Opinion
SC22-1
07-14-2022
IN RE: AMENDMENTS TO FLORIDA RULES OF JUVENILE PROCEDURE, FLORIDA FAMILY LAW RULES OF PROCEDURE, AND FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS.
Judge Hope T. Bristol, Chair, Steering Committee on Families and Children, Fort Lauderdale, Florida, and Avron Bernstein, Senior Attorney, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee, Bradenton, Florida, and Candice K. Brower, Past Chair, Juvenile Court Rules Committee, Gainesville, Florida; Michael V. Andriano, Chair, Family Law Rules Committee, Orlando, Florida, and Ashley Elizabeth Taylor, Past Chair, Family Law Rules Committee, Tampa, Florida; Philip S Wartenberg, Chair, Family Law Section of The Florida Bar, Tampa, Florida, Heather L. Apicella, Past Chair, Family Law Section of The Florida Bar, Boca Raton, Florida, Kristin R.H. Kirkner, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Tampa, Florida, and Tenesia C. Hall, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Orlando, Florida; Gary S. Lesser, President, Board of Governors, West Palm Beach, Florida, Michael G. Tanner, Past President, Board of Governors, Jacksonville, Florida, Joshua E. Doyle, Executive Director, Krys Godwin and Mikalla Andies Davis, Staff Liaisons, The Florida Bar, Tallahassee, Florida; Judge Mike Murphy, Orlando, Florida; Judge Michael S. Orfinger, Chair, Committee on Alternative Dispute Resolution Rules and Policy, Daytona Beach, Florida, and Thomas A. David, Chief, Dispute Resolution Center, Tallahassee, Florida; and Howard L Dimmig, II and Benjamin Eisenberg, on behalf of the Florida Public Defender Association, Inc., Bartow, Florida, Responding with comments
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding - Florida Rules of Juvenile Procedure and Florida Family Law Rules of Procedure
Judge Hope T. Bristol, Chair, Steering Committee on Families and Children, Fort Lauderdale, Florida, and Avron Bernstein, Senior Attorney, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner
Stephanie C. Zimmerman, Chair, Juvenile Court Rules Committee, Bradenton, Florida, and Candice K. Brower, Past Chair, Juvenile Court Rules Committee, Gainesville, Florida; Michael V. Andriano, Chair, Family Law Rules Committee, Orlando, Florida, and Ashley Elizabeth Taylor, Past Chair, Family Law Rules Committee, Tampa, Florida; Philip S Wartenberg, Chair, Family Law Section of The Florida Bar, Tampa, Florida, Heather L. Apicella, Past Chair, Family Law Section of The Florida Bar, Boca Raton, Florida, Kristin R.H. Kirkner, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Tampa, Florida, and Tenesia C. Hall, Co-Chair, Rules and Forms Committee, Family Law Section of The Florida Bar, Orlando, Florida; Gary S. Lesser, President, Board of Governors, West Palm Beach, Florida, Michael G. Tanner, Past President, Board of Governors, Jacksonville, Florida, Joshua E. Doyle, Executive Director, Krys Godwin and Mikalla Andies Davis, Staff Liaisons, The Florida Bar, Tallahassee, Florida; Judge Mike Murphy, Orlando, Florida; Judge Michael S. Orfinger, Chair, Committee on Alternative Dispute Resolution Rules and Policy, Daytona Beach, Florida, and Thomas A. David, Chief, Dispute Resolution Center, Tallahassee, Florida; and Howard L Dimmig, II and Benjamin Eisenberg, on behalf of the Florida Public Defender Association, Inc., Bartow, Florida, Responding with comments
PER CURIAM
This matter is before the Court for consideration of proposed amendments to the Florida Rules of Juvenile Procedure, the Florida Family Law Rules of Procedure, and Florida Supreme Court Approved Family Law Forms 12.980(a), (f), (n), (q), and (t). The proposed amendments, which we adopt with substantial modifications, provide permanent and broader authorization for the remote conduct of certain court proceedings in the areas of delinquency, dependency, and family law.
We have jurisdiction. See art. V, § 2(a), Fla. Const.
I. BACKGROUND
Following the onset of the COVID-19 pandemic in 2020, the Court established the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 (Workgroup) "to develop findings and recommendations on the continuation of all court operations and proceedings statewide in a manner that protects health and safety and that addresses each [phase] of the pandemic." In re: Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 , Fla. Admin. Order No. AOSC20-28 (April 21, 2020). The Workgroup was also directed to "[i]dentify whether certain proceedings, due to efficiencies beneficial to stakeholders, could continue to be conducted remotely when COVID-19 no longer presents a significant risk to public health and safety," and the Workgroup was authorized to propose the necessary rule amendments. Id.; see also In re: Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 , Fla. Admin. Order No. AOSC20-110 (November 23, 2020).
The Workgroup determined that permanent, broader authorization for remote proceedings was warranted based on the positive outcomes and efficiencies observed during the pandemic. While working to refine its proposals, however, the Workgroup identified the need for greater subject matter expertise for the proposed amendments in the areas of delinquency, dependency, and family law. Therefore, the Chief Justice referred responsibility for the review, revision, and finalization of proposed amendments in these areas to the Steering Committee on Families and Children in the Court (Steering Committee). The Steering Committee was instructed to seek input from the Juvenile Court Rules Committee and the Family Law Rules Committee of The Florida Bar before filing its petition.
The Workgroup's petition and proposed amendments for the permanent, broader authorization of the remote conduct of certain court proceedings are addressed in our decision in In re Amendments to Florida Rules of Civil Procedure, Florida Rules of General Practice & Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, & Florida Rules of Appellate Procedure, No. SC21-990 (July 14, 2022), which is also released today.
After the Steering Committee filed the petition at issue in this case, the Court published the proposed amendments for comment. Seven comments were received, and the Steering Committee filed a response to the comments.
Having considered the proposed amendments, the comments, and the Steering Committee's response, the Court hereby adopts, with changes, the Steering Committee's proposals as modified in response to the comments. We discuss some of the significant amendments below as well as the significant changes to the Steering Committee's proposals.
II. AMENDMENTS
New Florida Rule of Juvenile Procedure 8.001 (Communication Technology) exempts proceedings governed by the Florida Rules of Juvenile Procedure from Florida Rule of General Practice and Judicial Administration 2.530 (Communication Technology). Then, new Florida Rule of Juvenile Procedure 8.002 (Definitions) defines "Appear or Appearance" to mean "[t]he presentation of oneself before the court in person or via communication technology." And amendments to Florida Rules of Juvenile Procedure 8.100 (General Provisions for Hearings) and 8.255 (General Provisions for Hearings) provide for the remote and hybrid conduct of certain delinquency and dependency hearings. Under amended rules 8.100 and 8.255, evidentiary proceedings must be conducted in person unless the parties agree, or the court orders for good cause shown, that the proceedings be conducted remotely or in a hybrid format. Other proceedings may be conducted remotely or in a hybrid format upon agreement of the parties or court order. And parties who participate remotely or in a hybrid format must be able to privately communicate with counsel.
The Court declines to adopt the Steering Committee's proposed amendments to Florida Rules of Juvenile Procedure 8.224 (Permanent Mailing Address) and 8.400 (Case Plan Development). However, we amend Florida Rule of Juvenile Procedure 8.225(f) (Notice and Service of Pleadings and Papers) to resemble the amendments to Florida Rule of General Practice and Judicial Administration 2.516 (Service of Pleadings and Documents) adopted in Case No. SC21-990, which require non-represented parties to participate in e-mail service unless in custody or excused after declaring a lack of an e-mail account or regular internet access.
Next, as suggested by the Alternative Dispute Resolution Committee, Florida Rule of Juvenile Procedure 8.290 (Dependency Mediation) is amended to conform to its civil and appellate counterparts by expressly authorizing the use of communication technology in dependency mediation.
Regarding the Florida Family Law Rules of Procedure, the Court declines to adopt the Steering Committee's proposal for new rule 12.026 (Communication Technology). Since we do not adopt this proposed rule 12.026, remote family law proceedings will be governed by rule 2.530, like all other civil proceedings. This will ensure that the rules governing remote proceedings are more uniformly implemented across most case types. Moreover, the proposal for a new rule 12.026 would not have safeguarded any rights or interests unique to family law matters, and the Steering Committee's petition does not explain why a separate rule that is slightly different from rule 2.530 is needed for family law cases.
Additionally, the Court adopts modified versions of the Steering Committee's proposals for Florida Family Law Rules of Procedure 12.310 (Depositions Upon Oral Examination), 12.320(b) (Officer to Take Responses and Prepare Record), 12.410(e) (Subpoena for Taking Depositions), 12.430(d) (Juror Participation Through Audio-Video Communication Technology), 12.440(b) (Notice for Trial), and 12.740 (Family Mediation), which are modified for greater consistency with the amendments adopted in Case No. SC21-990. Also, at the suggestion of the Family Law Section of The Florida Bar, we remove language in rule 12.740 that had unnecessarily required each party's counsel to sign a mediation agreement.
Finally, the Court amends Florida Supreme Court Approved Family Law Forms 12.980(a), (f), (n), (q), and (t) as proposed by the Steering Committee.
III. CONCLUSION
Accordingly, the Florida Rules of Juvenile Procedure and the Florida Family Law Rules of Procedure are amended as set forth in the appendix to this opinion, with new language underscored and deletions in struck-through type. The amended Florida Supreme Court Approved Family Law Forms 12.980(a), (f), (n), (q), and (t) are adopted as set forth in the appendix to this opinion, fully engrossed. The amendments to the rules and the amended forms shall become effective October 1, 2022, at 12:01 a.m. The amended forms may be accessed and downloaded from the Florida State Courts' website at https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law- Forms. By amending the forms, we express no opinion as to their correctness or applicability.
We thank the Steering Committee for its attention to this important matter. We also extend our appreciation to the commenters.
It is so ordered.
MUÑIZ, C.J., and CANADY, POLSTON, LABARGA, LAWSON, COURIEL, and GROSSHANS, JJ., concur.
(Appendix Omitted)