In Re: Amendments to the Florida Supreme Court Approved Family Law Forms-12.961.

Supreme Court of Florida
____________

No. SC18-984
____________

IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT
APPROVED FAMILY LAW FORMS—12.961.

September 27, 2018

PER CURIAM.

Pursuant to the procedures approved in Amendments to the Florida Family

Law Rules of Procedure & Family Law Forms, 810 So. 2d 1, 13-14 (Fla. 2000),

this Court has internally reviewed the Florida Supreme Court Approved Family

Law Forms and has decided that amendments to an existing form are needed. See

Fla. R. Jud. Admin. 2.140(d). Input was received from the Advisory Workgroup

on the Florida Supreme Court Approved Family Law Forms, which provided

valuable assistance. We have jurisdiction,1 and amend form 12.961 (Notice of

Hearing on Motion for Contempt/Enforcement in Support Matters) as follows.

First, in the first paragraph of the instructions to form 12.961, we replace

1. See art. V, § 2(a), Fla. Const.
“should” with “must” to more accurately reflect a party’s obligation to coordinate

with the presiding judge or hearing officer and the opposing party to set a date and

time for a hearing using this form. Next, we amend the language in the

instructions to the form regarding service of process, following the Fourth District

Court of Appeal’s opinion in Department of Revenue ex rel. Baker v. Baker, 232

So. 3d 1045 (Fla. 4th DCA 2017). We remove language from the instructions

requiring that the notice of hearing be personally served on the alleged contemnor,

and indicate that service by mail is allowed. We retain language advising litigants

that in some circumstances a court may not consider service by mail to be

adequate.

The amended form is hereby adopted as set forth in the appendix to this

opinion, fully engrossed. The amendments to the form shall become effective

immediately upon the release of this opinion and may be accessed and downloaded

from the Florida State Courts’ website at http://www.flcourts.org/resources-and-

services/court-improvement/family-courts/family-law-forms.stml. By adoption of

the amended form, we express no opinion as to its correctness or applicability. We

also direct that the amended form be published for comment. Interested persons

shall have sixty days from the date of this opinion to file comments with the

Court.2

2. All comments must be filed with the Court on or before November 26,
-2-
 It is so ordered.

CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA,
and LAWSON, JJ., concur.

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

Original Proceeding – Florida Supreme Court Approved Family Law Forms

2018, as well as a separate request for oral argument if the person filing the
comment wishes to participate in oral argument, which may be scheduled in this
case. If filed by an attorney in good standing with The Florida Bar, the comment
must be electronically filed via the Florida Courts E-Filing Portal (Portal) in
accordance with In re Electronic Filing in the Supreme Court of Florida via the
Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18,
2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the
comment may be, but is not required to be, filed via the Portal. Comments filed
via the Portal must be submitted in Microsoft Word 97 or higher. See In re
Electronic Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-
27 (May 9, 2017). Any person unable to submit a comment electronically must
mail or hand-deliver the originally signed comment to the Florida Supreme Court,
Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no
additional copies are required or will be accepted.

-3-
 APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW
FORM 12.961
NOTICE OF HEARING ON MOTION FOR CONTEMPT/ENFORCEMENT
IN SUPPORT MATTERS (RULE 12.615)
(09/18)
When should this form be used?

Use this form anytime you have set a hearing on a Motion for Contempt/Enforcement, Florida Supreme
Court Approved Family Law Form 12.960, for a support matter under rule 12.615, Florida Family Law Rules
of Procedure. Before you fill out this form, you must coordinate a hearing time and date with the judge
or hearing officer and the other party. If the Department of Revenue is a party to the case, you may need
to schedule your hearing time with the attorney for the Department of Revenue.

If your case is to be heard by a child support enforcement hearing officer, the following information
applies: A child support enforcement hearing officer is an attorney who has been appointed by
administrative order of the court to take testimony and recommend decisions in cases involving the
establishment, enforcement, and/or modification of child support, and the enforcement of alimony in
conjunction with an ongoing child support arrearage order. If your case only involves issues pertaining to
child support, you cannot object to the referral of your case to a hearing officer. If your case is going to
be heard by a general magistrate, you should use Notice of Hearing Before General Magistrate, Florida
Family Law Rules of Procedure Form 12.920(c).

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 was filed and keep a copy for your records.

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 2.525, and you must follow the procedures of the judicial circuit in which you file.
The rules and procedures should be carefully read and followed.

What should I do next?

Instructions for Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for
Contempt/Enforcement (09/18)
A copy of a Motion and Notice of Hearing must be served in compliance with Florida Family Law Rule of
Procedure 12.615 and Florida Rule of Judicial Administration 2.516. The Motion and Notice of Hearing
may be served by mail if reasonably calculated to apprise the other party of the pendency of the
proceeding. Please note that if notice is mailed, the court in certain circumstances may not consider
mailing to be adequate notice. You may also serve the Motion and Notice of Hearing by hand delivery or
personal service, or by e-mail if the other party has designated an e-mail address. This is a technical area
of the law; if you have any questions about it, you should consult a lawyer. For more information on
personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law
Rules of Procedure Form 12.910(a).

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 2.516. You may find this rule at www.flcourts.org or 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
12.915, 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 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme
Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. For further information, see rules 12.615 and 12.941, Florida Family Law Rules
of Procedure.
Special notes

An attorney who has been appointed by the court to serve as a child support enforcement hearing officer
can also be appointed to serve as a general magistrate. If your case involves only child support issues,

Instructions for Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for
Contempt/Enforcement (09/18)
your case properly may be referred to a general magistrate acting as a child support enforcement hearing
officer.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these
forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of
Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also
must put his or her name, address, and telephone number on the bottom of the last page of every form
he or she helps you complete.

Instructions for Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for
Contempt/Enforcement (09/18)
 IN THE CIRCUIT COURT OF THE ____________________ JUDICIAL CIRCUIT,
IN AND FOR ____________________ COUNTY, FLORIDA

Case No.: __________________________
Division: ___________________________

______________________________________,
Petitioner,

and

______________________________________,
Respondent.

NOTICE OF HEARING ON MOTION FOR
CONTEMPT/ENFORCEMENT IN SUPPORT MATTERS
(RULE 12.615)

TO: {name of other party} _____________________________________________________________

There will be a hearing before ________________________________ {name of judge or hearing officer},
on {date}_____________________, at {time} _______ m., in room ________ of the
_______________________Courthouse, on the _____ Petitioner's _____ Respondent's Motion for
Contempt/Enforcement in Support Matters. ____hour(s)/____ minutes have been reserved for this
hearing.

FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY
ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS
BEFORE A HEARING IS HELD.

You are strongly urged to prepare and file a Florida Family Law Rules of Procedure Financial Affidavit,
prior to the hearing, as your ability to pay is a critical issue in this contempt proceeding.

You will be provided an opportunity at the hearing to respond to allegations and questions about your
present financial status.

This part is to be filled out by the court or to be filled in with information obtained from the court:

Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for
Contempt/Enforcement (09/18)
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact:
__________________________________________________________________
{identify applicable court personnel by name, address, and telephone number }
at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.

YOU ARE ADVISED THAT FOR THIS HEARING
a. _____ Electronic recording is provided by the court. A party may provide a court reporter at
that party’s expense.
b. _____ A court reporter is provided by the court.

c. _____ No electronic recording is provided by the court and the court does not provide a court
reporter. A party may provide a court reporter at that party’s expense.

If you are represented by an attorney or plan to retain an attorney for this matter, you should notify the
attorney of this hearing.
If this matter is resolved, the moving party shall contact the judge or hearing officer’s office to cancel this
hearing.
I certify that a copy of this document was _____ mailed _____ faxed and mailed _____ e-mailed
_____hand delivered to the person(s) listed below on {date} ______________.

Other party or his/her attorney:
Name: ______________________________________
Address: ____________________________________
City, State, Zip: _______________________________
Fax Number: _________________________________
Designated E-mail Address(es):___________________
____________________________________________
___________________________________
Signature of Party
Printed Name: ______________________
Address: ___________________________
City, State, Zip: ______________________
___________________________________
Telephone Number: __________________
Fax Number: ________________________

Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for
Contempt/Enforcement (09/18)
 Designated E-mail Address(es);__________
___________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} _____Petitioner ____ Respondent.
This form was completed with the assistance of:
{name of individual} ___________________________________________________________________,
{name of business}_____________________________________________________________________,
{address}_____________________________________________________________________________,
{city} ______________, {state} ____, {zip code}__________, {telephone number} ___________________.

Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for
Contempt/Enforcement (09/18)