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FAMILY LAW RULES COMMITTEE MEETING AGENDA
Wednesday February 5 2020 100 pm- 500 pm
Hyatt Regency Orlando Barrel Spring 2
Conference Call Number 1-888-376-5050
Conference Call Code 4587125698
I CALL TO ORDER A Sign-in attendance ndash please donrsquot forget to sign in
B Approval of October 2019 minutes Page 5 C Approval of Agenda
II Old Business Vote Required
A Magistrate Rules and Form Presenter Rebecca Hunt
Amendments to Rule 12490 and 12920 (a) (b) (c) were published in the Florida Bar News and several comments were received
Amendments will need to be approved by the BOG and then sent to the Supreme court
Subcommittee Report and Recommendations Page 15
B Fox v Fox Rehearing 12530 Presenter Trisha Armstrong Cases for Reference Fox v Fox 262 So 3d 789 (Fla 4th DCA 2018) Allen v
Juul 44 Fla L Weekly D2046 (Fla August 9 2019)
Items for 2nd Reading on Page 30
C Collaborative Law Amendments
The Collaborative Law subcommittee has worked on forms and they have been sent to Supreme Court for approval in Case SC19-1032 The court published the rules for comment The comments received are attached The Committee filed a response to the comments after full
Committee discussion was had The ADR Committee filed a late comment The Committee has to file a response to the ADR Committee by the due by February 17 2020
III OLD BUSINESS (Discussion andor Vote) Please have your calendar available to schedule the next subcommittee meeting when
your subcommittee report is given To review all FLRC subcommittees and the subcommittee list follow this link
A New Notary Law Presenter Evan Marks Report on Page 32 B Review of the Financial Affidavit Forms Presenter Cory Brandfon C Remote Testimony Presenter Magistrate Rebecca Hunt D SB 590 Timesharing Presenter Susan Giacoletto Subcommittee formed in June 2017 Last subcommittee meeting July 2018 Please see the subcommitteersquos webpage for more information E Email Designation for Pro Se Litigants Subcommittee Presenter Romona Chaplin
Materials Page 34 F Gender Neutral Forms Presenter Shayna Cavanaugh Subcommittee formed in June 2017 Last subcommittee meeting June 2019 Please see the subcommitteersquos webpage for more information G Petition to Establish Parentage Presenter Susan Giacoletto Subcommittee formed in January 2018 Subcommittee has never met Please see the subcommitteersquos webpage for more information H Rule 12410 (d)(2) Presenter Ashley Taylor Subcommittee formed in August 2018 Attempted subcommittee meeting on
October 1 2019 Please see the subcommitteersquos webpage for more information I 12351- and 5-days rules opinion Presenter Trisha Armstrong
Subcommittee formed at the June 2019 meeting Last meeting occurred October 2019
Please see the subcommitteersquos webpage for more information J 12911(d) and 12407 (Minor Child being subpoenaed) Presenter Ashley Taylor Subcommittee formed in July 2019 Last meeting occurred October 2019 Please see the subcommitteersquos webpage for more information K Parties Appearance Simplified Dissolution Presenter Latoya Shelton Williams Subcommittee formed in July 2019 Last meeting occurred September 2019
Please see the subcommitteersquos webpage for more information
L Childrenrsquos In camera testimony Presenter Michael Adriano Subcommittee formed in January 2020
Please see the subcommitteersquos webpage for more information M Disqualification of Magistrates and Hearing Officers Please see the subcommitteersquos webpage for more information
IV NEW BUSINESS
A Jodi Terracinarsquos Concern regarding 12285 Page 48
B Volunteers for a fast-track subcommittee
C Child Support Guidelines- Low income and high income
D Victim of Domestic Violence Confidential Address
E 2020 Legislation (Open Discussion)
V INFORMATIONAL A Supreme Court Update Presenter Chair Mary Lou Cuellar-Stilo
1 2020 Regular Cycle Report was filed 2 IWOIDO Amendments to 12996 (A) and 12996 (D) SC18-1908
Received opinion December 5 2019
3 Service amendment to 12080 was filed as a joint report on December 31 2019 in SC19-2163
B Family Law Section Report Presenter Mary Lou Cuellar-Stilo (Need a volunteer to be the FLRC Family Law Section Liaison) C Judicial Administration Rules Committee Liaison Report Presenter Rebecca Hunt D Joint Assignment from Court Preserving Challenge to Trial Courtrsquos Findings
VI ANNOUNCEMENTS
A List of Active Subcommittee Matters Page 40
B Next Meeting Dates Annual Meeting-June 17-20 2020 Hilton Orlando Bonnet Creek
Fall Meeting- October 7-10 2020 Tampa Airport Marriott
Meetings Oct 18 2019
Accepted the meeting agenda for today
1st Meeting called to Order at 837 am by Madame Chair Mary Lou Cuellar-Stilo
Brief announcements This is the 1st new meeting of this year if anyone is interested in a leadership role of this committee please let Mary Lou Cuellar-Stilo or Mikalla Davis know
If you are at the end of your term and interested for reupping for the next 3 years please make sure that you are proactive and reapply at the January application period
Introductions of parties present Mikalla Davis Mary Lou Cuellar-Stilo Norberto Katz Ashley Taylor Nadja Prias Cory Brandfon TJ Bryant Jeff Battista Joan Koch GM Rebecca Hunt Judge Fred Pollack
Start by addressing the minutes from the last meeting No comments Motion to approve the minutes by Ashley 2nd by Corey No oppositions Approved by acclamation
Move to approve agenda Norbert moved to approve the agenda and Corey 2nd No oppositions
Guest ndash Mike G Tanner member of the Board of Governors running for President elections in March 4th circuit
Agenda
2020 Cycle Report
Amendments were published in July 2 comments received from Family Law Section and Jani Teresena As such these comments were reviewed as follows
Norberto Katz ndash Reviewed general comments from Family Law Section starting on PG 18 of the report and some pages 4-7 overlap with Coreyrsquos review
With regard to rule 12060 there may be a conflict between 12060 (c) and 47191 of the Florida Statutes regarding paying the costs of transferring the cases of forum non-convenience but that comment does not get to the actual rule as written
Mandatory Disclosure 12285 will be discussed by Corey also
On 12350 the comment was from the section as to Notice requiring specificity as to each document produced the comment is asking for additional language in the alternative to disclose identifying numbers on the notice Agreed
12491 is a proposed change to include the contact information of the court reporter and instructions of how to obtain recording if there is a recording of the hearing Agreed
12900(b) the section proposes to promote clarity there should a revision to state that you are serving the other party Agreed
12900(c) should also be revised to say that you are serving the other party Agreed
12900(h) form should be revised to check off the party who is complying with the form Non-IV D or IV D should also be specified and deleting traffic violations Comment about commas or semicolons and miscellaneous grammatical changes Types of proceedings to include IV-D Agreed
12902(b) and (c) clarification to expand on who is a domestic violence victim and what charges should remain confidential Agreed
Fred Pollack chimed in to advise that the rules of judicial administration committee would be meeting today to make confidential the criminal acts on the forms which affects 12902(b) and (c) GM Rebecca Hunt is on the committee and she was asked to bring back the results or comments from the meeting so that we can incorporate their suggestions Agreed
Norberto continued with 12902(e) child support guidelines worksheet seeking to include income for those making over $10k Agreed to make the inclusion with clarification
12902(f) marital settlement agreement simplify that there is no opposing party when filing jointly by parties by the parties filing are opposing parties which is confusing Norberto does not agree with the change and recommends it stays as is
12920(a) there are suggestions to list actions and changes to an instruction which provides more detail That is agreed to
12932 Certificate of Compliance to promote clarity it is suggested to include THE Agreed
12285 suggestion to modify all forms with any other changes to this form to keep consistency is agreed to
12975(a) grandparent visitation request to revise grammatical changes is agreed to Change to define the term missing and persistent vegetative state is not agreed to Language as to service from 752011 should be included regarding the courtrsquos holding of a preliminary hearing and that can be done after the courts review the case This recommendation is not agreed to
Striking 12975(a) from the form is agreed to Removal of birth and sex of the children as identifiers have been removed from other forms pursuant to 2425 and that is agreed to
Mikala ndash the first comment to discuss prior to continuing is addressing reformatting forms to Gender neutral This is being reviewed by a separate sub-committee Not near publishing even though it was approved at 1st reading We need to incorporate or leave forms the same
Corey moved to bypass the subcommittee as to the unaddressed aspect and put it to a vote of the full committee
Norberto makes a motion that we respond to comment by stating that we have already made the changes to our forms to make them Gender Neutral
Corey 2nd with a friendly amendment to indicate that we are going to expedite the process and put it into the 2020 cycle
Ashley 2nd the motion with the friendly amendment
In favor of the motion with the amendment
Favor ndash 23 ldquoall in favorrdquo to include gender neutral forms in the cycle Motion passed
Pg 18 of the agenda ndash General Comment ndash Norberto does not agree to provide address for efiling in the forms Norberto also suggests that the world SHOULD needs to be changed to REQUIRED
GM Rebecca Hunt ndash making one change will require the change on all forms Corey is also not in agreement to the change because of our limited resources Norberto agrees and withdraws his recommendation Corey moves to adopt the sectionrsquos recommendations and keep the word ldquoshouldrdquo Norbert 2nd the motion
Favor ndash 23 ldquoall in favorrdquo Motion passed
Guest ndash Dori Foster Morales ndash president elect
Pg 2 of the comments
ldquoA copy of the form must be filed electronically with the courtrdquo ndash should be removed and this was agreed Norbert moved the change to remove the word ldquoelectronicallyrdquo and approve the recommendation Ashley 2nd
Favor - 23 ldquoall in favorrdquo Motion passed
Ashley ndash Jurat is agreed to include in paragraph 1 and first sentence is acceptable but suggests further discussion
Norberto - requiring a jurat will raise issues because pro se parties will go to a notary who will act as an attorney and he does not want to push the people to go these people and some people do not have funds to pay for notary services There are other forms that are signed under oath without the need for a notary
Corey - we should adopt change pursuant to the language of the statute 92525 which includes a declaratory statement
Norbert ndash moves to adopt the language under statute 95525 in forms
Roberta Walton - forms already require notary signatures so not concerned with related costs and document preparers as suggested by Norberto since many clerks and notaries are offering the service for free
Raiza ndash supports that people are being guided to go to notaries by the clerks when they appear on their own to process the documents
GM Rebecca Hunt ndash what is the goal for the jurat Is it for identification or for oath purposes If it is to make sure that there is an oath then agree with recommendations made by Corey to add statute language
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
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FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Committee discussion was had The ADR Committee filed a late comment The Committee has to file a response to the ADR Committee by the due by February 17 2020
III OLD BUSINESS (Discussion andor Vote) Please have your calendar available to schedule the next subcommittee meeting when
your subcommittee report is given To review all FLRC subcommittees and the subcommittee list follow this link
A New Notary Law Presenter Evan Marks Report on Page 32 B Review of the Financial Affidavit Forms Presenter Cory Brandfon C Remote Testimony Presenter Magistrate Rebecca Hunt D SB 590 Timesharing Presenter Susan Giacoletto Subcommittee formed in June 2017 Last subcommittee meeting July 2018 Please see the subcommitteersquos webpage for more information E Email Designation for Pro Se Litigants Subcommittee Presenter Romona Chaplin
Materials Page 34 F Gender Neutral Forms Presenter Shayna Cavanaugh Subcommittee formed in June 2017 Last subcommittee meeting June 2019 Please see the subcommitteersquos webpage for more information G Petition to Establish Parentage Presenter Susan Giacoletto Subcommittee formed in January 2018 Subcommittee has never met Please see the subcommitteersquos webpage for more information H Rule 12410 (d)(2) Presenter Ashley Taylor Subcommittee formed in August 2018 Attempted subcommittee meeting on
October 1 2019 Please see the subcommitteersquos webpage for more information I 12351- and 5-days rules opinion Presenter Trisha Armstrong
Subcommittee formed at the June 2019 meeting Last meeting occurred October 2019
Please see the subcommitteersquos webpage for more information J 12911(d) and 12407 (Minor Child being subpoenaed) Presenter Ashley Taylor Subcommittee formed in July 2019 Last meeting occurred October 2019 Please see the subcommitteersquos webpage for more information K Parties Appearance Simplified Dissolution Presenter Latoya Shelton Williams Subcommittee formed in July 2019 Last meeting occurred September 2019
Please see the subcommitteersquos webpage for more information
L Childrenrsquos In camera testimony Presenter Michael Adriano Subcommittee formed in January 2020
Please see the subcommitteersquos webpage for more information M Disqualification of Magistrates and Hearing Officers Please see the subcommitteersquos webpage for more information
IV NEW BUSINESS
A Jodi Terracinarsquos Concern regarding 12285 Page 48
B Volunteers for a fast-track subcommittee
C Child Support Guidelines- Low income and high income
D Victim of Domestic Violence Confidential Address
E 2020 Legislation (Open Discussion)
V INFORMATIONAL A Supreme Court Update Presenter Chair Mary Lou Cuellar-Stilo
1 2020 Regular Cycle Report was filed 2 IWOIDO Amendments to 12996 (A) and 12996 (D) SC18-1908
Received opinion December 5 2019
3 Service amendment to 12080 was filed as a joint report on December 31 2019 in SC19-2163
B Family Law Section Report Presenter Mary Lou Cuellar-Stilo (Need a volunteer to be the FLRC Family Law Section Liaison) C Judicial Administration Rules Committee Liaison Report Presenter Rebecca Hunt D Joint Assignment from Court Preserving Challenge to Trial Courtrsquos Findings
VI ANNOUNCEMENTS
A List of Active Subcommittee Matters Page 40
B Next Meeting Dates Annual Meeting-June 17-20 2020 Hilton Orlando Bonnet Creek
Fall Meeting- October 7-10 2020 Tampa Airport Marriott
Meetings Oct 18 2019
Accepted the meeting agenda for today
1st Meeting called to Order at 837 am by Madame Chair Mary Lou Cuellar-Stilo
Brief announcements This is the 1st new meeting of this year if anyone is interested in a leadership role of this committee please let Mary Lou Cuellar-Stilo or Mikalla Davis know
If you are at the end of your term and interested for reupping for the next 3 years please make sure that you are proactive and reapply at the January application period
Introductions of parties present Mikalla Davis Mary Lou Cuellar-Stilo Norberto Katz Ashley Taylor Nadja Prias Cory Brandfon TJ Bryant Jeff Battista Joan Koch GM Rebecca Hunt Judge Fred Pollack
Start by addressing the minutes from the last meeting No comments Motion to approve the minutes by Ashley 2nd by Corey No oppositions Approved by acclamation
Move to approve agenda Norbert moved to approve the agenda and Corey 2nd No oppositions
Guest ndash Mike G Tanner member of the Board of Governors running for President elections in March 4th circuit
Agenda
2020 Cycle Report
Amendments were published in July 2 comments received from Family Law Section and Jani Teresena As such these comments were reviewed as follows
Norberto Katz ndash Reviewed general comments from Family Law Section starting on PG 18 of the report and some pages 4-7 overlap with Coreyrsquos review
With regard to rule 12060 there may be a conflict between 12060 (c) and 47191 of the Florida Statutes regarding paying the costs of transferring the cases of forum non-convenience but that comment does not get to the actual rule as written
Mandatory Disclosure 12285 will be discussed by Corey also
On 12350 the comment was from the section as to Notice requiring specificity as to each document produced the comment is asking for additional language in the alternative to disclose identifying numbers on the notice Agreed
12491 is a proposed change to include the contact information of the court reporter and instructions of how to obtain recording if there is a recording of the hearing Agreed
12900(b) the section proposes to promote clarity there should a revision to state that you are serving the other party Agreed
12900(c) should also be revised to say that you are serving the other party Agreed
12900(h) form should be revised to check off the party who is complying with the form Non-IV D or IV D should also be specified and deleting traffic violations Comment about commas or semicolons and miscellaneous grammatical changes Types of proceedings to include IV-D Agreed
12902(b) and (c) clarification to expand on who is a domestic violence victim and what charges should remain confidential Agreed
Fred Pollack chimed in to advise that the rules of judicial administration committee would be meeting today to make confidential the criminal acts on the forms which affects 12902(b) and (c) GM Rebecca Hunt is on the committee and she was asked to bring back the results or comments from the meeting so that we can incorporate their suggestions Agreed
Norberto continued with 12902(e) child support guidelines worksheet seeking to include income for those making over $10k Agreed to make the inclusion with clarification
12902(f) marital settlement agreement simplify that there is no opposing party when filing jointly by parties by the parties filing are opposing parties which is confusing Norberto does not agree with the change and recommends it stays as is
12920(a) there are suggestions to list actions and changes to an instruction which provides more detail That is agreed to
12932 Certificate of Compliance to promote clarity it is suggested to include THE Agreed
12285 suggestion to modify all forms with any other changes to this form to keep consistency is agreed to
12975(a) grandparent visitation request to revise grammatical changes is agreed to Change to define the term missing and persistent vegetative state is not agreed to Language as to service from 752011 should be included regarding the courtrsquos holding of a preliminary hearing and that can be done after the courts review the case This recommendation is not agreed to
Striking 12975(a) from the form is agreed to Removal of birth and sex of the children as identifiers have been removed from other forms pursuant to 2425 and that is agreed to
Mikala ndash the first comment to discuss prior to continuing is addressing reformatting forms to Gender neutral This is being reviewed by a separate sub-committee Not near publishing even though it was approved at 1st reading We need to incorporate or leave forms the same
Corey moved to bypass the subcommittee as to the unaddressed aspect and put it to a vote of the full committee
Norberto makes a motion that we respond to comment by stating that we have already made the changes to our forms to make them Gender Neutral
Corey 2nd with a friendly amendment to indicate that we are going to expedite the process and put it into the 2020 cycle
Ashley 2nd the motion with the friendly amendment
In favor of the motion with the amendment
Favor ndash 23 ldquoall in favorrdquo to include gender neutral forms in the cycle Motion passed
Pg 18 of the agenda ndash General Comment ndash Norberto does not agree to provide address for efiling in the forms Norberto also suggests that the world SHOULD needs to be changed to REQUIRED
GM Rebecca Hunt ndash making one change will require the change on all forms Corey is also not in agreement to the change because of our limited resources Norberto agrees and withdraws his recommendation Corey moves to adopt the sectionrsquos recommendations and keep the word ldquoshouldrdquo Norbert 2nd the motion
Favor ndash 23 ldquoall in favorrdquo Motion passed
Guest ndash Dori Foster Morales ndash president elect
Pg 2 of the comments
ldquoA copy of the form must be filed electronically with the courtrdquo ndash should be removed and this was agreed Norbert moved the change to remove the word ldquoelectronicallyrdquo and approve the recommendation Ashley 2nd
Favor - 23 ldquoall in favorrdquo Motion passed
Ashley ndash Jurat is agreed to include in paragraph 1 and first sentence is acceptable but suggests further discussion
Norberto - requiring a jurat will raise issues because pro se parties will go to a notary who will act as an attorney and he does not want to push the people to go these people and some people do not have funds to pay for notary services There are other forms that are signed under oath without the need for a notary
Corey - we should adopt change pursuant to the language of the statute 92525 which includes a declaratory statement
Norbert ndash moves to adopt the language under statute 95525 in forms
Roberta Walton - forms already require notary signatures so not concerned with related costs and document preparers as suggested by Norberto since many clerks and notaries are offering the service for free
Raiza ndash supports that people are being guided to go to notaries by the clerks when they appear on their own to process the documents
GM Rebecca Hunt ndash what is the goal for the jurat Is it for identification or for oath purposes If it is to make sure that there is an oath then agree with recommendations made by Corey to add statute language
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Subcommittee formed at the June 2019 meeting Last meeting occurred October 2019
Please see the subcommitteersquos webpage for more information J 12911(d) and 12407 (Minor Child being subpoenaed) Presenter Ashley Taylor Subcommittee formed in July 2019 Last meeting occurred October 2019 Please see the subcommitteersquos webpage for more information K Parties Appearance Simplified Dissolution Presenter Latoya Shelton Williams Subcommittee formed in July 2019 Last meeting occurred September 2019
Please see the subcommitteersquos webpage for more information
L Childrenrsquos In camera testimony Presenter Michael Adriano Subcommittee formed in January 2020
Please see the subcommitteersquos webpage for more information M Disqualification of Magistrates and Hearing Officers Please see the subcommitteersquos webpage for more information
IV NEW BUSINESS
A Jodi Terracinarsquos Concern regarding 12285 Page 48
B Volunteers for a fast-track subcommittee
C Child Support Guidelines- Low income and high income
D Victim of Domestic Violence Confidential Address
E 2020 Legislation (Open Discussion)
V INFORMATIONAL A Supreme Court Update Presenter Chair Mary Lou Cuellar-Stilo
1 2020 Regular Cycle Report was filed 2 IWOIDO Amendments to 12996 (A) and 12996 (D) SC18-1908
Received opinion December 5 2019
3 Service amendment to 12080 was filed as a joint report on December 31 2019 in SC19-2163
B Family Law Section Report Presenter Mary Lou Cuellar-Stilo (Need a volunteer to be the FLRC Family Law Section Liaison) C Judicial Administration Rules Committee Liaison Report Presenter Rebecca Hunt D Joint Assignment from Court Preserving Challenge to Trial Courtrsquos Findings
VI ANNOUNCEMENTS
A List of Active Subcommittee Matters Page 40
B Next Meeting Dates Annual Meeting-June 17-20 2020 Hilton Orlando Bonnet Creek
Fall Meeting- October 7-10 2020 Tampa Airport Marriott
Meetings Oct 18 2019
Accepted the meeting agenda for today
1st Meeting called to Order at 837 am by Madame Chair Mary Lou Cuellar-Stilo
Brief announcements This is the 1st new meeting of this year if anyone is interested in a leadership role of this committee please let Mary Lou Cuellar-Stilo or Mikalla Davis know
If you are at the end of your term and interested for reupping for the next 3 years please make sure that you are proactive and reapply at the January application period
Introductions of parties present Mikalla Davis Mary Lou Cuellar-Stilo Norberto Katz Ashley Taylor Nadja Prias Cory Brandfon TJ Bryant Jeff Battista Joan Koch GM Rebecca Hunt Judge Fred Pollack
Start by addressing the minutes from the last meeting No comments Motion to approve the minutes by Ashley 2nd by Corey No oppositions Approved by acclamation
Move to approve agenda Norbert moved to approve the agenda and Corey 2nd No oppositions
Guest ndash Mike G Tanner member of the Board of Governors running for President elections in March 4th circuit
Agenda
2020 Cycle Report
Amendments were published in July 2 comments received from Family Law Section and Jani Teresena As such these comments were reviewed as follows
Norberto Katz ndash Reviewed general comments from Family Law Section starting on PG 18 of the report and some pages 4-7 overlap with Coreyrsquos review
With regard to rule 12060 there may be a conflict between 12060 (c) and 47191 of the Florida Statutes regarding paying the costs of transferring the cases of forum non-convenience but that comment does not get to the actual rule as written
Mandatory Disclosure 12285 will be discussed by Corey also
On 12350 the comment was from the section as to Notice requiring specificity as to each document produced the comment is asking for additional language in the alternative to disclose identifying numbers on the notice Agreed
12491 is a proposed change to include the contact information of the court reporter and instructions of how to obtain recording if there is a recording of the hearing Agreed
12900(b) the section proposes to promote clarity there should a revision to state that you are serving the other party Agreed
12900(c) should also be revised to say that you are serving the other party Agreed
12900(h) form should be revised to check off the party who is complying with the form Non-IV D or IV D should also be specified and deleting traffic violations Comment about commas or semicolons and miscellaneous grammatical changes Types of proceedings to include IV-D Agreed
12902(b) and (c) clarification to expand on who is a domestic violence victim and what charges should remain confidential Agreed
Fred Pollack chimed in to advise that the rules of judicial administration committee would be meeting today to make confidential the criminal acts on the forms which affects 12902(b) and (c) GM Rebecca Hunt is on the committee and she was asked to bring back the results or comments from the meeting so that we can incorporate their suggestions Agreed
Norberto continued with 12902(e) child support guidelines worksheet seeking to include income for those making over $10k Agreed to make the inclusion with clarification
12902(f) marital settlement agreement simplify that there is no opposing party when filing jointly by parties by the parties filing are opposing parties which is confusing Norberto does not agree with the change and recommends it stays as is
12920(a) there are suggestions to list actions and changes to an instruction which provides more detail That is agreed to
12932 Certificate of Compliance to promote clarity it is suggested to include THE Agreed
12285 suggestion to modify all forms with any other changes to this form to keep consistency is agreed to
12975(a) grandparent visitation request to revise grammatical changes is agreed to Change to define the term missing and persistent vegetative state is not agreed to Language as to service from 752011 should be included regarding the courtrsquos holding of a preliminary hearing and that can be done after the courts review the case This recommendation is not agreed to
Striking 12975(a) from the form is agreed to Removal of birth and sex of the children as identifiers have been removed from other forms pursuant to 2425 and that is agreed to
Mikala ndash the first comment to discuss prior to continuing is addressing reformatting forms to Gender neutral This is being reviewed by a separate sub-committee Not near publishing even though it was approved at 1st reading We need to incorporate or leave forms the same
Corey moved to bypass the subcommittee as to the unaddressed aspect and put it to a vote of the full committee
Norberto makes a motion that we respond to comment by stating that we have already made the changes to our forms to make them Gender Neutral
Corey 2nd with a friendly amendment to indicate that we are going to expedite the process and put it into the 2020 cycle
Ashley 2nd the motion with the friendly amendment
In favor of the motion with the amendment
Favor ndash 23 ldquoall in favorrdquo to include gender neutral forms in the cycle Motion passed
Pg 18 of the agenda ndash General Comment ndash Norberto does not agree to provide address for efiling in the forms Norberto also suggests that the world SHOULD needs to be changed to REQUIRED
GM Rebecca Hunt ndash making one change will require the change on all forms Corey is also not in agreement to the change because of our limited resources Norberto agrees and withdraws his recommendation Corey moves to adopt the sectionrsquos recommendations and keep the word ldquoshouldrdquo Norbert 2nd the motion
Favor ndash 23 ldquoall in favorrdquo Motion passed
Guest ndash Dori Foster Morales ndash president elect
Pg 2 of the comments
ldquoA copy of the form must be filed electronically with the courtrdquo ndash should be removed and this was agreed Norbert moved the change to remove the word ldquoelectronicallyrdquo and approve the recommendation Ashley 2nd
Favor - 23 ldquoall in favorrdquo Motion passed
Ashley ndash Jurat is agreed to include in paragraph 1 and first sentence is acceptable but suggests further discussion
Norberto - requiring a jurat will raise issues because pro se parties will go to a notary who will act as an attorney and he does not want to push the people to go these people and some people do not have funds to pay for notary services There are other forms that are signed under oath without the need for a notary
Corey - we should adopt change pursuant to the language of the statute 92525 which includes a declaratory statement
Norbert ndash moves to adopt the language under statute 95525 in forms
Roberta Walton - forms already require notary signatures so not concerned with related costs and document preparers as suggested by Norberto since many clerks and notaries are offering the service for free
Raiza ndash supports that people are being guided to go to notaries by the clerks when they appear on their own to process the documents
GM Rebecca Hunt ndash what is the goal for the jurat Is it for identification or for oath purposes If it is to make sure that there is an oath then agree with recommendations made by Corey to add statute language
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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FLRC February 2020 Agenda Page 7
FLRC February 2020 Agenda Page 8
FLRC February 2020 Agenda Page 9
FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
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FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
B Family Law Section Report Presenter Mary Lou Cuellar-Stilo (Need a volunteer to be the FLRC Family Law Section Liaison) C Judicial Administration Rules Committee Liaison Report Presenter Rebecca Hunt D Joint Assignment from Court Preserving Challenge to Trial Courtrsquos Findings
VI ANNOUNCEMENTS
A List of Active Subcommittee Matters Page 40
B Next Meeting Dates Annual Meeting-June 17-20 2020 Hilton Orlando Bonnet Creek
Fall Meeting- October 7-10 2020 Tampa Airport Marriott
Meetings Oct 18 2019
Accepted the meeting agenda for today
1st Meeting called to Order at 837 am by Madame Chair Mary Lou Cuellar-Stilo
Brief announcements This is the 1st new meeting of this year if anyone is interested in a leadership role of this committee please let Mary Lou Cuellar-Stilo or Mikalla Davis know
If you are at the end of your term and interested for reupping for the next 3 years please make sure that you are proactive and reapply at the January application period
Introductions of parties present Mikalla Davis Mary Lou Cuellar-Stilo Norberto Katz Ashley Taylor Nadja Prias Cory Brandfon TJ Bryant Jeff Battista Joan Koch GM Rebecca Hunt Judge Fred Pollack
Start by addressing the minutes from the last meeting No comments Motion to approve the minutes by Ashley 2nd by Corey No oppositions Approved by acclamation
Move to approve agenda Norbert moved to approve the agenda and Corey 2nd No oppositions
Guest ndash Mike G Tanner member of the Board of Governors running for President elections in March 4th circuit
Agenda
2020 Cycle Report
Amendments were published in July 2 comments received from Family Law Section and Jani Teresena As such these comments were reviewed as follows
Norberto Katz ndash Reviewed general comments from Family Law Section starting on PG 18 of the report and some pages 4-7 overlap with Coreyrsquos review
With regard to rule 12060 there may be a conflict between 12060 (c) and 47191 of the Florida Statutes regarding paying the costs of transferring the cases of forum non-convenience but that comment does not get to the actual rule as written
Mandatory Disclosure 12285 will be discussed by Corey also
On 12350 the comment was from the section as to Notice requiring specificity as to each document produced the comment is asking for additional language in the alternative to disclose identifying numbers on the notice Agreed
12491 is a proposed change to include the contact information of the court reporter and instructions of how to obtain recording if there is a recording of the hearing Agreed
12900(b) the section proposes to promote clarity there should a revision to state that you are serving the other party Agreed
12900(c) should also be revised to say that you are serving the other party Agreed
12900(h) form should be revised to check off the party who is complying with the form Non-IV D or IV D should also be specified and deleting traffic violations Comment about commas or semicolons and miscellaneous grammatical changes Types of proceedings to include IV-D Agreed
12902(b) and (c) clarification to expand on who is a domestic violence victim and what charges should remain confidential Agreed
Fred Pollack chimed in to advise that the rules of judicial administration committee would be meeting today to make confidential the criminal acts on the forms which affects 12902(b) and (c) GM Rebecca Hunt is on the committee and she was asked to bring back the results or comments from the meeting so that we can incorporate their suggestions Agreed
Norberto continued with 12902(e) child support guidelines worksheet seeking to include income for those making over $10k Agreed to make the inclusion with clarification
12902(f) marital settlement agreement simplify that there is no opposing party when filing jointly by parties by the parties filing are opposing parties which is confusing Norberto does not agree with the change and recommends it stays as is
12920(a) there are suggestions to list actions and changes to an instruction which provides more detail That is agreed to
12932 Certificate of Compliance to promote clarity it is suggested to include THE Agreed
12285 suggestion to modify all forms with any other changes to this form to keep consistency is agreed to
12975(a) grandparent visitation request to revise grammatical changes is agreed to Change to define the term missing and persistent vegetative state is not agreed to Language as to service from 752011 should be included regarding the courtrsquos holding of a preliminary hearing and that can be done after the courts review the case This recommendation is not agreed to
Striking 12975(a) from the form is agreed to Removal of birth and sex of the children as identifiers have been removed from other forms pursuant to 2425 and that is agreed to
Mikala ndash the first comment to discuss prior to continuing is addressing reformatting forms to Gender neutral This is being reviewed by a separate sub-committee Not near publishing even though it was approved at 1st reading We need to incorporate or leave forms the same
Corey moved to bypass the subcommittee as to the unaddressed aspect and put it to a vote of the full committee
Norberto makes a motion that we respond to comment by stating that we have already made the changes to our forms to make them Gender Neutral
Corey 2nd with a friendly amendment to indicate that we are going to expedite the process and put it into the 2020 cycle
Ashley 2nd the motion with the friendly amendment
In favor of the motion with the amendment
Favor ndash 23 ldquoall in favorrdquo to include gender neutral forms in the cycle Motion passed
Pg 18 of the agenda ndash General Comment ndash Norberto does not agree to provide address for efiling in the forms Norberto also suggests that the world SHOULD needs to be changed to REQUIRED
GM Rebecca Hunt ndash making one change will require the change on all forms Corey is also not in agreement to the change because of our limited resources Norberto agrees and withdraws his recommendation Corey moves to adopt the sectionrsquos recommendations and keep the word ldquoshouldrdquo Norbert 2nd the motion
Favor ndash 23 ldquoall in favorrdquo Motion passed
Guest ndash Dori Foster Morales ndash president elect
Pg 2 of the comments
ldquoA copy of the form must be filed electronically with the courtrdquo ndash should be removed and this was agreed Norbert moved the change to remove the word ldquoelectronicallyrdquo and approve the recommendation Ashley 2nd
Favor - 23 ldquoall in favorrdquo Motion passed
Ashley ndash Jurat is agreed to include in paragraph 1 and first sentence is acceptable but suggests further discussion
Norberto - requiring a jurat will raise issues because pro se parties will go to a notary who will act as an attorney and he does not want to push the people to go these people and some people do not have funds to pay for notary services There are other forms that are signed under oath without the need for a notary
Corey - we should adopt change pursuant to the language of the statute 92525 which includes a declaratory statement
Norbert ndash moves to adopt the language under statute 95525 in forms
Roberta Walton - forms already require notary signatures so not concerned with related costs and document preparers as suggested by Norberto since many clerks and notaries are offering the service for free
Raiza ndash supports that people are being guided to go to notaries by the clerks when they appear on their own to process the documents
GM Rebecca Hunt ndash what is the goal for the jurat Is it for identification or for oath purposes If it is to make sure that there is an oath then agree with recommendations made by Corey to add statute language
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Meetings Oct 18 2019
Accepted the meeting agenda for today
1st Meeting called to Order at 837 am by Madame Chair Mary Lou Cuellar-Stilo
Brief announcements This is the 1st new meeting of this year if anyone is interested in a leadership role of this committee please let Mary Lou Cuellar-Stilo or Mikalla Davis know
If you are at the end of your term and interested for reupping for the next 3 years please make sure that you are proactive and reapply at the January application period
Introductions of parties present Mikalla Davis Mary Lou Cuellar-Stilo Norberto Katz Ashley Taylor Nadja Prias Cory Brandfon TJ Bryant Jeff Battista Joan Koch GM Rebecca Hunt Judge Fred Pollack
Start by addressing the minutes from the last meeting No comments Motion to approve the minutes by Ashley 2nd by Corey No oppositions Approved by acclamation
Move to approve agenda Norbert moved to approve the agenda and Corey 2nd No oppositions
Guest ndash Mike G Tanner member of the Board of Governors running for President elections in March 4th circuit
Agenda
2020 Cycle Report
Amendments were published in July 2 comments received from Family Law Section and Jani Teresena As such these comments were reviewed as follows
Norberto Katz ndash Reviewed general comments from Family Law Section starting on PG 18 of the report and some pages 4-7 overlap with Coreyrsquos review
With regard to rule 12060 there may be a conflict between 12060 (c) and 47191 of the Florida Statutes regarding paying the costs of transferring the cases of forum non-convenience but that comment does not get to the actual rule as written
Mandatory Disclosure 12285 will be discussed by Corey also
On 12350 the comment was from the section as to Notice requiring specificity as to each document produced the comment is asking for additional language in the alternative to disclose identifying numbers on the notice Agreed
12491 is a proposed change to include the contact information of the court reporter and instructions of how to obtain recording if there is a recording of the hearing Agreed
12900(b) the section proposes to promote clarity there should a revision to state that you are serving the other party Agreed
12900(c) should also be revised to say that you are serving the other party Agreed
12900(h) form should be revised to check off the party who is complying with the form Non-IV D or IV D should also be specified and deleting traffic violations Comment about commas or semicolons and miscellaneous grammatical changes Types of proceedings to include IV-D Agreed
12902(b) and (c) clarification to expand on who is a domestic violence victim and what charges should remain confidential Agreed
Fred Pollack chimed in to advise that the rules of judicial administration committee would be meeting today to make confidential the criminal acts on the forms which affects 12902(b) and (c) GM Rebecca Hunt is on the committee and she was asked to bring back the results or comments from the meeting so that we can incorporate their suggestions Agreed
Norberto continued with 12902(e) child support guidelines worksheet seeking to include income for those making over $10k Agreed to make the inclusion with clarification
12902(f) marital settlement agreement simplify that there is no opposing party when filing jointly by parties by the parties filing are opposing parties which is confusing Norberto does not agree with the change and recommends it stays as is
12920(a) there are suggestions to list actions and changes to an instruction which provides more detail That is agreed to
12932 Certificate of Compliance to promote clarity it is suggested to include THE Agreed
12285 suggestion to modify all forms with any other changes to this form to keep consistency is agreed to
12975(a) grandparent visitation request to revise grammatical changes is agreed to Change to define the term missing and persistent vegetative state is not agreed to Language as to service from 752011 should be included regarding the courtrsquos holding of a preliminary hearing and that can be done after the courts review the case This recommendation is not agreed to
Striking 12975(a) from the form is agreed to Removal of birth and sex of the children as identifiers have been removed from other forms pursuant to 2425 and that is agreed to
Mikala ndash the first comment to discuss prior to continuing is addressing reformatting forms to Gender neutral This is being reviewed by a separate sub-committee Not near publishing even though it was approved at 1st reading We need to incorporate or leave forms the same
Corey moved to bypass the subcommittee as to the unaddressed aspect and put it to a vote of the full committee
Norberto makes a motion that we respond to comment by stating that we have already made the changes to our forms to make them Gender Neutral
Corey 2nd with a friendly amendment to indicate that we are going to expedite the process and put it into the 2020 cycle
Ashley 2nd the motion with the friendly amendment
In favor of the motion with the amendment
Favor ndash 23 ldquoall in favorrdquo to include gender neutral forms in the cycle Motion passed
Pg 18 of the agenda ndash General Comment ndash Norberto does not agree to provide address for efiling in the forms Norberto also suggests that the world SHOULD needs to be changed to REQUIRED
GM Rebecca Hunt ndash making one change will require the change on all forms Corey is also not in agreement to the change because of our limited resources Norberto agrees and withdraws his recommendation Corey moves to adopt the sectionrsquos recommendations and keep the word ldquoshouldrdquo Norbert 2nd the motion
Favor ndash 23 ldquoall in favorrdquo Motion passed
Guest ndash Dori Foster Morales ndash president elect
Pg 2 of the comments
ldquoA copy of the form must be filed electronically with the courtrdquo ndash should be removed and this was agreed Norbert moved the change to remove the word ldquoelectronicallyrdquo and approve the recommendation Ashley 2nd
Favor - 23 ldquoall in favorrdquo Motion passed
Ashley ndash Jurat is agreed to include in paragraph 1 and first sentence is acceptable but suggests further discussion
Norberto - requiring a jurat will raise issues because pro se parties will go to a notary who will act as an attorney and he does not want to push the people to go these people and some people do not have funds to pay for notary services There are other forms that are signed under oath without the need for a notary
Corey - we should adopt change pursuant to the language of the statute 92525 which includes a declaratory statement
Norbert ndash moves to adopt the language under statute 95525 in forms
Roberta Walton - forms already require notary signatures so not concerned with related costs and document preparers as suggested by Norberto since many clerks and notaries are offering the service for free
Raiza ndash supports that people are being guided to go to notaries by the clerks when they appear on their own to process the documents
GM Rebecca Hunt ndash what is the goal for the jurat Is it for identification or for oath purposes If it is to make sure that there is an oath then agree with recommendations made by Corey to add statute language
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
12900(h) form should be revised to check off the party who is complying with the form Non-IV D or IV D should also be specified and deleting traffic violations Comment about commas or semicolons and miscellaneous grammatical changes Types of proceedings to include IV-D Agreed
12902(b) and (c) clarification to expand on who is a domestic violence victim and what charges should remain confidential Agreed
Fred Pollack chimed in to advise that the rules of judicial administration committee would be meeting today to make confidential the criminal acts on the forms which affects 12902(b) and (c) GM Rebecca Hunt is on the committee and she was asked to bring back the results or comments from the meeting so that we can incorporate their suggestions Agreed
Norberto continued with 12902(e) child support guidelines worksheet seeking to include income for those making over $10k Agreed to make the inclusion with clarification
12902(f) marital settlement agreement simplify that there is no opposing party when filing jointly by parties by the parties filing are opposing parties which is confusing Norberto does not agree with the change and recommends it stays as is
12920(a) there are suggestions to list actions and changes to an instruction which provides more detail That is agreed to
12932 Certificate of Compliance to promote clarity it is suggested to include THE Agreed
12285 suggestion to modify all forms with any other changes to this form to keep consistency is agreed to
12975(a) grandparent visitation request to revise grammatical changes is agreed to Change to define the term missing and persistent vegetative state is not agreed to Language as to service from 752011 should be included regarding the courtrsquos holding of a preliminary hearing and that can be done after the courts review the case This recommendation is not agreed to
Striking 12975(a) from the form is agreed to Removal of birth and sex of the children as identifiers have been removed from other forms pursuant to 2425 and that is agreed to
Mikala ndash the first comment to discuss prior to continuing is addressing reformatting forms to Gender neutral This is being reviewed by a separate sub-committee Not near publishing even though it was approved at 1st reading We need to incorporate or leave forms the same
Corey moved to bypass the subcommittee as to the unaddressed aspect and put it to a vote of the full committee
Norberto makes a motion that we respond to comment by stating that we have already made the changes to our forms to make them Gender Neutral
Corey 2nd with a friendly amendment to indicate that we are going to expedite the process and put it into the 2020 cycle
Ashley 2nd the motion with the friendly amendment
In favor of the motion with the amendment
Favor ndash 23 ldquoall in favorrdquo to include gender neutral forms in the cycle Motion passed
Pg 18 of the agenda ndash General Comment ndash Norberto does not agree to provide address for efiling in the forms Norberto also suggests that the world SHOULD needs to be changed to REQUIRED
GM Rebecca Hunt ndash making one change will require the change on all forms Corey is also not in agreement to the change because of our limited resources Norberto agrees and withdraws his recommendation Corey moves to adopt the sectionrsquos recommendations and keep the word ldquoshouldrdquo Norbert 2nd the motion
Favor ndash 23 ldquoall in favorrdquo Motion passed
Guest ndash Dori Foster Morales ndash president elect
Pg 2 of the comments
ldquoA copy of the form must be filed electronically with the courtrdquo ndash should be removed and this was agreed Norbert moved the change to remove the word ldquoelectronicallyrdquo and approve the recommendation Ashley 2nd
Favor - 23 ldquoall in favorrdquo Motion passed
Ashley ndash Jurat is agreed to include in paragraph 1 and first sentence is acceptable but suggests further discussion
Norberto - requiring a jurat will raise issues because pro se parties will go to a notary who will act as an attorney and he does not want to push the people to go these people and some people do not have funds to pay for notary services There are other forms that are signed under oath without the need for a notary
Corey - we should adopt change pursuant to the language of the statute 92525 which includes a declaratory statement
Norbert ndash moves to adopt the language under statute 95525 in forms
Roberta Walton - forms already require notary signatures so not concerned with related costs and document preparers as suggested by Norberto since many clerks and notaries are offering the service for free
Raiza ndash supports that people are being guided to go to notaries by the clerks when they appear on their own to process the documents
GM Rebecca Hunt ndash what is the goal for the jurat Is it for identification or for oath purposes If it is to make sure that there is an oath then agree with recommendations made by Corey to add statute language
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
FLRC February 2020 Agenda Page 6
FLRC February 2020 Agenda Page 7
FLRC February 2020 Agenda Page 8
FLRC February 2020 Agenda Page 9
FLRC February 2020 Agenda Page 10
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FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Favor ndash 23 ldquoall in favorrdquo to include gender neutral forms in the cycle Motion passed
Pg 18 of the agenda ndash General Comment ndash Norberto does not agree to provide address for efiling in the forms Norberto also suggests that the world SHOULD needs to be changed to REQUIRED
GM Rebecca Hunt ndash making one change will require the change on all forms Corey is also not in agreement to the change because of our limited resources Norberto agrees and withdraws his recommendation Corey moves to adopt the sectionrsquos recommendations and keep the word ldquoshouldrdquo Norbert 2nd the motion
Favor ndash 23 ldquoall in favorrdquo Motion passed
Guest ndash Dori Foster Morales ndash president elect
Pg 2 of the comments
ldquoA copy of the form must be filed electronically with the courtrdquo ndash should be removed and this was agreed Norbert moved the change to remove the word ldquoelectronicallyrdquo and approve the recommendation Ashley 2nd
Favor - 23 ldquoall in favorrdquo Motion passed
Ashley ndash Jurat is agreed to include in paragraph 1 and first sentence is acceptable but suggests further discussion
Norberto - requiring a jurat will raise issues because pro se parties will go to a notary who will act as an attorney and he does not want to push the people to go these people and some people do not have funds to pay for notary services There are other forms that are signed under oath without the need for a notary
Corey - we should adopt change pursuant to the language of the statute 92525 which includes a declaratory statement
Norbert ndash moves to adopt the language under statute 95525 in forms
Roberta Walton - forms already require notary signatures so not concerned with related costs and document preparers as suggested by Norberto since many clerks and notaries are offering the service for free
Raiza ndash supports that people are being guided to go to notaries by the clerks when they appear on their own to process the documents
GM Rebecca Hunt ndash what is the goal for the jurat Is it for identification or for oath purposes If it is to make sure that there is an oath then agree with recommendations made by Corey to add statute language
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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FLRC February 2020 Agenda Page 8
FLRC February 2020 Agenda Page 9
FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Mikalla Davis ndash the committee already recommended to remove the notary requirement The language ldquounder penalties of perjury which can include fines andor imprisonment I declare that I have read this document and that the facts stated in it are truerdquo The comment is that they do not like the removal of the notary with the language
Corey ndash 92505 prescribes multiple forms to verify and the signing of a declaration is consistent with that and we remove the notary requirement
Judge Fred Pollack ndash Reminded everyone that this issue has already been discussed as the goal is to make family law forms for self help to be completed by a kiosk and then efiled Requiring the notary throws back those developments Whether somebody committed a fraudulent signature then it will have to be brought before the court The language should include the statute language because that is the intentions
Norberto moved to remove the jurat and adopt the language in the statute - Corey 2nd
Favor ndash 18 Against - 4 motion passed
Guest ndash Renee Thomson ndash president elect candidate As a solo practitioner the bar can help small practices and has helped with a technology platform Also interested with helping practitioners expand their ldquoTrustbooksrdquo application for trust bookkeeping Proactive measure
Pg 4 of the comments ndash we are done with General Comments
Mikalla Davis - No comments on rule 12060
Corey - 12285 (e) (1)
Pg 20 of the materials Starting with 2 sectionrsquos comments is that they are too broad and requiring too many receipts Agreed that the change we recommended is too broad and ambiguous Recommends that the back up support should apply to assets debts and income It should be excluded as to expenses because it is burdensome to require every single receipt and invoice for expenses provided
Lisa Kleinberg ndash wants to know why it is needed in addition to mandatory disclosures
Judge Pollack ndash reminded everyone that pro se parties will not provide mandatory disclosures and only file affidavits Therefore it was requested that items listed in the financial affidavit are supported with back-up
Corey moved to adopt sectionrsquos suggestion and revise the language to indicate we only want back up support for assets liabilities and income listed in the financial affidavit must be produced Jeff Batista 2nd
Favor ndash 15 Against ndash 2 Abstain ndash 1 motion passed
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
12285(e) ndash grammatical changes as suggested are redundant Corey Brandfon moved to reject the comments and keep it with the language previously proposed by our committee
Jeffrey Batista ndash 2nd
Favor ndash 19 Motion passed
12285(e)15 ndash After review there is an inconsistency with 12285 (3) because people file premarital agreements which are required to be produced and therefore suggests there is a subcommittee made to look further into this issue
Judge Fred Pollack ndash asked that we only look into what is before us today
Corey ndash section e(15) ndash Rules committee had proposed that we include a declaration of non paternity or judgment of disestablishment of paternity Sectionrsquos comment is that or proposal did not fit in that section Corey disagrees Motion that we reject the sectionrsquos comments Ashley 2nd
Favor ndash 24 Against ndash 1 passes
12285 (g) ndash Sanctions Any document to be produced that is servedhellip when it was intended that it say any document to be produced that is NOT servedhellipMotion to accept the sectionrsquos comments and make it clear that we are addressing documents that have NOT been served Jeff Batista ndash 2nd
Favor ndash 20 in favor No against Motion passes
12285(c) ndash Moved to pull back the committeersquos proposal and wait on the subcommittee to decide whether to not require the filing of the financial affidavit
Bob Merlin ndash the concern about exposing peoplersquos financial information to the public The subcommittee wants to give people the opportunity to say we donrsquot want to file this information We discussed a few different ways to handle it but the goal is to make the financial affidavit confidential (probate and dependency information is considered confidential and we want to recommend that the financial affidavit is included)
Ariel Capuano - agrees that there is an issue with privacy and favors to keep it confidential with more clarification Corey will take it under advisement
Roberta Wilson ndash Agrees that there are issues with the pro se litigants not wanting to file their financial information and therefore holding back the process but in not providing their financials they are also not looking out for the best interest of the child when calculating the child support
Corey ndash chapter 61 only requires limited financial information and if anyone wants additional information to be filed then it can be done
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Judge Pollack ndash look only into what is before us Do we make the grammatical changes proposed by the section
Corey moves pulling back our own rule adding ldquoorifrdquo and agree to move forward subject to subcommitteersquos final findings towards a borader change that would allow those to agree not to file not to file Judge Pollack gives a friendly amendment that we decide whether we are removing the language and leaving it as it is now subject to whatever happens in the future Norberto Katz 2nd
Favor ndash 20 Abstain - 1 - Motion passed with friendly amendment
Pg 17 ndash Jodi Teresena wants something to require the parties to provide all statements for assets and liabilities for the date of filing of the Petition Norberto agrees with Corey that it is not necessary as parties have an ongoing obligation to file updated financials Corey moves to take no action on Ms Teresenarsquos comment 2nd by Norbert with a friendly amendment Corey accepts ldquoWe reviewed comment and require no further action on the commentrdquo
Favor 20 passed
Pg 7 of the Sectionrsquos comments ndash 12350 Nadja Prias
Section is requiring the filing of a Notice that specifies identifiers produced or that language from 2425 is adopted to simply state that the party is in compliance with the providing documents under rule 2425 Moved to include to say must include an accompanying notice in accordance with judicial rule 2425 under both (b) and (d) 2nd by Corey
Favor ndash 19 Motion passes
12491 Child Support Enforcement Orders
Section recommends that in addition to the court reporter information that how to obtain recorded information from a proceeding should be included in the orders Move to accept comments of the section Norberto 2nd
Favor ndash 17 1 Against Abstain 2 Motion passes
Visitor Alan Apte Circuit Judge from Orlando
12900(b) and 12900(c) - Section is suggesting is that for purposes of clarity and consistency under ldquowhat to do nextrdquo that the sentence reads the copy provided to the other party should be revised to say the copy you are serving Moved to adopt the sectionrsquos proposal Norberto 2nd
Favor ndash 20 Motion passed
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Norberto - Pg 8 of the Comments 12900 (h)
Moves to agree to the sectionrsquos proposal to add a line in front of the word Petitioner and Respondent Motion to accept that change 2nd by Michael Adriano
Favor ndash 19 Abstain ndash 1 Motion passed
Motion to state on the Child Support form that it states IV-D and Non-IV-D Judge Pollack suggests to remove IV-D and leave Child Support as it was before Norberto accepts modification 2nd by Jeff Batista
Favor ndash 20 in favor Motion passes
Pg 8 Use of Commas semi-colons in the list Norberto does not find it to be substantive and suggests the Body deal with it Mikalla agrees and says that the Chair can decide
Committee wanted to add traffic cases but the section does not Norberto moved to remove traffic cases from the notice of related cases as recommended Joan Koch 2nd the motion
Roberta Walton said it is to support the Unified Family Court orders but agrees that it should not be included
Favor ndash 22 motion passes
Section suggests we include ldquomodification and enforcementrdquo Norberto agrees with the suggestion and moves to make the change 2nd by Jeff Battista
Favor ndash 21 motion passes
IV-D the section correctly pointed out that a child support case is a IV-D case and suggests that it should say ldquoChild Support including IV-Drdquo Norberto moves to include IV-D 2nd by Jeff Battista
Favor ndash 21 motion passes
Paragraph 3 Notice of Related Cases A period is missing after ldquorequest the coordination of existing casesrdquo Norberto moves to adopt the recommendation and add a period 2nd by Corey
Favor ndash 21 motion passes
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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FLRC February 2020 Agenda Page 7
FLRC February 2020 Agenda Page 8
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FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
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FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Corey - 12902 (b) and (c) ndash Family Law Financial Forms
The section suggested that when applying for a confidential address that it not be limited to just victims of DV but also include victims of sexual battery aggravated child abuse stalking harassment or aggravated battery Disagrees with the comment because Domestic Violence is defined under 74128 and it includes all of the above and more Moves to reject the proposal to include a non-exhaustive list that it just say as defined in the statute Under 74128 Norberto ndash 2nd
Roberta Walton ndash looked in to the legislative intent and the narrative came down to read DV only Some hearing officers are precluding other type of victims and she agrees that it should be included
Judge Pollack ndash why are we adding the instructions to this form only when it is the same signature block on other forms that the litigant is filling out Either the same has to be changed in all instructions because the now the change is only being made in these 2 forms Corey agrees and requests to table it and revisit it to be made consistent across the forms
Friendly amendment to Coreyrsquos motion that we will explore revising the general instructions in the future to make all forms consistent Ashley 2nd
20 in favor motion passes
12902(e) Child Support Guidelines Worksheet ndash Section recommends also including calculations for those who have an income greater than $10k monthly consistent with section 6130(6)(a)(2) Motion to include the calculation as recommended 2nd by Norberto
Favor ndash 20 passes
Ashley ndash Pg 9 12902(f)(3) Marital Settlement Agreement for Simplified Dissolution of Marriage
Sectionrsquos comment is that there is no other party because they are filing jointly and that therefore the entire introduction of that form about serving other party should be stricken Ashley changed her recommendation because after speaking with Norberto and Corey she recommends rejecting the comment because a party at times does get served even if filing jointly so it is not necessary to strike the language Motion to reject the sectionrsquos comment and leave it as is 2nd by Jeff Battista ndash
Favor ndash 17 Oppose ndash 1 ndash Motion passes
12928 ndash Sectionrsquos first comment under ldquowhat should I do nextrsquo The Section says the current language is cumbersome and it should read ldquoYou must complete a separate cover sheet for each action if you are filing more than one type of proceeding such as a modification and enforcement proceeding against the same party at the same time
Norbert motions that we adopt the suggested language from the section ndash 2nd by Joan Koch
Favor - 18 passes
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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FLRC February 2020 Agenda Page 10
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FLRC February 2020 Agenda Page 12
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FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
12928 Section is saying that the list of type of cases that the Petition for Temporary or Concurrent custody by a Family member and Proceedings of emancipation by a minor child should be added to the list ndash Motion to adopt the suggestions from the section ndash 2nd by Norbert
Favor ndash 18 motion passes
12932 ndash We inadvertently struck 2 ldquotherdquo so it is not reading correctly Section recommends the correction Motion to adopt the corrections by the section 2nd Norbert
Favor 18 motion passes
12932 ndash Changes to the language in the instruction portion of the form re submission of financial documents Motion to reject the proposed changes by the section 2nd by Norbert
Favor 16 abstain 2
12932 ndash Additional changes to rule 12285 would require this form to be modified to be consistent with the changes We have not done anything in specific to trigger this so no recommendations No need to vote
12975(a) ndash Petition for Grandparent Visitation with minor children ndash The form has bullet points as to when the form should be used The section recommends adding a paragraph to revise the 4th bullet point to read ldquoIf only one of the minor childrenrsquos parents qualifies in one of these 3 paragraphs above the other parent must have been convicted of a felony or offense helliphelliprdquo
Ashley moves to adopt the sections as proposed 2nd Corey
Favor ndash 18 Motion passes
12975 section suggests that Missing and Persistent Vegetative state be defined Ashley recommends to define Missing in the instructions Norberto Kats makes motion to just say Missing as set forth in statute 752001 and reject the sectionrsquos comments to include the definition 2nd by Joan Koch
Favor ndash 15 Against ndash 2 Motion passes
Diligent Search internal inconsistency within the statute as to the Diligent Search and Notice But there is nothing really to make a decision on Norberto makes a motion that concerns were noted and that the legislator take this up at a subsequent meeting 2nd by Ashley
Favor ndash 16 Motion passes
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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FLRC February 2020 Agenda Page 7
FLRC February 2020 Agenda Page 8
FLRC February 2020 Agenda Page 9
FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
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FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Include language from the instructions in 752011 regarding courts holding preliminary hearings and appointment of GAL Ashley disagrees with this recommendation Norberto moves to reject the recommendation 2nd Jeff
Favor ndash 16 Motion passes
Section says that the form number references 12975(a) needs to be stricken from the title of the Form Norbert ndash Moved to adopt the recommendation 2nd Ashley
Favor ndash 16 Motion passes
Section recommends that in Paragraph 2 Place of Birth and Sex of the children be removed as they are identifiers that have been previously removed from other forms after the adoption of Rule 2425ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion Passes
Section recommends that Paragraph 8 be clarified since the ldquoORrdquo applies only when one parent is deceased missing or persistent vegetative state and the other parent is convicted of a felony The way it looks now would make you think you could just select any of the options and proceed ndash Ashley agrees and moves to adopt the recommendations 2nd Norbert
Favor ndash 16 Motion passes
Concludes 2020 cycle ndash 1242 pm
Mikalla Davis ndash Suggests that we have a Full committee phone call to discuss collaborative issues in the next couple weeks We will ask for an extension Robert Merlin is not on the line anyway Due in 20 days
We need a motion to table all remaining issues because we accepted the meeting agenda Norbert motions to table subsection 3 Magistrate Rules and Forms and subsections 4 the Collaborative form amendments in that the chair will schedule a telephonic call as to each of those matters and provide any reporting 2nd by Corey
All in favor
FLRC February 2020 Agenda Page 5
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FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
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RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
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FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 7
FLRC February 2020 Agenda Page 8
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FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
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FLRC February 2020 Agenda Page 14
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FLRC February 2020 Agenda Page 16
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FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 8
FLRC February 2020 Agenda Page 9
FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
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FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 9
FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 10
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 11
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 12
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 13
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 14
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 15
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 16
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 17
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 18
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 19
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
RULE 12530 MOTIONS FOR NEW TRIAL AND REHEARING AMENDMENTS OF JUDGMENTS
(a) Jury and Non-Jury Actions A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues On a motion for a rehearing of matters heard without a jury including summary judgments the court may open the judgment if one has been entered take additional testimony and enter a new judgment
(b) Time for Motion A motion for new trial or for rehearing must be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined
(c) Time for Serving Affidavits When a motion for a new trial or rehearing is based on affidavits the affidavits must be served with the motion The opposing party has 10 days after such service within which to serve opposing affidavits which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation The court may permit reply affidavits
(d) On Initiative of Court Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party
(e) When Motion Is Unnecessary Non-Jury Case When an action has been tried by the court without a jury the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection to it in the trial court or made a motion for rehearing for new trial or to alter or amend the judgment
A motion for rehearing is not required to preserve the trial courtrsquos failure to make statutory findings
(f) Hearing on Motion When any motion for rehearing or new trial is filed the court must initially make a determination if a hearing on the motion is required If a hearing is required the court must provide notice of the hearing on the motion for rehearing or new trial If the court determines that a hearing is not
FLRC February 2020 Agenda Page 20
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
required then the court must enter an order granting or denying the motion in accordance with this rule
(g) Order Granting to Specify Grounds All orders granting a new trial or rehearing must specify the specific grounds for it If such an order is appealed and does not state the specific grounds the appellate court must relinquish its jurisdiction to the trial court for entry of an order specifying the grounds for granting the new trial or a rehearing
(h) Motion to Alter or Amend a Judgment A motion to alter or amend the judgment must be served not later than 15 days after entry of the judgment except that this rule does not affect the remedies in rule 12540(b)
FLRC February 2020 Agenda Page 21
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
FLRC February 2020 Agenda Page 22
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
From Robert Koehler ltrobertkoehlerlivecomgt Sent Thursday June 27 2019 858 PM To Norberto Katz ltNKatzvelizkatzlawcomgt carolinesbcf-famlawcom hwilliamstwalawcom Subject Family law formsnew notary requirements
Good evening My organization Florida Notary Academy is one of 17 notary education providers approved by the Executive Office of the Governor Effective January 1 2020 the requirements for notarial certificates will change Until the Family Law forms are updated notaries will be required to manually insert the new language You can view the entire bill here but in summary all existing notary forms will need to be changed to the following
Please let me know if I can assist you in any way Sincerely Robert T Koehler Notary Public Educator Florida Notary Academy wwwnotaryacademyorg
FLRC February 2020 Agenda Page 23
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
From Ramona ChaplinTo Davis MikallaSubject Pro Se Email Designation CommitteeDate Friday October 04 2019 81936 AMAttachments noticeofoptoutpdf
Opt Inpdf
Hi Mikalla
The Pro Se Email Designation Committee met via telephone on September 26 Thefollowing details were discussed1 The tentative Opt-Out provision for email designation is not inconsistent or doesnot conflict with the Florida Rules of Judicial Administration or the local rules in the4th 6th or 13 Circuit2 Ive attached a sample template to opt-out of electronic filing that is currently usedin New York
--
Ramona Chaplin Esquire
Ramona S Chaplin PA
4040 Woodcock Drive Suite 232
Jacksonville Fl 32207
904-432-1221(office)
904-239-5569(fax)
INFORMATION ABOUT EMAIL We are happy to communicate with you via email Your messages are important tous While I try to check messages frequently throughout the day if a message requires immediate response or action pleasecall my office at 904-432-1221 between the hours of 830 am and 500 pm If you send your message after regular businesshours or on the weekend please be aware that I may not receive or respond to your message until normal business hours
NOTICE This electronic mail transmission may constitute a privileged attorney-client communication andor attorneywork product The information contained herein is intended only for the individual or entity named in this message It is notintended for transmission to or receipt by any unauthorized persons If you receive this electronic mail transmission in errorplease delete it from your system without copying it and notify the sender by reply e-mail or by calling 904-432-1221 sothat our address record can be corrected
Please note Florida has very broad public records laws Many written communications to orfrom The Florida Bar regarding Bar business may be considered public records which mustbe made available to anyone upon request Your e-mail communications may therefore besubject to public disclosure
FLRC February 2020 Agenda Page 24
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF -----------------------------------------------------------------x
PlaintiffPetitionerIndex No
- against -
DefendantRespondent-----------------------------------------------------------------x
NOTICE OF OPT-OUT FROM PARTICIPATIONIN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING
Attorneys or Authorized Representatives
Pursuant to CPLR sect 2111(b)(3) and Uniform Rule sect 2025-bb I hereby opt out of participation in electronicfiling in this mandatory e-filed case
I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this caseon behalf of my client because
[Place your initials in the space(s) provided and check all boxes that apply]
I lackG the necessary computer hardware
G a connection to the internet
G a scanner or other device by which documents may be converted to an electronic format
OR
I lack the knowledge regarding operation of computers andor scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm office or business who is subject to my direction possesses such knowledge
Dated (Signature)
(Name)
(Firm Name)
(Address)
(Phone)
This form must be signed All contact information must be provided including the address at which hard-copydocuments in this case should be served
This form must be filed with the clerk of the court where the action is pending and served on all parties 81915
FLRC February 2020 Agenda Page 25
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12915
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS (0618)
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 2516
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions pleadings and documents be filed electronically except in certain circumstances Self-represented litigants may file petitions or other pleadings or documents electronically however they are not required to do so If you choose to file your pleadings or other documents electronically you must do so in accordance with Florida Rule of Judicial Administration 2525 and you must follow the procedures of the judicial circuit in which you file The rules and procedures should be carefully read and followed
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances You must strictly comply with the format requirements set forth in the Rules of Judicial Administration If you elect to participate in electronic service which means serving or receiving pleadings by electronic mail (e-mail) or through the Florida Courts E-Filing Portal you must review Florida Rule of Judicial Administration 2516 You may find this rule at wwwflcourtsorg through the link to the Rules of Judicial Administration provided under either Family Law Forms Getting Started or Rules of
FLRC February 2020 Agenda Page 26
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Court in the A-Z Topical Index
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL HOWEVER THEY ARE NOT REQUIRED TO DO SO If a self-represented litigant elects to serve and receive documents by e-mail the procedures must always be followed once the initial election is made
To serve and receive documents by e-mail you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and you must provide your e-mail address on each form on which your signature appears Please CAREFULLY read the rules and instructions for Certificate of Service (General) Florida Supreme Court Approved Family Law Form 12914 Designation of Current Mailing and E-mail Address Florida Supreme Court Approved Family Law Form 12915 and Florida Rule of Judicial Administration 2516
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 12900(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
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUITIN AND FOR COUNTY FLORIDA
Case No Division
Petitioner
and
Respondent
DESIGNATION OF CURRENT MAILING AND E-MAIL ADDRESS
I full legal name _________________________________________ being sworn certify
FLRC February 2020 Agenda Page 27
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
that
MAILING ADDRESS
My current mailing address is
S t r e e t o r P o s t O f fi c e B o x _________________________________________________________
City ___________________________________ State _____________ Zip_____________
Telephone No _____________ Fax No ______________________
E-MAIL ADDRESS
Do not provide an e-mail address unless you choose to serve and receive all documents in the future only by e-mail If you are a self-represented litigant (appearing without an attorney) you are not required to serve or receive documents by electronic mail (e-mail) however once you designate an e-mail address that address will be the exclusive means of serving and receiving documents Once you choose to serve and receive documents by e-mail you cannot change your decision
I wish to designate the following e-mail address(es) for the purposes of serving and receiving documents
___________________________________________________________________________________
I understand that I must keep the clerkrsquos 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 clerkrsquos office
I certify that a copy of this document was _____ e-mailed _____ mailed _____ faxed and mailed
_____ hand-delivered to the person(s) listed below on date__________________________
Other party or hisher attorneyName _____________________________Address ____________________________City State Zip _______________________Fax Number _________________________Designated E-mail Address(es) _____________________________________________
_____________________________________________ Signature of Party
FLRC February 2020 Agenda Page 28
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
STATE OF FLORIDACOUNTY 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 HESHE MUST FILL IN THE BLANKS BELOW [fill in all blanks] This form was prepared for the choose only one _____ Petitioner _____ RespondentThis form was completed with the assistance of n a m e o f i n d i v i d u a l ______________________________________________________________ n a m e o f b u s i n e s s _______________________________________________________________street ______________________________________________ city state __ zip code______telephone number____
FLRC February 2020 Agenda Page 29
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
1
1-30-2019
Family Law Rules Committee
Chair Mary Lou Cuellar-Stilo
Vice Chair Ashley Taylor
Vice Chair Cory Brandfon
Vice Chair Norberto Katz
Secretary Nadja Prias
Parliamentarian Susan Giacoletto
Active Subcommittee List
Coordinate with Civil Procedure Rules Committee amp OSCA re Forms in ePortal
Ashley Taylor Chaircoordinator
Ramona Chaplin OSCA Liaison
Judge Ariana Fajardo Orshan CPRC Liaison
SB590 Timesharing
Susan Giacoletto Chair
Frederick Pollack Ad-Hoc
Gina Perez-Calhoun
Harriet Williams
Roberta Walton
(Mary Lou Cuellar-Stilo)
Arielle Capuano
(Maria Obradavich)
Mark Sawicki
Latoya Shelton
Antonio Jimenez
Magistrate Keith (Liaison)
Email Designation for Pro Se Litigants
Ramona Chaplin Chair
Renee Harris
Ashley Taylor
Frederick Pollack Adhoc
Gina Perez-Calhoun
Latoya Williams
Charis Campbell
Jacqueline Gollay
Judge Fajardo Orshan
FLRC February 2020 Agenda Page 30
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
2
Gender Neutral Forms
Shayna Cavanaugh Chair
Jack Moring
Gordon Murray
Renee Harris
Cory Brandfon
Roberta Walton
Evan Marks
Rosemarie Roth
Review of the Financial Affidavit Forms
Cory Brandfon Chair
Nancy Harris Adhoc Vice Chair
Susan Giacoletto
Tania Schmidt-Alpers
Ladasiah Ford
Romana Chaplin
Norberto Katz
Renee Harris
Trisha Armstrong
Raisa Romaelle
Antonio Jimenez
Robert Merlin
(Maria Obradovich)
Frederick Pollack Adhoc
Petition to Establish Parentage Subcommittee
Susan Giacoletto Chair
Renee Harris
Roberta Walton
Arielle Capuano
Maria Obradovich
Amendment to 12410(d)(2)
Ashley Taylor Chair
Michael Adriano
Raisa Romaelle
Caroline Black Sikorske
Nadja Prias
FLRC February 2020 Agenda Page 31
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
3
Notary New Law
Evan Marks Chair
Susan Keith (Liaison)
Michael Adriano
TJ Bryant
Francesca Corallo
12351 and 5 days rules opinion
Trisha Armstrong Chair
Cory Brandfon
TJ Bryant
Arielle Capuano
Latoya Shelton Williams
Evan Marks
Michel Adriano
12911(d) and 12407
Ashley Taylor Chair
Mark Sawicki
Michael Adriano
Parties Appearance Simplified dissolution
Latoya Shelton Williams Chair
Jeff Battista
Michael Andriano
Gary Bryant
Victoria Snell
Evan Marks
Linda Clark
Antonio Jimenez
Childrenrsquos In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
Helen Torres
PENDING CASES
FLRC February 2020 Agenda Page 32
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
4
Out of cycle
12996 (d) addendum to income withholding order
Judge Ariana Fajardo Orshan Chair
Matt Capstraw Ad hoc
Elizabeth Tener
Harriet Williams
Judge Frederick Pollack Ad hoc
Remote Testimony
Magistrate Rebecca Hunt chair
Cory Brandfon
Lisa Kleinberg
(Magistrate Mary Lou Cuellar-Stilo)
Judge Fajardo-Orshan
Jack Moring
Subcommittee Regarding Notice of Hearing in EnforcementContempt matters
(Mary Lou Cuellar-Stilo Chair)
Rebecca Hunt Chair
Jack Moring
Mary Lou Wagstaff
Roberta Walton
Rebecca Hunt
Susan Giacolleto
Raisa Romaelle
Harriet Williams
Caroline Sikorske
Matthew Capstraw (adhoc)
Susan Keith (adhoc)
Service 2516
Rebecca Hunt Chair
Mary Lou Cuellar-Stilo
Latoya Williams
Michael Adriano
Roberta Walton
In camera testimony
Michael Andriano Chair
Judge Pollack Adhoc
Victoria Snell
Raisa Romaelle
FLRC February 2020 Agenda Page 33
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
5
Helen Torres
Disqualifications of Magistrates and Child Support Hearing Officers
Latoya Williams
Joan Koch
Jeff Rynor
Victoria Snell
Norberto Katz
Forms Pending in Case SC19-1032
Collaborative Law (SC16-1685)
Robert Merlin Chair
Caroline Black Sikorske
Rosemarie Roth
(Mary Lou Cuellar-Stilo)
Evan Marks
Matthew Capstraw Adhoc
Fraser Himes Adhoc
Judge Kim Vance Adhoc
Enid Miller Ponn Adhoc
Ellen Ware Adhoc
Cole Jeffries Adhoc
Judge Laurel Lee Adhoc
2020 Cycle Report
Review of HB149 Rights of Grandparents amp HB 437 Protect Children w Special Needs
Judge Elizabeth Blackburn Co-Chair
Fred Pollack Co-Chair
Karen Johnson
Gina Perez-Calhoun
Michelle Brinner
Mary Lou Wagstaff
Bob Merlin
Renee Harris
Tania Schmidt-Alpers
Harriet Williams
Tyrone Watson
Affidavit of Diligent Search
Joyce Conway Chair
Mary Lou Wagstaff
Harriet Williams
FLRC February 2020 Agenda Page 34
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
6
Unified Family Court rules
Harriet Williams Co-chair
Jack Moring Co-chair
Ladasiah Ford
Robert Merlin
Fred Pollack
Maria Obradovich
Beth Tener
Gina Perez-Calhoun
Judge Ariana Fajardo Orshan
Roberta Walton
Review instructions in Forms for clarity amp accuracy
Rosemarie Roth Chair
Maria Obradovich
Frederick Pollack
Jennifer Ficarrotta ad hoc
Jack Moring
Susan Giacoletto
Astrid Bismarck
Nancy Harris
Rule 12060 Subcommittee
Jack Moring Chair
Matt Capstraw
Roberta Walton
Ladasiah Ford
Renee Harris
Mary Lou Wagstaff
Fredrick Pollack
Mandatory Disclosure (review of rule 12285)
Rule 12285(a)(3)(C) ndash correct cross reference to Rule 1280(g) [not (f)]
Jack Moring Chair
Michelle Brinner
Ramona Chaplin
Jennifer Ficarrotta
Terry Fogel (ad hoc)
Ladasiah Ford
Renee Safier Harris
Karen Johnson
Brian KarpfF
Evan Marks
Fred Pollack
Trisha Armstrong
FLRC February 2020 Agenda Page 35
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
7
No action cases
Supreme Court Workgroup Military
Mary Lou Cuellar-Stilo chair
Michael Adriano adhoc
Latoya Williams
Review of Forms SC
Ashley Taylor Chair
Raisa Romaelle
Latoya Williams
Mark Sawicki
13th Judicial Circuit Professionalism
Roberta Walton chair
Charis Campbell
Raisa Romaelle
Mediation Changes
Robert Merlin Chair
Latoya Shelton Williams
Arielle Capuano
Michael Adriano
Raisa Romaelle
Review of Self Help Forms 5th Circuit
Nadja Prias Chair
Rosemarie Roth
Michael Adriano
Matt Capstraw
RJA Electronic Documents
Raisa Romaelle Chair
Judge Arianna Fajardo-Orshan
Tania Schmidt-Alpers
Trisha Armstrong
Charis Campbell
(Maria Obradovich)
Michael Andriano
Latoya Williams
Ashley Taylor
FLRC February 2020 Agenda Page 36
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
8
Review 3rd Circuit Local Forms Administrative Order
Norberto Katz Chair
Latoya Williams
Ashley Taylor
Nadja Prias
For 2023 Cycle Report
Fox Rehearing
Trisha Armstrong Chair
Jack Mooring
Antonio Jimenez
Michael Adriano
Latoya Williams
Ladiasiah Ford
Raisa Romaelle
Rosemarie Roth
FLRC February 2020 Agenda Page 37
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
-----Original Message-----From Cuellar-StiloMary Lou [mailtocuellamlfljud13org]Sent Wednesday July 03 2019 921 AMTo Jodi Terracina ltjodiocalafamilylawcomgtSubject RE revisions to Rule 12285 Florida Family Law Rules of Procedure
Dear Ms Terracina
Thank you so much for forwarding your comments The comments will be reviewed and addressed by thecommittee
Kind regards
Mary Lou Cuellar-StiloGeneral MagistrateFamily Law Division800 E Twiggs Street Room 404Tampa FL 33602Stilomlfljud13org
Mary Lou Cuellar-StiloGeneral Magistrate800 E Twiggs StEdgecomb 404Tampa FL 33602P (813) 272-5351F (813) 301-3749
wwwfljud13org
-----Original Message-----From Jodi Terracina [mailtojodiocalafamilylawcom]Sent Tuesday July 2 2019 1050 AMTo Cuellar-StiloMary Lou ltcuellamlfljud13orggt mdavisfloridabarorgSubject revisions to Rule 12285 Florida Family Law Rules of Procedure
FLRC February 2020 Agenda Page 39
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
YOUR EMAIL IS IMPORTANT TO US HOWEVER DUE TO THE HEAVY VOLUME OF EMAILSRECEIVED BY THIS OFFICE ON A DAILY BASIS IT MAY TAKE 24 TO 48 HOURS TO RESPOND TOYOUR EMAIL MESSAGE IF YOU HAVE AN URGENT MATTER PLEASE CALL OUR OFFICE
The information in this E-mail message and any files transmitted with it is confidential and may be legallyprivileged It is intended only for the use of the individual(s) named above If you are the intended recipient beaware that your use of any confidential or personal information may be restricted by state and federal privacy lawsIf you the reader of this message are not the intended recipient you are hereby notified that you should not furtherdisseminate distribute or forward this E-mail messageIf you have received this E-mail in error please notify the sender and delete the material from any computer Thankyou
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
EXTERNAL This email originated from outside of the 13th Judicial Do not click any links or open anyattachments unless you trust the sender and know the content is safe
________________________________Please note Florida has very broad public records laws Many written communications to or from The Florida Barregarding Bar business may be considered public records which must be made available to anyone upon request
FLRC February 2020 Agenda Page 40
Dear Judge Cuellar-Stilo and Ms Davis
I am so happy to see the proposed revisions to Rule 12285 Florida Family Law Rules of Procedure and as aparalegal that has worked in family law for a long time I think the revisions will be very helpful
The only thing I did not see perhaps I missed it is something that would require the parties in a dissolution ofmarriage proceeding to provide all statements for assets and liabilities for the date of the filing of the petition fordissolution of marriage For the Respondent that is not usually an issue because by the time they are served andprepare their response their mandatory disclosure would likely cover the filing date but when the petitioner filesthey often do not have the most recent statements that cover the date of filing It would seem like a no brainer thatthese should be provided but we very often find ourselves having to ask for them (beg for them) If they are part ofthe required mandatory disclosure in dissolution of marriage matters that would be much better for all parties Thedate of filing is most often the date the Court uses to determine the values for equitable distribution purposes
Sincerely
Jodi Terracina FRPOffice ManagerParalegal to Anne E Raduns EsquireAnne E Raduns PA221 NW 4th StreetOcala Florida 34475352-840-9660 (phone)
I am not an attorney and cannot provide legal advice Nothing in this information is intended to be nor should it beconsidered legal advice
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FLRC February 2020 Agenda Page 40