Family Law Rules Committee out-of-cycle amendments.

 
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The Family Law Rules Committee invites comment on proposed out-of-cycle amendments to the Florida Family Law Rules shown below. The full text of the proposed amendments can be found on The Florida Bar's website at www.floridabar.org. Interested persons have until September 1, 2015, to submit comments electronically to the committee chair, Charles Cole Jeffries, ccjeffries@earthlink.net and to the Bar staff liaison, Greg Zhelesnik, at gzhelesnik@flabar.org

RULE/FORM VOTE EXPLANATION 12.005. 17-0-0 The proposed amendment reflects the anticipated effective date of the set of proposed amended rules. 12.010. 17-0-0 The proposed amendment to subdivision (a)(2) replaces reference to the Florida Rules of Civil Procedure with reference to the Florida Rules of Judicial Administration. Archaic language has also been removed. 12.015. 22-0-0 The proposed amendment updates the list of Family Law Rules Committee adopted forms. Specifically: --newly created forms 12.91 l(a)-(e) are inserted in the list at numbers (15)-(19); --currently existing form 12.930(d) is inserted at number (29); --newly created form 12.975 is inserted at number (31); and --currently existing forms 12.984(a)-(d) are inserted at numbers (32)-(35). The remaining items have been renumbered appropriately considering the above listed proposed amendments. Archaic language has also been removed. 12.020. 15-0-1 The proposed amendment removes the application of the Civil Procedure Rules to the Family Law Rules. In its place, the Committee proposes retitling and rewriting this rule to be a definitional rule which refers users to the Family Law Glossary at the beginning of the Family Law Forms. This proposed amendment helps self-represented litigants by providing a singular location to look for the correct terminology. 12.030. 17-0-0 The proposed amendment replaces the reference to Civil Procedure Rule 1.030 with a general reference to the Rules of Judicial Administration or an applicable statute. 12.050. 14-0-1 The proposed amendment deletes the reference to Civil Procedure Rule 1.050. The amendment incorporates the language of rule 1.050 with minor changes. Specifically, the rule now refers to "family law matters" and removes the term "complaint," replacing it with "petition," in keeping with the correct family law terminology. 12.060. 15-0-1 The proposed amendment deletes the reference to Civil Procedure Rule 1.060. The amendment incorporates the language of rule 1.060 with minor changes. Specifically, cross references to rule 1.070 in subdivisions (a) and (b) are replaced by cross references to Family Law Rule 12.070. Editorial changes were made in subdivisions (a) and (b) for ease of reading. 12.070. 17-0-0 The proposed amendment deletes the reference to Civil Procedure Rule 1.070. The amendment incorporates the language of rule 1.070 in subdivisions (a)(1), (b)-(c), and (f)-(k). Specifically, the existing subdivision (a) was deleted and replaced with language from subdivision (a) of rule 1.070. Subdivision (b) has been renumbered to subdivision (a)(2) and has been retitled. Existing subdivision (c) has been renumbered to subdivision (e). Subdivision (1) has been amended to replace the cross reference to rule 1.420 with a cross reference to Family Law Rule 12.420. Archaic language has been removed throughout the entire rule. Family law terminology has replaced civil terminology. Specifically, "petitioner" replaces "plaintiff," "respondent" replaces "defendant," and "petition" replaces "complaint." 12.071. 19-0-0 The proposed amendment deletes the reference to Civil Procedure Rule 1.071. The amendment incorporates the language of rule 1.071 with no changes. 12.080. 19-0-0 The proposed amendment to subdivision (c)(1) replaces a cross reference to Civil Procedure Rule 1.070 with a cross reference to Family Law Rule 12.070. Archaic language has also been removed. 12.090. 19-0-0 The proposed amendment deletes the reference to Civil Procedure Rule 1.090. The amendment incorporates the language of rule 1.090. Specifically, the existing text of the rule is renumbered and titled as subdivision (a). Subdivisions (b)-(d) consist of language incorporated from rule 1.090. Subdivision (b) is amended to replace the cross reference to rule 1.540 with a cross reference to Family Law Rule 12.540. Archaic language has also been removed. 12.100. 18-0-0 The proposed amendment retitles the rule and deletes the reference to Civil Procedure Rule 1.100 and the existing rule language. In place of the deleted language, the amendment incorporates rule 1.100 language at subdivisions (a), (b), (c)(1), and (c)(2)-(c)(3). Specifically: Subdivision (c)(1) removes reference to forfeiture proceedings as they do not relate to family law cases. The amendment creates new subdivisions (c)(1)(A)-(c)(1)(I) to create uniformity and provide a clear template to utilize and follow to properly identify the type of action initiated. New subdivision (c)(2) is added to create a standardized manner of captioning actions, whether in an original proceeding or a post-judgment proceeding. Subdivision (c)(3) is amended to replace the cross reference to Civil Procedure Form 1.997 with a cross reference to Family Law Form 12.928. Subdivision (c)(4) is amended to replace cross references. Specifically, the amendment removes the cross reference to Civil Procedure Form 1.998 and replaces a cross reference to rule 1.420 with a cross reference to Family Law Rule 12.420. Subdivision (d) replaces the civil language regarding Motion in Lieu of Scire Facias with language regarding Notice of Related Cases. Archaic language has also been removed. 12.110. 19-0-0 The proposed amendment deletes the reference to Civil Procedure Rule 1.110. The amendment incorporates the language of rule 1.110 with some changes. Specifically: Subdivision (b) is amended to include terms that properly represent the nomenclature used in family law matters and remove the phrases "claim" and "claimant." Subdivision (c) is added to address those circumstances where verification is by an individual (i.e., financial affidavits). This amendment derives from language that was contained in rule 1.110 but has since moved to rule 1.115(e). Subdivision (d) is amended to update terminology. "Answers" replaces " defenses," "allegations" replaces "averments," and "pleader" replaces "defendant." Subdivision (e) is amended to delete the list of specific affirmative defenses that are required to be plead and replace it with a general statement of "affirmative defenses allowed by law" as many civil affirmative defenses are inapplicable to family law matters. An editorial punctuation change is made after the cross reference to rule 12.140, replacing the civil semi-colon with a comma. Subdivision (f) is amended to replace the phrase "amount of damages" with the phrase "the relief requested" and to replace the term "averments" with the term "allegations." Subdivision (g) is amended to replace the term "averments" with the term "allegations." Subdivision (i) is amended to remove the term "complaint." The amendment also adds a sentence requiring proceedings to modify a final judgment be initiated only by this subdivision and not by motion. Archaic language has also been removed. 12.120. 14-0-1 The proposed amendment deletes the reference to Civil Procedure Rule 1.120. The amendment incorporates the language of rule 1.120 with minor changes. Subdivision (a) is amended to begin with the clause 'Unless required by statute." The term "aver" and its derivations have been replaced with the term "allege" and its derivations. Archaic language has also been removed. 12.130. 14-0-1 The proposed amendment to subdivision (a) adds the clause "or otherwise required by law." Also, to simplify the rule, the language "a copy of the bonds, notes, bills of exchange, contracts, accounts or other" is deleted. 12.140. 14-0-1 The proposed amendment deletes the reference to Civil Procedure Rule 1.140. The amendment incorporates the language of rule 1.140 with changes to bring the rule in accord with family law matters, including using the correct terminology. Specifically: Subdivision (a)(1) has been amended to refer to the appropriate types of pleadings that would require responses in family law matters and the parties as "petitioner" and "respondent." Subdivision (a)(2) has been deleted as the rule 1.140 language does not apply to family law matters. Subsequent subdivisions have been renumbered. Subdivision (d) has been amended to more accurately cross reference subdivisions (b)(1)-(b)(7). The term "defenses" has been replaced by the term "responses" throughout the rule. Archaic language has also been removed. 12.150. 14-0-1 The proposed amendment deletes the reference to Civil Procedure Rule 1.150. The amendment incorporates the language of rule 1.150 while removing archaic language. Subdivision (b) has been...

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