immediately upgrade technology and train personnel in order to meet the new requirements. In the supplemental report submitted to the Court, the workgroup (which included representatives from the both the CPR Committee and FPDA) further clarified this concern. The workgroup recommended that attorneys who practice in the criminal, traffic, and juvenile court systems should be permitted, but not required, to follow e-mail service procedures. It suggested that mandatory e-mail service for practitioners in the criminal, traffic, and juvenile divisions should be delayed until electronic filing is mandatory for this group. See Joint Supplemental Report at 15 (Mar. 6, 2012) (on file with the Court in Case Nos. SC10-2101 and SC11-399). We accept the workgroup s recommendation to delay mandatory e-mail service in the criminal, traffic, and juvenile divisions of the trial court until electronic filing is also mandatory in these divisions. Accordingly, the rule amendments that we adopt in this case will become effective July 1, 2012, at 12:01 a.m.; however, they will be implemented as set forth in this opinion. -8- First, e-mail service will be mandatory for attorneys practicing in the civil, probate, small claims, and family law divisions of the trial courts, as well as in all appellate cases, when the rule amendments take effect on July 1, 2012. Second, when the rules take effect on July 1, attorneys practicing in the criminal, traffic, and juvenile divisions 5 of the trial court may voluntarily choose to serve documents by e-mail under the new procedures, or they may continue to operate under the existing rules. E-mail service will be mandatory for attorneys practicing in these divisions on October 1, 2013, at 12:01 a.m. (the date on which electronic filing will be mandatory in these divisions). See In re Electronic Filing, No. SC11-399, slip op. at 22 (Fla. June 21, 2012). Finally, we note that, pursuant to rule 2.516(b)(1), self-represented parties involved in any type of case in any Florida court, may, but are not required to, serve documents by e-mail. Attorneys excused from e-mail service are also not obligated to comply with the new e-mail service requirements. CONCLUSION Accordingly, we adopt new Florida Rule of Judicial Administration 2.516, and amend the Florida Rules of Judicial Administration, the Florida Rules of Civil Procedure, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the 5. This includes juvenile delinquency proceedings, dependency and termination of parental rights proceedings, and proceedings for families and children in need of services. -9- Florida Rules of Traffic Court, the Florida Small Claims Rules, the Florida Rules of Juvenile Procedure, the Florida Rules of Appellate Procedure, and the Florida Family Law Rules of Procedure as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. We also amend the Family Law Forms as set forth in the appendix to this opinion, fully engrossed and ready for use on the effective date of the amendments. The forms can be accessed and downloaded from this Court s website at www.flcourts.org/gen_public/family/forms_rules/index.shtml. By adopting the amended forms, we express no opinion as to their correctness or applicability. As set forth above, the amendments to the rules and forms shall become effective July 1, 2012, at 12:01 a.m. It is so ordered. CANADY, C.J, and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS. Original Proceedings The Florida Rules of Judicial Administration, The Florida Rules of Civil Procedure, The Florida Rules of Criminal Procedure, The Florida Probate Rules, The Florida Rules of Traffic Court, The Florida Small Claims - 10 - Rules, The Florida Rules of Juvenile Procedure, The Florida Rules of Appellate Procedure, and The Florida Family Law Rules of Procedure Kevin D. Johnson, Chair, Civil Procedure Rules Committee, Thompson, Sizemore, Gonzalez & Hearing, P.A., Tampa, Florida; Donald E. Scaglione, Chair, Criminal Procedure Rules Committee, Brooksville, Florida; John C. Moran, Co-Chair, Probate Rules Committee, Gunster, Yoakley & Stewart, P.A., West Palm Beach, Florida and Tasha K. Pepper-Dickinson, Co-Chair, Probate Rules Committee, Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, Florida; Jill M. Hampton, Chair, Traffic Court Rules Committee, Orlando, Florida; Judson L. Cohen, Chair, Small Claims Rules Committee, Cohen Law Offices, Miami, Florida; Joel M. Silvershein, Chair, Juvenile Court Rules Committee, Office of State Attorney, Fort Lauderdale, Florida; Jamie B. Moses, Chair, Appellate Court Rules Committee, Fisher, Rushmer, et al., Orlando, Florida; Ashley McCorvey Myers, Chair, Family Law Rules Committee, McCorvey & Myers, Jacksonville, Florida, for Petitioners Charles E. Ray of Charles E. Ray, P.A., Port Saint Lucie, Florida; Lynn W. Rhodes of Lynn W. Rhodes, P.A., Bartow, Florida; Kurt E. Lee of Kirk and Pinkerton, P.A., Sarasota, Florida; Steven P. Combs, Chair, Family Law Rules Committee, Jacksonville, Florida; Walter C. Jones, IV of Freeman & Jones, LLC, Palm Beach Gardens, Florida; Honorable Nancy Daniels, Public Defender, Second Judicial Circuit, Tallahassee, Florida; Diane M. Kirigin, General Magistrate, Delray Beach, Florida and Matthew B. Capstraw of Norman D. Levin, P.A., Longwood, Florida, Responding with Comments - 11 - APPENDIX RULE 1.080. SERVICE OF PLEADINGS, AND PAPERSORDERS, AND DOCUMENTS (a) Service; When Required. Unless the court otherwise orders, every pleading subsequent to the initial pleading and every other paper filed in the action, except applications for witness subpoena, shall be served on each party. No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them shall be served in the manner provided for service of summons. (b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service on the attorney or party shall be made by delivering a copy or mailing it to the attorney or the party at the last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail shall be complete upon mailing. Delivery of a copy within this rule shall be complete upon: (1) handing it to the attorney or to the party, (2) leaving it at the attorney s or party s office with a clerk or other person in charge thereof, (3) if there is no one in charge, leaving it in a conspicuous place therein, (4) if the office is closed or the person to be served has no office, leaving it at the person s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (5) transmitting it by facsimile to the attorney s or party s office with a cover sheet containing the sender s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy shall also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. Service by delivery shall be deemed complete on the date of the delivery. (c) Service; Numerous Defendants. In actions when the parties are unusually numerous, the court may regulate the service contemplated by these rules on motion or on its initiative in such manner as may be found to be just and reasonable. (d) Filing. All original papers shall be filed with the court either before service or immediately thereafter, unless otherwise provided for by general law or - 12 - other rules. If the original of any bond or other paper is not placed in the court file, a certified copy shall be so placed by the clerk. (e) Filing Defined. The filing of papers with the court as required by these rules shall be made by filing them with the clerk, except that the judge may permit papers to be filed with the judge, in which event the judge shall note the filing date before him or her on the papers and transmit them to the clerk. The date of filing is that shown on the face of the paper by the judge s notation or the clerk s time stamp, whichever is earlier. (f) Certificate of Service. When any attorney shall certify in substance: I certify that a copy hereof has been furnished to (here insert name or names) by (delivery) (mail) (fax) on ..... (date) ...... Attorney the certificate shall be taken as prima facie proof of such service in compliance with these rules. (g) Service by Clerk. If a party who is not represented by an attorney files a paper that does not show service of a copy on other parties, the clerk shall serve a copy of it on other parties as provided in subdivision (b). (h) Service of Orders. (1) A copy of all orders or judgments shall be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. No service need be made on parties against whom a default has been entered except orders setting an action for trial as prescribed in rule 1.440(c) and final judgments that shall be prepared and served as provided in subdivision (h)(2). The court may require that orders or judgments be prepared by a party, may require the party to furnish the court with stamped, addressed envelopes for service of the order or judgment, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. (2) When a final judgment is entered against a party in default, the court shall mail a conformed copy of it to the party. The party in whose favor the judgment is entered shall furnish the court with a copy of the judgment, unless it is - 13 - prepared by the court, and the address of the party to be served. If the address is unknown, the copy need not be furnished. (3) This subdivision is directory and a failure to comply with it does not affect the order or judgment or its finality or any proceedings arising in the action. Committee Notes 1971 Amendment. Subdivision (g) is added to cover the situation when a party responds by a letter to the clerk and the letter may constitute the party s answer. The clerk is then required to furnish copies to parties who have appeared in the action and who are not shown to have received copies. It is not intended to apply to those litigious persons appearing in proper person who are familiar with the requirements of the rules. Subdivision (h) is added and the first part regulates the service of copies of orders. When a party is charged with preparation of an order, it requires service of the proposed form on other parties and delivery of sufficient copies to the court to be conformed and furnished to all parties after entry The second part is intended to notify defendant whose address is known of the determination of the action by the court. Failure to comply with either part of subdivision (h) does not affect the order or judgment in any manner. 1972 Amendment. Subdivision (h) is amended because confusion has resulted in its application. Use of the term party has been misconstrued. It must be read in conjunction with subdivision (b) of the rule. When service can be made on an attorney, it should be made on the attorney. The term party is used throughout the rules because subdivision (b) makes the necessary substitution of the party s attorney throughout the rules. No certificate of service is required. The notation with the names of the persons served with a proposed form is not to be signed. The committee intended for the court to know who had been served only. Otherwise, the committee would have used the form of certificate of service in subdivision (f). Submission of copies and mailing of them by the court has proved cumbersome in practice and so it is deleted. The purpose of the rule was to ensure that all parties had an opportunity to see the proposed form before entry by the court. 1976 Amendment. The amendment made to this rule on July 26, 1972, was intended according to the committee notes [t]o assure that all parties had an opportunity to see the proposed form before entry by the Court. This change followed on the heels of the 1971 amendment, which the committee felt had been - 14 - confusing. Two changes have been made to subdivision (h)(1), which have resulted in a wholesale redrafting of the rule. First, the provision requiring the submission of proposed orders to all counsel prior to entry by the court has been deleted, any inaccuracies in an order submitted to the court being remediable either by the court s own vigilance or later application by an interested party. Secondly, the rule now requires that conformed copies of any order entered by the court must be mailed to all parties of record in all instances (and to defaulted parties in 2 specified instances), for purposes of advising them of the date of the court s action as well as the substance of such action. Nothing in this new rule is meant to limit the power of the court to delegate the ministerial function of preparing orders. 1992 Amendment. Subdivisions (b) and (f) are amended to allow service pursuant to this rule to be made by facsimile. Facsimile or fax is a copy of a paper transmitted by electronic means to a printer receiving the transmission at a designated telephone number. When service is made by facsimile or fax, a second copy must be served by any other method permitted by this rule to ensure that a legible copy is received. Court Commentary 1984 Amendment. The committee is recommending an amendment to rule 1.530(b) to cure the confusion created by Casto v. Casto, 404 So. 2d 1046 (Fla. 4th DCA 1980). That recommendation requires an amendment to rule 1.080(e) specifying that the date of filing is that shown on the face of the paper. Every pleading subsequent to the initial pleading and every other document filed in the action must be served in conformity with the requirements of Florida Rule of Judicial Administration 2.516. RULE 1.170. (a) (f) COUNTERCLAIMS AND CROSSCLAIMS [No Change] (g) Crossclaim against Co-Party. A pleading may state as a crossclaim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter of either the original action or a counterclaim therein, or relating to any property that is the subject matter of the original action. The crossclaim may include a claim that the party against whom it is asserted is or - 15 - may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant. Service of a crossclaim on a party who has appeared in the action shall be made pursuant to rule 1.080(b). Service of a crossclaim against a party who has not appeared in the action shall be made in the manner provided for service of summons. (h) (j) [No Change] Committee Notes 1972 1988 Amendments. [No Change] 2012 Amendment. Subdivision (g) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. RULE 1.351. (a) PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION [No Change] (b) Procedure. A party desiring production under this rule shall serve notice as provided in rule 1.080 on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if service is by delivery and 15 days before the subpoena is issued if the service is by mail or email. The proposed subpoena shall be attached to the notice and shall state the time, place, and method for production of the documents or things, and the name and address of the person who is to produce the documents or things, if known, and if not known, a general description sufficient to identify the person or the particular class or group to which the person belongs; shall include a designation of the items to be produced; and shall state that the person who will be asked to produce the documents or things has the right to object to the production under this rule and that the person will not be required to surrender the documents or things. A copy of the notice and proposed subpoena shall not be furnished to the person upon whom the subpoena is to be served. If any party serves an objection to production under this rule within 10 days of service of the notice, the documents or things shall not be produced pending resolution of the objection in accordance with subdivision (d). - 16 - (c) (f) [No Change] Committee Notes 1980 Adoption. [No Change] 1996 2010 Amendments. [No Change] 2012 Amendment. Subdivision (b) is amended to include e-mail service as provided in Fla. R. Jud. Admin. 2.516. RULE 1.410. (a) (b) SUBPOENA [No Change] (c) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein, but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive, or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. A party seeking production of evidence at trial which would be subject to a subpoena may compel such production by serving a notice to produce such evidence on an adverse party as provided in rule 1.080(b). Such notice shall have the same effect and be subject to the same limitations as a subpoena served on the party. (d) (h) [No Change] Committee Notes 1972 1996 Amendments. [No Change] 2012 Amendment. Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. - 17 - RULE 1.440. (a) (b) SETTING ACTION FOR TRIAL [No Change] (c) Setting for Trial. If the court finds the action ready to be set for trial, it shall enter an order fixing a date for trial. Trial shall be set not less than 30 days from the service of the notice for trial. By giving the same notice the court may set an action for trial. In actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with rule 1.080(a). (d) [No Change] Committee Notes 1972 1988 Amendments. [No Change] 2012 Amendment. Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. Court Commentary [No Change] RULE 1.442. (a) (b) (c) PROPOSALS FOR SETTLEMENT [No Change] Form and Content of Proposal for Settlement. (1) [No Change] (2) A proposal shall: (A) (F) [No Change] - 18 - (G) include a certificate of service in the form required by rule 1.080(f). (3) (4) (d) (j) [No Change] [No Change] Committee Notes 1996 2000 Amendments. [No Change] 2012 Amendment. Subdivision (c)(2)(G) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. RULE 1.510. (a) (b) SUMMARY JUDGMENT [No Change] (c) Motion and Proceedings Thereon. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence ( summary judgment evidence ) on which the movant relies. The movant shall serve the motion at least 20 days before the time fixed for the hearing, and shall also serve at that time a copy of any summary judgment evidence on which the movant relies that has not already been filed with the court. The adverse party shall identify, by notice mailed to the movant's attorney served pursuant to rule 1.080 at least 5 days prior to the day of the hearing, or delivered no later than 5:00 p.m. 2 business days prior to the day of the hearing, any summary judgment evidence on which the adverse party relies. To the extent that summary judgment evidence has not already been filed with the court, the adverse party shall serve a copy on the movant by mail at least 5 days prior to the day of the hearing, or by delivery to the movant's attorney no later than 5:00 p.m. 2 business days prior to the day of hearing. The judgment sought shall be rendered forthwith if the pleadings and summary judgment evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered - 19 - on the issue of liability alone although there is a genuine issue as to the amount of damages. (d) (g) [No Change] Committee Notes 1976 2005 Amendments. [No Change] 2012 Amendment. Subdivision (c) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. RULE 1.630. (a) (c) EXTRAORDINARY REMEDIES [No Change] (d) Process. If the complaint shows a prima facie case for relief, the court shall issue: (1) a summons in certiorari; (2) an order nisi in prohibition; (3) an alternative writ in mandamus that may incorporate the complaint by reference only; (4) a writ of quo warranto; or (5) a writ of habeas corpus. The writ shall be served in the manner prescribed by law, except the summons in certiorari shall be served as provided in rule 1.080(b). (e) [No Change] Committee Note - 20 - 2012 Amendment. Subdivision (d)(5) is amended to reflect the relocation of the service rule from rule 1.080 to Fla. R. Jud. Admin. 2.516. Court Commentary [No Change] RULE 2.515. SIGNATURE OF ATTORNEYS AND PARTIES (a) Attorney Signature. Every pleading and other paper of a party represented by an attorney shall be signed by at least 1 attorney of record in that attorney s individual name whose current record Florida Bar address, telephone number, including area code, primary e-mail address and secondary e-mail addresses, if any, and Florida Bar number shall be stated, and who shall be duly licensed to practice law in Florida or who shall have received permission to appear in the particular case as provided in rule 2.510. The attorney may be required by the court to give the address of, and to vouch for the attorney s authority to represent, the party. Except when otherwise specifically provided by an applicable rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney shall constitute a certificate by the attorney that the attorney has read the pleading or other paper; that to the best of the attorney s knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or other paper had not been served. (b) (c) RULE 2.516 [No Change] SERVICE OF PLEADINGS AND DOCUMENTS (a) Service; When Required. Unless the court otherwise orders, or a statute or supreme court administrative order specifies a different means of service, every pleading subsequent to the initial pleading and every other document filed in any court proceeding, except applications for witness subpoenas and documents served by formal notice or required to be served in the manner provided for service of formal notice, must be served in accordance with this rule on each party. No - 21 - service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them must be served in the manner provided for service of summons. (b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service must be made upon the attorney unless service upon the party is ordered by the court. (1) Service by Electronic Mail ( e-mail ). All documents required or permitted to be served on another party must be served by e-mail, unless this rule otherwise provides. When, in addition to service by e-mail, the sender also utilizes another means of service provided for in subdivision (b)(2), any differing time limits and other provisions applicable to that other means of service control. (A) Service on Attorneys. Upon appearing in a proceeding, an attorney must serve a designation of a primary e-mail address and may designate no more than two secondary e-mail addresses. Thereafter, service must be directed to all designated e-mail addresses in that proceeding. Every document filed by an attorney thereafter must include the primary e-mail address of that attorney and any secondary e-mail addresses. If an attorney does not designate any e-mail address for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar. (B) Exception to E-mail Service on Attorneys. Service by an attorney on another attorney must be made by e-mail unless excused by the court. Upon motion by an attorney demonstrating that the attorney has no e-mail account and lacks access to the Internet at the attorney s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-mail service must be by the means provided in subdivision (b)(2) of this rule. (C) Service on and by Parties Not Represented by an Attorney. Any party not represented by an attorney may serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(1) of this rule. If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2) of this rule. - 22 - (D) Time of Service. Service by e-mail is complete when it is sent. (i) An e-mail is deemed served on the date it is sent. (ii) If the sender learns that the e-mail did not reach the address of the person to be served, the sender must immediately send another copy by e-mail, or by a means authorized by subdivision (b)(2) of this rule. (iii) E-mail service is treated as service by mail for the computation of time. (E) Format of E-mail for Service. Service of a document by e-mail is made by attaching a copy of the document in PDF format to an e-mail sent to all addresses designated by the attorney or party. (i) All documents served by e-mail must be attached to an e-mail message containing a subject line beginning with the words SERVICE OF COURT DOCUMENT in all capital letters, followed by the case number of the proceeding in which the documents are being served. (ii) The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the sender s name and telephone number. (iii) Any document served by e-mail may be signed by the /s/ format, as long as the filed original is signed in accordance with the applicable rule of procedure. (iv) Any e-mail which, together with its attached documents, exceeds five megabytes (5MB) in size, must be divided and sent as separate e-mails, no one of which may exceed 5MB in size and each of which must be sequentially numbered in the subject line. (2) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made upon attorneys by any of the means specified in this subdivision (b)(2). Service on and by all parties who are not represented by an attorney and who do not designate an e-mail address, and on and by all attorneys excused from e-mail service, must be made by delivering a copy of - 23 - the document or by mailing it to the party or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upon: (A) handing it to the attorney or to the party, (B) leaving it at the attorney s or party s office with a clerk or other person in charge thereof, (C) if there is no one in charge, leaving it in a conspicuous place therein, (D) if the office is closed or the person to be served has no office, leaving it at the person s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (E) transmitting it by facsimile to the attorney s or party s office with a cover sheet containing the sender s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy must also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. (F) Service by delivery after 5:00 p.m. must be deemed to have been made by mailing on the date of delivery. (c) Service; Numerous Defendants. In actions when the parties are unusually numerous, the court may regulate the service contemplated by these rules on motion or on its own initiative in such manner as may be found to be just and reasonable. (d) Filing. All original documents must be filed with the court either before service or immediately thereafter, unless otherwise provided for by general law or other rules. If the original of any bond or other document is not placed in the court file, a certified copy must be so placed by the clerk. (e) Filing Defined. The filing of documents with the court as required by these rules must be made by filing them with the clerk, except that the judge may permit documents to be filed with the judge, in which event the judge must note the filing date before him or her on the documents and transmit them to the clerk. - 24 - The date of filing is that shown on the face of the document by the judge s notation or the clerk s time stamp, whichever is earlier. (f) Certificate of Service. When any attorney certifies in substance: I certify that a copy hereof has been furnished to (here insert name or names and addresses used for service) by (e-mail) (delivery) (mail) (fax) on ..... (date) ¦.. ________________________ Attorney the certificate is taken as prima facie proof of such service in compliance with this rule. (g) Service by Clerk. Service of notices and other documents required to be made by the clerk must also be done as provided in subdivision (b). (h) Service of Orders. (1) A copy of all orders or judgments must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. No service need be made on parties against whom a default has been entered except orders setting an action for trial and final judgments that must be prepared and served as provided in subdivision (h)(2). The court may require that orders or judgments be prepared by a party, may require the party to furnish the court with stamped, addressed envelopes for service of the order or judgment, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. The court may serve any order or judgment by e-mail to all attorneys who have not been excused from e-mail service and to all parties not represented by an attorney who have designated an e-mail address for service. (2) When a final judgment is entered against a party in default, the court must mail a conformed copy of it to the party. The party in whose favor the judgment is entered must furnish the court with a copy of the judgment, unless it is prepared by the court, with the address of the party to be served. If the address is unknown, the copy need not be furnished. - 25 - (3) This subdivision is directory and a failure to comply with it does not affect the order or judgment, its finality, or any proceedings arising in the action. RULE 3.030. SERVICE OF PLEADINGS AND PAPERS (a) Service; When Required. Every pleading subsequent to the initial indictment or information on which a defendant is to be tried unless the court otherwise orders, and every order not entered in open court, every written motion unless it is one about which a hearing ex parte is authorized, and every written notice, demand, and similar paper shall be served on each party in conformity with Florida Rule of Judicial Administration 2.516; however, nothing herein shall be construed to require that a plea of not guilty shall be in writing. (b) Same; How Made. When service is required or permitted to be made on a party represented by an attorney, the service shall be made on the attorney unless service on the party is ordered by the court. Service on the attorney or on a party shall be made by delivering a copy to the party or by mailing it to the party's last known address, or, if no address is known, by leaving it with the clerk of the court who shall place it in the court file. Delivery of a copy within this rule shall mean: (1) handing it to the attorney or to the party; or (2) leaving it at the attorney's office with the secretary or other person in charge; or (3) if there is no one in charge, leaving it in a conspicuous place therein; or (4) if the office is closed or the person to be served has no office, leaving it at the person's usual place of abode with a family member above 15 years of age and informing that person of the contents. Service by mail shall be considered complete upon mailing; or (5) transmitting it electronically to each party with a cover sheet indicating the sender's name, bar number, firm, address, telephone number, facsimile or modem number, and the number of pages transmitted. Electronic - 26 - service occurs when transmission of the last page is complete. Service by delivery or electronic transmission after 5:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday. (c) Filing. All original papers, copies of which are required to be served on parties, must be filed with the court either before service or immediately thereafter. (d) Filing with the Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him or her, in which event the judge shall note thereon the filing date and transmit them to the office of the clerk. Unless any rule expressly provides to the contrary, filing of pleadings and other papers with the court may be made by electronic transmission provided for and in accordance with the Florida Rules of Judicial Administration. (e) Certificate of Service. When any attorney shall in substance certify: I do certify that a copy (copies) hereof (has) (have) been furnished to (here insert name or names) by (delivery) (mail) on ..... (date) ...... Attorney the certificate shall be taken as prima facie proof of service in compliance with all rules of court and law. Committee Notes [No Change] RULE 3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL OR ELECTRONIC MAIL Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper - 27 - on the party and the notice or paper is served on the party by mail or electronic mail, 3 days shall be added to the prescribed period. Committee Notes [No Change] RULE 3.852. (a) (b) (c) CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION [No Change] Filing and Service. (1) [No Change] (2) Service shall be made pursuant to Florida Rule of Criminal Procedure 3.030(b). (3) (4) (d) (m) RULE 5.030. (a) (c) [No Change] [No Change] ATTORNEYS [No Change] Committee Notes [No Change] Rule History 1975 2010 Revisions: [No Change] - 28 - 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.041(b) Service of pleadings and papersdocuments. Fla. Prob. R. 5.110(b), (c) Resident agent. Fla. R. Jud. Admin. 2.505 Attorneys. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. App. P. 9.440 Attorneys. RULE 5.040. (a) NOTICE [No Change] (b) Informal Notice. When informal notice of a petition or other proceeding is required or permitted, it shall be served as provided in rule 5.041(b). (c) (d) [No Change] Committee Notes [No Change] Rule History 1975 2010 Revisions: [No Change] 2012 Revision: Subdivision (b) revised to reflect amendment to rule 5.041. Statutory References [No Change] - 29 - Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.030 Attorneys. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Jud. Admin. 2.505 Attorneys. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. Civ. P. 1.070 Process. Fla. R. Civ. P. Form 1.902 Summons. RULE 5.041. SERVICE OF PLEADINGS AND PAPERSDOCUMENTS (a) Service; When Required. Unless the court orders otherwise, every petition or motion for an order determining rights of an interested person, and every other pleading or paperdocument filed in the particular proceeding which is the subject matter of such petition or motion, except applications for witness subpoenas, shall be served on interested persons as set forth in Florida Rule of Judicial Administration 2.516 unless these rules, the Florida Probate Code, or the Florida Guardianship Law provides otherwise. No service need be made on interested persons against whom a default has been entered, or against whom the matter may otherwise proceed ex parte, unless a new or additional right or demand is asserted. For purposes of this rule an interested person shall be deemed a party under rule 2.516. (b) Service; How Made. When service is required or permitted to be made on an interested person represented by an attorney, service shall be made on the attorney unless service on the interested person is ordered by the court. Except when serving formal notice, or when serving a motion, pleading, or other paper in the manner provided for service of formal notice, service shall be made by delivering or mailing a copy of the motion, pleading, or other paper to the attorney - 30 - or interested person at the last known address or, if no address is known, leaving it with the clerk of the court. If the interested person is a minor whose disabilities of nonage are not removed, and who is not represented by an attorney, then service shall be on the persons designated to accept service of process on a minor under chapter 48, Florida Statutes. Service by mail shall be complete upon mailing except when serving formal notice or when making service in the manner of formal notice. Delivery of a copy within this rule shall be complete upon (1) handing it to the attorney or to the interested person; or (2) leaving it at the attorney s or interested person s office with a clerk or other person in charge thereof; or (3) if there is no one in charge, leaving it in a conspicuous place therein; or (4) if the office is closed or the person to be served has no office, leaving it at the person s usual place of abode with some person of his or her family above 15 years of age and informing that person of the contents; or (5) transmitting it by facsimile to the attorney s or interested person s office with a cover sheet containing the sender s name, firm, address, telephone number, facsimile number, and the number of pages transmitted. When delivery is made by facsimile, a copy shall also be served by any other method permitted by this rule. Facsimile delivery occurs when transmission is complete. Service by delivery after 4:00 p.m. shall be deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday. (c) Service; Numerous Interested Persons. In proceedings when the interested persons are unusually numerous, the court may regulate the service contemplated by these rules on motion or on its initiative in a manner as may be found to be just and reasonable. (d) Filing. All original papers shall be filed either before service or immediately thereafter. If the original of any bond or other paper is not placed in the court file, a certified copy shall be so placed by the clerk. (e) Filing With Court Defined. The filing of papers with the court as required by these rules shall be made by filing them with the clerk, except that the - 31 - judge may permit the papers to be filed with the judge in which event the judge shall note the filing date and transmit the papers to the clerk. The date of filing is that shown on the face of each paper by the judge s notation or the clerk s time stamp, whichever is earlier. (f) Certificate of Service. When any attorney shall certify in substance: I certify that a copy hereof has been served on (here insert name or names) by (delivery) (mail) (fax) on (date). Attorney the certificate shall be taken as prima facie proof of service in compliance with these rules except in case of formal notice or service in the manner of formal notice. A person not represented by an attorney shall certify in the same manner, but the certificate must be verified. (g) Service of Orders. (1) A copy of all orders or judgments determining rights of an interested person shall be transmitted by the court or under its direction at the time of entry of the order or judgment to all interested persons in the particular proceeding. (2) This subdivision (g) is directory, and a failure to comply with it does not affect the order or judgment or its finality. Committee Notes [No Change] Rule History 1984 2010 Revisions: [No Change] 2012 Revision: Portions of subdivision (b) and all of subdivisions (d), (e), (f), and (g) deleted in response to creation of Rule 2.516 of the Rules of Judicial Administration. Committee notes revised. Statutory References - 32 - [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.030 Attorneys. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.150(c) Order requiring accounting. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.240(a) Notice of administration. Fla. Prob. R. 5.340(d) Inventory. Fla. Prob. R. 5.550 Petition to determine incapacity. Fla. Prob. R. 5.560 Petition for appointment of guardian of an incapacitated person. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Civ. P. 1.080 Service of pleadings and papers. Fla. R. Jud. Admin. 2.505 Attorneys. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.060. (a) (b) REQUEST FOR NOTICES AND COPIES OF PLEADINGS [No Change] Committee Notes Rule History 1975 2010 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References - 33 - [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.340 Inventory. Fla. Prob. R. 5.341 Estate information. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.120. (a) (b) ADMINISTRATOR AD LITEM AND GUARDIAN AD LITEM [No Change] (c) Notice. Within 10 days after appointment, the petitioner shall deliver or mailserve conformed copies of the petition for appointment of a guardian ad litem and order to any guardian, or if there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person. (d) Report. The guardian ad litem shall deliver or mailserve conformed copies of any written report or finding of the guardian ad litem s investigation and answer filed in the proceedings, petition for compensation and discharge, and the notice of hearing on the petition to any guardian, or in the event that there is no guardian, to the living natural guardians or the living natural guardian having legal custody of the minor, person with a developmental disability, or incapacitated person. (e) Service of Petition and Order. Within 10 days after appointment, the petitioner for an administrator ad litem shall deliver or mailserve conformed copies of the petition for appointment and order to the attorney of record of each beneficiary and to each known beneficiary not represented by an attorney of record. (f) (g) [No Change] - 34 - Committee Notes Rule History 1977 2008 Revisions: [No Change] 2012 Revision: The phrase deliver or mail in subdivisions (c), (d), and (e) has been replaced with the word serve to comply with other rules relating to service of pleadings and documents. Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and documents. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.200. PETITION FOR ADMINISTRATION The petition for administration shall be verified by the petitioner and shall contain: (a) (j) [No Change] Committee Notes Rule History 1977 2011 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References - 35 - Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.201 Notice of petition for administration. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.340. (a) (c) INVENTORY [No Change] (d) Service. The personal representative shall serve a copy of the inventory and all supplemental and amended inventories on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. The personal representative shall file proof of such service. (e) (h) [No Change] Committee Notes [No Change] Rule History 1980 2010 Revisions: [No Change] 2012 Revision: The last sentence of subdivision (d) is deleted to remove duplicative requirement of filing a proof of service for a document which includes a certificate of service as provided in Fla. R. Jud. Admin. 2.516. If service of the inventory is by service in the manner provided for service of formal notice, then proof of service should be filed as provided in rule 5.040(a)(5). Committee notes revised. Constitutional Reference [No Change] - 36 - Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.360 Elective share. Fla. Prob. R. 5.405 Proceedings to determine homestead real property. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.342. (a) (b) INVENTORY OF SAFE-DEPOSIT BOX [No Change] (c) Service. The personal representative shall serve a copy of the inventory on the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. The personal representative shall file proof of such service. Committee Notes [No Change] Rule History 2003 Revision: [No Change] 2012 Revision: The last sentence of subdivision (c) is deleted to remove duplicative requirement of filing a proof of service for a document which includes a certificate of service as provided in Fla. R. Jud. Admin. 2.516. If service of the inventory is by service in the manner provided for service of formal notice, then proof of service should be filed as provided in rule 5.040(a)(5). Committee notes revised. - 37 - Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.340 Inventory. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.350. (a) (d) CONTINUANCE OF UNINCORPORATED BUSINESS OR VENTURE [No Change] Committee Notes Rule History 1975 1992 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory Reference [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.330 Execution by personal representative. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. - 38 - RULE 5.355. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND ESTATE EMPLOYEES [No Change] Committee Notes [No Change] Rule History 1988 2007 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.360. (a) (e) ELECTIVE SHARE [No Change] Committee Notes [No Change] Rule History 1984 2010 Out-of-Cycle Report Revisions: [No Change] - 39 - 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.340 Inventory. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. Fla. R. App. P. 9.020(h) Definitions. RULE 5.370. (a) (b) SALES OF REAL PROPERTY WHERE NO POWER CONFERRED [No Change] Committee Notes [No Change] Rule History 1984 1996 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. - 40 - Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.180 Waiver and consent. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.380. (a) (c) COMPULSORY PAYMENT OF DEVISES OR DISTRIBUTIVE INTERESTS [No Change] Committee Notes Rule History 1984 2003 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.385. (a) (c) DETERMINATION OF BENEFICIARIES AND SHARES [No Change] Committee Notes [No Change] - 41 - Rule History 1988 2007 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. Rule 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.120 Administrator ad litem and guardian ad litem. Fla. Prob. R. 5.205(a)(5) Filing evidence of death. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.386. (a) (c) ESCHEAT [No Change] Committee Notes [No Change] Rule History 1988 2003 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] - 42 - Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.385 Determination of beneficiaries and shares. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.400. (a) (e) DISTRIBUTION AND DISCHARGE [No Change] Committee Notes [No Change] Rule History 1980 2007 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.401 Objections to petition for discharge or final accounting. Fla. R. Jud. Admin. 2.250(a)(1)(D) Time standards for trial and appellate - 43 - courts and reporting requirements. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.401. (a) (f) OBJECTIONS TO PETITION FOR DISCHARGE OR FINAL ACCOUNTING [No Change] Committee Notes Rule History 1984 2007 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.400 Distribution and discharge. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.402. (a) (c) NOTICE OF LIEN ON PROTECTED HOMESTEAD [No Change] Committee Notes - 44 - Rule History 2005 Revision: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.403 Proceedings to determine amount of lien on protected homestead. Fla. Prob. R. 5.404 Notice of taking possession of protected homestead. Fla. Prob. R. 5.405 Proceedings to determine protected homestead real property. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.403. (a) (c) PROCEEDINGS TO DETERMINE AMOUNT OF LIEN ON PROTECTED HOMESTEAD [No Change] Committee Notes Rule History 2005 Revision: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] - 45 - Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.402 Notice of lien on protected homestead. Fla. Prob. R. 5.404 Notice of taking possession of protected homestead. Fla. Prob. R. 5.405 Proceedings to determine protected homestead real property. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.405. (a) (c) PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD REAL PROPERTY [No Change] Committee Notes [No Change] Rule History 1984 2010 Revisions: [No Change] 2012 Revision: Committee notes revised. Constitutional Reference [No Change] Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. - 46 - Fla. Prob. R. 5.205(a)(6) Filing evidence of death. Fla. Prob. R. 5.340 Inventory. Fla. Prob. R. 5.404 Notice of taking possession of protected homestead. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.406. (a) (c) PROCEEDINGS TO DETERMINE EXEMPT PROPERTY [No Change] Committee Notes [No Change] Rule History 1984 2010 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.420 Disposition of personal property without administration. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.407. PROCEEDINGS TO DETERMINE FAMILY ALLOWANCE - 47 - (a) [No Change] (b) Contents. The petition shall be verified by the petitioner and shall: (1) state the names and addresses of the decedent s surviving spouse and the decedent s lineal heirs who were being supported by the decedent or who were entitled to be supported by the decedent at the time of his the decedent s death, stating the dates of birth of those who are minors; and (2) for each person for whom an allowance is sought, state the person s name and relationship to the decedent, the basis on which the allowance is claimed, and the amount sought. (c) [No Change] Committee Notes Rule History 2003 Revision: [No Change] 2012 Revision: Editorial change in (b)(1) for gender neutrality. Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.430. (a) (k) RESIGNATION OF PERSONAL REPRESENTATIVE [No Change] - 48 - Committee Notes [No Change] Rule History 1975 2007 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.310 Disqualification of personal representative; notification. Fla. Prob. R. 5.330 Execution by personal representative. Fla. Prob. R. 5.345 Accountings other than personal representatives final accountings. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. Prob. R. 5.401 Objections to petition for discharge or final accounting. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.440. (a) (d) PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE [No Change] Committee Notes [No Change] - 49 - Rule History 1980 2010 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.150 Order requiring accounting. Fla. Prob. R. 5.310 Disqualification of personal representative; notification. Fla. Prob. R. 5.345 Accountings other than personal representatives final accountings. Fla. Prob. R. 5.346 Fiduciary accounting. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.460. (a) (c) SUBSEQUENT ADMINISTRATION [No Change] Committee Notes [No Change] Rule History 1984 2003 Revisions: [No Change] 2012 Revision: Committee notes revised. - 50 - Statutory Reference [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.470. (a) (c) ANCILLARY ADMINISTRATION [No Change] Committee Notes Rule History 1975 2010 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.065(b) Notice of civil action or ancillary administration. Fla. Prob. R. 5.205(a)(2) Filing evidence of death. Fla. Prob. R. 5.215 Authenticated copy of will. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors. - 51 - Fla. Prob. R. 5.475 Ancillary administration, short form. Fed. R. Civ. P. 44(a) Proving an official record. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.475. (a) (f) ANCILLARY ADMINISTRATION, SHORT FORM [No Change] Committee Notes [No Change] Rule History 1988 2005 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.065(b) Notice of civil action or ancillary administration. Fla. Prob. R. 5.205(a)(2) Filing evidence of death. Fla. Prob. R. 5.215 Authenticated copy of will. Fla. Prob. R. 5.240 Notice of administration. Fla. Prob. R. 5.241 Notice to creditors. Fla. Prob. R. 5.470 Ancillary administration. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. - 52 - RULE 5.496. (a) (c) FORM AND MANNER OF OBJECTING TO CLAIM [No Change] Committee Notes [No Change] Rule History 1992 2010 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.498 Personal representative s proof of claim. Fla. Prob. R. 5.499 Form and manner of objecting to personal representative s proof of claim. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.498. (a) (b) PERSONAL REPRESENTATIVE S PROOF OF CLAIM [No Change] Committee Notes [No Change] Rule History 2005 2007 Revisions: [No Change] - 53 - 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.499 Form and manner of objecting to personal representative s proof of claim. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.499. (a) (e) FORM AND MANNER OF OBJECTING TO PERSONAL REPRESENTATIVE S PROOF OF CLAIM [No Change] Committee Notes [No Change] Rule History 2005 2007 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory Reference [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.496 Form and manner of objecting to claim. - 54 - Fla. Prob. R. 5.498 Personal representative s proof of claim. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.510. (a) (e) ESTABLISHMENT AND PROBATE OF LOST OR DESTROYED WILL [No Change] Committee Notes [No Change] Rule History 1977 2003 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory Reference [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.042 Time. Fla. Prob. R. 5.200 Petition for administration. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.530. (a) (d) SUMMARY ADMINISTRATION [No Change] - 55 - Committee Notes [No Change] Rule History 1977 2011 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.205(a)(3) Filing evidence of death. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.620. (a) (e) INVENTORY [No Change] Committee Notes Rule History 1977 2008 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] - 56 - Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.690 Initial guardianship report. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.630. (a) (c) PETITION FOR APPROVAL OF ACTS [No Change] Committee Notes Rule History 1975 2008 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.636 Settlement of minors claims. Fla. Prob. R. 5.649 Guardian advocate. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. - 57 - RULE 5.650. (a) (k) RESIGNATION OR DISQUALIFICATION OF GUARDIAN; APPOINTMENT OF SUCCESSOR [No Change] Committee Notes Rule History 1975 2008 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.649 Guardian advocate. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.660. (a) (e) PROCEEDINGS FOR REMOVAL OF GUARDIAN [No Change] Committee Notes Rule History - 58 - 1977 2008 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.025 Adversary proceedings. Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041(b) Service of pleadings and papersdocuments. Fla. Prob. R. 5.649 Guardian advocate. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.670. (a) (h) TERMINATION OF GUARDIANSHIP ON CHANGE OF DOMICILE OF RESIDENT WARD [No Change] Committee Notes Rule History 1977 2008 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.180 Waiver and consent. - 59 - Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.680 Termination of guardianship. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.680. (a) (g) TERMINATION OF GUARDIANSHIP [No Change] Committee Notes Rule History 1975 2008 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.040 Notice. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.552 Voluntary guardianship of property. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.681 Restoration of rights of person with developmental disability. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.690. (a) (b) INITIAL GUARDIANSHIP REPORT [No Change] Committee Notes - 60 - [No Change] Rule History 1991 1992 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.620 Inventory. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.695. (a) (b) ANNUAL GUARDIANSHIP REPORTS [No Change] Committee Notes [No Change] Rule History 1975 2006 Revisions: [No Change] 2012 Revision: Committee notes revised. - 61 - Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.552 Voluntary guardianship of property. Fla. Prob. R. 5.555 Guardianships of minors. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. Prob. R. 5.800(b) Application of revised chapter 744 to existing guardianships. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.696. (a) (c) ANNUAL ACCOUNTING [No Change] Committee Notes Rule History 1991 2010 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. - 62 - Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.610 Execution by guardian. Fla. Prob. R. 5.695 Annual guardianship report. Fla. Prob. R. 5.700 Objection to guardianship reports. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 5.700. (a) (c) OBJECTION TO GUARDIANSHIP REPORTS [No Change] Committee Notes Rule History 1975 2008 Revisions: [No Change] 2012 Revision: Committee notes revised. Statutory References [No Change] Rule References Fla. Prob. R. 5.020 Pleadings; verification; motions. Fla. Prob. R. 5.041 Service of pleadings and papersdocuments. Fla. Prob. R. 5.060 Request for notices and copies of pleadings. Fla. Prob. R. 5.180 Waiver and consent. Fla. Prob. R. 5.610 Execution by guardian. Fla. R. Jud. Admin. 2.516 Service of pleadings and documents. RULE 6.370. ADDITIONAL TIME AFTER SERVICE BY MAILOTHER THAN BY HAND DELIVERY Whenever a defendant has a right or is required to do some act or take some proceedings within a prescribed period after service of a notice or other - 63 - paperdocument and the notice or paperdocument is served by maila method other than hand delivery, 5 days shall be added to the prescribed period. Committee Notes [No Change] RULE 7.050. (a) COMMENCEMENT OF ACTION; STATEMENT OF CLAIM Commencement. (1) [No Change] (2) Party Not Represented by Attorney to Sign. A party, individual, or corporation who or which has no attorney handling such cause shall sign that party's statement of claim or other paper and state that party's address and telephone number, including area code, and may include an e-mail address. However, if the trial court in its discretion determines that the plaintiff is engaged in the business of collecting claims and holds such claim being sued upon by purchase, assignment, or management arrangement in the operation of such business, the court may require that corporation to provide counsel in the prosecution of the cause. A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. (b) Parties. The names, addresses, and telephone numbers, including area code, of all parties or their attorneys, if any, must be stated on the statement of claim. A party not represented by an attorney may include an e-mail address. Additionally, attorneys shallmust include their Florida Bar number on all papers filed with the court, as well as an e-mail address, in compliance with the Florida Rules of Judicial Administration. (c) (e) [No Change] Committee Notes [No Change] - 64 - Court Commentary [No Change] RULE 7.080. (a) SERVICE OF PLEADINGS AND PAPERS OTHER THAN STATEMENT OF CLAIM [No Change] (b) How Made. When a party is represented by an attorney, service of papers other than the statement of claim and notice to appear shall be made on the attorney unless the court orders service to be made on the party. When an attorney is serving another attorney, service must be made in compliance with the Florida Rules of Judicial Administration. In all other instances, sService shallmust be made by delivering the paper to the party or the party s attorney, as the case may be, or by mailing it to the party s last known address. (c) (d) (e) [No Change] Certificate of Service. (1) When any party or attorney in substance certifies: I certify that a copy hereof has been furnished to (here insert name or names and address or addresses) by (delivery) (mail) (e-mail if an attorney) on ..... (date) ...... Party or party s attorney the certificate is prima facie proof of such service in compliance with all rules of court and law. (2) (f) [No Change] [No Change] - 65 - Court Commentary [No Change] RULE 8.085. PREHEARING MOTIONS AND SERVICE (a) [No Change] (b) Service of Pleadings and Papers. (1) [No Change] (2) How Made. When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Unless excused by the court, Sservice upon the attorney or party shall be made by electronic mail (e-mail) consistent with the requirements of Florida Rule of Judicial Administration 2.516. Service on and by all parties who are not represented by an attorney and who do not designate an e-mail address, and on and by all attorneys excused from e-mail service, must be made by delivering a copy or by mailing it to the attorney or party s last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail shall be complete upon mailing. Delivery of a copy within this rule shall mean: (A) (E) (3) (4) [No Change] [No Change] (5) Certificate of Service. When any authorized person shall in substance certify: I certify that a copy/copies has/have been furnished to (insert name or names) by (e-mail) (delivery) (mail) (fax) on (date). Title - 66 - the certificate shall be taken as prima facie proof of such service in compliance with all rules of court and law. (6) People Who May Certify Service. Service of pleadings and orders required to be served as provided by subdivision (2) may be certified by an attorney of record, clerk or deputy clerk, court, or authorized agent of the Department of Juvenile Justice in the form provided in subdivision (b)(5). (c) Format for E-mail Service. All documents served by e-mail must be attached to an e-mail message containing a subject line beginning with the words SERVICE OF COURT DOCUMENT in all capital letters, followed by the case number of the proceeding in which the documents are being served. The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the parties on each side, the style of the proceeding, the title of each document served with that e-mail, and the sender s name and telephone number. Any e-mail which, together with its attachments, exceeds five megabytes (5MB) in size, must be divided and sent as separate e-mails, numbered in the subject line, no one of which may exceed 5 MB in size. (c)(d) Time for Service of Motions and Notice of Hearing. Service by email is complete upon transmission and must be treated as service by mail for the computation of time. An e-mail is deemed served on the date of transmission, unless the sender learns that the e-mail did not reach the address of the person to be served. If e-mail service is excused, A a copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing. (d)(e) Additional Time After Service by Mail. Whenever service by mail is permitted, and a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of notice or other paper and the notice or paper is served by mail, 5 days shall be added to the prescribed period. (e)(f) Pleading to Be Signed by Attorney. Every written paper or pleading of a party represented by an attorney shall be signed in the attorney's individual name by such attorney, whose mailing address, primary e-mail address and telephone number, including area code, and Florida Bar number shall be stated, and who shall be duly licensed to practice law in Florida. The attorney may be required by an order of court to vouch for the authority to represent such party and - 67 - to give the address of such party. Except when otherwise specifically provided by these rules or applicable statute, pleadings as such need not be verified or accompanied by affidavit. (f)(g) Pleading to Be Signed by Unrepresented Party. A party who has no attorney but represents himself or herself shall sign the written pleading or other paper to be filed and state his or her primary e-mail address, mailing address, and telephone number, including area code. (g)(h) Effect of Signing Pleading. The signature of a person shall constitute a certificate that the paper or pleading has been read; that to the best of the person's knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a pleading or paper is not signed, or is signed with intent to defeat the purpose of this rule, it may be stricken and the action may proceed as though the pleading or paper had not been served. (i) Service of Orders. A copy of all orders must be transmitted by the court or under its direction to all parties at the time of the entry of the order. The court may require that orders be prepared by a party, may require the party to furnish the court with stamped addressed envelopes for service of the order or judgment, and may require that proposed orders be furnished to all parties before entry by the court of the order. The court may serve any order by e-mail to all attorneys who were not excused from e-mail service and to all parties not represented by an attorney who have designated an e-mail address for service. This subdivision is directory, and a failure to comply with it does not affect the order or its finality or any proceedings arising in the matter. Committee Notes [No Change] RULE 8.225. (a) (b) (c) PROCESS, DILIGENT SEARCHES, AND SERVICE OF PLEADINGS AND PAPERS [No Change] Notice and Service of Pleadings and Papers. - 68 - (1) (4) [No Change] (5) Method of Service. When service is required or permitted to be made upon a party or participant represented by an attorney, service shall be made upon the attorney unless service upon the party or participant is ordered by the court. (A) Excusing of Service. Service is excused if the identity or residence of the party or participant is unknown and a diligent search for that person has been completed in accordance with law. (B) Service upon the attorney shall be made by delivering a copy to the attorney or by mailing it to the attorney s last known address. (C) Delivery of a copy within this rule shall mean: (i) handing it to the attorney; (ii) leaving it at the attorney s office with the person in charge thereof; (iii) if there is no one in charge of the office, leaving it a conspicuous place therein; or (iv) transmitting it by facsimile to the attorney s or party s office with a cover sheet containing the sender s name, firm, address, telephone number, and facsimile number, the number of pages transmitted, and the recipient s facsimile number. When service is made by facsimile, a copy shall also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. (D) If the party or participant is not represented by an attorney, service of all pleadings or papers shall be upon the party or participant. Service may be made by mail to the party s or participant s permanent mailing address, if one has been provided to the court; to the last known address, if a permanent mailing address has not been provided to the court; or by leaving it at their usual place of abode with some person of their family above 15 years of age and informing such person of the contents. (E) Service by mail shall be complete upon mailing. - 69 - (6) Filing. The filing of pleadings and other papers with the court as required by these rules shall be made by filing the original with the clerk of the court either before service or immediately thereafter. The court may permit the papers to be filed with it, in which event the filing date shall be noted thereon and the papers shall be transmitted to the office of the clerk. (7) Certificate of Service. When any authorized person shall in substance certify: I certify that a copy/copies has/have been furnished to (insert names or names) by (delivery) (mail) (fax) on (date). Title this certificate shall be taken as prima facie proof of such service in compliance with all rules of court and law. The certificate must be signed by the attorney of record, clerk or deputy clerk, judicial assistant, or judge. (B) Service by Electronic Mail ( E-mail ). Service of a document by e-mail is made by attaching a copy of the document in PDF format to an e-mail sent to all addresses designated by the attorney or party. (i) Service on Attorneys. Upon appearing in a proceeding, an attorney must serve a designation of a primary e-mail address and may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding. Every document filed by an attorney thereafter must include the primary e-mail address of that attorney and any secondary e-mail addresses. If an attorney does not designate any e-mail address for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar. (ii) Exception to E-mail Service on Attorneys. Service by an attorney on another attorney must be made by e-mail unless excused by the court. Upon motion by an attorney demonstrating that the attorney has no email account and lacks access to the Internet at the attorney s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-mail service must be by the means provided in subdivision (c)(6) of this rule. - 70 - (iii) Service on and by Parties Not Represented by an Attorney. Any party not represented by an attorney may serve a designation of a primary e-mail address and also may designate no more than two secondary email addresses to which service must be directed in that proceeding. If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (c)(6) of this rule. (iv) Format of E-mail for Service. All documents served by e-mail must be attached to an e-mail message containing a subject line beginning with the words SERVICE OF COURT DOCUMENT in all capital letters, followed by the case number of the proceeding in which the documents are being served. The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the sender s name and telephone number. Any e-mail which, together with its attachments, exceeds five megabytes (5MB) in size, must be divided and sent as separate e-mails, numbered in the subject line, no one of which may exceed 5MB in size. (v) Time of Service. Service by e-mail is complete upon transmission and must be treated as service by mail for the computation of time. An e-mail is deemed served on the date of transmission, unless the sender learns that the e-mail did not reach the address of the person to be served. (6) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made upon attorneys by any of the means specified in this subdivision. Service on and by all parties and participants who are not represented by an attorney and who do not designate an e-mail address, and on and by all attorneys excused from e-mail service, must be made by delivering a copy of the document or by mailing it to the party or participant at their permanent mailing address if one has been provided to the court or to the party, participant, or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upon: (A) handing it to the attorney or to the party or participant, (B) leaving it at the attorney s, party s or participant s office with a clerk or other person in charge thereof, - 71 - (C) if there is no one in charge, leaving it in a conspicuous place therein, (D) if the office is closed or the person to be served has no office, leaving it at the person s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents, or (E) transmitting it by facsimile to the attorney s, party s, or participant s office with a cover sheet containing the sender s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy must also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. (F) Service by delivery after 5:00 p.m. must be deemed as if it had been made by mailing on the date of delivery. (7) Filing. All original documents must be filed with the court either before service or immediately thereafter. If the original of any bond or other document is not placed in the court file, a certified copy must be so placed by the clerk. (8) Filing Defined. The filing of documents with the court as required by these rules must be made by filing them with the clerk, except that the judge may permit documents to be filed with the judge, in which event the judge must note the filing date before him or her on the documents and transmit them to the clerk. The date of filing is that shown on the face of the document by the judge s notation or the clerk s time stamp, whichever is earlier. (9) Certificate of Service. When any attorney certifies in substance: I certify that a copy hereof has been furnished to (here insert name or names and addresses used for service) by (e-mail) (delivery) (mail) (fax) on ..... (date) ¦... ____________________ Attorney - 72 - the certificate must be taken as prima facie proof of such service in compliance with this rule. (10) Service by Clerk. Service of notices and other documents required to be made by the clerk must also be done as provided in subdivision (c). (11) Service of Orders. (A) A copy of all orders or judgments must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. No service need be made on parties against whom a default has been entered except orders setting an action for trial and final judgments that must be prepared and served as provided in subdivision (c)(11)(B). The court may require that orders or judgments be prepared by a party, may require the party to furnish the court with stamped addressed envelopes for service of the order or judgment, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. The court may serve any order or judgment by e-mail to all attorneys who have not been excused from e-mail service and to all parties not represented by an attorney who have designated an email address for service. (B) When a final judgment is entered against a party in default, the court must mail a conformed copy of it to the party. The party in whose favor the judgment is entered must furnish the court with a copy of the judgment, unless it is prepared by the court and with the address of the party to be served. If the address is unknown, the copy need not be furnished. (C) This subdivision is directory and a failure to comply with it does not affect the order or judgment or its finality or any proceedings arising in the action. RULE 8.635. PROCESS (a) [No Change] (b) Service of Pleadings and Papers. (1) When Required. Unless the court orders otherwise, or a statute or supreme court administrative order specifies a different means of service, every - 73 - pleading subsequent to the initial petition, every order, every written motion, unless it is one as to which hearing ex parte is authorized, and every written notice filed in the case shall be served on each party; however, nothing herein shall be construed to require that a plea be in writing or that an application for witness subpoenas be served. (2) How Made. When service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party s last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail shall be complete upon mailing. Delivery of a copy within this rule shall mean: (A) handing it to the attorney or the party; (B) leaving it at the attorney s office with the person in charge thereof; (C) if there is no one in charge of the office, leaving it in a conspicuous place therein; (D) if the office is closed or the person to serve has no office, leaving it at the party s usual place of abode with some person of the family above 15 years of age and informing such person of the contents thereof; or (E) transmitting it by facsimile to the attorney s or party s office with a cover sheet containing the sender s name, firm, address, telephone number, and facsimile number, the number of pages transmitted, and the recipient s facsimile number. When service is made by facsimile, a copy shall also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. (A) Service by Electronic Mail ( E-mail ). Service of a document by e-mail is made by attaching a copy of the document in PDF format to an e-mail sent to all addresses designated by the attorney or party. Any document served by e-mail may be signed by the /s/ format, so long as the filed original is signed in accordance with the applicable rules of court. - 74 - (i) Service on Attorneys. Upon appearing in any proceeding, an attorney must serve a designation of a principal e-mail address and may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding. Every document filed by an attorney thereafter must include in the signature block the principal e-mail address of that attorney and any secondary e-mail addresses. If an attorney does not designate any e-mail address for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar. (ii) Exception to E-mail Service on Attorneys. Service by an attorney on another attorney must be made by e-mail unless excused by the court. Upon motion by an attorney demonstrating that the attorney has no email account and lacks access to the Internet at the attorney s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-mail service must be by the means provided in subdivision (b)(2)(B) of this rule. (iii) Service on and by Parties not Represented by an Attorney. Any party not represented by an attorney may serve a designation of a principal e-mail address and also may designate no more than two secondary email addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(2)(A) of this rule. If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2)(B) of this rule. (iv) Format of E-mail for Service. All documents served by e-mail must be attached to an e-mail message containing a subject line beginning with the words SERVICE OF COURT DOCUMENT in all capital letters, followed by the case number of the proceeding in which the documents are being served. The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the sender s name and telephone number. Any e-mail which, together with its attachments, exceeds five megabytes (5MB) in size, must be divided and sent as separate e-mails, numbered in the subject line, no one of which may exceed 5MB in size. (v) Time of Service. Service by e-mail is complete upon transmission and must be treated as service by mail for the computation of time. An e-mail is deemed served on the date of transmission. If the sender learns - 75 - that the e-mail did not reach the address of the person to be served, the sender must immediately serve another copy by e-mail, or by a means authorized by subdivision (b)(2)(B) of this rule. (B) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made upon attorneys by the means specified in this subdivision. Service on and by all parties who are not represented by an attorney and who do not designate an e-mail address, and on and by all attorneys excused from e-mail service, must be made by delivering a copy of the document or by mailing it to the party or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon mailing. Delivery of a copy within this rule is complete upon: (i) handing it to the attorney or to the party; (ii) leaving it at the attorney s or party s office with a clerk or other person in charge thereof; (iii) conspicuous place therein; if there is no one in charge, leaving it in a (iv) if the office is closed or the person to be served has no office, leaving it at the person s usual place of abode with some person of his or her family above 15 years of age and informing such person of the contents; or (v) transmitting it by facsimile to the attorney s or party s office with a cover sheet containing the sender s name, firm, address, telephone number, and facsimile number, and the number of pages transmitted. When service is made by facsimile, a copy must also be served by any other method permitted by this rule. Facsimile service occurs when transmission is complete. (vi) Service by delivery after 5:00 p.m. must be deemed as if it had been made by mailing on the date of delivery. (C) Numerous Parties. In an action where the parties are unusually numerous, the court may regulate the service contemplated by these rules on motion or on its own initiative in such manner as may be found to be just and reasonable. - 76 - (3) Filing. All original papers, copies of which are required to be served upon parties, must be filed with the court either before service or immediately thereafter, unless otherwise provided for by general law or other rules. If the original of any bond or document is not placed in the court file, a certified copy may be so placed by the clerk. (4) Filing with Court Defined. The filing of pleadings and other papers with the court as required by these rules shall be made by filing them with the clerk of court except that the court may permit the papers to be filed with it in which event the filing date shall be noted thereon and they shall be transmitted to the office of the clerkexcept that the judge may permit documents to be filed with the judge, in which event the judge must note the filing date before him or her on the documents and transmit them to the clerk. The date of filing is the date shown on the face of the document by the judge s notation or the clerk s time stamp, whichever is earlier. (5) Certificate of Service. When any authorized personattorney shall in substance certify: I certify that a copy/copies has/have been furnished to (insert name or names) by (e-mail) (delivery) (mail) (fax) on (date). Title this certificate shall be taken as prima facie proof of such service in compliance with thethis rules of court and law. The certificate must be signed by the attorney of record, clerk or deputy clerk, judicial assistant, or judge. (6) Service by Clerk. Service of notices and other documents required to be made by the clerk must also be done as provided in subdivision (b)(2). (c) Service of Orders. A copy of all orders or judgments must be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. The court may require that orders or judgments be prepared by a party, may require the party to furnish the court with stamped addressed envelopes for service of the order or judgment, and may require that proposed orders and judgments be furnished to all parties before entry by the court of the order or judgment. The court may serve any order or judgment by e-mail to all - 77 - attorneys who have designated an e-mail address for service and to all parties not represented by an attorney who have designated an e-mail address for service. This subdivision is directory and a failure to comply with it does not affect the order or its finality or any proceedings arising in the action. FORM 8.903. CERTIFICATE OF SERVICE I certify that a copy of ..... (document) ..... has been furnished to ..... (name(s)) ..... by e-mail/U.S.mail/hand delivery/fax on ..... (date) ..... (Title) Committee Notes [No Change] RULE 9.420. (a) FILING; SERVICE OF COPIES; COMPUTATION OF TIME Filing. (1) Generally. Filing may be accomplished by filing with the clerk; provided that a justice or judge may accept the documents for filing, and shall note the filing date and immediately transmit them to the office of the clerk in a manner in conformity with the requirements of Florida Rule of Judicial Administration 2.516. (2) (b) [No Change] [No Change] (c) Method of Service. If service is required or permitted to be made on a party represented by an attorney, service shall be made on the attorney unless service on the party is ordered by the court. Service on the attorney or party shall be made by delivering a copy to the attorney or party or by mailing it to the - 78 - attorney or party at the last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule shall mean (A) handing it to the attorney or to the party, or (B) leaving it at the attorney s or party s office with the clerk or other person in charge thereof, or (C) if there is no one in charge, leaving it in a conspicuous place therein, or (D) if the office is closed or the person to be served has no office, leaving it at the attorney s or party s usual place of abode with some person of the attorney s or party s family above 15 years of age and informing such person of the contents. Service by mail shall be complete on mailing.Service of every document filed in a proceeding governed by these rules (including any briefs, motions, notices, responses, petitions, and appendices) shall be made in conformity with the requirements of Florida Rule of Judicial Administration 2.516, except that the initial document filed in a proceeding governed by these rules (including any notice to invoke jurisdiction, notice of appeal, or petition for an original writ) shall be served both by e-mail pursuant to rule 2.516(b)(1) and in paper form pursuant to rule 2.516(b)(2). (d) Proof of Service. A certificate of service by an attorney that complies in substance with the requirements of Florida Rule of Judicial Administration 2.516(f) and a certificate of service by a pro se party that complies in substance with the appropriate form below shall be taken as prima facie proof of service in compliance with these rules. The certificate shall specify the party each attorney represents. (1) Attorney : I certify that a copy hereof has been furnished to ... (here insert name or names) ... by ... (delivery)(mail) ... on ...(date) ... _____________________________ Attorney for ... (name of party) ... ... (address and phone number) ... Florida Bar No. .................... (2) By Pro Se Inmate: I certify that I placed this document in the hands of ... (here insert name of institution official) ... for mailing to ... (here insert name or names and addresses used for service) ... on ... (date) ... _____________________________ - 79 - ... (name) ... ... (address) ... ... (prison identification number) ... (3)(2) By Other Pro Se Litigants: I certify that a copy hereof has been furnished to ... (here insert name or names and addresses used for service) ... by ... (e-mail) (delivery) (mail) ... on ... (date) ... _______________________ ... (name) ... ... (address) ... ... (phone number) ... (e) (f) [No Change] Committee Notes [No Change] Court Commentary [No Change] RULE 12.040. (a) (b) (c) ATTORNEYS [No Change] Scope of Representation. (1) If an attorney appears of record for a particular limited proceeding or matter, as provided by this rule, that attorney shall be deemed of record for only that particular proceeding or matter. Any notice of limited appearance filed shall include the name, address, e-mail address(es), and telephone number of the attorney and the name, address, and telephone number of the party. If the party designates e-mail address(es) for service on and by that party, the party s e-mail address(es) shall also be included. At the conclusion of such proceeding or matter, the attorney s role terminates without the necessity of leave - 80 - of court, upon the attorney filing a notice of completion of limited appearance. The notice, which shall be titled Termination of Limited Appearance, shall include the names and last known addresses of the person(s) represented by the withdrawing attorney. (2) [No Change] (d) Preparation of Pleadings or Other Documents. A party who files a pleading or other document of record pro se with the assistance of an attorney shall certify that the party has received assistance from an attorney in the preparation of the pleading or other document. The name, address, and telephone number of the party shall appear on all pleadings or other documents filed with the court. If the party designates e-mail address(es) for service on and by that party, the party s email address(es) shall also be included. (e) Notice of Limited Appearance. Any pleading or other document filed by a limited appearance attorney shall state in bold type on the signature page of that pleading or other document: Attorney for [Petitioner] [Respondent] [attorney s address, e-mail address(es), and telephone number] for the limited purpose of [matter or proceeding] to be followed by the name of the petitioner or respondent represented and the current address and telephone number of that party. If the party designates e-mail address(es) for service on and by that party, the party s e-mail address(es) shall also be included. (f) [No Change] Committee Notes 2012 Amendment. Subdivisions (c), (d), and (e) are amended to provide email addresses in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.080. (a) SERVICE OF PLEADINGS AND PAPERS Service. (1) Family Law Actions Generally. Service of pleadings and papers after commencement of all family law actions except domestic, repeat, dating, and sexual violence shall be as set forth in Florida Rule of Civil Procedure - 81 - 1.080Judicial Administration 2.516, except that rule 1.0802.516 shall also apply to service on the party during the attorney s limited appearance as provided in rule 12.040(f) and be expanded as set forth in subdivisions (b) and (c) to include additional requirements for service of recommended orders and for service on defaulted parties. (2) [No Change] (b) Service and Preparation of Orders and Judgments. A copy of all orders or judgments involving family law matters except domestic, repeat, dating, and sexual violence shall be transmitted by the court or under its direction to all parties at the time of entry of the order or judgment. The court may require that recommended orders, orders, or judgments be prepared by a party. If the court requires that a party prepare the recommended order, order, or judgment, the party shall furnish the court with stamped, addressed envelopes to all parties for service of the recommended order, order, or judgment. The court may also require that any proposed recommended order, order, or judgment that is prepared by a party be furnished to all parties no less than 24 hours before submission to the court of the recommended order, order, or judgment. (c) Defaulted Parties. No service need be made on parties against whom a default has been entered, except that: (1) [No Change] (2) Notice of final hearings or trials and court orders shall be served on defaulted parties in the manner provided for service of pleadings and papers contained in Florida Rule of Civil Procedure 1.080Judicial Administration 2.516. (3) Final judgments shall be served on defaulted parties as set forth in Florida Rule of Civil Procedure 1.080(h)(2)Judicial Administration 2.516(h). Commentary [No Change] Committee Notes - 82 - 2012 Amendment. Subdivision (a)(1) is amended to provide for service on the party during the attorney s limited appearance. Subdivision (a)(1), (c)(2), and (c)(3) are amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.090. TIME Time shall be governed by Florida Rule of Civil Procedure 1.090, except that an additional 5 days added to the prescribed period after service, as provided in rule 1.090(e), shall also apply to service by e-mail. Committee Notes 2012 Amendment. The rule is amended to treat e-mail service as service by mail for the computation of time in accordance with Florida Rule of Judicial Administration 2.516(b)(1)(D)(iii). RULE 12.170. COUNTERCLAIMS AND CROSSCLAIMS Counterclaims and crossclaims shall be governed by Florida Rule of Civil Procedure 1.170, except that service of a crossclaim on a party who has appeared in the action, as provided in rule 1.170(g), shall be made pursuant to Florida Rule of Judicial Administration 2.516(b). Committee Notes 2012 Amendment. This rule is amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.285. MANDATORY DISCLOSURE (a) [No Change] (b) Time for Production of Documents. - 83 - (1) Temporary Financial Hearings. Any document required under this rule in any temporary financial relief proceeding shall be served on the other party for inspection and copying as follows. (A) [No Change] (B) The responding party shall serve the required documents on the party seeking relief on or before 5:00 p.m., 2 business days before the day of the temporary financial hearing if served by delivery or 7 days before the day of the temporary financial hearing if served by mail or e-mail, unless the documents have been received previously by the party seeking relief under subdivision (b)(2) of this rule. A responding party shall be given no less than 12 days to serve the documents required under this rule, unless otherwise ordered by the court. If the 45-day period for exchange of documents provided for in subdivision (b)(2) of this rule will occur before the expiration of the 12 days, the provisions of subdivision (b)(2) control. (2) [No Change] (c) (m) [No Change] Commentary [No Change] Committee Notes 1997 2005 Amendments. [No Change] 2012 Amendment. Subdivision (b)(1)(B) is amended to provide for e-mail service in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.351. PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION Production of documents and things without deposition shall be governed by Florida Rule of Civil Procedure 1.351, except that a party desiring production - 84 - under this rule, as provided in rule 1.351(b), shall serve notice as provided in Florida Rule of Judicial Administration 2.516 on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if service is by delivery and 15 days before the subpoena is issued if the service is by mail or e-mail. Committee Notes 2012 Amendment. This rule is amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.410. SUBPOENA Subpoenas shall be governed by Florida Rule of Civil Procedure 1.410, except as follows: (a) (c) [No Change] (d) Production of Evidence at Trial. A party seeking production of evidence at trial, as provided in rule 1.410(c), which would be subject to a subpoena, as provided in rule 1.410(c), may compel such production by serving a notice to produce such evidence on an adverse party as provided in Florida Rule of Judicial Administration 2.516. Committee Note 2008 Amendment. [No Change] 2012 Amendment. This rule is amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.440. SETTING ACTION FOR TRIAL Florida Rule of Civil Procedure 1.440 shall govern general provisions concerning setting an action for trial in family law matters, with the following exceptions and additions. - 85 - (a) Setting for Trial. If the court finds the action ready to be set for trial, it shall enter an order setting the action for trial, fixing a date for trial, and setting a pretrial conference, if necessary. In the event a default has been entered, reasonable notice of not less than 10 days shall be given unless otherwise required by law. In actions in which the damages are not liquidated, the order setting an action for trial shall be served on parties who are in default in accordance with Florida Rule of Judicial Administration 2.516. Trial shall be set within a reasonable time from the service of the notice for trial. At the pretrial conference, the parties should be prepared, consistent with Florida Family Law Rule of Procedure 12.200, to present any matter that will prepare the parties for trial and that can expedite the resolution of the case. The trial court may also direct the parties to reciprocally exchange and file with the court all documents relative to the outcome of the case; a list of all witnesses, all issues to be tried, and all undisposed motions; an estimate of the time needed to try the case; and any other information the court deems appropriate. Any court filings shall be in conformity with Florida Rule of Judicial Administration 2.425. This information should be served and filed no later than 72 hours before the pretrial conference or 30 days before the trial. (b) [No Change] Commentary [No Change] RULE 12.510. SUMMARY JUDGMENT Summary judgment shall be governed by Florida Rule of Civil Procedure 1.510, except that service by the adverse party, as set forth in for rule 1.510(c), shall be on the movant in accordance with Florida Rule of Judicial Administration 2.516. Committee Notes 2012 Amendment. This rule is amended to state who the adverse party serves and provide for service in accordance with Florida Rule of Judicial Administration 2.516. - 86 - RULE 12.611. CENTRAL GOVERNMENTAL DEPOSITORY (a) [No Change] (b) Payments to Public Officer. (1) (2) [No Change] (3) Payment may be enforced by the party entitled to it or the court may establish a system under which the officer issues a motion for enforcement and a notice of hearing in the form approved by the supreme court. The motion and notice shall be served on the defaulting party in person or by mailin accordance with Florida Rule of Judicial Administration 2.516. At the hearing the court shall enter an appropriate order based on the testimony presented to it. Commentary [No Change] Committee Notes 2012 Amendment. Subdivision (b)(3) is amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.615 (a) CIVIL CONTEMPT IN SUPPORT MATTERS [No Change] (b) Motion and Notice. Civil contempt may be initiated by motion. The motion must recite the essential facts constituting the acts alleged to be contemptuous. No civil contempt may be imposed without notice to the alleged contemnor and without providing the alleged contemnor with an opportunity to be heard. The civil contempt motion and notice of hearing may be served by mailin accordance with Florida Rule of Judicial Administration 2.516 provided notice by mail is reasonably calculated to apprise the alleged contemnor of the pendency of the proceedings. The notice must specify the time and place of the hearing and - 87 - must contain the following language: FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD. This notice must also state whether electronic recording or a court reporter is provided by the court or whether a court reporter, if desired, must be provided by the party. (c) (g) [No Change] Commentary [No Change] Committee Notes 2012 Amendment. Subdivision (b) is amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516. RULE 12.630. EXTRAORDINARY REMEDIES Extraordinary remedies shall be governed by Florida Rule of Civil Procedure 1.630, except summons in certiorari, as set forth in rule 1.630(d)(5), shall be served as provided in Florida Rule of Judicial Administration 2.516. Committee Notes 2012 Amendment. This rule is amended to provide for service in accordance with Florida Rule of Judicial Administration 2.516. - 88 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(b), NOTICE OF LIMITED APPEARANCE (07/12) When should this form be used? This form should be used to provide notice to the court and the other attorney or party when an attorney is making a limited appearance for a client under Florida Family Law Rule of Procedure 12.040. This form should be typed or printed in black ink. After completing and signing this form, the attorney should file the original with the clerk of the circuit court in the county in which the action is pending and keep a copy for his or her records. What should I do next? A copy of this form must be served on the other party or his or her attorney and on the attorney s client in the manner required by Florida Rule of Judicial Administration 2.516. Where can I look for more information? See Florida Family Law Rule of Procedure 12.040 and Florida Rule of Judicial Administration 2.516. Instructions for Florida Family Law Rules of Procedure Form 12.900(b), Notice of Limited Appearance (07/12) - 89 - IN THE CIRCUIT COURT OF THE _______________________________ JUDICIAL CIRCUIT, IN AND FOR ___________________________________ COUNTY, FLORIDA Case No.: ________________________ Division: ________________________ _______________________________, Petitioner, and _______________________________, Respondent. NOTICE OF LIMITED APPEARANCE {Attorney s name} __________________________________________ files this Notice of Limited Appearance on behalf of {name} _____________________________________, [choose one only] ( ) Petitioner ( ) Respondent, for the following limited purpose(s). [choose all that apply]: 1. ___ The hearing set for {date} _____________________________, at {time} ___________on the issue(s) of {specify} _______________________________________________________. 2. ___ To represent [check one only] ( ) Petitioner ( ) Respondent on the following issues throughout the proceedings: a. ___ Parental responsibility and time-sharing. b. ___ Equitable distribution of marital assets and liabilities. c. ___ Alimony. d. ___ Child support. e. ___ Other {specify}: _______________________________________________________ The clerk of the above-styled court is requested to enter this notice of record. Copies of all future court papers should be served on the undersigned attorney at the address listed and on the [choose one only] ( ) Petitioner ( ) Respondent at {name, address, e-mail address(es),telephone number, and fax number} __________________________________ ______________________________________________________________________________ Florida Family Law Rules of Procedure Form 12.900(b), Notice of Limited Appearance (07/12) - 90 - I certify that a copy of this notice of limited appearance was: [check all used] ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} _______________________. Other party or his/her attorney: Name: _________________________________ Address: _______________________________ City, State, Zip: __________________________ Fax Number: ____________________________ E-mail Address(es):________________________ ________________________________ Signature of Attorney Printed Name: ____________________ Address: _________________________ City, State, Zip: ____________________ Telephone Number: _______________ E-mail Address(es):_________________ Florida Bar Number : _______________ ________________________________ Signature of Petitioner/Respondent Printed Name: ____________________ Address: _________________________ City, State, Zip: ____________________ Telephone Number: ________________ E-mail Address(es):_________________ Florida Family Law Rules of Procedure Form 12.900(b), Notice of Limited Appearance (07/12) - 91 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(c), CONSENT TO LIMITED APPEARANCE BY ATTORNEY (07/12) When should this form be used? This form should be used for a client to give consent when an attorney is making a limited appearance for the client under Florida Family Law Rule of Procedure 12.040. This form should be typed or printed in black ink. After completing this form, the client should sign it. The attorney or client should then file it with the clerk of the circuit court in the county in which the action is pending. The attorney and client should each keep a copy for his or her records. What should I do next? A copy of this form must be served on the other party or his or her attorney. Service must be in accordance with Florida Rule of Judicial Administration 2.516. Where can I look for more information? See Florida Family Law Rule of Procedure 12.040. Instructions to Florida Family Law Rules of Procedure Form 12.900(c), Consent to Limited Appearance by Attorney (07/12) - 92 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. CONSENT TO LIMITED APPEARANCE BY ATTORNEY {Name} _______________________________________, the [check one only] ( ) Petitioner ( ) Respondent, consents to the limited representation by counsel, {attorney s name} ___________________________________________, for the following limited purpose(s) [ check all that apply]: 1. ____The hearing set for {date} ___________________, at {time}________ on the issue(s) of {specify} ___________________________________________________________________. 2. ___To represent [ check one only] ( ) Petitioner ( ) Respondent on the following issues throughout the proceedings: a. ___Parental responsibility and time-sharing. b. ___ Equitable distribution of marital assets and liabilities. c. ___ Alimony. d. ___ Child support. e. ___ Other {specify}: _______________________________________________________ The clerk of the above-styled court is requested to enter this notice of record. I certify that a copy of this consent to limited appearance was: [check all used] ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} _________. Other party or his/her attorney: Name: ________________________________ Address: _____________________________ City, State, Zip: _________________________ Telephone Number: _____________________ Fax Number: _____________________________ E-mail Address(es):_________________________ Florida Family Law Rules of Procedure Form 12.900(c), Consent to Limited Appearance by Attorney (07/12) - 93 - _______________________________________ Signature of Petitioner/Respondent Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ E-mail Address(es):_______________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} ____________________________________________________________, {name of business} _____________________________________________________________, {address} _____________________________________________________________________, {city} _____________________,{state} ______, {telephone number}______________________. Florida Family Law Rules of Procedure Form 12.900(c), Consent to Limited Appearance by Attorney (07/12) - 94 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(d), TERMINATION OF LIMITED APPEARANCE (07/12) When should this form be used? This form should be used by an attorney who is terminating a limited appearance for a client under Florida Family Law Rule of Procedure 12.040. This form should be typed or printed in black ink. After completing this form, the attorney should sign it and then file it with the clerk of the circuit court in the county in which the action is pending. The attorney should keep a copy for his or her records. What should I do next? A copy of this form must be served on the other party or his or her attorney and on the attorney s client. Service must be in accordance with Florida Rule of Judicial Administration 2.516. Where can I look for more information? See Florida Family Law Rule of Procedure 12.040. Instructions to Florida Family Law Rules of Procedure Form 12.900(d), Termination of Limited Appearance (07/12) - 95 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. TERMINATION OF LIMITED APPEARANCE {Attorney s name} , files this Termination of Limited Appearance on behalf of the [check one only] ( ) Petitioner ( ) Respondent, {name}, ________ ______________________________________, and certifies that the proceeding or matter is concluded. The clerk of the above-styled court is requested to enter this Notice of Termination of Limited Appearance of record. Copies of all future court papers should be served on the [check one only] ( ) Petitioner ( ) Respondent at: {name, address, e-mail address(es), fax number, and telephone number} _____________________________________________________________________________ . I certify that a copy of this termination of limited appearance was: [check all used] ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} _______ __________. Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: E-mail Address(es):________________________ Client Party: Name: Address: City, State, Zip: Telephone Number: ______________________ Fax Number: E-mail Address(es):________________________ Florida Family Law Rules of Procedure Form 12.900(d), Termination of Limited Appearance (07/12) - 96 - Signature of Attorney Printed Name: Address: City, State, Zip: Telephone Number: E-mail Address(es):_______________________ Florida Bar Number: Florida Family Law Rules of Procedure Form 12.900(d), Termination of Limited Appearance (07/12) - 97 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(e), ACKNOWLEDGMENT OF ASSISTANCE BY ATTORNEY (07/12) When should this form be used? This form should be added to the signature page of any petition, pleading, or motion when an attorney making a limited appearance under Florida Family Law Rule of Procedure 12.040 has assisted the petitioner or respondent in the preparation of the document. The petitioner or respondent should then sign the pleading and include his/her name and address. Where can I get more information? See the instructions to Florida Family Law Rules of Procedure Forms 12.900(b)-(d) and Rule 12.040. Instructions for Florida Family Law Rules of Procedure Form 12.900(e), Acknowledgment of Assistance by Attorney (07/12) - 98 - {Name}, , [check one only] ( ) Petitioner ( ) Respondent, certifies that he/she has received the assistance of the following attorney in the preparation of this document. Attorney Name: Address: City, State, Zip: Telephone Number: E-mail Address(es):_______________________ Florida Bar Number: Florida Family Law Rules of Procedure Form 12.900(e), Acknowledgment of Assistance by Attorney (07/12) - 99 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(f), SIGNATURE BLOCK FOR ATTORNEY MAKING LIMITED APPEARANCE (07/12) When should this form be used? This signature block should be used on any form filed with the court when the attorney is making a limited appearance under Florida Family Law Rule of Procedure 12.040. Where can I look for more information? See Florida Family Law Rule of Procedure 12.040(e). Instructions for Florida Family Law Rules of Procedure 12.900(f), Signature Block for Attorney Making Limited Appearance (07/12) - 100 - Attorney for [check only one] ( ) Petitioner ( ) Respondent for the limited purpose of: {specify matter or proceeding}___________________________________________________________ . Signature of Attorney Printed Name: Address: City, State, Zip: Telephone Number: E-mail Address(es):_______________________ Florida Bar Number : Petitioner/Respondent: Name: _________________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ E-mail Address(es):________________________ Florida Family Law Rules of Procedure Form 12.900(f), Signature Block for Attorney Making Limited Appearance (07/12) - 101 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(g), AGREEMENT LIMITING REPRESENTATION (07/12) When should this form be used? This form should be used as a rider or supplemental agreement, in addition to an Attorney-Client fee agreement, between the attorney and client when the attorney is making a limited appearance under Rules Regulating Florida Bar 4-1.2(c), 4-4.2(b), and 4-4.3(b) and Florida Family Law Rule of Procedure 12.040. A limited appearance means the attorney is not handling the whole case for the client, but is only being retained to do a specific part of the case. Where can I look for more information? See Rules Reg. Fla. Bar 4-1.2(c), 4-4.2(b), and 4-4.3(b) and Florida Family Law Rule of Procedure 12.040. Instructions for Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation (07/12) - 102 - AGREEMENT LIMITING REPRESENTATION (This agreement is supplemental to the Attorney-Client fee agreement and is limited to addressing the consequences of Limited Legal Representation by an attorney in Florida) TO THE CLIENT: THIS IS A LEGALLY BINDING CONTRACT. PLEASE READ IT CAREFULLY AND MAKE CERTAIN THAT YOU UNDERSTAND ALL OF THE TERMS AND CONDITIONS. YOU MAY TAKE THIS CONTRACT HOME WITH YOU, REVIEW IT WITH ANOTHER ATTORNEY IF YOU WISH, AND ASK ANY QUESTIONS YOU MAY HAVE BEFORE SIGNING. EMPLOYMENT OF AN ATTORNEY FOR LIMITED REPRESENTATION REQUIRES THAT THE ATTORNEY AND CLIENT CAREFULLY AND THOROUGHLY REVIEW THE DUTIES AND RESPONSIBILITIES EACH WILL ASSUME. ANY LIMITED REPRESENTATION AGREEMENT SHOULD DESCRIBE, IN DETAIL, THE ATTORNEY S DUTIES IN THE CLIENT S INDIVIDUAL CASE. 1. SERVICES/LIMITED SCOPE OF REPRESENTATION: Client, {name} ______________________, employs Attorney, {name} _______________________________________________to provide representation only in the limited matter(s) described as follows: _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ 2. COMPLIANCE WITH CHAPTER 4 OF THE RULES REGULATING THE FLORIDA BAR: Although legal assistance is limited, an attorney-client relationship exists, and the client is entitled to the standards of professional responsibility established by Chapter 4 of the Rules Regulating the Florida Bar, including confidentiality, competence, and diligence. 3. COMPLIANCE WITH FLORIDA FAMILY LAW RULE OF PROCEDURE 12.040: An Attorney hired to provide limited representation in court must comply with Florida Family Law Rule of Procedure 12.040, as follows: a. The attorney will file with the court a Notice of Limited Appearance, Florida Family Law Rules of Procedure Form 12.900(b), signed by the client, specifically limiting the attorney's appearance to the particular proceeding or matter in which the attorney appears. b. If the attorney seeks to withdraw from representation before the conclusion of a limited appearance, the attorney must: (1) File a motion with the court setting forth the reasons and serve that motion on the client and interested persons, and (2) Obtain approval of the court. c. At the conclusion of the proceeding or matter, the attorney s role terminates without the necessity of leave of court, on the attorney filing Termination of Limited Appearance, Florida Family Law Rules of Procedure Form 12.900(d). The notice shall include the names and last known addresses of the person(s) represented by the withdrawing attorney. d. THE CLIENT IS ADVISED THAT ANY OBJECTION TO THE ATTORNEY S TERMINATION OF LIMITED Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation (07/12) - 103 - APPEARANCE MUST BE MADE IN WRITING BY THE CLIENT BY PROVIDING THE JUDGE, THE ATTORNEY, AND EACH OTHER INTERESTED PERSON (OR THEIR ATTORNEY) A COPY AND FILING THE ORIGINAL WITH THE CLERK OF COURT. 4. ADDITIONAL SERVICES/REPRESENTATION: The attorney and client may later determine that the attorney should provide additional limited services or assume full representation. The attorney may decline to provide additional services. a. If the attorney agrees to provide additional services, those additional services should be specifically listed in an amendment to this agreement, signed and dated by both the attorney and the client. b. If the attorney and client agree that the attorney shall serve as the client's attorney of record on all matters related to handling the client s case, the client and the attorney should indicate that agreement in an amendment to this agreement, signed and dated by both the attorney and the client. c. In either case, additional compliance with the notice requirement of Rule 12.040 will be required by the attorney. d. THE ATTORNEY AND THE CLIENT SHOULD NOT RELY ON VERBAL DISCUSSIONS OR VERBAL AGREEMENTS WHEN CHANGING THE TERMS OF THE ATTORNEY S RESPONSIBILITY FOR REPRESENTATION. 5. ATTORNEYS FEES AND COURT COSTS: The attorney and the client have made a separate agreement in writing as to payment of attorneys fees and all costs associated with the case and the attorney s representation. BY SIGNING THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE FOREGOING TERMS, AND YOU INTEND TO BE LEGALLY BOUND BY THEM. ___________________________ Attorney __________________________ Client Name: __________________________ Address: _________________________ City, State, Zip: ___________________ Telephone Number: ________________ E-mail Address(es):__________________ Florida Bar Number: ________________ Name: __________________________ Address: _________________________ City, State, Zip: ____________________ Telephone Number: ________________ E-mail Address(es):__________________ Date: __________________________ Date: __________________________ I HAVE BEEN PROVIDED A FULLY EXECUTED COPY OF THIS AGREEMENT LIMITING REPRESENTATION _______________________________ Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation (07/12) - 104 - Client Florida Family Law Rules of Procedure Form 12.900(g), Agreement Limiting Representation (07/12) - 105 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.900(h), NOTICE OF RELATED CASES (07/12) When should this form be used? Florida Rule of Judicial Administration 2.545(d) requires the petitioner in a family law case to file with the court a notice of related cases, if any. Your circuit may also require this form to be filed even if there are no related cases. A case is considered related if: ï · ï · ï · ï · it involves the same parties, children, or issues and is pending when the family law case is filed; or it affects the court s jurisdiction to proceed; or an order in the related case may conflict with an order on the same issues in the new case; or an order in the new case may conflict with an order in the earlier case. This form is used to provide the required notice to the court. This form should be typed or printed in black ink. It must be filed with the clerk of the circuit court with the initial pleading in the family law case. What should I do next? A copy of the form must be served on the presiding judges, either the chief judge or the family law administrative judge, and all parties in the related cases. You should also keep a copy for your records. Service must be in accordance with 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 Florida Rule of Judicial Administration 2.545(d). Special notes . . . 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 Instructions for Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (07/12) - 106 - must also 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 Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (07/12) - 107 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: _____________________________, Petitioner, and _____________________________, Respondent. NOTICE OF RELATED CASES 1. Petitioner submits this Notice of Related Cases as required by Florida Rule of Judicial Administration 2.545(d). A related case may be an open or closed civil, criminal, guardianship, domestic violence, juvenile delinquency, juvenile dependency, or domestic relations case. A case is related to this family law case if it involves any of the same parties, children, or issues and it is pending at the time the party files a family case; if it affects the court s jurisdiction to proceed; if an order in the related case may conflict with an order on the same issues in the new case; or if an order in the new case may conflict with an order in the earlier litigation. [check one only] ___ There are no related cases. ___ The following are the related cases (add additional pages if necessary): Related Case No. 1 Case Name(s): _____________________________________________________________________ Petitioner :________________________________________________________________________ Respondent :_______________________________________________________________________ Case No.: _________________________________ Division: ________________________________ Type of Proceeding: [check all that apply] ____ Dissolution of Marriage ____ Custody ____ Child Support ____ Juvenile Dependency ____ Termination of Parental Rights ____ Domestic/Sexual/Dating/Repeat Violence Injunctions ____ Paternity ____ Adoption ____ Modification/Enforcement/Contempt Proceedings ____ Juvenile Delinquency ____ Criminal ____ Mental Health ____Other {specify} ___________________________ Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (07/12) - 108 - State where case was decided or is pending: ____ Florida ____ Other: {specify} _________________ Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida): __________________________________________________________________ Title of last Court Order/Judgment (if any): ______________________________________________ Date of Court Order/Judgment (if any): _________________________________________________ Relationship of cases [check all that apply]: ___ pending case involves same parties, children, or issues; ___ may affect court s jurisdiction; ___ order in related case may conflict with an order in this case; ___ order in this case may conflict with previous order in related case. Statement as to the relationship of the cases: ____________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Related Case No. 2 Case Name(s): _____________________________________________________________________ Petitioner:________________________________________________________________________ Respondent :_______________________________________________________________________ Case No.: _________________________________ Division: ________________________________ Type of Proceeding: [check all that apply] ____ Dissolution of Marriage ____ Custody ____ Child Support ____ Juvenile Dependency ____ Termination of Parental Rights ____ Domestic/Sexual/Dating/Repeat Violence Injunctions ____ Paternity ____ Adoption ____ Modification/Enforcement/Contempt Proceedings ____ Juvenile Delinquency ____ Criminal ____ Mental Health ____Other {specify} _________________________ State where case was decided or is pending: ____ Florida ___ _Other: {specify} _________________ Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida): __________________________________________________________________ Title of last Court Order/Judgment (if any): ______________________________________________ Date of Court Order/Judgment (if any): _________________________________________________ Relationship of cases [check all that apply]: ___ pending case involves same parties, children, or issues; ___ may affect court s jurisdiction; Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (07/12) - 109 - ___ order in related case may conflict with an order in this case; ___ order in this case may conflict with previous order in related case. Statement as to the relationship of the cases: ____________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Related Case No. 3 Case Name(s): _____________________________________________________________________ Petitioner: ________________________________________________________________________ Respondent: _______________________________________________________________________ Case No.: _________________________________ Division: ________________________________ Type of Proceeding: [check all that apply] ____ Dissolution of Marriage ____ Custody ____ Child Support ____ Juvenile Dependency ____ Termination of Parental Rights ____ Domestic/Sexual/Dating/Repeat Violence Injunctions ____ Paternity ____ Adoption ____ Modification/Enforcement/Contempt Proceedings ____ Juvenile Delinquency ____ Criminal ____ Mental Health ____Other {specify} _________________________ State where case was decided or is pending: ____ Florida ____ Other: {specify} _________________ Name of Court where case was decided or is pending (for example, Fifth Circuit Court, Marion County, Florida): __________________________________________________________________ Title of last Court Order/Judgment (if any): ______________________________________________ Date of Court Order/Judgment (if any): _________________________________________________ Relationship of cases [check all that apply]: ___ pending case involves same parties, children, or issues; ___ may affect court s jurisdiction; ___ order in related case may conflict with an order in this case; ___ order in this case may conflict with previous order in related case. Statement as to the relationship of the cases: ____________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 2. [check one only] ___ I do not request coordination of litigation in any of the cases listed above. Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (07/12) - 110 - ___ I do request coordination of the following cases: ______________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. [check all that apply] ___ Assignment to one judge ___ Coordination of existing cases will conserve judicial resources and promote an efficient determination of these cases because:_______________________________________________________________________. 4. The Petitioner acknowledges a continuing duty to inform the court of any cases in this or any other state that could affect the current proceeding. Dated: _________________ ________________________________________ Petitioner s Signature Printed Name: ______________________________ Address: ________________________________ City, State, Zip: ___________________________ Telephone Number: _______________________ Fax Number: ____________________________ E-mail Address(es):________________________ CERTIFICATE OF SERVICE I CERTIFY that I delivered a copy of this Notice of Related Cases to the _________________ County Sheriff s Department or a certified process server for service on the Respondent, and [check all used] ( ) e-mailed, ( ) mailed, ( ) hand delivered, a copy to {name}______________________________, who is the [check all that apply] ( ) judge assigned to new case, ( ) chief judge or family law administrative judge, ( ) {name}__________________________________, a party to the related case, ( ) {name} __________________________, a party to the related case on{date}_________________. ___________________________________ Signature of Petitioner/Attorney for Petitioner Printed Name:________________________ Address:_____________________________ City, State, Zip:________________________ Telephone Number:____________________ Fax Number: _________________________ E-mail Address(es):_____________________ Florida Bar Number: ___________________ Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (07/12) - 111 - IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} ____________________________________________________________________, {name of business} ____________________________________________________________________, {address}______________________________________________________________________, {city} _______________________,{state} _______, {telephone number} _____________________. Florida Family Law Rules of Procedure Form 12.900(h), Notice of Related Cases (07/12) - 112 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(b), FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (07/12) When should this form be used? This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is UNDER $50,000 per year unless: (1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of a financial affidavit; (2) You have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues; or (3) The court lacks jurisdiction to determine any financial issues. 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. You should file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be served on the other party in your case within 45 days of being served with the petition, if it is not served on him or her with your initial papers. Service must be in accordance with 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 Florida Family Law Rule of Procedure 12.285. Special notes... If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h). Instructions to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 113 - The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions. Hourly - If you are paid by the hour, you may convert your income to monthly as follows: Hourly amount x Hours worked per week = Weekly amount Weekly amount x 52 Weeks per year = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Daily - If you are paid by the day, you may convert your income to monthly as follows: Daily amount x Days worked per week = Weekly amount Weekly amount x 52 Weeks per year = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Weekly - If you are paid by the week, you may convert your income to monthly as follows: Weekly amount x 52 Weeks per year = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows: Bi-weekly amount x 26 = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows: Semi-monthly amount x 2 = Monthly Amount Expenses may be converted in the same manner. 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 to Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 114 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. FAMILY LAW FINANCIAL AFFIDAVIT (SHORT FORM) (Under $50,000 Individual Gross Annual Income) I, {full legal name} information is true: My Occupation: , being sworn, certify that the following Employed by: ___________________________ Business Address: ________________________________________________________________ Pay rate: $ ( ) every week ( ) every other week ( ) twice a month ( ) monthly ( ) other: ____________ ___ Check here if unemployed and explain on a separate sheet your efforts to find employment. SECTION I. PRESENT MONTHLY GROSS INCOME: All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under other should be listed separately with separate dollar amounts. 1. $______ Monthly gross salary or wages 2. ______ Monthly bonuses, commissions, allowances, overtime, tips, and similar payments 3. _______Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expenses.) 4. _______Monthly disability benefits/SSI 5. _______Monthly Workers Compensation 6. _______Monthly Unemployment Compensation 7. _______Monthly pension, retirement, or annuity payments 8. _______Monthly Social Security benefits 9. ______ Monthly alimony actually received (Add 9a and 9b) 9a. From this case: $ _______ 9b. From other case(s): _______ Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 115 - 10. _______ Monthly interest and dividends 11. _______Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expense items.) 12. _______ Monthly income from royalties, trusts, or estates 13. _______ Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses 14. 15. 16. 17. _______ Monthly gains derived from dealing in property (not including nonrecurring gains) _______ Any other income of a recurring nature (list source) _________________________ __________________________________________________________________________ $ _______ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1 16) PRESENT MONTHLY DEDUCTIONS: 18. $______Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities) a. Filing Status ____________ b. Number of dependents claimed _______ 19. _______ Monthly FICA or self-employment taxes 20. _______ Monthly Medicare payments 21. _______ Monthly mandatory union dues 22. _______ Monthly mandatory retirement payments 23. _______ Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship 24. _______ Monthly court-ordered child support actually paid for children from another relationship 25. _______Monthly court-ordered alimony actually paid (Add 25a and 25b) 25a. from this case: $ _______ 25b. from other case(s): _______ 26. $_______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25). 27. $_______ PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17) Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form)(07/12) - 116 - SECTION II. AVERAGE MONTHLY EXPENSES A. HOUSEHOLD: Mortgage or rent $ _______ Property taxes $_______ Utilities $_______ Telephone $ _______ Food $ _______ Meals outside home $_______ Maintenance/Repairs $ _______ Other: __________ $_______ B. AUTOMOBILE Gasoline Repairs Insurance E. OTHER EXPENSES NOT LISTED ABOVE Clothing $ _______ Medical/Dental (uninsured) $_______ Grooming $ _______ Entertainment $_______ Gifts $_______ Religious organizations $_______ Miscellaneous $_______ Other: ______________ $ _______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ $ _______ $_______ $_______ C. CHILD(REN) S EXPENSES Day care $ _______ Lunch money $_______ Clothing $ _______ Grooming $_______ Gifts for holidays $ _______ Medical/Dental (uninsured) $ _______ Other: ______________ $ _______ D. INSURANCE Medical/Dental $ _______ Child(ren) s medical/dental $ _______ Life $ _______ Other: $ _______ F. PAYMENTS TO CREDITORS CREDITOR: MONTHLY PAYMENT ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ ____________________ $_______ 28. $_______ TOTAL MONTHLY EXPENSES (add ALL monthly amounts in A through F above) SUMMARY 29. $_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME) 30. $_______ TOTAL MONTHLY EXPENSES (from line 28 above) 31. $_______ SURPLUS (If line 29 is more than line 30, subtract line 30 from line 29. This is the amount of your surplus. Enter that amount here.) 32. ($_______) (DEFICIT) (If line 30 is more than line 29, subtract line 29 from line 30. This is the amount of your deficit. Enter that amount here.) SECTION III. ASSETS AND LIABILITIES Use the nonmarital column only if this is a petition for dissolution of marriage and you believe an item is nonmarital, meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item(s) or debt belongs. (Typically, you will only use this column if property/debt was owned/owed by one spouse before the marriage. See the General Information for Self-Represented Litigants found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of marital and nonmarital assets and liabilities.) Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 117 - A. ASSETS: DESCRIPTION OF ITEM(S). List a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution Current Fair of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check Market the line next to any asset(s) which you are requesting the judge Value award to you. Nonmarital (check correct column) husband Cash (on hand) Cash (in banks or credit unions) Stocks, Bonds, Notes Real estate: (Home) (Other) Automobiles Other personal property Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Other ____Check here if additional pages are attached. Total Assets (add next column) wife $ $ B. LIABILITIES: Nonmarital DESCRIPTION OF ITEM(S). List a description of each separate debt Current (check correct owed by you (and/or your spouse, if this is a petition for dissolution Amount column) of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check Owed the line next to any debt(s) for which you believe you should be responsible. husband wife Mortgages on real estate: First mortgage on home Second mortgage on home Other mortgages $ Auto loans Charge/credit card accounts Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 118 - Nonmarital DESCRIPTION OF ITEM(S). List a description of each separate debt Current (check correct owed by you (and/or your spouse, if this is a petition for dissolution Amount column) of marriage). LIST ONLY LAST 4 DIGITS OF ACCOUNT NUMBERS. Check Owed the line next to any debt(s) for which you believe you should be responsible. husband wife Other ____Check here if additional pages are attached. Total Debts (add next column) $ C. CONTINGENT ASSETS AND LIABILITIES: INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here. Contingent Assets Check the line next to any contingent asset(s) which you are requesting the judge award to you. Possible Value Nonmarital (check correct column) husband wife $ Total Contingent Assets $ Contingent Liabilities Check the line next to any contingent debt(s) for which you believe you should be responsible. Possible Amount Owed Nonmarital (check correct column) husband wife $ Total Contingent Liabilities $ SECTION IV. CHILD SUPPORT GUIDELINES WORKSHEET (Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties.) [Check one only] Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 119 - ____ ____ A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the establishment or modification of child support. A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or modification of child support is not an issue in this case. I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( hand delivered to the person(s) listed below on {date} ________________________________. ) Other party or his/her attorney: Name: _____________________________ Address: ____________________________ City, State, Zip: _______________________ Fax Number: _________________________ E-mail Address(es): _____________________ I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Party Printed Name: ________________________________ Address: ___________________________________ City, State, Zip: ______________________________ Fax Number: ________________________________ E-mail Address(es): ____________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] ____ Personally known ____ Produced identification Type of identification produced Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 120 - IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} _______________________________________________________________, {address} ______________________________, {city} ,{state} ________ {telephone number} . Florida Family Law Rules of Procedure Form 12.902(b), Family Law Financial Affidavit (Short Form) (07/12) - 121 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULE OF PROCEDURE FORM 12.902(c), FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM)(07/12) When should this form be used? This form should be used when you are involved in a family law case which requires a financial affidavit and your individual gross income is $50,000 OR MORE per year unless: (1) You are filing a simplified dissolution of marriage under rule 12.105 and both parties have waived the filing of financial affidavits; (2) you have no minor children, no support issues, and have filed a written settlement agreement disposing of all financial issues; or (3) the court lacks jurisdiction to determine any financial issues. 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. You should then file the original with the clerk of the circuit court in the county where the petition was filed and keep a copy for your records. What should I do next? A copy of this form must be served on the other party in your case within 45 days of being served with the petition, if it is not served on him or her with your initial papers. Service must be in accordance with 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 Florida Family Law Rule of Procedure 12.285. Special notes... If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h). The affidavit must be completed using monthly income and expense amounts. If you are paid or your bills are due on a schedule which is not monthly, you must convert those amounts. Hints are provided below for making these conversions. Instructions for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 122 - Instructions for Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 123 - Hourly - If you are paid by the hour, you may convert your income to monthly as follows: Hourly amount x Hours worked per week = Weekly amount Weekly amount x 52 Weeks per year = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Daily - If you are paid by the day, you may convert your income to monthly as follows: Daily amount x Days worked per week = Weekly amount Weekly amount x 52 Weeks per year = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Weekly - If you are paid by the week, you may convert your income to monthly as follows: Weekly amount x 52 Weeks per year = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Bi-weekly - If you are paid every two weeks, you may convert your income to monthly as follows: Bi-weekly amount x 26 = Yearly amount Yearly amount Ã· 12 Months per year = Monthly Amount Semi-monthly - If you are paid twice per month, you may convert your income to monthly as follows: Semi-monthly amount x 2 = Monthly Amount Expenses may be converted in the same manner. 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 Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 124 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. FAMILY LAW FINANCIAL AFFIDAVIT (LONG FORM) ($50,000 or more Individual Gross Annual Income) I, {full legal name} that the following information is true: , being sworn, certify SECTION I. INCOME 1. My age is: ___________________ 2. My occupation is: ________________________________________________________________ 3. I am currently [Check all that apply] a. ____ Unemployed Describe your efforts to find employment, how soon you expect to be employed, and the pay you expect to receive: __________________________________________________________ ____________________________________________________________________________ b. ____ Employed by: ____________________________________________________________ Address: ____________________________________________________________________ City, State, Zip code: ________________________________ Telephone Number: _________ Pay rate: $ ______ ( ) every week ( ) every other week ( ) twice a month ( ) monthly ( ) other: ________________________________________________________ If you are expecting to become unemployed or change jobs soon, describe the change you expect and why and how it will affect your income: _________________________________ ___________________________________________________________________________ ____ Check here if you currently have more than one job. List the information above for the second job(s) on a separate sheet and attach it to this affidavit. Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 125 - c. _____ Retired. Date of retirement: _______________________________________________ Employer from whom retired: ___________________________________________________ Address: _____________________________________________________________________ City, State, Zip code: _______________________________ Telephone Number: __________ LAST YEAR S GROSS INCOME: YEAR_____ Your Income $ _______ Other Party s Income (if known) $ _______ PRESENT MONTHLY GROSS INCOME: All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. Attach more paper, if needed. Items included under other should be listed separately with separate dollar amounts. 1. $______ Monthly gross salary or wages 2. _______ Monthly bonuses, commissions, allowances, overtime, tips, and similar payments 3. _______ Monthly business income from sources such as self-employment, partnerships, close corporations, and/or independent contracts (Gross receipts minus ordinary and necessary expenses required to produce income.)(Attach sheet itemizing such income and expenses.) 4. _______ Monthly disability benefits/SSI 5. _______ Monthly Workers Compensation 6. _______ Monthly Unemployment Compensation 7. _______ Monthly pension, retirement, or annuity payments 8. _______ Monthly Social Security benefits 9. _______ Monthly alimony actually received (Add 9a and 9b) 9a. From this case: $________ 9b. From other case(s): ________ 10. _______ Monthly interest and dividends 11. _______ Monthly rental income (gross receipts minus ordinary and necessary expenses required to produce income) (Attach sheet itemizing such income and expense items.) 12. _______ Monthly income from royalties, trusts, or estates 13. _______ Monthly reimbursed expenses and in-kind payments to the extent that they reduce personal living expenses (Attach sheet itemizing each item and amount.) 14. _______ Monthly gains derived from dealing in property (not including nonrecurring gains) Any other income of a recurring nature (identify source) 15. _______________________________________________________________________________ 16. _______________________________________________________________________________ 17. $_________ TOTAL PRESENT MONTHLY GROSS INCOME (Add lines 1 through 16). PRESENT MONTHLY DEDUCTIONS: All amounts must be MONTHLY. See the instructions with this form to figure out money amounts for anything that is NOT paid monthly. 18. $_______ Monthly federal, state, and local income tax (corrected for filing status and allowable dependents and income tax liabilities) a. Filing Status b. Number of dependents claimed 19. _______ Monthly FICA or self-employment taxes Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 126 - 20. 21. 22. 23. _______ Monthly Medicare payments _______ Monthly mandatory union dues _______ Monthly mandatory retirement payments _______ Monthly health insurance payments (including dental insurance), excluding portion paid for any minor children of this relationship 24. _______ Monthly court-ordered child support actually paid for children from another relationship 25. _______ Monthly court-ordered alimony actually paid (Add 25a and 25b) 25a. from this case: $ _________ 25b. from other case(s): _________ 26. $______ TOTAL DEDUCTIONS ALLOWABLE UNDER SECTION 61.30, FLORIDA STATUTES (Add lines 18 through 25). 27. $______ PRESENT NET MONTHLY INCOME (Subtract line 26 from line 17). SECTION II. AVERAGE MONTHLY EXPENSES Proposed/Estimated Expenses. If this is a dissolution of marriage case and your expenses as listed below do not reflect what you actually pay currently, you should write estimate next to each amount that is estimated. HOUSEHOLD: 1. $______ Monthly mortgage or rent payments 2. _______ Monthly property taxes (if not included in mortgage) 3. _______ Monthly insurance on residence (if not included in mortgage) 4. _______ Monthly condominium maintenance fees and homeowner s association fees 5. _______ Monthly electricity 6. _______ Monthly water, garbage, and sewer 7. _______ Monthly telephone 8. _______ Monthly fuel oil or natural gas 9. _______ Monthly repairs and maintenance 10. _______ Monthly lawn care 11. _______ Monthly pool maintenance 12. _______ Monthly pest control 13. _______ Monthly misc. household 14. _______ Monthly food and home supplies 15. _______ Monthly meals outside home 16. _______ Monthly cable t.v. 17. _______ Monthly alarm service contract 18. _______ Monthly service contracts on appliances 19. _______ Monthly maid service Other: 20. __________________________________________________________________________________ 21. __________________________________________________________________________________ 22. __________________________________________________________________________________ 23. __________________________________________________________________________________ 24. __________________________________________________________________________________ 25. $_______ SUBTOTAL (add lines 1 through 24). Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 127 - AUTOMOBILE: 26. $______ Monthly gasoline and oil 27. _______ Monthly repairs 28. _______ Monthly auto tags and emission testing 29. _______ Monthly insurance 30. _______ Monthly payments (lease or financing) 31. _______ Monthly rental/replacements 32. _______ Monthly alternative transportation (bus, rail, car pool, etc.) 33. _______ Monthly tolls and parking 34. _______ Other: _________________________________________________ 35. $_______ SUBTOTAL (add lines 26 through 34) MONTHLY EXPENSES FOR CHILDREN COMMON TO BOTH PARTIES: 36. $______ Monthly nursery, babysitting, or day care 37. _______ Monthly school tuition 38. _______ Monthly school supplies, books, and fees 39. _______ Monthly after school activities 40. _______ Monthly lunch money 41. _______ Monthly private lessons or tutoring 42. _______ Monthly allowances 43. _______ Monthly clothing and uniforms 44. _______ Monthly entertainment (movies, parties, etc.) 45. _______ Monthly health insurance 46. _______ Monthly medical, dental, prescriptions (nonreimbursed only) 47. _______ Monthly psychiatric/psychological/counselor 48. _______ Monthly orthodontic 49. _______ Monthly vitamins 50. _______ Monthly beauty parlor/barber shop 51. _______ Monthly nonprescription medication 52. _______ Monthly cosmetics, toiletries, and sundries 53. _______ Monthly gifts from child(ren) to others (other children, relatives, teachers, etc.) 54. _______ Monthly camp or summer activities 55. _______ Monthly clubs (Boy/Girl Scouts, etc.) 56. _______ Monthly time-sharing expenses 57. _______ Monthly miscellaneous 58. $_______ SUBTOTAL (add lines 36 through 57) MONTHLY EXPENSES FOR CHILD(REN) FROM ANOTHER RELATIONSHIP (other than court-ordered child support) 59. $________________________________________________________________________________ 60. __________________________________________________________________________________ 61. __________________________________________________________________________________ 62. __________________________________________________________________________________ 63. $_______ SUBTOTAL (add lines 59 through 62) Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 128 - MONTHLY INSURANCE: 64. $______ Health insurance, excluding portion paid for any minor child(ren) of this relationship 65. _______ Life insurance 66. _______ Dental insurance Other: 67. __________________________________________________________________________________ 68. __________________________________________________________________________________ 69. $_______ SUBTOTAL (add lines 64 through 68) OTHER MONTHLY EXPENSES NOT LISTED ABOVE: 70. $______ Monthly dry cleaning and laundry 71. _______ Monthly clothing 72. _______ Monthly medical, dental, and prescription (unreimbursed only) 73. _______ Monthly psychiatric, psychological, or counselor (unreimbursed only) 74. _______ Monthly non-prescription medications, cosmetics, toiletries, and sundries 75. _______ Monthly grooming 76. _______ Monthly gifts 77. _______ Monthly pet expenses 78. _______ Monthly club dues and membership 79. _______ Monthly sports and hobbies 80. _______ Monthly entertainment 81. _______ Monthly periodicals/books/tapes/CDs 82. _______ Monthly vacations 83. _______ Monthly religious organizations 84. _______ Monthly bank charges/credit card fees 85. _______ Monthly education expenses 86. ______ Other: (include any usual and customary expenses not otherwise mentioned in the items listed above)______________________________________________________________ 87. __________________________________________________________________________________ 88. __________________________________________________________________________________ 89. __________________________________________________________________________________ 90. $_______ SUBTOTAL (add lines 70 through 89) MONTHLY PAYMENTS TO CREDITORS: (only when payments are currently made by you on outstanding balances). List only last 4 digits of account numbers. MONTHLY PAYMENT AND NAME OF CREDITOR(s): 91. $_________________________________________________________________________________ 92. __________________________________________________________________________________ 93. __________________________________________________________________________________ 94. __________________________________________________________________________________ 95. __________________________________________________________________________________ 96. __________________________________________________________________________________ 97. __________________________________________________________________________________ 98. __________________________________________________________________________________ 99. __________________________________________________________________________________ 100. ______________________________________________________________________________ 101. ______________________________________________________________________________ 102. ______________________________________________________________________________ Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 129 - 103. ______________________________________________________________________________ 104. $_______ SUBTOTAL (add lines 91 through 103) 105. $_______TOTAL MONTHLY EXPENSES: (add lines 25, 35, 58, 63, 69, 90, and 104 of Section II, Expenses) SUMMARY 106. $_______ TOTAL PRESENT MONTHLY NET INCOME (from line 27 of SECTION I. INCOME) 107. $_______ TOTAL MONTHLY EXPENSES (from line 105 above) 108. $_______ SURPLUS (If line 106 is more than line 107, subtract line 107 from line 106. This is the amount of your surplus. Enter that amount here.) 109. ($______)(DEFICIT) (If line 107 is more than line 106, subtract line 106 from line 107. This is the amount of your deficit. Enter that amount here.) SECTION III. ASSETS AND LIABILITIES A. ASSETS (This is where you list what you OWN.) INSTRUCTIONS: STEP 1: In column A, list a description of each separate item owned by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item. STEP 2: If this is a petition for dissolution of marriage, check the line in Column A next to any item that you are requesting the judge award to you. STEP 3: In column B, write what you believe to be the current fair market value of all items listed. STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is nonmarital, meaning it belongs to only one of you and should not be divided. You should indicate to whom you believe the item belongs. (Typically, you will only use Column C if property was owned by one spouse before the marriage. See the General Information for Self-Represented Litigants found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of marital and nonmarital assets and liabilities.) A ASSETS: DESCRIPTION OF ITEM(S) B Current Fair LIST ONLY LAST FOUR DIGITS OF ACCOUNT NUMBERS. Market Check the line next to any asset(s) which you are requesting the judge award Value to you. C Nonmarital (Check correct column) husband wife $ Cash (on hand) Cash (in banks or credit unions) Stocks/Bonds Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 130 - Notes (money owed to you in writing) Money owed to you (not evidenced by a note) Real estate: (Home) (Other) Business interests Automobiles Boats Other vehicles Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.) Furniture & furnishings in home Furniture & furnishings elsewhere Collectibles Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 131 - Jewelry Life insurance (cash surrender value) Sporting and entertainment (T.V., stereo, etc.) equipment Other assets: Total Assets (add column B) $ B. LIABILITIES/DEBTS (This is where you list what you OWE.) INSTRUCTIONS: STEP 1: In column A, list a description of each separate debt owed by you (and/or your spouse, if this is a petition for dissolution of marriage). Blank spaces are provided if you need to list more than one of an item. STEP 2: If this is a petition for dissolution of marriage, check the line in Column A next to any debt(s) for which you believe you should be responsible. STEP 3: In column B, write what you believe to be the current amount owed for all items listed. STEP 4: Use column C only if this is a petition for dissolution of marriage and you believe an item is nonmarital, meaning the debt belongs to only one of you and should not be divided. You should indicate to whom you believe the debt belongs. (Typically, you will only use Column C if the debt was owed by one spouse before the marriage. See the General Information for SelfRepresented Litigants found at the beginning of these forms and section 61.075(1), Florida Statutes, for definitions of marital and nonmarital assets and liabilities.) Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 132 - A LIABILITIES: DESCRIPTION OF ITEM(S) LIST ONLY LAST FOUR DIGITS OF ACCOUNT NUMBERS. Check the line next to any debt(s) for which you believe you should be responsible. Mortgages on real estate: First mortgage on home B Current Amount Owed husband wife $ Second mortgage on home Other mortgages Charge/credit card accounts Auto loan Auto loan Bank/Credit Union loans Money you owe (not evidenced by a note) Judgments Other: Total Debts (add column B) $ Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 133 - C Nonmarital (Check correct column) C. NET WORTH (excluding contingent assets and liabilities) $_______Total Assets (enter total of Column B in Asset Table; Section A) $_______Total Liabilities (enter total of Column B in Liabilities Table; Section B) $_______TOTAL NET WORTH (Total Assets minus Total Liabilities) (excluding contingent assets and liabilities) D. CONTINGENT ASSETS AND LIABILITIES INSTRUCTIONS: If you have any POSSIBLE assets (income potential, accrued vacation or sick leave, bonus, inheritance, etc.) or POSSIBLE liabilities (possible lawsuits, future unpaid taxes, contingent tax liabilities, debts assumed by another), you must list them here. A Contingent Assets B Possible Value Check the line next to any contingent asset(s) which you are requesting the judge award to you. C Nonmarital (Check correct column) husband wife $ Total Contingent Assets $ A Contingent Liabilities B Possible Amount Owed Check the line next to any contingent debt(s) for which you believe you should be responsible. C Nonmarital (Check correct column) husband $ $ Total Contingent Liabilities Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 134 - wife E. CHILD SUPPORT GUIDELINES WORKSHEET. Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet, MUST be filed with the court at or prior to a hearing to establish or modify child support. This requirement cannot be waived by the parties. [Check one only] ____A Child Support Guidelines Worksheet IS or WILL BE filed in this case. This case involves the establishment or modification of child support. ____A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or modification of child support is not an issue in this case. I certify that a copy of this financial affidavit was [check all used]: ( ) e-mailed ( ) mailed, ( ( ) hand delivered to the person(s) listed below on {date} ____________________. ) faxed Other party or his/her attorney: Name: _____________________________ Address: ____________________________ City, State, Zip: _______________________ Fax Number: _________________________ E-mail Address(es): _____________________ I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: ______________________ __________________________________________ Signature of Party Printed Name: ______________________________ Address: ___________________________________ City, State, Zip: ______________________________ Fax Number: ________________________________ E-mail Address(es): ____________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk] __ Personally known __ Produced identification Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 135 - Type of identification produced Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 136 - IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} ___________________________________________________________, {name of business} ______________________________________________________________, {address} _____________________________, {city} ____,{state} _, {telephone number} Florida Family Law Rules of Procedure Form 12.902(c), Family Law Financial Affidavit (Long Form) (07/12) - 137 - . INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.902(e), CHILD SUPPORT GUIDELINES WORKSHEET (07/12) When should this form be used? You should complete this worksheet if child support is being requested in your case. If you know the income of the other party, this worksheet should accompany your financial affidavit. If you do not know the other party s income, this form must be completed after the other party files his or her financial affidavit, and serves a copy on you. This form should be typed or printed in black ink. You should file the original with the clerk of the circuit court in the county where your case is filed and keep a copy for your records. What should I do next? A copy of this form must be served on the other party in your case. Service must be in accordance with 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 section 61.30, Florida Statutes. Special notes... If you want to keep your address confidential because you are the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery or domestic violence, do not enter the address, telephone, and fax information at the bottom of this form. Instead, file Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h). The chart below contains the guideline amounts that you should use when calculating child support. This amount is based on the number of children and the combined income of the parents, and it is divided between the parents in direct proportion to their income or earning capacity. From time to time, some of the amounts in the child support guidelines chart will change. Be sure you have the most recent version of the chart before using it. Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 138 - Because the guidelines are based on monthly amounts, it may be necessary to convert some income and expense figures from other frequencies to monthly. You should do this as follows: If payment is twice per month Payment amount x 2 = Monthly amount If payment is every two weeks Payment amount Yearly amount x Ã· 26 12 = = Yearly amount due Monthly amount If payment is weekly Weekly amount Yearly amount x Ã· 52 12 = = Yearly amount due Monthly amount If you or the other parent request that the court award an amount that is different than the guideline amount, you must also complete and attach a Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943. 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 Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 139 - CHILD SUPPORT GUIDELINES CHART Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 800.00 850.00 900.00 950.00 1000.00 1050.00 1100.00 1150.00 1200.00 1250.00 1300.00 1350.00 1400.00 1450.00 1500.00 1550.00 1600.00 1650.00 1700.00 1750.00 1800.00 1850.00 1900.00 1950.00 2000.00 2050.00 2100.00 2150.00 2200.00 2250.00 2300.00 2350.00 2400.00 2450.00 190 202 213 224 235 246 258 269 280 290 300 310 320 330 340 350 360 370 380 390 400 410 421 431 442 452 463 473 484 494 505 515 526 536 211 257 302 347 365 382 400 417 435 451 467 482 498 513 529 544 560 575 591 606 622 638 654 670 686 702 718 734 751 767 783 799 815 831 213 259 305 351 397 443 489 522 544 565 584 603 623 642 662 681 701 720 740 759 779 798 818 839 859 879 899 919 940 960 980 1000 1020 1041 216 262 309 355 402 448 495 541 588 634 659 681 702 724 746 768 790 812 833 855 877 900 923 946 968 991 1014 1037 1060 1082 1105 1128 1151 1174 218 265 312 359 406 453 500 547 594 641 688 735 765 789 813 836 860 884 907 931 955 979 1004 1029 1054 1079 1104 1129 1154 1179 1204 1229 1254 1279 220 268 315 363 410 458 505 553 600 648 695 743 790 838 869 895 920 945 971 996 1022 1048 1074 1101 1128 1154 1181 1207 1234 1261 1287 1314 1340 1367 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 140 - Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 2500.00 2550.00 2600.00 2650.00 2700.00 2750.00 2800.00 2850.00 2900.00 2950.00 3000.00 3050.00 3100.00 3150.00 3200.00 3250.00 3300.00 3350.00 3400.00 3450.00 3500.00 3550.00 3600.00 3650.00 3700.00 3750.00 3800.00 3850.00 3900.00 3950.00 4000.00 4050.00 4100.00 4150.00 4200.00 4250.00 547 557 568 578 588 597 607 616 626 635 644 654 663 673 682 691 701 710 720 729 738 748 757 767 776 784 793 802 811 819 828 837 846 854 863 872 847 864 880 896 912 927 941 956 971 986 1001 1016 1031 1045 1060 1075 1090 1105 1120 1135 1149 1164 1179 1194 1208 1221 1234 1248 1261 1275 1288 1302 1315 1329 1342 1355 1061 1081 1101 1121 1141 1160 1178 1197 1215 1234 1252 1271 1289 1308 1327 1345 1364 1382 1401 1419 1438 1456 1475 1493 1503 1520 1536 1553 1570 1587 1603 1620 1637 1654 1670 1687 1196 1219 1242 1265 1287 1308 1328 1349 1370 1391 1412 1433 1453 1474 1495 1516 1537 1558 1579 1599 1620 1641 1662 1683 1702 1721 1740 1759 1778 1797 1816 1835 1854 1873 1892 1911 1304 1329 1354 1379 1403 1426 1448 1471 1494 1517 1540 1563 1586 1608 1631 1654 1677 1700 1723 1745 1768 1791 1814 1837 1857 1878 1899 1920 1940 1961 1982 2002 2023 2044 2064 2085 1394 1420 1447 1473 1500 1524 1549 1573 1598 1622 1647 1671 1695 1720 1744 1769 1793 1818 1842 1867 1891 1915 1940 1964 1987 2009 2031 2053 2075 2097 2119 2141 2163 2185 2207 2229 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 141 - Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 4300.00 4350.00 4400.00 4450.00 4500.00 4550.00 4600.00 4650.00 4700.00 4750.00 4800.00 4850.00 4900.00 4950.00 5000.00 5050.00 5100.00 5150.00 5200.00 5250.00 5300.00 5350.00 5400.00 5450.00 5500.00 5550.00 5600.00 5650.00 5700.00 5750.00 5800.00 5850.00 5900.00 5950.00 6000.00 6050.00 881 889 898 907 916 924 933 942 951 959 968 977 986 993 1000 1006 1013 1019 1025 1032 1038 1045 1051 1057 1064 1070 1077 1083 1089 1096 1102 1107 1111 1116 1121 1126 1369 1382 1396 1409 1423 1436 1450 1463 1477 1490 1503 1517 1530 1542 1551 1561 1571 1580 1590 1599 1609 1619 1628 1638 1647 1657 1667 1676 1686 1695 1705 1713 1721 1729 1737 1746 1704 1721 1737 1754 1771 1788 1804 1821 1838 1855 1871 1888 1905 1927 1939 1952 1964 1976 1988 2000 2012 2024 2037 2049 2061 2073 2085 2097 2109 2122 2134 2144 2155 2165 2175 2185 1930 1949 1968 1987 2006 2024 2043 2062 2081 2100 2119 2138 2157 2174 2188 2202 2215 2229 2243 2256 2270 2283 2297 2311 2324 2338 2352 2365 2379 2393 2406 2418 2429 2440 2451 2462 2106 2127 2147 2168 2189 2209 2230 2251 2271 2292 2313 2334 2354 2372 2387 2402 2417 2432 2447 2462 2477 2492 2507 2522 2537 2552 2567 2582 2597 2612 2627 2639 2651 2663 2676 2688 2251 2273 2295 2317 2339 2361 2384 2406 2428 2450 2472 2494 2516 2535 2551 2567 2583 2599 2615 2631 2647 2663 2679 2695 2711 2727 2743 2759 2775 2791 2807 2820 2833 2847 2860 2874 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 142 - Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 6100.00 6150.00 6200.00 6250.00 6300.00 6350.00 6400.00 6450.00 6500.00 6550.00 6600.00 6650.00 6700.00 6750.00 6800.00 6850.00 6900.00 6950.00 7000.00 7050.00 7100.00 7150.00 7200.00 7250.00 7300.00 7350.00 7400.00 7450.00 7500.00 7550.00 7600.00 7650.00 7700.00 7750.00 7800.00 7850.00 1131 1136 1141 1145 1150 1155 1160 1165 1170 1175 1179 1184 1189 1193 1196 1200 1204 1208 1212 1216 1220 1224 1228 1232 1235 1239 1243 1247 1251 1255 1259 1263 1267 1271 1274 1278 1754 1762 1770 1778 1786 1795 1803 1811 1819 1827 1835 1843 1850 1856 1862 1868 1873 1879 1885 1891 1897 1903 1909 1915 1921 1927 1933 1939 1945 1951 1957 1963 1969 1975 1981 1987 2196 2206 2216 2227 2237 2247 2258 2268 2278 2288 2299 2309 2317 2325 2332 2340 2347 2355 2362 2370 2378 2385 2393 2400 2408 2415 2423 2430 2438 2446 2453 2461 2468 2476 2483 2491 2473 2484 2495 2506 2517 2529 2540 2551 2562 2573 2584 2595 2604 2613 2621 2630 2639 2647 2656 2664 2673 2681 2690 2698 2707 2716 2724 2733 2741 2750 2758 2767 2775 2784 2792 2801 2700 2712 2724 2737 2749 2761 2773 2785 2798 2810 2822 2834 2845 2854 2863 2872 2882 2891 2900 2909 2919 2928 2937 2946 2956 2965 2974 2983 2993 3002 3011 3020 3030 3039 3048 3057 2887 2900 2914 2927 2941 2954 2967 2981 2994 3008 3021 3034 3045 3055 3064 3074 3084 3094 3103 3113 3123 3133 3142 3152 3162 3172 3181 3191 3201 3211 3220 3230 3240 3250 3259 3269 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 143 - Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 7900.00 7950.00 8000.00 8050.00 8100.00 8150.00 8200.00 8250.00 8300.00 8350.00 8400.00 8450.00 8500.00 8550.00 8600.00 8650.00 8700.00 8750.00 8800.00 8850.00 8900.00 8950.00 9000.00 9050.00 9100.00 9150.00 9200.00 9250.00 9300.00 9350.00 9400.00 9450.00 9500.00 9550.00 9600.00 9650.00 1282 1286 1290 1294 1298 1302 1306 1310 1313 1317 1321 1325 1329 1333 1337 1341 1345 1349 1352 1356 1360 1364 1368 1372 1376 1380 1384 1388 1391 1395 1399 1403 1407 1411 1415 1419 1992 1998 2004 2010 2016 2022 2028 2034 2040 2046 2052 2058 2064 2070 2076 2082 2088 2094 2100 2106 2111 2117 2123 2129 2135 2141 2147 2153 2159 2165 2171 2177 2183 2189 2195 2201 2498 2506 2513 2521 2529 2536 2544 2551 2559 2566 2574 2581 2589 2597 2604 2612 2619 2627 2634 2642 2649 2657 2664 2672 2680 2687 2695 2702 2710 2717 2725 2732 2740 2748 2755 2763 2810 2818 2827 2835 2844 2852 2861 2869 2878 2887 2895 2904 2912 2921 2929 2938 2946 2955 2963 2972 2981 2989 2998 3006 3015 3023 3032 3040 3049 3058 3066 3075 3083 3092 3100 3109 3067 3076 3085 3094 3104 3113 3122 3131 3141 3150 3159 3168 3178 3187 3196 3205 3215 3224 3233 3242 3252 3261 3270 3279 3289 3298 3307 3316 3326 3335 3344 3353 3363 3372 3381 3390 3279 3289 3298 3308 3318 3328 3337 3347 3357 3367 3376 3386 3396 3406 3415 3425 3435 3445 3454 3464 3474 3484 3493 3503 3513 3523 3532 3542 3552 3562 3571 3581 3591 3601 3610 3620 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 144 - Combined Monthly Available Income One Child Two Children Three Children Four Children Five Children Six Children 9700.00 9750.00 9800.00 9850.00 9900.00 9950.00 10000.00 1422 1425 1427 1430 1432 1435 1437 2206 2210 2213 2217 2221 2225 2228 2767 2772 2776 2781 2786 2791 2795 3115 3121 3126 3132 3137 3143 3148 3396 3402 3408 3414 3420 3426 3432 3628 3634 3641 3647 3653 3659 3666 Instructions for Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 145 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. NOTICE OF FILING CHILD SUPPORT GUIDELINES WORKSHEET PLEASE TAKE NOTICE, that {name} _______, is filing his/her Child Support Guidelines Worksheet attached and labeled Exhibit 1. CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing with the Child Support Guidelines Worksheet was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} __________. Other party or his/her attorney: Name: _____________________________ Address: ____________________________ City, State, Zip: _______________________ Fax Number: _________________________ E-mail Address(es): _____________________ Signature of Party or his/her Attorney Printed Name: _________________________ Address: ____________________________ City, State, Zip: _______________________ Fax Number: _________________________ E-mail Address(es): _____________________ Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 146 - Florida Bar Number: ____________________ Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 147 - CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER B. MOTHER 1. Present Net Monthly Income Enter the amount from line 27, Section I of Florida Family Law Rules of Procedure Form 12.902(b) or (c), Financial Affidavit. 2. Basic Monthly Obligation There is (are) {number}_____ minor child(ren) common to the parties. Using the total amount from line 1, enter the appropriate amount from the child support guidelines chart. 3. Percent of Financial Responsibility Divide the amount on line 1A by the total amount on line 1 to get Father s percentage of financial responsibility. Enter answer on line 3A. Divide the amount on line 1B by the total amount on line 1 to get Mother s percentage of financial responsibility. Enter answer on line 3B. % % 4. Share of Basic Monthly Obligation Multiply the number on line 2 by the percentage on line 3A to get Father s share of basic obligation. Enter answer on line 4A. Multiply the number on line 2 by the percentage on line 3B to get Mother s share of basic obligation. Enter answer on line 4B. Additional Support Health Insurance, Child Care & Other 5. a. 100% of Monthly Child Care Costs [Child care costs should not exceed the level required to provide quality care from a licensed source. See section 61.30(7), Florida Statutes, for more information.] Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 148 - TOTAL CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER B. MOTHER TOTAL b. Total Monthly Child(ren) s Health Insurance Cost [This is only amounts actually paid for health insurance on the child(ren).] c. Total Monthly Child(ren) s Noncovered Medical, Dental and Prescription Medication Costs d. Total Monthly Child Care & Health Costs [Add lines 5a + 5b +5c]. 6. Additional Support Payments Multiply the number on line 5d by the percentage on line 3A to determine the Father s share. Enter answer on line 6A. Multiply the number on line 5d by the percentage on line 3B to determine the Mother s share. Enter answer on line 6B. Statutory Adjustments/Credits 7. a. Monthly child care payments actually made b. Monthly health insurance payments actually made c. Other payments/credits actually made for any noncovered medical, dental and prescription medication expenses of the child(ren) not ordered to be separately paid on a percentage basis. (See section 61.30 (8), Florida Statutes) 8. Total Support Payments actually made (Add 7a though 7c) 9. MINIMUM CHILD SUPPORT OBLIGATION FOR EACH PARENT [Line 4 plus line 6; minus line 8] Substantial Time-Sharing (GROSS UP METHOD) If each parent exercises time-sharing at least 20 percent of the overnights in the year (73 overnights in the year), complete Nos. 10 through 21 A. FATHER B. MOTHER Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 149 - TOTAL CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER 10. Basic Monthly Obligation x 150% [Multiply line 2 by 1.5] 11. Increased Basic Obligation for each parent. Multiply the number on line 10 by the percentage on line 3A to determine the Father s share. Enter answer on line 11A. Multiply the number on line 10 by the percentage on line 3B to determine the Mother s share. Enter answer on line 11B. 12. Percentage of overnight stays with each parent. The child(ren) spend(s) ______overnight stays with the Father each year. Using the number on the above line, multiply it by 100 and divide by 365. Enter this number on line 12A. The child(ren) spend(s) _____ overnight stays with the Mother each year. Using the number on the above line, multiply it by 100 and divide by 365. Enter this number on line 12B. B. MOTHER % % 13. Parent s support multiplied by other Parent s percentage of overnights. [Multiply line 11A by line 12B. Enter this number in 13A. Multiply line 11B by line 12A. Enter this number in 13B.] Additional Support Health Insurance, Child Care & Other 14. a. Total Monthly Child Care Costs [Child care costs should not exceed the level required to provide quality care from a licensed source. See section 61.30(7), Florida Statutes, for more information.] b. Total Monthly Child(ren) s Health Insurance Cost [This is only amounts actually paid for health insurance on the child(ren).] c. Total Monthly Child(ren) s Noncovered Medical, Dental and Prescription Medication Costs. d. Total Monthly Child Care & Health Costs [Add lines 14a + 14b + 14c.] Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 150 - TOTAL CHILD SUPPORT GUIDELINES WORKSHEET A. FATHER B. MOTHER TOTAL 15. Additional Support Payments. Multiply the number on line 14d by the percentage on line 3A to determine the Father s share. Enter answer on line 15A. Multiply the number on line 14d by the percentage on line 3B to determine the Mother s share. Enter answer on line 15B. 16. Statutory Adjustments/Credits a. Monthly child care payments actually made b. Monthly health insurance payments actually made c. Other payments/credits actually made for any noncovered medical, dental and prescription medication expenses of the child(ren) not ordered to be separately paid on a percentage basis. [See section 61.30(8), Florida Statutes] 17. Total Support Payments actually made [Add 16a though 16c] 18. Total Additional Support Transfer Amount [Line 15 minus line 17; enter any negative number as zero) 19. Total Child Support Owed from Father to Mother [Add line 13A plus line 18A] 20. Total Child Support Owed from Mother to Father [Add line 13B plus line 18B] 21. Actual Child Support to Be Paid. [Comparing lines 19 and 20, Subtract the smaller amount owed from the larger amount owed and enter the result in the column for the parent that owes the larger amount of support] $ ADJUSTMENTS TO GUIDELINES AMOUNT. If you or the other parent is requesting the Court to award a child support amount that is more or less than the child support guidelines, you must complete and file Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 151 - Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943. Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 152 - [check one only] a. ____ Deviation from the guidelines amount is requested. The Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, is attached. b. ____ Deviation from the guidelines amount is NOT requested. The Motion to Deviate from Child Support Guidelines, Florida Supreme Court Approved Family Law Form 12.943, is not attached. IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} _________________________________________________________________, {address} ____________________________________________________________________, {city} _____________________,{state} ,______ {telephone number}________________________. Florida Family Law Rules of Procedure Form 12.902(e), Child Support Guidelines Worksheet (07/12) - 153 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.910(a), SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL (07/12) When should this form be used? This form should be used to obtain personal service on the other party when you begin your lawsuit. Service is required for all documents filed in your case. Service means giving a copy of the required papers to the other party using the procedure that the law requires. Generally, there are two ways to make service: (1) personal service, or (2) service by e-mail, mail, or hand delivery. A third method for service is called constructive service; however, the relief a court may grant may be limited in a case where constructive service has been used. The law requires that certain documents be served by personal service if personal service is possible. Personal service means that a summons (this form) and a copy of the forms you are filing with the court that must be personally served are delivered by a deputy sheriff or private process server ï · ï · directly to the other party, or to someone over the age of fifteen with whom the other party lives. Personal service is required for all petitions, including petitions for modification. You cannot serve these papers on the other party yourself or by mail or hand delivery. Personal service must be made by the sheriff s department in the county where the other party lives or works or by a private process server certified in the county where the other party lives or works. In many counties, there are private process servers who, for a fee, will personally serve the summons and other documents that require personal service. You should look under process servers in the yellow pages of the telephone book for a list of private process servers in your area. You may use a private process server to serve any paper required to be personally served in a family law case except a petition for injunction for protection against domestic or repeat violence. How do I start? When you begin your lawsuit, you need to complete this form (summons) and a Process Service Memorandum, Florida Supreme Court Approved Family Law Form 12.910(b). The forms should be typed or printed legibly in black ink. Next, you will need to take these forms and, if you have not already done so, file your petition with the clerk of the circuit court in the county where you live. You should keep a copy of the forms for your records. The clerk will sign the summons, and then the summons, a copy of the papers to be served, and the process service memorandum must be delivered to the appropriate sheriff s office or to a private process server for service on the other party. Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (07/12) - 154 - IF THE OTHER PARTY LIVES IN THE COUNTY WHERE SUIT IS FILED: Ask the clerk in your county about any local procedures regarding service. Generally, if the other party lives in the county in which you are filing suit and you want the sheriff s department to serve the papers, you will file the summons along with a Process Service Memorandum, Florida Supreme Court Approved Family Law Form 12.910(b), with the clerk and the clerk will forward those papers to the sheriff for service. Make sure that you attach a copy of the papers you want personally served to the summons. You may also need to provide the sheriff with a stamped envelope addressed to you. This will allow the sheriff to send the proof of service to you, after the sheriff serves your papers on the other party. However, in some counties the sheriff may send the proof of service directly to the clerk. If you are instructed to supply a selfaddressed, stamped envelope and you receive the proof of service, you should file the proof of service with the clerk after you receive it from the sheriff. Also, you will need to find out how much the sheriff charges to serve the papers. Personal checks are not accepted. You should attach to the summons a cashier s check or money order made payable to the sheriff, and either give it to the clerk for delivery to the sheriff or send all of the paperwork and the fee to the sheriff yourself. The clerk will tell you which procedure to use. The costs for service may be waived if you are indigent. If you want a private process server to serve the other party, you should still bring the summons to the clerk s office and have the clerk sign it for you. You should deliver the summons, along with the copy of your initial petition and any other papers to be served, and a Process Service Memorandum, Florida Supreme Court Approved Family Law Form 12.910(b), to the private process server. The private process server will charge you a fee for serving the papers. After service is complete, proof of service by the private process server must be filed with the clerk. You should discuss how this will occur with the private process server. IF THE OTHER PARTY LIVES IN ANOTHER COUNTY: If the other party lives in another county, service needs to be made by a sheriff in the county where the other party lives or by a private process server certified in the county where the other party lives. Make sure that you attach a copy of the papers you want personally served to the summons as well as the Process Service Memorandum, Florida Supreme Court Approved Family Law Form 12.910(b). If you want the sheriff to serve the papers, the clerk may send your papers to that sheriff s office for you, or you may have to send the papers yourself. The clerk will tell you which procedure to use. Either way, you will need to provide the sheriff with a stamped envelope addressed to you. This will allow the sheriff to send the proof of service to you, after the sheriff serves your papers on the other party. You should file the proof of service with the clerk after you receive it from the sheriff. Also, you will need to find out how much the sheriff charges to serve the papers. Personal checks are not accepted. You should attach to the summons a cashier s check or money order made payable to the sheriff, and either give it to the clerk for delivery to the sheriff or send all of the paperwork and the fee to the sheriff yourself. The clerk will tell you which procedure to use. The costs for service may be waived if you are indigent. If you want a private process server to serve the other party, you should still bring the summons to the clerk s office where the clerk will sign it for you. You should deliver the summons, along with the copy of your initial petition and any other papers to be served, and a Process Service Memorandum, Florida Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (07/12) - 155 - Supreme Court Approved Family Law Form 12.910(b), to the private process server. The private process server will charge you a fee for serving the papers. After service is complete, proof of service by the private process server must be filed with the clerk. You should discuss how this will occur with the private process server. IF THE OTHER PARTY CANNOT BE LOCATED OR DOES NOT LIVE IN FLORIDA: If, after you have made a diligent effort to locate the other party, you absolutely cannot locate the other party, you may serve the other party by publication. Service by publication is also known as constructive service. You may also be able to use constructive service if the other party does not live in Florida. However, Florida courts have only limited jurisdiction over a party who is served by constructive service and may have only limited jurisdiction over a party living outside of Florida regardless of whether that party is served by constructive or personal service; that is, the judge s power to order the other party to do certain things may be limited. For example, the judge may be able to grant your request for a divorce, but the judge may not be able to address issues such as child support, spousal support (alimony), or division of property or debts. Regardless of the type of service used, if the other party once lived in Florida but is living outside of Florida now, you should include in your petition a statement regarding the length of time the party lived in Florida, if any, and when. For example: Respondent last lived in Florida from {date} to {date} . This area of the law is very complex and you may need to consult with an attorney regarding the proper type of service to be used in your case if the other party does not live in Florida or cannot be located. What happens when the papers are served on the other party? The date and hour of service are written on the original summons and on all copies of it by the person making the service. The person who delivers the summons and copies of the petition must file a proof of service with the clerk or provide a proof of service to you for filing with the court. It is your responsibility to make sure the proof of service has been returned to the clerk and placed in your case file. 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. For further information regarding service of process, see chapters 48 and 49, Florida Statutes, and rule 1.070, Florida Rules of Civil Procedure, as well as the instructions for Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), Notice of Action for Family Cases with Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), Affidavit of Diligent Service and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b), and Affidavit of Diligent Search, Florida Family Law Rules of Procedure Form 12.913(c). Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (07/12) - 156 - Special notes... If you have been unable to obtain proper service on the other party within 120 days after filing your lawsuit, the court will dismiss your lawsuit against the other party unless you can show the court a good reason why service was not made within 120 days. For this reason, if you had the local sheriff serve the papers, you should check with the clerk every couple of weeks after completing the service papers to see if service has been completed. You may need to supply the sheriff with a new or better address. If you had a private process server or a sheriff in another county serve the papers, you should be in contact with that person or sheriff until you receive proof of service from that person or sheriff. You should then file the proof of service with the clerk immediately. If the other party fails to respond, i.e., fails to file a written response with the court, within 20 days after the service of the summons, you are entitled to request a default. See the instructions to Motion for Default, Florida Supreme Court Approved Family Law Form 12.922 (a), and Default, Florida Supreme Court Approved Family Law Form 12.922(b), for further information. You will need to file an Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b), before a default may be granted. 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. Instructions for Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (07/12) - 157 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. SUMMONS: PERSONAL SERVICE ON AN INDIVIDUAL ORDEN DE COMPARECENCIA: SERVICIO PERSONAL EN UN INDIVIDUO CITATION: L ASSIGNATION PERSONAL SUR UN INDIVIDUEL TO/PARA/A: {enter other party s full legal name} {address (including city and state)/location for service} , . IMPORTANT A lawsuit has been filed against you. You have 20 calendar days after this summons is served on you to file a written response to the attached complaint/petition with the clerk of this circuit court, located at: {street address} . A phone call will not protect you. Your written response, including the case number given above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your written response on time, you may lose the case, and your wages, money, and property may be taken thereafter without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attorney referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written response to the Court, you must also serve a copy of your written response on the party serving this summons at: {Name and address of party serving summons} . If the party serving summons has designated e-mail address(es) for service or is represented by an attorney, you may designate e-mail address(es) for service by or on you. Service must be in accordance with Florida Rule of Judicial Administration 2.516. Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (07/12) - 158 - Copies of all court documents in this case, including orders, are available at the Clerk of the Circuit Court s office. You may review these documents, upon request. You must keep the Clerk of the Circuit Court s office notified of your current address. (You may file Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915.) Future papers in this lawsuit will be served at the address on record at the clerk s office. WARNING: Rule 12.285, Florida Family Law Rules of Procedure, requires certain automatic disclosure of documents and information. Failure to comply can result in sanctions, including dismissal or striking of pleadings. IMPORTANTE Usted ha sido demandado legalmente. Tiene veinte (20) dias, contados a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Localizado en: . Una llamada telefonica no lo protegera. Si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes interesadas. Si usted no contesta la demanda a tiempo, pudiese perder el caso y podria ser despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, usted puede consultar a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presente su respuesta ante el tribunal, usted debe enviar por correo o entregar una copia de su respuesta a la persona denominada abajo. Si usted elige presentar personalmente una respuesta por escrito, en el mismo momento que usted presente su respuesta por escrito al Tribunal, usted debe enviar por correo o llevar una copia de su respuesta por escrito a la parte entregando esta orden de comparencencia a: Nombre y direccion de la parte que entrega la orden de comparencencia: . Copias de todos los documentos judiciales de este caso, incluyendo las ordenes, estan disponibles en la oficina del Secretario de Juzgado del Circuito *Clerk of the Circuit Court s office+. Estos documentos pueden ser revisados a su solicitud. Usted debe de manener informada a la oficina del Secretario de Juzgado del Circuito de su direccion actual. (Usted puede presentar el Formulario: Ley de Familia de la Florida 12.915, Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address.) Los papelos que se presenten en el futuro en esta demanda judicial seran env ados por correo a la direccion que este registrada en la oficina del Secretario. ADVERTENCIA: Regla 12.285 (Rule 12.285), de las Reglas de Procedimiento de Ley de Familia de la Florida [Florida Family Law Rules of Procedure], requiere cierta revelacion automatica de documentos e informacion. El incumplimient, puede resultar en sanciones, incluyendo la desestimacion o anulacion de los alegatos. Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (07/12) - 159 - IMPORTANT Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de l assignation de cette citation pour deposer une reponse ecrite a la plainte ci-jointe aupres de ce tribunal. Qui se trouve a: {L Adresse} . Un simple coup de telephone est insuffisant pour vous proteger; vous etes obliges de deposer votre reponse ecrite, avec mention du numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le delai requis, vous risquez de perdre la cause ainsi que votre salaire, votre argent, et vos biens peuvent etre saisis par la suite, sans aucun preavis ulterieur du tribunal. Il y a d autres obligations juridiques et vous pouvez requerir les services immediats d un avocat. Si vous ne connaissez pas d avocat, vous pourriez telephoner a un service de reference d avocats ou a un bureau d assistance juridique (figurant a l annuaire de telephones). Si vous choisissez de deposer vous-meme une reponse ecrite, il vous faudra egalement, en meme temps que cette formalite, faire parvenir ou expedier une copie au carbone ou une photocopie de votre reponse ecrite a la partie qui vous depose cette citation. Nom et adresse de la partie qui depose cette citation: Les photocopies de tous les documents tribunals de cette cause, y compris des arrets, sont disponible au bureau du greffier. Vous pouvez revue ces documents, sur demande. Il faut aviser le greffier de votre adresse actuelle. (Vous pouvez deposer Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address.) Les documents de l avenir de ce proces seront envoyer a l adresse que vous donnez au bureau du greffier. ATTENTION: La regle 12.285 des regles de procedure du droit de la famille de la Floride exige que l on remette certains renseignements et certains documents a la partie adverse. Tout refus de les fournir pourra donner lieu a des sanctions, y compris le rejet ou la suppression d un ou de plusieurs actes de procedure. THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this summons and a copy of the complaint in this lawsuit on the above-named person. DATED: CLERK OF THE CIRCUIT COURT (SEAL) By: Deputy Clerk Florida Family Law Rules of Procedure Form 12.910(a), Summons: Personal Service on an Individual (07/12) 160 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.915, DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (07/12) When should this form be used? This form should be used to inform the clerk and the other party of your current mailing and e-mail address(es) or any change of address. It is very important that the court and the other party in your case have your correct address. A party not represented by an attorney may choose to designate e-mail address(es) for service. A primary and up to two secondary e-mail addresses can be designated. If you do so and the other party is represented by an attorney or has also designated e-mail address(es) for service, e-mail will be the exclusive means of service. If there is any change in your mailing or e-mail address(es), you must complete a new form, file it with the clerk, and serve a copy on any other party or parties in your case. What should I do next? 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 your case is filed and keep a copy for your records. A copy of this form must be served on any other party in your case. Service must be in accordance with 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. Special notes... 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. Instructions for Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and Email Address (07/12) - 161 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS I, {full legal name} , being sworn, certify that my current mailing address is: {Street} {City} , {State} {Fax No.} {Zip} {Telephone No.} . I designate as my current e-mail address(es):________________________________________________ _____________________________________________________________________________________ I understand that I must keep the clerk s office and the opposing party or parties notified of my current mailing and e-mail address(es) and that all future papers in this lawsuit will be served at the address(es) on record at the clerk s office. I certify that a copy of this document was [check all used]: ( ) e-mailed ( ( ) mailed ( ) faxed ) hand-delivered to the person(s) listed below on {date}__________________________. Other party or his/her attorney: Name: _____________________________ Address: ____________________________ City, State, Zip: _______________________ Fax Number: _________________________ E-mail Address(es): _____________________ Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address (07/12) - 162 - Dated: _______________ _____________________________________________ Signature of Party STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] _ _ Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} _______________________________________________________________, {street} ________________________________________________, {city} ,{state} , {telephone number}____________________. Florida Supreme Court Approved Family Law Form 12.915, Designation of Current Mailing and E-mail Address (07/12) - 163 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORMS 12.920(a), MOTION FOR REFERRAL TO GENERAL MAGISTRATE, 12.920(b), ORDER OF REFERRAL TO GENERAL MAGISTRATE, and 12.920(c), NOTICE OF HEARING BEFORE GENERAL MAGISTRATE (07/12) When should these forms be used? A general magistrate is an attorney appointed by a judge to take testimony and recommend decisions on certain matters connected with a divorce. These recommendations are then reviewed by the judge and are generally approved unless contrary to the law or the facts of the case. The primary purposes of having general magistrates hear family law matters are to reduce the costs of litigation and to speed up cases. Either party may request that their case, or portions of their case, be heard by a general magistrate by filing Motion for Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(a). You must also prepare an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(b), to submit to the judge assigned to your case. Many times, the court, either on its own motion or under current administrative orders of the court, may refer your case to a general magistrate. Even in those instances, you may be required to prepare and submit an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(b), to the judge. Once a general magistrate has been appointed to your case, the general magistrate will assign a time and place for a hearing as soon as reasonably possible after the referral is made. The general magistrate will give notice of that hearing to each of the parties directly or will direct a party or attorney in the case to file and serve a notice of hearing on the other party. If you are asked to send the notice of hearing, you will need to use the form entitled Notice of Hearing Before General Magistrate, Florida Family Law Rules of Procedure Form 12.920(c). Regardless of who prepares the notice of hearing, the moving party (the one who requested referral to the general magistrate) is required to have the notice properly served on the other party. These forms 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 your case is filed and keep a copy for your records. What should I do next? Instructions for Florida Family Law Rules of Procedure Forms 12.920(a), Motion for Referral to General Magistrate, 12.920(b), Order of Referral to General Magistrate, and 12.920(c), Notice of Hearing Before General Magistrate (07/12) - 164 - If you are filing a Motion for Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(a), you need to send or deliver your motion directly to the judge assigned to your case, along with an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(b), and an addressed, stamped envelope for each party in the case. The judge will then either grant or deny the motion, usually without a hearing. If you are required to submit an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(b), to the judge assigned to your case, you will need to send or deliver the order directly to the judge, along with addressed, stamped envelopes for each party in the case. The party who prepares any of these forms must file the original with the clerk of the circuit court. A copy of the motion must be served on any other party in your case. Service must be in accordance with 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 Florida Family Law Rule of Procedure 12.490. Special notes... IMPORTANT: After the judge refers your case to a general magistrate, either party (including the party who was required to prepare and submit the Order of Referral) may object to the referral within 10 days of the date that the referral is made (if the Order of Referral is served by mail, the parties have an additional 5 days within which to object to the referral). Every litigant is entitled to have his or her case heard by a judge. However, before you decide to object to an Order of Referral to General Magistrate, you should consider the potential extra costs and time delays that may result from having a judge hear your case instead of a general magistrate. You may want to speak with an attorney in your area who can assist you in making a more informed decision regarding whether you should file an objection to an Order of Referral to General Magistrate. 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. Instructions for Florida Family Law Rules of Procedure Forms 12.920(a), Motion for Referral to General Magistrate, 12.920(b), Order of Referral to General Magistrate, and 12.920(c), Notice of Hearing Before General Magistrate (07/12) - 165 - IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, and _________________________________, Respondent. MOTION FOR REFERRAL TO GENERAL MAGISTRATE I, {full legal name} , request that the Court enter an order referring this case to a general magistrate. The case should be referred to a general magistrate on the following issues: {explain} _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ I certify that a copy of this document was [check all used]: ( ) e-mailed ( ( ) mailed ( ) faxed ) hand delivered to the person(s) listed below on {date} ____________________________. Other party or his/her attorney: Name: ____________________________ Address: __________________________ City, State, Zip: _____________________ Fax Number: _______________________ E-mail Address(es):___________________ __________________________________ Signature of Party or his/her attorney: Printed Name: ______________________ Address: __________________________ City, State, Zip: _____________________ Telephone Number: _________________ Fax Number:________________________ Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate (07/12) - 166 - E-mail Address(es):__________________ Florida Bar Number:_________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} ____________________________________________________________________, {address} _____________________________________________, {city} _____________________,{state} , {telephone number}____________________________. Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate (07/12) - 167 - IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, and _________________________________, Respondent. ORDER OF REFERRAL TO GENERAL MAGISTRATE THIS CASE IS REFERRED TO THE GENERAL MAGISTRATE on the following issues: 1. 2. 3. 4. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ AND ANY OTHER MATTER RELATED THERETO. IT IS FURTHER ORDERED that the above issues are referred to General Magistrate {name} _______________________________________________________________________________, for further proceedings, under rule 12.490 of the Florida Family Law Rules of Procedure and current administrative orders of the Court. Financial Affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c), shall be filed in accordance with Florida Family Law Rule of Procedure 12.285. The General Magistrate is authorized to administer oaths and conduct hearings, which may include taking of evidence, and shall file a report and recommendations that contain findings of fact, conclusions of law, and the name of the court reporter, if any. The General Magistrate shall assign a time for the proceedings as soon as reasonably possible after this referral is made and shall give notice to each of the parties either directly or by directing counsel or a party to file and serve a notice of hearing. Counties within the State of Florida may have different rules. Please consult the ( ) Clerk of the Court ( ) Family Law Intake Staff ( ) other __________________________________________ relating to this procedure. Florida Family Law Rules of Procedure Form 12.920(b), Order of Referral to General Magistrate (07/12) - 168 - A REFERRAL TO A GENERAL MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BY A JUDGE. IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BY THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE TIME OF SERVICE OF THIS ORDER. IF THE TIME SET FOR THE HEARING IS LESS THAN 10 DAYS AFTER SERVICE OF THIS ORDER, THE OBJECTION MUST BE MADE BEFORE THE HEARING. IF THIS ORDER IS SERVED WITHIN THE FIRST 20 DAYS AFTER SERVICE OF PROCESS, THE TIME TO FILE AN OBJECTION IS EXTENDED TO THE TIME WITHIN WHICH A RESPONSIVE PLEADING IS DUE. FAILURE TO FILE A WRITTEN OBJECTION WITHIN THE APPLICABLE TIME PERIOD IS DEEMED TO BE A CONSENT TO THE REFERRAL. If either party files a timely objection, this matter shall be returned to the undersigned judge with a notice stating the amount of time needed for hearing. REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE GENERAL MAGISTRATE SHALL BE BY EXCEPTIONS AS PROVIDED IN RULE 12.490(f), FLORIDA FAMILY LAW RULES OF PROCEDURE. A RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO SUPPORT EXCEPTIONS. YOU ARE ADVISED THAT IN THIS CIRCUIT: a. ____ electronic recording is provided by the court. A party may provide a court reporter at that party s expense. b. ____ a court reporter is provided by the court. SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE GENERAL MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH RULE 12.490(f), FLORIDA FAMILY LAW RULES OF PROCEDURE. YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS, OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT'S REVIEW. ORDERED on ___________________________. CIRCUIT JUDGE COPIES TO: Petitioner (or his or her attorney) Respondent (or his or her attorney) Florida Family Law Rules of Procedure Form 12.920(b), Order of Referral to General Magistrate (07/12) - 169 - General Magistrate Florida Family Law Rules of Procedure Form 12.920(b), Order of Referral to General Magistrate (07/12) - 170 - IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, and _________________________________, Respondent. NOTICE OF HEARING BEFORE GENERAL MAGISTRATE [fill in all blanks] TO: _________________________________________________________ There will be a hearing before General Magistrate {name of general magistrate}___________________, on {date} ____________, at {time} ___ m., in Room _________ of the ____________________________ Courthouse, on the following issues: _______________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____hour(s) _____ minutes have been reserved for this hearing. PLEASE GOVERN YOURSELF ACCORDINGLY. If the matter before the General Magistrate is a Motion for Civil Contempt/Enforcement, FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD. PLEASE GOVERN YOURSELF ACCORDINGLY. This part to be filled out by the court or filled in with information you have obtained from the court: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: {identify applicable court personnel by name, address, and telephone number} Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate (07/12) - 171 - at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE GENERAL MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH RULE 12.490(f), FLORIDA FAMILY LAW RULES OF PROCEDURE. YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS, OR YOUR EXCEPTIONS WILL BE DENIED. A RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT S REVIEW. YOU ARE HEREBY ADVISED THAT IN THIS CIRCUIT: a. _____electronic recording is provided by the court. A party may provide a court reporter at that party s expense. b. _____ a court reporter is provided by the court. If you are represented by an attorney or plan to retain an attorney for this matter you should notify the attorney of this hearing. If this matter is resolved, the moving party shall contact the General Magistrate s Office to cancel this hearing. I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} ______________________. Other party or his/her attorney: Name: _______________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ E-mail Address(es):_______________________________ ____________________________________________ Signature of Party or his/her Attorney Printed Name: ________________________________ Address: ____________________________________ City, State, Zip:________________________________ Telephone Number: ___________________________ Fax Number: _________________________________ E-mail Address(es):____________________________ Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate (07/12) - 172 - Florida Bar Number: ___________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual}____________________________________________________________________, {name of business} _____________________________________________________________________, {address} ____________________________________________________________________________, {city} ________________________{state} _________, {telephone number}________________________. Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate (07/12) - 173 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.930(a), NOTICE OF SERVICE OF STANDARD FAMILY LAW INTERROGATORIES (07/12) When should this form be used? You should use this form to tell the court that you are asking the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. The standard family law interrogatories are designed to supplement the information provided in the Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should carefully read the standard interrogatory forms, Florida Family Law Rules of Procedure Form 12.930(b) and (c), to determine which questions, if any, the other party needs to answer in order to provide you with information not covered by the financial affidavit forms. This form should be typed or printed in black ink. You must indicate whether you are sending the interrogatories for original and enforcement proceedings or the interrogatories for modification proceedings. You must also indicate which questions you are asking the other party to answer. After completing this form you should file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. What should I do next? You must serve the other party with a copy of this form along with an original and a copy of the appropriate interrogatories, Florida Family Law Rules of Procedure Form 12.930(b) or (c), if service is by mail or hand delivery. You must serve a copy of this form and a copy of the interrogatories if service is by e-mail. Service must be in accordance with Florida Rule of Judicial Administration 2.516. You may want to inform the other party of the following information: As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and serve you with the answers. Service of the answers must be in compliance with Florida Rule of Judicial Administration 2.516. His or her answers may be written on as many separate sheets of paper as necessary. He or she should number each page and indicate which question(s) he or she is answering, and be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits. The original of the answers to the interrogatories is to be provided to the requesting party. Do not file the original or a copy with the clerk of the circuit court except as provided in Florida Rule of Civil Procedure 1.340(e). Instructions for Florida Family Law Rules of Procedure Form 12.930(a), Notice of Service of Standard Family Law Interrogatories (07/12) - 174 - The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either answer or object to the questions within 30 days, he or she may be subject to court sanctions. 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 bold underline in these instructions are defined there. For further information, see Florida Family Law Rules of Procedure 12.280, 12.285, 12.340, and 12.380, and Florida Rules of Civil Procedure 1.280, 1.340, and 1.380. Special notes... 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. Instructions for Florida Family Law Rules of Procedure Form 12.930(a), Notice of Service of Standard Family Law Interrogatories (07/12) - 175 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. NOTICE OF SERVICE OF STANDARD FAMILY LAW INTERROGATORIES I, {full legal name} , have on {date} served upon {name of person served} to be answered under oath within 30 days after service, the Standard Family Law Interrogatories for [check one only] ( ) Original or Enforcement Proceedings ( ) Modification Proceedings , , I am requesting that the following standard questions be answered: [check all that apply] ____1 Background Information __ 2 Education ___ 3 Employment __ 4 Assets In addition, I am requesting that the attached {#} answered. __ 5 __ 6 __ 7 Liabilities Miscellaneous Long Form Affidavit questions be I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date}__________________________________. Other party or his/her attorney: Name: _________________________________ Address: ________________________________ City, State, Zip: ___________________________ Fax Number: _____________________________ E-mail Address(es):_________________________ _______________________________________ Signature of Party or his/her Attorney Printed Name: ____________________________ Address: ________________________________ City, State, Zip:____________________________ Telephone Number: _______________________ Fax Number: _____________________________ Florida Family Law Rules of Procedure Form 12.930(a), Notice of Service of Standard Family Law Interrogatories (07/12) - 176 - E-mail Address(es):_________________________ Florida Bar Number:________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} _________________________________________________________________, {address} ________________________________________________, {city} _______,{state} , {telephone number} . Florida Family Law Rules of Procedure Form 12.930(a), Notice of Service of Standard Family Law Interrogatories (07/12) - 177 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.930(b), STANDARD FAMILY LAW INTERROGATORIES FOR ORIGINAL OR ENFORCEMENT PROCEEDINGS (07/12) When should this form be used? This form should be used to ask the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. If the other party fails to answer the questions, you may ask the judge to order the other party to answer the questions. (You cannot ask these questions before the petition has been filed.) The questions in this form should be used in original proceedings or enforcement proceedings and are meant to supplement the information provided in the Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should read all of the questions in this form to determine which questions, if any, the other party needs to answer in order to provide you with information not covered in the financial affidavit forms. If there are questions to which you already know the answer, you may choose not to ask them. This form should be typed or printed in black ink. You must complete the box at the beginning of this form to indicate which questions you are requesting that the other party answer. You must serve the other party with an original and a copy of these interrogatories and a copy of the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a), if by mail or hand delivery. You must serve an original of these interrogatories and a copy of the Notice, if by e-mail. Service must be in accordance with Florida Rule of Judicial Administration 2.516. You should also keep a copy for your records. You should not file this form with the clerk of the circuit court. However, you must file the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure 12.930(a), to tell the court that you have sent this form to the other party. 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 the instructions for Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a), Florida Family Law Rules of Procedure 12.280, 12.285, 12.340, and 12.380; and Florida Rules of Civil Procedure 1.280, 1.340, and 1.380. Instructions for Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 178 - Special notes... In addition to the standard questions in this form, you may ask up to 10 additional questions. You should type or print legibly your additional questions on a separate sheet of paper and attach it to this form. If you want to ask more than 10 additional questions, you will need to get permission from the judge. You may want to inform the other party of the following information: As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and serve you with the answers. Service of the answers must be in accordance with Florida Rule of Judicial Administration 2.516. His or her answers shall be written in the blank space provided after each separately numbered interrogatory. If sufficient space is not provided, the answering party may attach additional papers with the answers and refer to them in the space provided in the interrogatories. He or she should be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits. The original of the answers to the interrogatories is to be provided to the requesting party. DO NOT FILE THE ORIGINAL OR A COPY WITH THE CLERK OF THE COURT EXCEPT AS PROVIDED BY FLORIDA RULE OF CIVIL PROCEDURE 1.340(e) AND IN ACCORDANCE WITH THE REQUIREMENTS OF FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.425. The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either answer or object to the questions within 30 days, he or she may be subject to court sanctions. 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. Instructions for Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 179 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. STANDARD FAMILY LAW INTERROGATORIES FOR ORIGINAL OR ENFORCEMENT PROCEEDINGS TO BE COMPLETED BY THE PARTY SERVING THESE INTERROGATORIES I am requesting that the following standard questions be answered: [check all that apply] ____1 ____2 ____3 Background Education Employment Information ____4 Assets ____ 5 Liabilities ____6 Miscellaneous ____7 Long Form Affidavit In addition, I am requesting that the attached {#} _________________ questions be answered. The answers to the following questions are intended to supplement the information provided in the Financial Affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should answer the group of questions indicated in the above shaded box. The questions should be answered in the blank space provided below each separately numbered question. If sufficient space is not provided, you may attach additional papers with the answers and refer to them in the space provided in the interrogatories. You should be sure to make a copy for yourself. Each question must be answered separately and as completely as the available information permits. All answers are to be made under oath or affirmation as to their truthfulness. AFTER YOU ANSWER THE INTERROGATORIES, DO NOT FILE THE ORIGINAL WITH THE CLERK OF THE COURT. ALL PERSONAL INFORMATION CONTAINED IN THE COURT FILE BECOMES PUBLIC RECORD. INSTEAD, SERVE THE ORIGINAL OF THE ANSWERS TO THE INTERROGATORIES ON THE OTHER PARTY AND FILE FORM 12.930(d), NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES, WITH THE CLERK. I, {name of person answering interrogatories} being sworn, certify that the following information is true: Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 180 - , 1. BACKGROUND INFORMATION: a. State your full legal name and any other name by which you have been known. b. State your present residence and telephone numbers. 2. EDUCATION: a. List all business, commercial, and professional licenses that you have obtained. b. List all of your education including, but not limited to, vocational or specialized training, including the following: (1) name and address of each educational institution. (2) dates of attendance. (3) degrees or certificates obtained or anticipated dates of same. 3. EMPLOYMENT: a. For each place of your employment or self-employment during the last 3 years, state the following: (1) name, address, and telephone number of your employer. (2) dates of employment. (3) job title and brief description of job duties. (4) starting and ending salaries. (5) name of your direct supervisor. (6) all benefits received, including, for example, health, life, and disability insurance; expense account; use of automobile or automobile expense reimbursement; reimbursement for travel, food, or lodging expenses; payment of dues in any clubs or associations; and pension or profit sharing plans. Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 181 - b. Other than as an employee, if you have been engaged in or associated with any business, commercial, or professional activity within the last 3 years that was not detailed above, state for each such activity the following: (1) name, address, and telephone number of each activity. (2) dates you were connected with such activity. (3) position title and brief description of activities. (4) starting and ending compensation. (5) name of all persons involved in the business, commercial, or professional activity with you. (6) all benefits and compensation received, including, for example, health, life, and disability insurance; expense account; use of automobile or automobile expense reimbursement; reimbursement for travel, food, or lodging expenses; payment of dues in any clubs or associations; and pension or profit sharing plans. c. If you have been unemployed at any time during the last 3 years, state the dates of unemployment. If you have not been employed at any time in the last 3 years, give the information requested above in question 3.a for your last period of employment. 4. ASSETS: a. Real Estate. State the street address, if any, and if not, the legal description of all real property that you own or owned during the last 3 years. For each property, state the following: (1) the names and addresses of any other persons or entities holding any interest and their percentage of interest. (2) the purchase price, the cost of any improvements made since it was purchased, and the amount of any depreciation taken. (3) the fair market value on the date of your separation from your spouse. (4) the fair market value on the date of the filing of the petition for dissolution of marriage. b. Tangible Personal Property. List all items of tangible personal property that are owned by you or in which you have had any interest during the last 3 years including, but not limited to, motor Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 182 - vehicles, tools, furniture, boats, jewelry, art objects or other collections, and collectibles whose fair market value exceeds $100. For each item, state the following: (1) the percentage and type of interest you hold. (2) the names and addresses of any other persons or entities holding any interest. (3) the date you acquired your interest. (4) the purchase price. (5) the present fair market value. (6) the fair market value on the date of your separation from your spouse. (7) the fair market value on the date of the filing of the petition for dissolution of marriage. c. Intangible Personal Property. Other than the financial accounts (checking, savings, money market, credit union accounts, retirement accounts, or other such cash management accounts) listed in the answers to interrogatories 4.d and 4.e below, list all items of intangible personal property that are owned by you or in which you have had any ownership interest (including closed accounts) within the last 3 years, including but not limited to, partnership and business interests (including good will), deferred compensation accounts unconnected with retirement, including but not limited to stock options, sick leave, and vacation pay, stocks, stock funds, mutual funds, bonds, bond funds, real estate investment trust, receivables, certificates of deposit, notes, mortgages, and debts owed to you by another entity or person. For each item, state the following: (1) the percentage and type of interest you hold. (2) the names and addresses of any other persons or entities holding any interest and the names and addresses of the persons and entities who are indebted to you. (3) the date you acquired your interest. (4) the purchase price, acquisition cost, or loaned amount. (5) the fair market value or the amounts you claim are owned by or owed to you: (a) presently, at the time of answering these interrogatories. (b) on the date of your separation from your spouse. (c) on the date of the filing of the petition for dissolution of marriage. You may comply with this interrogatory (4.c) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. However, if the date of acquisition, the purchase price and the market valuations are not clearly reflected in the periodic statements which are furnished then these questions must be answered separately. You do not have to resubmit any periodic statements previously furnished under rule 12.285 (Mandatory Disclosure). Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 183 - d. Retirement Accounts: List all information regarding each retirement account/plan, including but not limited to defined benefit plans, 401k, 403B, IRA accounts, pension plans, Florida Retirement System plans (FRS), Federal Government plans, money purchase plans, HR10 (Keogh) plans, profit sharing plans, annuities, employee savings plans, etc. that you have established and/or that have been established for you by you, your employer, or any previous employer. For each account, state the following: (1) the name and last 4 digits of the account number of each account/plan and where it is located. (2) the type of account/plan. (3) the name and address of the fiduciary plan administrator/service representative. (4) the fair market value of your interest in each account/plan. (a) present value. (b) value on the date of separation. (c) value on the date of filing of the petition for dissolution of marriage (5) whether you are vested or not vested; and if vested, in what amount, as of a certain date and the schedule of future vesting. (6) the date at which you became/become eligible to receive some funds in this account/plan. (7) monthly benefits of the account/plan if no fair market value is ascertained. (8) beneficiary(ies) and/or alternate payee(s). e. Financial Accounts. For all financial accounts (checking, savings, money market, credit union accounts, or other such cash management accounts) listed in your Financial Affidavit, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of each institution. (2) name in which the account is or was maintained. (3) the last 4 digits of account numbers. (4) name of each person authorized to make withdrawals from the accounts. (5) highest balance within each of the preceding 3 years. (6) lowest balance within each of the preceding 3 years. You may comply with this interrogatory (4.e) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished pursuant to rule 12.285 (Mandatory Disclosure). f. Closed Financial Accounts. For all financial accounts (checking, savings, money market, credit union accounts, or other such cash management accounts) closed within the last 3 years, in which you have had any legal or equitable interest, regardless of whether the interest is or was Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 184 - held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of each institution. (2) name in which the account is or was maintained. (3) the last 4 digits of account numbers. (4) name of each person authorized to make withdrawals from the accounts. (5) date account was closed. g. Trust. For any interest in an estate, trust, insurance policy, or annuity, state the following: (1) If you are the beneficiary of any estate, trust, insurance policy, or annuity, give for each one the following: (a) identification of the estate, trust, insurance policy, or annuity. (b) the nature, amount, and frequency of any distributions of benefits. (c) the total value of the beneficiaries interest in the benefit. (d) whether the benefit is vested or contingent. (2) If you have established any trust or are the trustee of a trust, state the following: (a) the date the trust was established. (b) the names and addresses of the trustees. (c) the names and addresses of the beneficiaries. (d) the names and addresses of the persons or entities who possess the trust documents. (e) each asset that is held in each trust, with its fair market value. h. Canceled Life Insurance Policies. For all policies of life insurance within the preceding 3 years that you no longer hold, own, or have any interest in, state the following: (1) name of company that issued the policy and last 4 digits of policy number. (2) name, address, and telephone number of agent who issued the policy. (3) amount of coverage. (4) name of insured. (5) name of owner of policy. (6) name of beneficiaries. (7) premium amount. (8) date the policy was surrendered. (9) amount, if any, of monies distributed to the owner. Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 185 - i. Name of Accountant, Bookkeeper, or Records Keeper. State the names, addresses, and telephone numbers of your accountant, bookkeeper, and any other persons who possess your financial records, and state which records each possesses. j. Safe Deposit Boxes, Lock Boxes, Vaults, Etc. For all safe deposit boxes, lock boxes, vaults, or similar types of depositories, state the following: (1) The names and addresses of all banks, depositories, or other places where, at any time during the period beginning 3 years before the initiation of the action, until the date of your answering this interrogatory, you did any of the following: (a) had a safe deposit box, lock box, or vault. (b) were a signatory or co-signatory on a safe deposit box, lock box, or vault. (c) had access to a safe deposit box, lock box, or vault. (d) maintained property. (2) The box or identification numbers and the name and address of each person who has had access to any such depository during the same time period. (3) All persons who have possession of the keys or combination to the safe deposit box, lock box, or vault. (4) Any items removed from any safe deposit boxes, lock boxes, vaults, or similar types of depositories by you or your agent during that time, together with the present location and fair market value of each item. (5) All items in any safe deposit boxes, lock boxes, vaults, or similar types of depositories and fair market value of each item. 5. LIABILITIES: a. Loans, Liabilities, Debts, and Other Obligations. For all loans, liabilities, debts, and other obligations (other than credit cards and charge accounts) listed in your Financial Affidavit, indicate for each the following: (1) name and address of the creditor. (2) name in which the obligation is or was incurred. (3) last 4 digits of loan or account number, if any. (4) nature of the security, if any. (5) payment schedule. (6) present balance and current status of your payments. (7) total amount of arrearage, if any. (8) balance on the date of your separation from your spouse. Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 186 - (9) balance on the date of the filing of the petition for dissolution of marriage. You may comply with this interrogatory (5.a) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure). b. Credit Cards and Charge Accounts. For all financial accounts (credit cards, charge accounts, or other such accounts) listed in your Financial Affidavit, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of the creditor. (2) name in which the account is or was maintained. (3) names of each person authorized to sign on the accounts. (4) last 4 digits of account numbers. (5) present balance and current status of your payments. (6) total amount of arrearage, if any. (7) balance on the date of your separation from your spouse. (8) balance on the date of the filing of the petition for dissolution of marriage. (9) highest and lowest balance within each of the preceding 3 years. You may comply with this interrogatory (5.b) by providing copies of all periodic (monthly quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure). c. Closed Credit Cards and Charge Accounts. For all financial accounts (credit cards, charge accounts, or other such accounts) closed with no remaining balance, within the last 3 years, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of each creditor. (2) name in which the account is or was maintained. (3) last 4 digits of account numbers. (4) names of each person authorized to sign on the accounts. (5) date the balance was paid off. Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 187 - (6) amount of final balance paid off. You may comply with this interrogatory (5.c) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure). 6. MISCELLANEOUS: a. If you are claiming an unequal distribution of marital property or enhancement or appreciation of nonmarital property, state the amount claimed and all facts upon which you rely in your claim. b. If you are claiming an asset or liability is nonmarital, list the asset or liability and all facts upon which you rely in your claim. c. If the mental or physical condition of a spouse or child is an issue, identify the person and state the name and address of all health care providers involved in the treatment of that person for said mental or physical condition. d. Detail your proposed parenting plan for the minor child(ren), including your proposed timesharing schedule. Alternatively, attach a copy of your proposed parenting plan. e. If you are claiming that the other parent s time-sharing with the minor child(ren) should be limited, supervised, or otherwise restricted, or that you should have sole parental responsibility for the minor child(ren), with or without time-sharing with the other parent, or that you should have ultimate responsibility over specific aspects of the child(ren) s welfare or that these responsibilities should be divided between you and the other parent, state your reasons and all facts which you rely upon to support your claim. 7. LONG FORM AFFIDAVIT: If you filed the short form affidavit, Florida Family Law Rules of Procedure Form 12.902(b), and you were specifically requested in the Notice of Service of Standard Family Law Interrogatories to file the Long Form Affidavit, Form 12.902(c), you must do so within the time to serve the answers to these interrogatories. Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 188 - I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date} ____________________________. Other party or his/her attorney: Name: _______________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ E-mail Address(es):_______________________________ I understand that I am swearing or affirming under oath to the truthfulness of the answers to these interrogatories and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: ____________________________________________ Signature of Party Printed Name: ________________________________ Address: ____________________________________ City, State, Zip:________________________________ Telephone Number: ___________________________ Fax Number: _________________________________ E-mail Address(es):____________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] Personally known Produced identification Type of identification produced Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 189 - IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} __________________________________________________________________, {address} _________________________________________________________________________, {city} ___________,{state} ___, {telephone number} . Florida Family Law Rules of Procedure Form 12.930(b), Standard Family Law Interrogatories for Original or Enforcement Proceedings (07/12) - 190 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.930(c), STANDARD FAMILY LAW INTERROGATORIES FOR MODIFICATION PROCEEDINGS (07/12) When should this form be used? This form should be used to ask the other party in your case to answer certain standard questions in writing. These questions are called interrogatories, and they must relate to your case. If the other party fails to answer the questions, you may ask the judge to order the other party to answer the questions. (You cannot ask these questions before the petition has been filed.) The questions in this form should be used in modification proceedings and are meant to supplement the information provided in the Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should read all of the questions in this form to determine which questions, if any, the other party needs to answer in order to provide you with information not covered in the financial affidavit forms. If there are questions to which you already know the answer, you may choose not to ask them. This form should be typed or printed in black ink. You must complete the box at the beginning of this form to indicate which questions you are requesting that the other party answer. You must serve the other party with an original and a copy of these interrogatories and a copy of the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a), if by mail or hand delivery. You must serve an original of these interrogatories and a copy of the Notice, if by e-mail. Service must be in accordance with Florida Rule of Judicial Administration 2.516. You should also keep a copy for your records. You should not file this form with the clerk of the circuit court. However, you must file the Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a), to tell the court that you have sent this form to the other party. After you receive the completed answers to the interrogatories, DO NOT FILE THE ORIGINAL OR A COPY WITH THE CLERK OF THE COURT UNLESS THE ANSWERS ARE ADMITTED INTO EVIDENCE BY THE COURT AND ARE IN COMPLIANCE WITH FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.425 Where can I look for more information? Instructions for Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 191 - 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 the instructions for Notice of Service of Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(a), Florida Family Law Rules of Procedure 12.280, 12.285, 12.340, and 12.380; and Florida Rules of Civil Procedure 1.280, 1.340, and 1.380. Special notes In addition to the standard questions in this form, you may ask up to 10 additional questions. You should type or print legibly your additional questions on a separate sheet of paper and attach it to this form. If you want to ask more than 10 additional questions, you will need to get permission from the judge. You may want to inform the other party of the following information: As a general rule, within 30 days after service of interrogatories, the other party must answer the questions in writing and serve you with the answers. Service of the answers must be in accordance with Florida Rule of Judicial Administration 2.516. His or her answers shall be written in the blank space provided after each separately numbered interrogatory. If sufficient space is not provided, the answering party may attach additional papers with the answers and refer to them in the space provided in the interrogatories. He or she should be sure to make a copy for him/herself. All answers to these questions are made under oath or affirmation as to their truthfulness. Each question must be answered separately and as completely as the available information permits. The original of the answers to the interrogatories is to be provided to the requesting party. DO NOT FILE THE ORIGINAL OR A COPY WITH THE CLERK OF THE CIRCUIT COURT UNLESS THE ANSWERS ARE ADMITTED INTO EVIDENCE BY THE COURT AND ARE IN COMPLIANCE WITH THE REQUIREMENTS OF FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.425. The other party may object to a question by writing the legal reason for the objection in the space provided. He or she may also ask the court for a protective order granting him or her permission not to answer certain questions and protecting him or her from annoyance, embarrassment, apprehension, or undue burden or expense. If the other party fails to either answer or object to the questions within 30 days, he or she may be subject to court sanctions. 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. Instructions for Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 192 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. STANDARD FAMILY LAW INTERROGATORIES FOR MODIFICATION PROCEEDINGS TO BE COMPLETED BY THE PARTY SERVING THESE INTERROGATORIES I am requesting that the following standard questions be answered: [check all that apply] ____1 ____2 ____3 Background Education Employment Information ____4 Assets ____ 5 Liabilities ____6 Miscellaneous ____7 Long Form Affidavit In addition, I am requesting that the attached {#} _________________ questions be answered. The answers to the following questions are intended to supplement the information provided in the Financial Affidavits, Florida Family Law Rules of Procedure Form 12.902(b) or (c). You should answer the group of questions indicated in the above shaded box. The questions should be answered in the blank space provided below each separately numbered question. If sufficient space is not provided, you may attach additional papers with the answers and refer to them in the space provided in the interrogatories. You should be sure to make a copy for yourself. Each question must be answered separately and as completely as the available information permits. All answers are to be made under oath or affirmation as to their truthfulness. AFTER YOU ANSWER THE INTERROGATORIES, DO NOT FILE THE ORIGINAL WITH THE CLERK OF THE COURT. ALL PERSONAL INFORMATION CONTAINED IN THE COURT FILE BECOMES PUBLIC RECORD. INSTEAD, SERVE THE ORIGINAL OF THE ANSWERS TO THE INTERROGATORIES ON THE OTHER PARTY AND FILE FORM 12.930(d), NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES, WITH THE CLERK. I, {name of person answering interrogatories} being sworn, certify that the following information is true: Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 193 - , 1. BACKGROUND INFORMATION: a. State your full legal name and any other name by which you have been known. b. State your present residence and telephone numbers. 2. EDUCATION: a. List all business, commercial, and professional licenses that you have obtained since the entry of the Final Judgment sought to be modified. b. List all of your education since the entry of the Final Judgment sought to be modified including, but not limited to, vocational or specialized training, including the following: (1) name and address of each educational institution. (2) dates of attendance. (3) degrees or certificates obtained or anticipated dates of same. 3. EMPLOYMENT: a. For each place of your employment or self-employment since the entry of the Final Judgment sought to be modified, state the following: (1) name, address, and telephone number of your employer. (2) dates of employment. (3) job title and brief description of job duties. (4) starting and ending salaries. (5) name of your direct supervisor. (6) all benefits received, including, for example, health, life, and disability insurance; expense account; use of automobile or automobile expense reimbursement; reimbursement for travel, food, or lodging expenses; payment of dues in any clubs or associations; and pension or profit sharing plans. Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 194 - b. Other than as an employee, if you have been engaged in or associated with any business, commercial, or professional activity since the entry of the Final Judgment sought to be modified that was not detailed above, state for each such activity the following: (1) name, address, and telephone number of each activity. (2) dates you were connected with such activity. (3) position title and brief description of activities. (4) starting and ending compensation. (5) name of all persons involved in the business, commercial, or professional activity with you. (6) all benefits and compensation received, including, for example, health, life, and disability insurance; expense account; use of automobile or automobile expense reimbursement; reimbursement for travel, food, or lodging expenses; payment of dues in any clubs or associations; and pension or profit sharing plans. c. If you have been unemployed at any time since the entry of the Final Judgment sought to be modified, state the dates of unemployment. If you have not been employed at any time since the entry of the Final Judgment sought to be modified, give the information requested above in question 3.a for your last period of employment. 4. ASSETS: a. Real Estate. State the street address, if any, and if not, the legal description of all real property that you own or owned during the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. For each property, state the following: (1) the names and addresses of any other persons or entities holding any interest and their percentage of interest. (2) the present fair market value. b. Tangible Personal Property. List all items of tangible personal property that are owned by you or in which you have had any interest during the last 3 years, or since the entry of the Final Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 195 - Judgment sought to be modified, if shorter, including, but not limited to, motor vehicles, tools, furniture, boats, jewelry, art objects or other collections, and collectibles whose fair market value exceeds $100. For each item, state the following: (1) the percentage and type of interest you hold. (2) the names and addresses of any other persons or entities holding any interest. (3) the present fair market value. c. Intangible Personal Property. Other than the financial accounts (checking, savings, money market, credit union accounts, retirement accounts, or other such cash management accounts) listed in the answers to interrogatories 4.d and 4.e below, list all items of intangible personal property that are owned by you or in which you have had any ownership interest (including closed accounts) within the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter, including but not limited to, partnership and business interests (including good will), deferred compensation accounts unconnected with retirement, including but not limited to stock options, sick leave, and vacation pay, stocks, stock funds, mutual funds, bonds, bond funds, real estate investment trust, receivables, certificates of deposit, notes, mortgages, and debts owed to you by another entity or person. For each item, state the following: (1) the percentage and type of interest you hold. (2) the names and addresses of any other persons or entities holding any interest and the names and addresses of the persons and entities who are indebted to you (3) the present fair market value or the amounts you claim are owned by or owed to you, at the time of answering these interrogatories. You may comply with this interrogatory (4.c) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. However, if the date of acquisition, the purchase price and the market valuations are not clearly reflected in the periodic statements which are Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 196 - furnished, then these questions must be answered separately. You do not have to resubmit any periodic statements previously furnished under rule 12.285 (Mandatory Disclosure). d. Retirement Accounts: List all information regarding each retirement account/plan, including but not limited to defined benefit plans, 401k, 403B, IRA accounts, pension plans, Florida Retirement System plans (FRS), Federal Government plans, money purchase plans, HR10 (Keogh) plans, profit sharing plans, annuities, employee savings plans, etc. that you have established and/or that have been established for you by you, your employer, or any previous employer. For each account, state the following: (1) the name and last 4 digits of the account number of each account/plan and where it is located. (2) the type of account/plan. (3) the name and address of the fiduciary plan administrator/service representative. (4) the present fair market value of your interest in each account/plan. (5) whether you are vested or not vested; and if vested, in what amount, as of a certain date and the schedule of future vesting. (6) the date at which you became/become eligible to receive some funds in this account/plan. (7) monthly benefits of the account/plan if no fair market value is ascertained. (8) beneficiary(ies) and/or alternate payee(s). e. Financial Accounts. For all financial accounts (checking, savings, money market, credit union accounts, or other such cash management accounts) listed in your Financial Affidavit, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of each institution. (2) name in which the account is or was maintained. (3) last 4 digits of account numbers. (4) names of each person authorized to make withdrawals from the accounts. (5) highest balance within each of the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. (6) lowest balance within each of the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 197 - You may comply with this interrogatory (4.e) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished pursuant to rule 12.285 (Mandatory Disclosure). f. Closed Financial Accounts. For all financial accounts (checking, savings, money market, credit union accounts, or other such cash management accounts) closed within the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of each institution. (2) name in which the account is or was maintained. (3) last 4 digits of account numbers. (4) name of each person authorized to make withdrawals from the accounts. (5) date account was closed. g. Trust. For any interest in an estate, trust, insurance policy, or annuity, state the following: (1) If you are the beneficiary of any estate, trust, insurance policy, or annuity, give for each one the following: (a) identification of the estate, trust, insurance policy, or annuity. (b) the nature, amount, and frequency of any distributions of benefits. (c) the total value of the beneficiaries interest in the benefit. (d) whether the benefit is vested or contingent. Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 198 - (2) If you have established any trust or are the trustee of a trust, state the following: (a) the date the trust was established. (b) the names and addresses of the trustees. (c) the names and addresses of the beneficiaries. (d) the names and addresses of the persons or entities who possess the trust documents. (e) each asset that is held in each trust, with its fair market value. h. Name of Accountant, Bookkeeper, or Records Keeper. State the names, addresses, and telephone numbers of your accountant, bookkeeper, and any other persons who possess your financial records, and state which records each possesses. 5. LIABILITIES: a. Loans, Liabilities, Debts, and Other Obligations. For all loans, liabilities, debts, and other obligations (other than credit cards and charge accounts) listed in your Financial Affidavit, indicate for each the following: (1) name and address of the creditor. (2) name in which the obligation is or was incurred. (3) last 4 digits of loan or account number, if any. (4) nature of the security, if any. (5) payment schedule. (6) present balance and current status of your payments. (7) total amount of arrearage, if any. You may comply with this interrogatory (5.a) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished under rule 12.285 Mandatory Disclosure). Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 199 - b. Credit Cards and Charge Accounts. For all financial accounts (credit cards, charge accounts, or other such accounts) listed in your Financial Affidavit, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of the creditor. (2) name in which the account is or was maintained. (3) name of each person authorized to sign on the accounts. (4) last 4 digits of account numbers. (5) present balance and current status of your payments. (6) total amount of arrearage, if any. (7) highest and lowest balance within each of the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. You may comply with this interrogatory (5.b) by providing copies of all periodic (monthly quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure). c. Closed Credit Cards and Charge Accounts. For all financial accounts (credit cards, charge accounts, or other such accounts) closed with no remaining balance, within the last 3 years, or since the entry of the Final Judgment sought to be modified, if shorter, in which you have had any legal or equitable interest, regardless of whether the interest is or was held in your own name individually, in your name with another person, or in any other name, give the following: (1) name and address of each creditor. (2) name in which the account is or was maintained. (3) last 4 digits of account numbers. Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 200 - (4) name of each person authorized to sign on the accounts. (5) date the balance was paid off. (6) amount of final balance paid off. You may comply with this interrogatory (5.c) by providing copies of all periodic (monthly, quarterly, semi-annual, or annual) account statements for each such account for the preceding 3 years, or since the entry of the Final Judgment sought to be modified, if shorter. DO NOT FILE THESE DOCUMENTS IN THE COURT FILE. You do not have to resubmit account statements previously furnished under rule 12.285 (Mandatory Disclosure). 6. MISCELLANEOUS: a. If you are claiming a diminished earning capacity since the entry of the Final Judgment sought to be modified as grounds to modify alimony or deviate from the child support established in your case, describe in detail how your earning capacity is lowered and state all facts upon which you rely in your claim. If unemployed, state how, why, and when you lost your job. b. If you are claiming a change in mental or physical condition since the entry of the Final Judgment sought to be modified as grounds to modify alimony or change the child support established in your case, describe in detail how your mental and/or physical capacity has changed and state all facts upon which you rely in your claim. Identify the change in your mental and/or physical capacity, and state the name and address of all health care providers involved in the treatment of this mental or physical condition. c. If you are requesting a change in shared or sole parental responsibility, ultimate decisionmaking, the time-sharing schedule, the parenting plan, or any combination thereof, for the minor child(ren), describe in detail the change in circumstances since the entry of the Final Judgment sought to be modified that you feel justify the requested change. State when the change of circumstances occurred, how the change or circumstances affects the child(ren), and why it is in the best interests of the child(ren) that the Court make the requested change. Attach your proposed parenting plan. d. If you do not feel the requested change in shared or sole parental responsibility, ultimate decision-making, the time-sharing schedule, the parenting plan, or any combination thereof, for the minor child(ren) is in their best interests, or if you feel there has not been a change in circumstances since the entry of the Final Judgment sought to be modified, describe in detail any facts since the entry of the Final Judgment sought to be modified that you feel justify the Court denying the requested change. State what requested change, if any, in shared or sole Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 201 - parenting responsibility, ultimate decision-making, the time-sharing schedule, or of the parenting plan is justified or agreeable to you and why it is in the best interests of the child(ren). 7. LONG FORM AFFIDAVIT: If you filed the Short Form Affidavit, Florida Family Law Rules of Procedure Form 12.902(b), and you were specifically requested in the Notice of Service of Standard Family Law Interrogatories to file the Long Form Affidavit, Form12.902(c), you must do so within the time to serve the answers to these interrogatories. I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date}____________________________. Other party or his/her attorney: Name: _______________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ E-mail Address(es):_______________________________ I understand that I am swearing or affirming under oath to the truthfulness of the answers to these interrogatories and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 202 - Dated: Signature of Party Printed Name: _________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ E-mail Address(es):_______________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or deputy clerk.] Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} , {name of business} __________________________________________________________________, {address} _________________________________________________, {city} _____________,{state} , {telephone number} . Florida Family Law Rules of Procedure Form 12.930(c), Standard Family Law Interrogatories for Modification Proceedings (07/12) - 203 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.932, CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE (07/12) When should this form be used? Mandatory disclosure requires each party in a dissolution of marriage case to provide the other party with certain financial information and documents. These documents must be served on the other party within 45 days of service of the petition for dissolution of marriage or supplemental petition for modification on the respondent. The mandatory disclosure rule applies to all original and supplemental dissolution of marriage cases, except simplified dissolution of marriage cases and cases where the respondent is served by constructive service and does not answer. You should use this form to notify the court and the other party that you have complied with the mandatory disclosure rule. Each party must provide the other party with the documents listed in section 2 of this form if the relief being sought is permanent regardless of whether it is an initial or supplemental proceeding. ONLY THE ORIGINAL OF THE COMPLETED FORM IS FILED WITH THE COURT. EXCEPT FOR THE FINANCIAL AFFIDAVIT AND CHILD SUPPORT GUIDELINES WORKSHEET, NO DOCUMENTS SHALL BE FILED IN THE COURT FILE WITHOUT A PRIOR COURT ORDER. THE DOCUMENTS LISTED ON THE FORM ARE TO BE GIVEN TO THE OTHER PARTY. If your individual gross annual income is under $50,000, you should complete the Family Law Financial Affidavit (Short Form), Florida Family Law Rules of Procedure Form 12.902(b). If your individual gross annual income is $50,000 or more, you should complete the Family Law Financial Affidavit (Long Form), Florida Family Law Rules of Procedure Form 12.902(c). In addition, there are separate mandatory disclosure requirements that apply to temporary financial hearings, which are listed in section 1 of this form. The party seeking temporary financial relief must serve these documents on the other party with the notice of temporary financial hearing. The responding party must serve the required documents on the party seeking temporary relief. Service by e-mail or mail shall be at least 7 days before the temporary financial relief hearing. Service by delivery shall be no later than 5:00 p.m., 2 business days before the hearing. Any documents that have already been served under the requirements for temporary or initial proceedings do not need to be reserved again in the same proceeding. If a supplemental petition is filed, seeking modification, then the mandatory disclosure requirements begin again. 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 your case is filed and keep a copy for your records. A copy of this form must be served on any other party in your case. Service must be in accordance with Florida Rule of Judicial Administration 2.516. Instructions to Florida Family Law Rules of Procedure Form 12.932, Certificate of Compliance with Mandatory Disclosure (07/12) - 204 - What should I do next? After you have provided the other party all of the financial information and documents and have filed this form certifying that you have complied with this rule, you are under a continuing duty to promptly give the other party any information or documents that change your financial status or that make the information already provided inaccurate. You should not file with the clerk any of the documents listed in the certificate of compliance other than the financial affidavit and the child support guidelines worksheet. Refer to the instructions regarding the petition in your case to determine how you should proceed after filing this 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 Florida Family Law Rule of Procedure 12.285. Special notes ¦ You may provide copies of required documents; however, the originals must be produced for inspection if the other party requests to see them. Although the financial affidavits are based on individual gross income, either party may ask the other party to complete the Family Law Financial Affidavit (Long Form), Florida Family Law Rules of Procedure Form 12.902(c), by serving the appropriate interrogatory form. (See Standard Family Law Interrogatories, Florida Family Law Rules of Procedure Form 12.930(b) (original proceedings) or (c) (modification proceedings)). Any portion of the mandatory disclosure rule may be modified by order of the judge or agreement of the parties. Therefore, you and your spouse may agree that you will not require each other to produce the documents required under the mandatory disclosure rule. This exception does not apply to the Financial Affidavit, Family Law Rules of Procedure Form 12.902(b) or (c), which is required in all cases and cannot be waived. 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 to Florida Family Law Rules of Procedure Form 12.932, Certificate of Compliance with Mandatory Disclosure (07/12) - 205 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. CERTIFICATE OF COMPLIANCE WITH MANDATORY DISCLOSURE ONLY THE ORIGINAL OF THIS COMPLETED FORM IS FILED WITH THE COURT. EXCEPT FOR THE FINANCIAL AFFIDAVIT AND CHILD SUPPORT GUIDELINES WORKSHEET, NO DOCUMENTS SHALL BE FILED IN THE COURT FILE WITHOUT A PRIOR COURT ORDER. THE DOCUMENTS LISTED BELOW ARE TO BE GIVEN TO THE OTHER PARTY. I, {full legal name} , certify that I have complied with the mandatory disclosure required by Florida Family Law Rule 12.285 as follows: 1. FOR TEMPORARY FINANCIAL RELIEF, ONLY: The date the following documents were served: . [Check all that apply] a. ____ Financial Affidavit ( ) Florida Family Law Rules of Procedure Form 12.902(b) (short form) ( ) Florida Family Law Rules of Procedure Form 12.902(c) (long form) b. ____ All personal (1040) federal tax, gift tax, and intangible personal property tax returns for the preceding year; or ( ) Transcript of tax return as provided by IRS form 4506-T; or ( ) IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared. c. ____ Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit. 2. FOR INITIAL, SUPPLEMENTAL, AND PERMANENT FINANCIAL RELIEF: The date the following documents were served: [Check all that apply] a. ____ Financial Affidavit . Florida Family Law Rules of Procedure Form 12.932, Certificate of Compliance with Mandatory Disclosure (07/12) - 206 - b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. ( ) Florida Family Law Rules of Procedure Form 12.902(b) (short form) ( ) Florida Family Law Rules of Procedure Form 12.902(c) (long form) ____ All personal (1040) federal and state income tax returns, gift tax returns, and intangible personal property tax returns for the preceding 3 years; ( ) IRS forms W-2, 1099, and K-1 for the past year because the income tax return for the past year has not been prepared. ____ Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit. ___ A statement identifying the source and amount of all income for the 3 months before the service of the financial affidavit, if not reflected on the pay stubs produced. ___ All loan applications and financial statements prepared for any purpose or used for any purpose within the 12 months preceding the service of the financial affidavit. ___ All deeds to real estate in which I presently own or owned an interest within the past 3 years. All promissory notes in which I presently own or owned an interest within the last 12 months. All present leases in which I own an interest. ___ All periodic statements for the last 3 months for all checking accounts and for the last year for all savings accounts, money market funds, certificates of deposit, etc. ___ All brokerage account statements for the last 12 months. ___ Most recent statement for any pension, profit sharing, deferred compensation, or retirement plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, etc.) and summary plan description for any such plan in which I am a participant or alternate payee. ___ The declaration page, the last periodic statement, and the certificate for any group insurance for all life insurance policies insuring my life or the life of me or my spouse. ___ All health and dental insurance cards covering either me or my spouse and/or our dependent child(ren). ___ Corporate, partnership, and trust tax returns for the last 3 tax years, in which I have an ownership or interest greater than or equal to 30%. ___ All credit card and charge account statements and other records showing my (our) indebtedness as of the date of the filing of this action and for the prior 3 months. All promissory notes on which I presently owe or owed within the past year. All lease agreements I presently owe. ___ All premarital and marital agreements between the parties to this case. ___ If a modification proceeding, all written agreements entered into between the parties at any time since the order to be modified was entered. ___ All documents and tangible evidence relating to claims for an unequal distribution of marital property, enhancement or appreciation in nonmarital property, or nonmarital status of an asset or debt. ___ Any court order directing that I pay or receive spousal support (alimony) or child support. I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date}_________________. Florida Family Law Rules of Procedure Form 12.932, Certificate of Compliance with Mandatory Disclosure (07/12) - 207 - Other party or his/her attorney: Name: _______________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ E-mail Address(es):_______________________________ I understand that I am swearing or affirming under oath to the accuracy of my compliance with the mandatory disclosure requirements of Florida Family Law Rule of Procedure 12.285 and that, unless otherwise indicated with specificity, this disclosure is complete. I further understand that the punishment for knowingly making a false statement or incomplete disclosure includes fines and/or imprisonment. ____________________________________ Signature of Party Printed Name: _________________________ Address: _____________________________ City, State, Zip:_________________________ Telephone Number: ____________________ Fax Number: __________________________ E-mail Address(es):______________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stamp commissioned name of notary or clerk.] _ _ Personally known Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} ________________________________________________________, {name of business} ______________________________________________________________, {address}________________________________________________________________, {city}________________________,{state}______, {telephone number}___________________. Florida Family Law Rules of Procedure Form 12.932, Certificate of Compliance with Mandatory Disclosure (07/12) - 208 - . INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.996(b), NOTICE TO PAYOR (07/12) When should this form be used? This form should be used when an Income Deduction Order has been entered by the Court which is to take effect immediately. This form should be typed or printed in black ink. After completing this form, the original of this form should be filed with the clerk of the circuit court in the county in which the action is pending. You should keep a copy for your own records. What should I do next? A copy of this form, and a copy of the Income Deduction Order, must be sent to the obligor s payor by certified mail, return receipt requested. The return receipt should be sent to the person that prepared this form so that it can filed with the clerk along with Florida Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt. A copy of this form must also be served on the other party or his or her attorney. Service must be in accordance with 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 section 61.1301, Florida Statutes. Special Instructions... The Obligor s social security number must be written on the copies of the Notice to Payor that are mailed to the Obligor s Payor and served on the other party or his or her attorney. The social security number should not be written on the copy of the Notice to Payor filed with the court. 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 to Florida Family Law Rules of Procedure Form 12.996(b), Notice to Payor (07/12) - 209 - IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA Case No.: Division: , Petitioner, and , Respondent. NOTICE TO PAYOR TO: Name of Obligor s Payor: Payor s Address: RE: Name: Address: Obligor Obligee Obligor s social security number:_________________________________. NOTE: The Obligor s social security number should be placed on the copy of the Notice to Payor that is mailed to the Obligor s Payor. This line should be left blank on the original Notice to Payor filed with the court. YOU, THE PAYOR, ARE HEREBY NOTIFIED that, under section 61.1301, Florida Statutes, you have the responsibilities and rights set forth below with regard to the accompanying Income Deduction Order and/or any attachment(s): 1. You are required to deduct from the obligor s income the amount specified in the income deduction order, and in the case of a delinquency the amount specified in the notice of delinquency, and to pay that amount to the State of Florida Disbursement Unit. The amount actually deducted plus all administrative charges shall not be excess of the amount allowed under section 303(b) of the Consumer Credit Protection Act, 15 U.S.C. §1673(b) as amended. 2. You must implement income deduction no later than the first payment date which occurs more than 14 days after the date the income deduction order was served on you, and you shall conform the amount specified in the income deduction order or, in Title IV-D cases, the income deduction notice, to the obligor s pay cycle. The court should request at the time of the order that the payment cycle will reflect that of the obligor. Florida Family Law Rules of Procedure Form 12.996(b), Notice to Payor (07/12) - 210 - 3. You must forward, within 2 days after each date the obligor is entitled to payment from you, to the State of Florida Disbursement Unit, the amount deducted from the obligor s income, a statement as to whether the amount totally or partially satisfies the periodic amount specified in the income deduction order, or in Title IV-D cases, income deduction notice, and the specific date each deduction is made. If the IV-D agency is enforcing the order, you shall make these notifications to the agency. 4. If you fail to deduct the proper amount from the obligor s income, you are liable for the amount you should have deducted, plus costs, interest, and reasonable attorneys fees; 5. You may collect up to $5 against the obligor s income to reimburse you for administrative costs for the first income deduction and up to $2 for each deduction thereafter. 6. The notice to payor, or, in Title IV-D cases, income deduction notice, and in the case of a delinquency, the notice of delinquency, are binding on you until further notice by the obligee, IV-D agency, or the court or until you no longer provide income to the obligor. 7. When you no longer provide income to the obligor, you shall notify the obligee and provide the obligor s last known address and the name and address of the obligor s new payor, if known. If you violate this provision, you are subject to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. If the IV-D agency is enforcing the order, you shall make these notifications to the agency instead of the obligee. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction order. 8. You shall not discharge, refuse to employ, or take disciplinary action against an obligor because of the requirement for income deduction. A violation of this provision subjects you to a civil penalty not to exceed $250 for the first violation or $500 for any subsequent violation. Penalties shall be paid to the obligee or the IV-D agency, whichever is enforcing the income deduction, if any alimony or child support obligation is owing. If no alimony or child support obligation is owing, the penalty shall be paid to the obligor. 9. The obligor may bring a civil action in the courts of this state against a payor who refuses to employ, discharges, or otherwise disciplines an obligor because of income deduction. The obligor is entitled to reinstatement of all wages and benefits lost, plus reasonable attorneys fees and costs incurred. 10. The requirement for income deduction has priority over all other legal processes under state law pertaining to the same income and that payment, as required by the notice to payor or the income deduction notice, is a complete defense by the payor against any claims of the obligor or his or her creditors as to the sum paid. 11. When you receive notices to payor or income deduction notices requiring that the income of two or more obligors be deducted and sent to the same depository, the payor may combine the amounts that are to be paid to the depository in a single payment as long as the payments attributable to each obligor are clearly identified. Florida Family Law Rules of Procedure Form 12.996(b), Notice to Payor (07/12) - 211 - 12. If you receive more than one notice to payor or income deduction notice against the same obligor, the payor shall contact the court or, in Title IV-D cases, the Title IV-D agency for further instructions. 13. In a Title IV-D case, if an obligation to pay current support is reduced or terminated due to the emancipation of a child and the obligor owes an arrearage, retroactive support, delinquency, or costs, income deduction continues at the rate in effect immediately prior to emancipation until all arrearages, retroactive support, delinquencies, and costs are paid in full or until the amount of withholding is modified. 14. All notices to the obligee shall be sent to the address provided in this notice to payor, or any place thereafter the obligee requests in writing. 15. An employer who employed 10 or more employees in any quarter during the preceding state fiscal year or who was subject to and paid tax to the Department of Revenue in an amount of $20,000 or more shall remit support payments deducted pursuant to an income deduction order or income deduction notice and provide associated case data to the State Disbursement Unit by electronic means approved by the department. Payors who are required to remit support payments electronically can find more information on how to do so by accessing the State Disbursement Unit s website at www.floridasdu.com and clicking on Payments. Payment options include Expert Pay, Automated Clearing House (ACH) credit through your financial institution, www.myfloridasdu.com, or Western Union. Payors may contact the SDU Customer Service Employer telephone line at 1-888-833-0743. 16. Additional information regarding the implementation of this Notice to Payor may be found at www.florida.sdu.com. I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the person(s) listed below on {date}_____________________. Other party or his/her attorney: Name: _______________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ E-mail Address(es):_______________________________ ____________________________________________ Signature of Party or his/her attorney Printed Name: ________________________________ Address: ____________________________________ City, State, Zip:________________________________ Telephone Number: ___________________________ Florida Family Law Rules of Procedure Form 12.996(b), Notice to Payor (07/12) - 212 - Fax Number: _________________________________ E-mail Address(es):_____________________________ Florida Bar Number:___________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} ________________________________, {name of business} ______________________________________________________________, {street} __________________________________________________________, {city} _________________________, {state} , {telephone number}________________. Florida Family Law Rules of Procedure Form 12.996(b), Notice to Payor (07/12) - 213 - INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.996(c) NOTICE OF FILING RETURN RECEIPT (07/12) When should this form be used? This form should be used when an Income Deduction Order, Florida Family Law Rules of Procedure Form 12.996(a), is entered by the court and a Notice to Payor, Florida Family Law Rules of Procedure Form 12.996(b), has been sent by certified mail to the obligor s payor. When the post office returns the return receipt to you showing that the obligor s payor has received the Notice to Payor, you should type or print this form in black ink. After completing this form, you should sign it and attach the return receipt you received from the post office. The original of this form (and the attached return receipt) should be filed with the clerk of the circuit court in the county in which the action is pending. You should keep a copy for your own records. What should I do next? A copy of this form must also be served on the other party or his or her attorney. Service must be in accordance with 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 section 61.1301, Florida Statutes. Special notes... 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 Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt (07/12) - 214 - IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT, IN AND FOR ______________________________ COUNTY, FLORIDA Case No: ________________________ Division: ________________________ _________________________________, Petitioner, and _________________________________, Respondent. NOTICE OF FILING RETURN RECEIPT {Name} ________________________________________________________________, the [check only one] ( )Petitioner ( )Respondent, files the attached Return Receipt in reference to the Notice to Payor sent by certified mail to {Payor s name} __________________________, the [check only one] ( ) Petitioner s ( ) Respondent s employer. I certify that a copy of this document was [check all used]: ( ) e-mailed ( ) mailed ( ) faxed ( ) hand delivered to the persons(s) listed below on {date} ____________________________. Other party or his/her attorney: Name: _______________________________________ Address: ______________________________________ City, State, Zip: _________________________________ Fax Number: ___________________________________ E-mail Address(es):_______________________________ ________________________________________________ Signature of Party or his/her Attorney Printed Name: ___________________________ Address: ________________________________ City, State, Zip: ___________________________ Telephone Number: _______________________ Fax Number: _____________________________ E-mail Address(es):______________________ Florida Bar Number:________________________ Florida Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt (07/12) - 215 - IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual} _________________________________________________________, {name of business} ___________________________________________________________, {street} _____________________________________________________________________, {city} ______________________, {state} ______, {telephone number} ___________________. Florida Family Law Rules of Procedure Form 12.996(c), Notice of Filing Return Receipt (07/12) - 216 -

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