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In re Amendments to Florida Supreme Court Approved Family Law Forms-12.980(b)(1)

Supreme Court of Florida

June 21, 2018

IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS-12.980(b)(1).

          Original Proceeding - Florida Supreme Court Approved Family Law Forms

          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 form 12.980(b)(1) (Order Setting Hearing on Petition for Injunction for Protection Against Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, Stalking Without Issuance of an Interim Temporary Injunction) 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 12.980(b)(1) as follows.[2]

         We replace language in form 12.980(b)(1) regarding recording and transcription of proceedings with language indicating that proceedings concerning domestic violence or stalking must be recorded by the presiding court and can be transcribed at the parties' expense. The new language also indicates that the presiding court is not required to record or transcribe other types of proceedings set for hearing by the form, but that the parties may arrange to have such proceedings recorded or transcribed at their expense. These amendments clarify a presiding court's obligation to record domestic violence and stalking proceedings pursuant, respectively, to sections 741.30(6)(h) and 784.0485(6)(f), Florida Statutes (2017).

         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 Court's 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.[3]

         It is so ordered.

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

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

         APPENDIX

         ORDER SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST () DOMESTIC VIOLENCE () REPEAT VIOLENCE () DATING VIOLENCE () SEXUAL VIOLENCE () STALKING WITHOUT ISSUANCE OF AN INTERIM TEMPORARY INJUNCTION

         A Petition for Injunction for Protection Against: Domestic Violence filed under section 741.30, Florida Statutes; Repeat, Dating, or Sexual Violence filed under section 784.046, Florida Statutes; or Stalking filed under section 784.0485, Florida Statutes, has been reviewed. This Court has jurisdiction of the parties and of the subject matter. Upon review of the Petition, this Court concludes that a Temporary Injunction for Protection Against Domestic Violence; Repeat, Dating, or Sexual Violence; or Stalking, pending the hearing scheduled below, NOT be entered at this time but that an injunction may be entered after the hearing, depending on the findings made by the Court at that time.

         FINDINGS:

         The Court finds that based upon the facts, as stated in the Petition alone and without a hearing on the matter, there is no appearance of an immediate and present danger of domestic violence; repeat, dating or sexual violence, or stalking, or that stalking exists. Therefore, there is not a sufficient factual basis upon which the court can enter a Temporary Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, prior to a hearing. A hearing is scheduled on the Petition for Injunction for Protection Against Domestic, Repeat, Dating, or Sexual Violence, or Stalking, in Section II of this Order. Petitioner may amend or supplement the Petition at any time to state further reasons why a Temporary Injunction should be ordered which would be in effect until the hearing scheduled below.

         NOTICE ...


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