In re Amendments to Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms

Summary

The Florida Supreme Court adopts, with modifications, amendments to the Florida Rules of Juvenile Procedure, Florida Family Law Rules of Procedure, and specified Florida Supreme Court Approved Family Law Forms. The amendments authorize broader use of remote and hybrid proceedings in delinquency, dependency, and family-law matters, address communication technology, testimony, mediation, and service by email, and take effect October 1, 2022. The opinion is issued per curiam in response to a petition concerning permanent authorization for remote proceedings.

Holdings

1. The Court adopted, with modifications, amendments to the Florida Rules of Juvenile Procedure authorizing remote and hybrid proceedings in specified circumstances, while generally requiring evidentiary proceedings to be conducted in person unless the parties agree or the court finds good cause.
2. Under amended rules 8.100 and 8.255, evidentiary proceedings must be conducted in person unless the parties agree to a remote or hybrid format or the court orders one for good cause; other proceedings may be conducted remotely or in hybrid format by agreement or court order, and participating parties must have an opportunity to communicate privately and confidentially with counsel.
3. The Court declined to adopt proposed Florida Family Law Rule of Procedure 12.026 and instead required remote family-law proceedings to be governed by Florida Rule of General Practice and Judicial Administration 2.530.
4. The Court adopted modified amendments to specified Florida Family Law Rules of Procedure and adopted amended Florida Supreme Court Approved Family Law Forms 12.980(a), (f), (n), (q), and (t).
5. The amended rules and forms became effective October 1, 2022, at 12:01 a.m.

Questions Presented

1. Whether the Court should adopt amendments providing permanent and broader authorization for remote or hybrid proceedings under the Florida Rules of Juvenile Procedure.
2. Whether the Court should amend the Florida Family Law Rules of Procedure to address communication technology, remote testimony, depositions, jury participation, and mediation.
3. Whether the Court should amend specified Florida Supreme Court Approved Family Law Forms.

Disposition

approved