In Re: Amendments to Florida Family Law Rules of Procedure

Supreme Court of Florida
____________

No. SC2023-1472
____________

IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF
PROCEDURE.

June 27, 2024

PER CURIAM.

The Florida Bar’s Family Law Rules Committee (Committee)

has filed a report proposing amendments to Florida Family Law

Rules of Procedure 12.400 (Confidentiality of Records and

Proceedings), 12.470 (Exceptions), 12.490 (General Magistrates),

12.491 (Child Support Enforcement), and 12.740 (Family

Mediation).1 The Florida Bar’s Board of Governors unanimously

recommends acceptance of the proposed rule amendments.

The Committee published its proposal for comment and

received one comment. After the proposed amendments were filed,

we published the proposal for comment, and one comment was

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
received. The Committee responded, agreeing with the comment.

Having reviewed the Committee’s proposal, the comment, and the

response, we adopt the amendments as proposed with minor

modifications as suggested in the comment filed. We discuss the

more significant amendments below.

First, we amend rule 12.400(d) (Conditional Sealing of

Financial Information) by deleting the reference to subdivision “(d)”

of Florida Rule of General Practice and Judicial Administration

2.420.

Next, we amend rule 12.470 by deleting an outdated reference

to this Court’s website. We replace it with directions to find the

Florida Standard Jury Instructions on The Florida Bar’s website.

Also, we amend rules 12.490 and 12.491 by changing the

deadline to file a motion to vacate from 10 to 15 days. We also

clarify, in both rules, that “a motion to vacate operates as a motion

for rehearing under rule 12.530.”

Last, we amend rule 12.740 by expanding the limitations on

referral to mediation. We amend the rule to include that a party

must advise the court if there is a domestic violence injunction or a

conviction of a crime of domestic violence between the parties, or if

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there has been a history of violence between the parties that would

compromise the mediation process. In those cases, the court may

waive mediation entirely or enter appropriate orders to protect the

mediation process and the parties’ safety. Additionally, we amend

the rule to include that Title IV-D actions, post-judgment contempt

and enforcement, and extensions or modifications of injunctions

may not be referred to mediation absent a finding of good cause by

the court or consent of the parties.

Accordingly, the Florida Family Law Rules of Procedure are

amended as reflected in the appendix to this opinion. New

language is indicated by underscoring; deletions are indicated by

struck-through type. The amendments will take effect on July 1,

2024, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Honorable Howard Ogle McGillin, Jr., Chair, Family Law Rules
Committee, St. Augustine, Florida, and Joshua E. Doyle, Executive

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Director, and Kelly Noel Smith, Bar Liaison, The Florida Bar,
Tallahassee, Florida,

for Petitioner

Sarah E. Kay, Chair, Family Law Section, The Florida Bar, Tampa,
Florida, Temi N. Zeitenberg, Co-Chair, Rules and Forms Committee,
Family Law Section, The Florida Bar, Boca Raton, Florida, and
Marck K. Joseph, Jr., Co-Chair, Rules and Forms Committee,
Family Law Section, The Florida Bar, Miami, Florida,

Responding with comments

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APPENDIX

RULE 12.400. CONFIDENTIALITY OF RECORDS AND
PROCEEDINGS

(a) – (c) [No Change]

(d) Conditional Sealing of Financial Information.

(1) [No Change]

(2) Notice of conditional sealing shall beis as
required by Florida Rule of General Practice and Judicial
Administration 2.420(d).

(3) [No Change]

Commentary

[No Change]

RULE 12.470. EXCEPTIONS

(a) Adverse Ruling. For appellate purposes, noan
exception shall beis not necessary to any adverse ruling, order,
instruction, or thing whatsoever said or done at the trial, or prior to
the trial, or after the verdict, whichthat was said or done after an
objection was made and considered by the trial court and whichthat
affected the substantial rights of the complaining party complaining
and whichthat is assigned as error, other than as provided by rules
12.490 and 12.492.

(b) Instructions to Jury. The Florida Standard Jury
Instructions appearing on the court’sThe Florida Bar’s website at
www.floridasupremecourt.org/jury_instructions.shtml must be
used by the trial judges of this state in instructing the jury in civil
actions to the extent that the Standard Jury Instructions are
applicable, unless the trial judge determines that an applicable
Standard Jury Instruction is erroneous or inadequate. If the trial

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judge modifies a Standard Jury Instruction or gives such other
instruction as the judge determines necessary to accurately and
sufficiently instruct the jury, on timely objection to the instruction,
the trial judge must state on the record or in a separate order the
legal basis for varying from the Standard Jury Instruction.
Similarly, in all circumstances in which the notes accompanying
the Florida Standard Jury Instructions contain a recommendation
that a certain type of instruction not be given, the trial judge must
follow the recommendation unless the judge determines that the
giving of such anthe instruction is necessary to accurately and
sufficiently instruct the jury, in which event the judge must give
suchthe instruction as the judge deems appropriate and necessary.
If the trial judge does not follow such a recommendation of the
Florida Standard Jury Instructions, on timely objection to the
instruction, the trial judge must state on the record or in a separate
order the legal basis of the determination that such instruction is
necessary. Not later than at the close of the evidence, theThe
parties may file written requests on the law that the court instruct
the jury on the law set forth in such requestsno later than at the
close of the evidence. The court may then require counsel to appear
before it to settle the instructions to be given. At suchthat
conference, all objections must be made and ruled on and the court
must inform counsel of suchthe instructions as the court will give.
No party may assign as error the giving of any instruction or the
failure to give any instruction unless that party objects thereto at
such timethe conference, or the failure to give any instruction
unless that party requested the same. The court shallmay orally
instruct the jury before or after the arguments of counsel and may
provide appropriate instructions during the trial. If the instructions
are given before final argument, the presiding judge must give the
jury final procedural instructions after final arguments are
concluded and before deliberations. The court must provide each
juror with a written set of the instructions for his or her use in
deliberations. The court must file a copy of suchthe instructions.

(c) Orders on New Trial; Directed Verdicts; etc. It
shallis not be necessary to object or except to any order granting or
denying motions for new trials, directed verdicts, or judgments
notwithstanding the verdict or in arrest of judgment to entitle the

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party against whom suchthe ruling is made to have the sameit
reviewed by an appellate court.

Commentary

[No Change]

RULE 12.490. GENERAL MAGISTRATES

(a) [No Change]

(b) Referral.

(1) No matter shallcan be heard by a general
magistrate without an appropriate order of referral and the consent
to the referral of all parties. Consent, as defined in this rule, to a
specific referral, once given, cannot be withdrawn without good
cause shown before the hearing on the merits of the matter
referred. Consent may be express or may be implied in accordance
with the requirements of this rule.

(A) – (D) [No Change]

(2) – (4) [No Change]

(c) – (d) [No Change]

(e) Entry of Order and Relief from Order.

(1) – (2) [No Change]

(3) UponOn receipt of a recommended order, the
court must review the recommended order and must enter the order
promptly unless the court finds that the recommended order is
facially or legally deficient, in which case, it must identify the
deficiency by written order and remand to the general magistrate to
address and, if necessary, conduct further proceedings without the
necessity of a new order of referral to general magistrate. Any party
affected by the recommended order may move to vacate the

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recommended order by filing a motion to vacate within 1015 days
from the date of entry. Any party may file a cross-motion to vacate
within 5 days of service of a motion to vacate, provided, however,
that the filing of a cross-motion to vacate shallwill not delay the
hearing on the motion to vacate unless good cause is shown.

(4) A motion to vacate the order must be heard
within 30 days from the date the motion is filed, unless the time
frame is extended by court order. If applicable, a motion to vacate
operates as a motion for rehearing under rule 12.530. Thereafter,
the judge must enter an order rendering a ruling no later than 30
days after the hearing on the motion to vacate.

(5) The party seeking review shallmust seek to
schedule a hearing date at the same time that the motion to vacate
is filed with the court. Failure to seek a hearing date in conformity
herewith may result in a denial of the motion to vacate.

(6) A timely filed motion to vacate stays the
enforcement of the recommended order rendered by the court until
after the court has conducted a hearing on the motion to vacate and
renders an order granting or denying the motion to vacate.

(f) [No Change]

Commentary

[No Change]

Committee Notes

[No Change]

RULE 12.491. CHILD SUPPORT ENFORCEMENT

(a) Limited Application. This rule shall beis effective only
when specifically invoked by administrative order of the chief justice
for use in a particular county or circuit.

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(b) Scope. This rule shall apply toapplies when a party
seeking support is receiving services pursuant to Title IV-D of the
Social Security Act (42 U.S.C. §§ 651 et seq.) or on administrative
order of the chief justice when a party is not receiving Title IV-D
services in proceedings for:

(1) the establishment, enforcement, or modification
of child support, or; and

(2) the enforcement of any support order for the parent
or other person entitled to receive child support in conjunction with
an ongoing child support or child support arrearage order,

when a party seeking support is receiving services pursuant to Title
IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.) and to
non-Title IV-D proceedings upon administrative order of the chief
justice.

(c) Support Enforcement Hearing Officers. The chief judge
of each judicial circuit shallmust appoint such number of support
enforcement hearing officers for the circuit or any county within the
circuit as are necessary to expeditiously perform the duties
prescribed by this rule. A hearing officer shallmust be a member of
The Florida Bar unless waived by the chief justice and shall serves
at the pleasure of the chief judge and a majority of the circuit
judges in the circuit.

(d) Assignment. UponOn the filing of a cause of action or
other proceeding for the establishment, enforcement, or
modification of support to which this rule applies, the court or clerk
of the circuit court shallmust assign suchthe proceedings to a
support enforcement hearing officer, pursuant to procedures to be
established by administrative order of the chief judge.

(e) General Powers and Duties. The support enforcement
hearing officer shall be empowered to issue process, administer
oaths, require the production of documents, and conduct hearings
for the purpose of taking evidence. A support enforcement hearing
officer does not have the authority to hear contested paternity

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cases. All grounds for disqualification of a judge apply to support
enforcement hearing officers. UponOn the receipt of a support
proceeding, the support enforcement hearing officer shallmust:

(1) designate a time and place for an appropriate
hearing and give notice to each of the parties as may be required by
law;

(A) The notice or order setting the cause
for hearing must contain the following language in bold type:

SHOULD YOU WISH TO SEEK REVIEW OF THE ORDER UPON
THE RECOMMENDATIONS OF THE CHILD SUPPORT
ENFORCEMENT HEARING OFFICER, YOU MUST FILE A
MOTION TO VACATE WITHIN 1015 DAYS FROM THE DATE OF
ENTRY OF THE ORDER IN ACCORDANCE WITH FLORIDA
FAMILY LAW RULE OF PROCEDURE 12.491(f). YOU WILL BE
REQUIRED TO PROVIDE THE COURT WITH A RECORD
SUFFICIENT TO SUPPORT YOUR POSITION OR YOUR MOTION
WILL BE DENIED. A RECORD ORDINARILY INCLUDES A
WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS.
THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.

(B) [No Change]

(2) – (3) [No Change]

(4) evaluate the evidence and promptly make a
recommended order to the court. SuchThe order shallmust set forth
findings of fact.

(f) Entry of Order and Relief from Order. UponOn receipt
of a recommended order, the court shallmust review the
recommended order and shall enter an order promptly unless good
cause appears to amend the order, conduct further proceedings, or
reassign the matter back to the hearing officer to conduct further
proceedings. If a court reporter was present, the recommended
order shallmust contain the name and address, telephone number,

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and e-mail address of the reporter. If the hearing was recorded and
the litigant did not utilize a court reporter, the order shallmust
contain information as to how a litigant can obtain a copy of the
recording. Any party affected by the order may move to vacate the
order by filing a motion to vacate within 1015 days from the date of
entry. Any party may file a cross-motion to vacate within 5 days of
service of a motion to vacate, provided, however, that the filing of a
cross-motion to vacate shallmust not delay the hearing on the
motion to vacate unless good cause is shown. If applicable, a
motion to vacate operates as a motion for rehearing under rule
12.530. A motion to vacate the order shallmust be heard within 10
days after the movant applies for hearing on the motion.

(g) [No Change]

(h) Record. For the purpose of hearing on a motion to
vacate, a record, substantially in conformity with this rule,
shallmust be provided to the court by the party seeking review.

(1) The record shall consists of the court file,
including the transcript of the proceedings before the hearing
officer, if filed, and all depositions and evidence presented to the
hearing officer.

(2) The transcript of all relevant proceedings
shallmust be delivered to the judge and provided to opposing
counsel not less than 48 hours before the hearing on the motion to
vacate. If less than a full transcript of the proceedings taken before
the hearing officer is ordered prepared by the moving party, that
party shall promptly file a notice setting forth the portions of the
transcript that have been ordered. The responding party shallmust
be permitted to designate any additional portions of the transcript
necessary to the adjudication of the issues raised in the motion to
vacate or cross-motion to vacate.

(3) The cost of the original and all copies of the
transcript of the proceedings shallmust be borne initially by the
party seeking review, subject to appropriate assessment of suit
monies. Should any portion of the transcript be required as a result

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of a designation filed by the responding party, the party making the
designation shallmust bear the initial cost of the additional
transcript.

Commentary

[No Change]

Committee Note

[No Change]

RULE 12.740. FAMILY MEDIATION

(a) [No Change]

(b) Referral. Except as provided by law and this rule, all
contested family matters and issues may be referred to mediation.
Every effort must be made to expedite mediation of family issues.
SuchThe referral, or written stipulation of the parties, may provide
for mediation or arbitration in person, remotely via audio or audio-
video communication technology, or a combination thereof. Absent
direction in the order of referral, mediation or arbitration must be
conducted in person, unless the parties stipulate or the court, on
its own motion or on motion by a party, otherwise orders that the
proceeding be conducted by communication technology or by a
combination of communication technology and in-person
participation.

(c) Limitations on Referral to Mediation.

(1) Parties must advise the court if there is an
injunction for domestic violence or a conviction of a crime of
domestic violence between the parties, or if the court finds there
has been a history of violence between the parties that would
compromise the mediation process. In those cases, the court may in
its discretion, waive mediation entirely or enter appropriate orders
to protect the mediation process and the parties’ safety.

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(2) The following actions may not be referred to
mediation absent a finding of good cause by the court or consent of
the parties:

(A) Title IV-D;

(B) post-judgment contempt and
enforcement; and

(C) extensions or modifications of injunctions
between the parties.

(3) Unless otherwise agreed by the parties, family
matters and issues may be referred to a mediator or mediation
program which charges a fee only after the court has determined
that the parties have the financial ability to pay such a fee. This
determination may be based upon the parties’ financial affidavits or
other financial information available to the court. When the
mediator’s fee is not established under section 44.108, Florida
Statutes, or when there is no written agreement providing for the
mediator’s compensation, the mediator shallmust be compensated
at an hourly rate set by the presiding judge in the referral order.
The presiding judge may also determine the reasonableness of the
fees charged by the mediator. When appropriate, the court shallmay
apportion mediation fees between the parties and shall state each
party’s share in the order of referral. Parties may object to the rate
of the mediator’s compensation within 15 days of the order of
referral by serving an objection on all other parties and the
mediator.

(d) [No Change]

(e) Completion of Mediation. Mediation shallmust be
completed within 75 days of the first mediation conference unless
otherwise ordered by the court.

(f) Report on Mediation.

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(1) If agreement is reached as to any matter or issue,
including legal or factual issues to be determined by the court, the
agreement shallmust be reduced to writing, signed by the parties,
and submitted to the court unless the parties agree otherwise. By
stipulation of the parties, the agreement may be electronically or
stenographically recorded and made under oath or affirmed. In
suchthat event, an appropriately signed transcript may be filed with
the court. Signatures may be original, electronic, or facsimile, and
may be in counterparts.

(2) After the agreement is filed, the court shallmust
take action as required by law. When court approval is not
necessary, the agreement shall becomes binding upon filing. When
court approval is necessary, the agreement shall becomes binding
upon approval. In either event, the agreement shallmust be made
part of the final judgment or order in the case.

(3) If the parties do not reach an agreement as to
any matter as a result of mediation, the mediator shallmust report
the lack of an agreement to the court without comment or
recommendation. With the consent of the parties, the mediator’s
report may also identify any pending motions or outstanding legal
issues, discovery process, or other action by any party which, if
resolved or completed, would facilitate the possibility of a
settlement.

Commentary

[No Change]

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