SUPREME COURT UNIFIES FLORIDA FAMILY LAW FORMS
The Supreme Court has amended the Florida Family Law Rules of Procedure to designate all of Florida’s family law forms as “Florida Supreme Court Approved Family Law Forms” and unified the process for creating, amending, abrogating, and maintaining the forms, saying the existing division of responsibility had become “less than ideal.”
Acting on its own motion September 10 in Case No. SC2026-1262, the court also amended Rule Regulating The Florida Bar 10-2.2 (Form Completion by a Nonlawyer) to remove the reference to a prior designation.
The court said the new approach will allow it to create, amend, or abrogate an approved family law form outside the normal rulemaking process by order or opinion. The forms will also be published and maintained on the Family Courts webpage of the Florida Courts website.
The changes are the latest step in the court’s effort to streamline the process for maintaining family law forms.
In 1995, when the court adopted the Florida Family Law Rules of Procedure, nearly 70 family law forms were included. The Family Law Rules Committee was tasked with their ongoing review, while the Family Court Steering Committee was asked to review the family law process with an emphasis on simplifying it for pro se litigants.
In 2000, the court addressed “who shall have the continuing responsibility of reviewing, revising, and otherwise maintaining the family law forms.”
The two committees had agreed that most of the forms should be removed from the rulemaking process, but the Family Law Rules Committee wanted 16 forms to remain subject to the process.
The court agreed, but warned that if the arrangement became unworkable, it would not hesitate to assign total responsibility for the forms to a single entity.
“The Court has now determined that the division of Florida’s family law forms has become less than ideal and that a more unified and flexible approach would be more effective,” the opinion states.
Under amended Family Law Rule of Procedure 12.015 (Family Law Forms), the court will designate all of the state’s family law forms as “Florida Supreme Court Approved Family Law Forms.” The Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms will provide recommendations to the court regarding the creation, amendment, or abrogation of the forms.
The court said a form adopted by order will include notice that anyone may submit comments on the form to the advisory workgroup.
The amendments also update references to family law forms throughout the Florida Family Law Rules of Procedure. Rules 12.610 (Injunctions for Protection Against Domestic, Repeat, Dating, and Sexual Violence, and Stalking) and 12.750 (Family Self-Help Programs) are updated to reference the justice liaison to the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms.
The court said the redesignation does not invalidate existing forms. Until forthcoming amendments update the form titles, all family law forms remain valid and may continue to be used regardless of how they are titled. Cross-references to rules forms are to be construed as references to the corresponding Florida Supreme Court Approved Family Law Forms.
The court commended the Family Law Rules Committee, Family Court Steering Committee, and advisory workgroup for their efforts, “especially their efforts to make the forms understandable to both attorneys and pro se litigants.”
The amendments take effect October 1 at 12:01 a.m.
Because the amendments were not previously published for comment, interested persons have until November 24 to file comments with the court. A separate request for oral argument must be filed by anyone who wishes to participate in oral argument, if oral argument is scheduled.
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