In Re: Amendments to the Florida Supreme Court Approved Family Law Forms—12.975(a)-(c)

Summary

The Florida Supreme Court amended Florida Supreme Court Approved Family Law Forms 12.975(a)-(c) concerning grandparent visitation. The amendments implement changes to section 752.011, Florida Statutes, create a new petition form for cases involving a parent held criminally or civilly liable for the death of the other parent, renumber an existing order form, and revise e-service language. The amendments took effect immediately upon release of the opinion, subject to a 75-day period for comments.

Holdings

1. The Court adopted the proposed amendments to forms 12.975(a)-(c), with modifications, including amendments to form 12.975(a), creation of form 12.975(b), and renumbering the former form 12.975(b) as form 12.975(c).
2. Forms 12.975(a) and 12.975(b), including the newly adopted form 12.975(b), are designated as Florida Supreme Court Approved Family Law Forms and will be revised and amended by opinion of the Supreme Court outside the rulemaking process required by Florida Rule of General Practice and Judicial Administration 2.140.
3. The Court modified form 12.975(a) by replacing its electronic-service language with language complying with Florida Rule of General Practice and Judicial Administration 2.516, and modified form 12.975(b), item 8, to state the presumption for reasonable visitation when the petitioner is the grandparent or stepgrandparent and parent of the deceased parent's child.

Questions Presented

1. Whether to adopt the proposed amendments to Florida Supreme Court Approved Family Law Forms 12.975(a)-(c) in response to amendments to section 752.011, Florida Statutes.
2. Whether forms 12.975(a) and 12.975(b) should be designated as Florida Supreme Court Approved Family Law Forms rather than Florida Family Law Rules of Procedure Forms subject to the rulemaking process.
3. Whether to modify the proposed forms to update the electronic-service language and revise item 8 of new form 12.975(b).

Disposition

approved