source: Caselaw Access Project

license: Public Domain

text:
    In re AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS—FORMS 12.982(A), 12.982(C), AND 12.982(F).
    No. SC10-828.
    Supreme Court of Florida.
    June 24, 2010.
    Jack A. Moring, Chair, The Family Law Rules Committee, Moring and Moring, P.A., Crystal River, FL, John F. Harkness, Executive Director, and Ellen H. Sloyer, Bar Liaison, The Florida Bar, Tallahassee, FL, for Petitioner.
   PER CURIAM.

This matter is before the Court for consideration of amendments to the Florida Supreme Court Approved Family Law Forms. We have jurisdiction. See art. V, § 2(a), Fla. Const.

Under Amendments to the Florida Family Law Rules of Procedure and Family Law Forms, 810 So.2d 1, 13-14 (Fla.2000), the Court internally reviews and maintains the Florida Supreme Court Approved Family Law Forms. Revisions to Florida Supreme Court Approved Family Law Forms 12.982(a), Petition for Change of Name (Adult), 12.982(c), Petition for Change of Name (Minor Child(ren)), and 12.982(f), Petition for Change of Name (Family), have become necessary as a result of 2009 amendments to section 68.07, Florida Statutes. See Ch. 2009-173, Laws of Fla. The amendments are meant to reflect the new fingerprinting and criminal history records check requirements and the clarified hearing and costs provisions under the amended statute. Other minor and editorial amendments are also made.

Accordingly, the Florida Supreme Court Approved Family Law Forms are hereby amended as set forth in the appendix to this petition, fully engrossed and ready for use. The amendments shall become effective immediately upon release of this opinion. Because the amendments were not published for comment prior to adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court. By adoption of these forms, we express no opinion as to their correctness or applicability, or on the substance of the relevant legislation. The forms discussed herein may also be accessed and downloaded from the Florida State Courts website at www. flcourts.org/gen_public/family/formsmmles/ index.shtml.

It is so ordered.

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

APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(a), PETITION FOR CHANGE OF NAME (ADULT) (06/10)

When should this form be used?

This form should be used when an adult wants the court to change his or her name. This form is not to be used in connection with a dissolution of marriage or for adoption of child(ren). If you want a change of name because of a dissolution of marriage or adoption of child(ren) that is not yet final, the change of name should be requested as part of that case.

This form should be typed or printed in black ink and must be signed before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records

What should I do next?

Unless you are seeking to restore a former name, you must have fingerprints submitted for a state and national criminal records check. The fingerprints must be taken in a manner approved by the Department of Law Enforcement and must be submitted to the Department for a state and national criminal records check. You may not request a hearing on the petition until the clerk of court has received the results of your criminal history records check. The clerk of court can instruct you on the process for having the fingerprints taken and submitted, including information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement. The process may take several weeks and you will have to pay for the cost of processing the fingerprints and conducting the state and national criminal history records check.

Next, you must obtain a hearing date for the court to consider your request. If you are seeking to restore a former name, a hearing on the petition MAY be held immediately after the petition is filed. The final hearing on any other petition for a name change may be held immediately after the clerk of court receives the results of your criminal history records check. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the final hearing. Included in these forms is a Final Judgment of Change of Name (Adult), Florida Supreme Court Approved Family Law Form 12.982(b), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant, to see if you need to bring a final judgment form with you. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

If the judge grants your petition, he or she will sign this order. This officially changes your name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you the amount of the charges.

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 Section 68.07, Florida Statutes.

Special notes...

The heading of the form calls for the name of the petitioner. Your current name should go there, as you are the one who is asking the court for something. The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition.

It may be helpful to compile a list of all of the people and/or places that will need a copy of your final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.

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 a Disclosure from IN THE CIRCUIT COURT OF THE_ IN AND FOR_

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. _JUDICIAL CIRCUIT, _COUNTY, FLORIDA

Case No.:__

Division:_

Petitioner.

PETITION FOR CHANGE OF NAME (ADULT)

I,{full legal name} _, being sworn, certify that the following information is true:

1. My complete present name is:_. I request that my name be changed to:_.

2. I live in_County, Florida, at {street address} _

3. I was born on {date}_, in {city}_, {county}_, {state}_, {country}_,

4. My father's full legal name:_. My mother's full legal name:_. My mother's maiden name:_

5. I have lived In the following places since birth: Dates (to/from) Address

/

/

/

/ - _ (_Please Indicate here If you are continuing these facts on an attached page.)

6. Family

[Choose all that apply]

a._I am not married.

b._I am married. My spouse's full legal name is:_

c. _I do not have child(ren).

d._The name(s), age(s), and address(es) of my child(ren) are as follows (all children, Including

those over 18, must be listed):

Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (06/10)

Name {last, first, middle initial} Age Address, City, State

(_Please indicate here if you are continuing these facts on an attached paged

7. Former names [Choose all that apply]

_My name has never been changed by a court.

_My name previously was changed by court order from_

to_on {date}_,

by (court, city, and state}_.

A copy of the court order is attached.

_My name previously was changed by marriage from_

to_on {date}_,

in {city, county, and state}_.

A copy of the marriage certificate is attached.

_I have never been known or called by any other name.

_I have been known or called by the following other name(s): {list name(s) and explain where you

were known or called by such name(s)}_

8. Occupation

My occupation is:_.

I am employed at: {company and address}_

During the past 5 years, I have had the following jobs:

Dates (to/from) Employer and employer's address

/ _

/ _

/. .

/ _

/ _

(_Please indicate here if you are continuing these facts on an attached page.)

9.Business

[Choose one only]

_I do not own and operate a business.

_I own and operate a business. The name of the business is:_

The street address is:___

My position with the business is: ___

I have been involved with the business since: {date}__

Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (06/10)

10. Profession [Choose one only]

_I am not in a profession.

_I am in a profession. My profession is: __ I have practiced this profession:

I have practiced this profession:

Dates (to/from) Place and address

/ _

_/ _

/ _

/ _

/ ___

{_Please indicate here if you are continuing these facts on an attached page.)

11. Education

I have graduated from the following school(s):

Degree Date of

Received Graduation School

(_Please indicate here if you are continuing these facts on an attached page.l

12.Criminal History [Choose one only]

_I have never been arrested for or charged with, pled guilty or nolo contendere to, or been

found to have committed a criminal offense, regardless of adjudication.

_I have a criminal history. In the past I have been arrested for or charged with, pled guilty or

nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are:

Date City/State Event (arrest, charge, plea, or adjudication)

{_Please indicate here if you are continuing these facts on an attached page.)

13.Bankruptcy [Choose one only]

_I have never been adjudicated bankrupt.

_I was adjudicated bankrupt on {date}_, In {city} _,

{county}_.{state}_.

(_Please indicate here if you have filed additional bankruptcies, and explain on an attached

page.)

Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (06/10)

14.Creditor^)’ Judgments [Choose one only]

_I have never had a money judgment entered against me by a creditor.

_The following creditor(s)' money judgment(s) have been entered against me:

Date Amount Creditor Court entering judgment and case number if Paid {date}

(_Please indicate here if these facts are continued on an attached page.)

15. Fingerprints and Criminal History Records Check

Unless I am seeking to restore a former name, a copy of my fingerprints has been taken in a manner approved by the Department of Law Enforcement and submitted for a state and national criminal history records check. I understand that I cannot request a hearing on my Petition until the Clerk of Court receives the results of the criminal history records check.

16. 1 have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

17. My civil rights have never been suspended, or, if my civil rights have been suspended, they have been fully restored.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this motion and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:_ _

Signature of PETITIONER

Printed Name:_

Address:_

City, State, Zip:_

Telephone Number:_

Fax Number:_

Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (06/10)

STATE OF FLORIDA COUNTYOF_

Sworn to or affirmed and signed before me on_by_.

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or deputy clerk.]

Personally known Produced identification

Type of identification produced__

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, {full legal name and trade name of nonlawyer}____ ,

a nonlawyer, whose address is {street}_t{city}_,

{state}_,{phone}_, helped {name}_, who is

the petitioner, fill out this form.

Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (06/10)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(c), PETITION FOR CHANGE OF NAME (MINOR CHILD(REN)) (06/10)

When should this form be used?

This form should be used when parents want the court to change the name of their minor child(ren). For the purposes of this proceeding, a person under the age of 18 is a minor. This form is not to be used in connection with an adoption, dissolution of marriage, or paternity action. If you want a change of name for your child(ren) because of an adoption or paternity action that is not yet final, the change of name should be requested as part of that case.

This form should be typed or printed in black ink and must be signed before a notary public or deputy clerk. You should file the original with the clerk of the circuit court, in the county where you live and keep a copy for your records. The Petition should only be completed by one Petitioner for one child. If you wish to change the name of more than one child or if there is more than one Petitioner, you should complete and file a Supplemental Form for Petition for Change of Name (Minor Child) for each child and/or a Supplemental Form for Petition for Change of Name. The supplemental form(s) is an attachment to the petition. Be sure that the bottom of each page of each supplemental form is initialed by the petitioner(s).

What should I do next?

Unless you are seeking to restore a former name, each adult petitioner(s)’s fingerprints must be submitted for a state and national criminal history records check. The fingerprints must be taken in a manner approved by the Department of Law Enforcement. The fingerprints must be submitted to the Department of Law Enforcement for a state and national criminal history records check. The Petitioner(s) may not request a hearing on the Petition until the copy of the fingerprints are filed and the clerk of court has received the results of the criminal history records check. The clerk of court can instruct you on the process for having the fingerprints taken and submitted, including information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement. The process may take several weeks and the parent or guardian of the minor must pay the cost of processing the fingerprints and conducting the state and national history records check.

If both parents agree to the change of name and live in the county where the change of name is sought, you may both file as petitioners. In this situation, service is not necessary, and you need only to set a hearing. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing.

If only one parent is a resident of the county where the change of name(s) is sought or only one parent asks for the child(ren)’s name(s) to be changed, the other parent must be notified and his or her consent obtained, if possible. If the other parent consents to the change of name, a Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d), should be filed.

If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer [to] the “General Instructions for Self-Represented Litigants” found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.

Next, you must obtain a final hearing date for the court to consider your request. If you are seeking to restore a former name, a hearing on the petition MAY be held immediately after the petition is filed. The final hearing on any other petition for a name change may be held immediately after the clerk of court receives the results of your criminal history records check. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(e), which may be used when a judge grants a change of name for a minor children). If you attend the hearing, you should take the final judgment with you. You should complete the top part of the form, including the circuit, county, case number, division, and the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink. If the judge grants your petition, he or she will sign this order. This officially changes your child(ren)’s name(s). The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you the amount of the charges.

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 section 68.07, Florida Statutes.

Special notes...

The heading of the form calls for the name(s) of the petitioner(s). This means the parent(s) who is (are) requesting the change of their child(ren)’s name(s). The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition.

It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.

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 a 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.

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] I, {full legal name and trade name of nonlawyer} ___. a nonlawyer, whose address is {street}__ {city}__ {state}_, {phone}_, helped {name(s)}___, who Is (are) the petltloner(s), fill out this form.

PETITIONER^) MUST INITIAL HERE_ Florida Supreme Court Approved Family Law Form 12.982(c), Supplemental Petition for Change of Name (Minor Child(ren)) (06/10)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(f), PETITION FOR CHANGE OF NAME (FAMILY) (06/10)

When should this form be used?

This form should be used when a family-wants the court to change its name. This form is not to be used in connection with a dissolution of marriage, paternity, or adoption action. If you want a change of name because of a dissolution of marriage, paternity, or adoption action that is not yet final, the change of name should be requested as part of that case.

This form should be typed or printed in black ink and must be signed before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records. The petition should only be completed for one adult. If you wish to change the name(s) of another adult and/or any children), you should complete and file with the clerk of court the attached Supplemental Form(s) for Petition for Change of Name (Family) for each additional family member. Be sure that the bottom of each page of each supplemental form is initialed.

What should I do next?

Unless you are seeking to restore a former name, each adult petitioner must have fingerprints submitted for a state and national criminal history records check. The fingerprints must be taken in a manner approved by the Department of Law Enforcement and must be submitted to the Department for a state and national criminal history records check. You may not request a hearing on the petition until the clerk of court has received the results of your criminal history records check. The clerk of court can instruct you on the process for having the fingerprints taken and submitted, including information on law enforcement agencies or service providers authorized to submit finger prints electronically to the Department of Law Enforcement. The process may take several weeks and you will have to pay for the cost of processing the fingerprints and conducting the state and national criminal history records check.

If any of the children for whom you are requesting this change of name are not the legal children of both adults filing this petition, you must obtain the consent of the legal parent(s). A parent not named as a petitioner in this action may consent by submitting a Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d).

If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service.. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer to the “General Instructions for Self-Represented Litigants” found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a). The law on constructive service is very complex and you may wish to consult an attorney regarding constructive service.

Next, you must obtain a final hearing date for the court to consider your request. If you are seeking to restore a former name, hearing on the petition MAY be held immediately after the petition is filed. The final hearing on any other petition for a name change may be held immediately after the clerk of court receives the results of your criminal history records check. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Family), Florida Supreme Court Approved Family Law Form 12.982(g), which may be used when a judge grants a change of name for a family. If you attend the hearing, you should take the final judgment form with you. You should complete the top part of this form, including the circuit, county, case number, division, the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.

If the judge grants your petition, he or she will sign this order. This officially changes your family’s name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you the amount of the charges.

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 section 68.07, Florida Statutes.

Special notes...

The heading of the form calls for the name(s) of the petitioner(s). This is (are) the parent(s) who is/are requesting the change of their family’s name(s). The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition.

It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.

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 a 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.

      . An original and nine paper copies of all comments must be filed with the Court on or before August 23, 2010. A separate request for oral argument must be filed if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Electronic copies of all comments also must be filed in accordance with the Court's administrative order in In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).


author: PER CURIAM.

text:
    In re AMENDMENTS TO THE FLORIDA PROBATE RULES.
    No. SC10-171.
    Supreme Court of Florida.
    Sept. 2, 2010.
    Jeffrey Scott Goethe, Chair, Florida Probate Rules Committee, Bradenton, FL, John F. Harkness, Executive Director, and Krys Godwin, Bar Staff Liaison, The Florida Bar, Tallahassee, FL, for Petitioner.
   PER CURIAM.

This matter is before the Court for consideration of proposed amendments to the Florida Probate Rules. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(b).

On January 29, 2010, the Florida Probate Rules Committee (Committee) submitted a regular-cycle report of proposed amendments to the Florida Probate Rules. The Committee proposes amendments to rules 5.020 (Pleadings; verification; motions); 5.030 (Attorneys); 5.040 (Notice); 5.041 (Service of Pleadings and Papers); 5.060 (Request for Notices and Copies of Pleadings); 5.110 (Address Designation for Personal Representative or Guardian; Designation of Resident Agent and Acceptance); 5.200 (Petition for Administration); 5.205 (Filing Evidence of Death); 5.210 (Probate of Wills Without Administration); 5.235 (Issuance of Letters, Bond); 5.260 (Caveat; Proceedings); 5.330 (Execution by Personal Representative); 5.340 (Inventory); 5.346 (Fiduciary Accounting); 5.360 (Elective Share); 5.405 (Proceedings to Determine Protected Homestead Real Property); 5.406 (Proceedings to Determine Exempt Property); 5.440 (Proceedings for Removal); 5.470 (Ancillary Administration); 5.496 (Form and Manner of Objecting to Claim); 5.696 (Annual Accounting); 5.710 (Reports of Public Guardian); and 5.725 (Emergency Court Monitor).

Prior to filing the proposals with the Court, the Committee published them for comment. After the Committee submitted its report to the Court, the Court published the proposals for comment. No comments were received by the Committee or the Court.

Accordingly, after consideration of the Committee’s proposals, we hereby adopt the amendments to the Florida Probate Rules as set forth in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The committee notes are offered for explanation only and are not adopted as an official part of the rules. The amendments will become effective on January 1, 2011, at 12:01 a.m.

It is so ordered.

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

APPENDIX

RULE 5.020. PLEADINGS; VERIFICATION; MOTIONS (a) — (e) [No Change]

Committee Notes

[No Change]

Rule History

1977 Revision — 2003 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References

§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.

§ 731.104, Fla. Stat. Verification of documents.

§ 731.201, Fla. Stat. General definitions.

§ 733.202, Fla. Stat. Petition.

§ 733.604(1), Fla. Stat. ■I-nventorylnvento-ries and accountings; public records exemptions.

§ 733.901, Fla. Stat. Final discharge.

§ 735.203, Fla. Stat. Petition for summary administration.

§ 744.104, Fla. Stat. Verification of documents.

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.3201, Fla. Stat. Petition to determine incapacity.

§ 744.331, Fla. Stat. Procedures to determine incapacity.

§ 744.334, Fla. Stat. Petition for appointment of guardian or professional guardian; contents.

Rule References

[No Change]

RULE 5.030. ATTORNEYS

(a) [No Change]

(b) LimitingLimited Appearance without Court Order. An attorney of record for an interested person in a proceeding governed by these rules shall be the attorney of record in all other proceedings in the administration of the same estate or guardianship, except service of process in an independent action on a claim, unless

(1) at the time of appearance the attorney files a notice specifically limiting the attorney’s appearance only to the particular proceeding or matter in which the attorney appearSj-er

(2)-the-court orders otherwise. At the conclusion of that proceeding or matter, the attorney’s role terminates upon the attorney filing notice of completion of limited appearance and serving a copy on the client and other interested persons.

(c) Withdrawal or LimitingLimited Ap-pearancejwithComtOrder. An attorney of record may withdraw or limit the attorney’s appearance with approval of the court, after filing a motion 'setting forth the reasons and serving a copy on the client and other interested persons.

Committee Notes

[No Change]

Rule History

1975 Revision — 2008 Revision [No Change] 2010 Revision: Subdivisions (b) and (c) amended to clarify the procedure for termination of an attorney’s representation of an interested person either with or without court order.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.040. NOTICE

(a) — (c) [No Change]

(d) Formal Notice Optional. Formal notice may be given in lieu of informal notice at the option of the person giving notice unless the court orders otherwise. When formal notice is given in lieu of informal notice, formal notice shall be given to all interested persons entitled to notice. When formal notice is given in lieu of informal notice, that notice does not modify any time period otherwise specified by-statute or these rules.

Committee Notes

Formal notice is the method of service used in probate proceedings and the method of service of process for obtaining jurisdiction over the person receiving the notice. “The manner provided for service of formal notice” is as provided in rule 5.040(a)(3).

Informal notice is the method of service of notice given to interested persons entitled to notice when formal notice is not given or required.

Reference in this rule to the terms “mail” or “mailing” refers to use of the United States Postal Service.

Rule History

1975 Revision — 2008 Revision [No Change] 2010 Revision: Subdivision (d) amended to clarify that the optional use of formal notice when only informal notice is required does not modify any time period otherwise specified by statute or rule. Committee notes revised.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.041. SERVICE OF PLEADINGS AND PAPERS (a) — (g) [No Change]

Committee Notes

[No Change]

Rule History

1984 Revision — 2008 Revision [No Change] 2010 Revision: Committee notes revised.

Statutory References

ch. 89, Fla. Stat. Proceedings relating to children.

ch. 48, Fla. Stat. Process and service of process.

ch. 61, Fla. Stat. Dissolution of marriage; support; custodytime-sharing.

ch. 63, Fla. Stat. Adoption.

§ 393.12, Fla. Stat. Capacity; appointment of guardian advocate.

§ 731.201, Fla. Stat. General definitions.

§ 731.301, Fla. Stat. Notice.

§ 733.212, Fla. Stat. Notice of administration; filing of objections.

§ 733.2123, Fla. Stat. Adjudication before issuance of letters.

§ 733.705(2), (4), Fla. Stat. Payment of and objection to claims.

ch. 743, Fla. Stat. Disability of nonage of minors removed.

§ 744.3085, Fla. Stat. Guardian advocates.

§ 744.3201, Fla. Stat. Petition to determine incapacity.

§ 744.331, Fla. Stat. Procedures to determine incapacity.

§ 744.3371, Fla. Stat. Notice of petition for appointment of guardian and hearing.

§ 744.447, Fla. Stat. Petition for authorization to act.

ch. 751, Fla. Stat. Temporary custody of minor children by extended family.

Rule References

[No Change]

RULE 5.060. REQUEST FOR NOTICES AND COPIES OF PLEADINGS

(a) — (b) [No Change]

Committee Notes

Rule History

1975 Revision — 2003 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References § 731.201, Fla. Stat. General definitions.

§ 733.604, Fla. Stat. Inventorylnventories and accountings; public records exemptions.

Rule References

[No Change]

RULE 5.110. ADDRESS DESIGNATION FOR PERSONAL REPRESENTATIVE OR GUARDIAN; DESIGNATION OF RESIDENT AGENT AND ACCEPTANCE

(a) Address Designation of Personal Representative or Guardian. Before letters are issued, the personal representative or guardian shall file a designation of its residence street address and mailing address. The personal representative or guardian shall notify the court of any change in its residence street address or mailing address within 20 days of the change.

(b)-(g) [No Change]

Committee Notes

Rule History

1977 Revision — 2008 Revision [No Change]

2010 Revision: Subdivision (a) amended to require the personal representative or guardian to notify the court of any change of address to facilitate timely communication with the personal representative or guardian.

Rule References

[No Change]

RULE 5.200. PETITION FOR ADMINISTRATION

The petition for administration shall be verified by the petitioner and shall contain:

(a) — (d) [No Change]

(e) the priority, under the eod&Florida Probate Code, of the person whose appointment as the personal representative is sought and a statement that the person is qualified to serve under the laws of Florida;

(f) — (j) [No Change]

Committee Notes

Rule History

1977 Revision — 2007 Revision [No Change]

2010 Revision: Editorial change in (e) to clarify reference to Florida Probate Code.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.205. FILING EVIDENCE OF DEATH

(a) — (c) [No Change]

Committee Notes

A short form certificate of death, which does not disclose the cause of death, should be filed.

Rule History

1980 Revision — 2003 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References

§ 28.222(3)(g), Fla. Stat. Clerk to be county recorder.

§ 382.008(6), Fla. Stat. Death and fetal death registration.

§ 731.103, Fla. Stat. Evidence as to death or status.

§ 733.2121, Fla. Stat. Notice to creditors; filing of claims.

Rule References

[No Change]

RULE 5.210. PROBATE OF WILLS WITHOUT ADMINISTRATION

(a) [No Change]

(b) Service. The petitioner shall comply ¾⅛⅛-serve a copy of the petition on those persons who would be entitled to service under rule 5.240 with regard to sendee-of a-copy-of-the-petition.

(c) [No Change]

(d) Order. An order admitting the will to probate shall include a finding that the will has been executed as required by law.

Committee Notes

[No Change]

Rule History

1975 Revision — 2007 Revision [No Change]

2010 Revision: Subdivision (b) amended to reflect that sendee of the petition to admit a decedent’s will to probate without administration shall be served on the persons who would be entitled to service of the notice of administration in a formal administration as set forth in rule 5.240. New subdivision (d) added to provide that any order admitting the decedent’s will to probate without administration contain a finding that the will was executed as required by law. Committee notes revised.

Statutory References

§ 731.201, Fla. Stat. General definitions.

§ 731.301, Fla. Stat. Notice.

§ 732.502, Fla. Stat. Execution of wills.

§ 732.503, Fla. Stat. Self-proof of will.

§ 733.103, Fla. Stat. Effect of probate.

§ 733.201, Fla. Stat. Proof of wills.

§ 733.202, Fla. Stat. Petition.

§ 733.204, Fla. Stat. Probate of a will written in a foreign language.

§ 733.205, Fla. Stat. Probate of notarial will.

§ 733.206, Fla. Stat. Probate of will of resident after foreign probate.

§ 733.207, Fla. Stat. Establishment and probate of lost or destroyed will.

§ 734.104, Fla. Stat. Foreign wills; admission to record; effect on title.

Rule References

Fla. Prob. R. 5.015 General definitions.

Fla. Prob. R. 5.020 Pleadings, verification; motions.

Fla. Prob. R. 5.205(a)(7) Filing evidence of death.

Fla. Prob. R. 5.215 Authenticated copy of will.

Fla. Prob. R. 5.216 Will written in foreign language.

Fla. Prob. R. 5.230 Commission to prove will.

Fla. .Prob. R. 5.240 Notice of administration.

Fla. Prob. R. 5.270 Revocation of probate.

RULE 5.235. ISSUANCE OF LETTERS, BOND

(a) — (c) [No Change]

Committee Notes

[No Change]

Rule History

1988 Revision — 2003 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References

§ 28.24 (2419), Fla. Stat. Service charges by clerk of the circuit court.

§ 28.2401, Fla. Stat. Service charges in probate matters.

§ 733.402, Fla. Stat. Bond of fiduciary; when required; form.

§ 733.403, Fla. Stat. Amount of bond.

§ 733.405, Fla. Stat. Release of surety.

§ 733.501, Fla. Stat. Curators.

Rule References

[No Change]

RULE 5.260. CAVEAT; PROCEEDINGS

(a) — (b) [No Change]

(c)Resident Agent of Caveator; Service. If the caveator is not a state agency or a resident of the Florida county where the caveat is filed, the caveator shall file a designation ofdesignate an agent for service of notice. The designation shall state either (1) the name and specific mailing address and residence address of a resident in the county where the caveat is filed, or (2) the name and office address of a member of The Florida Bar residing in Floridaas the caveator’s agent for sendee of notice. The written acceptance by the person appointed as resident agent shall be filed with the designation or included in the caveat. The designation and acceptance shall constitute the consent of the caveator that service of notice upon the designated resident agent shall bind the caveator. — I-f—the ■■ caveator — is- represented by an attorney, admitted — to- practice in Florida who-signs the-caveat^-it- shall not be-necessar-y-to-designate-a-resident agent under this rule.

(d) Filing After Commencement. If at the time of the filing of any caveat the decedent’s will has been admitted to probate or letters of administration have been issued, the clerk shall for-thwithpromptly notify the caveator in writing of the date of issuance of letters and the names and addresses of the personal representative and the personal representative’s attorney.

(e) Creditor. When letters of administration issue after the filing of a caveat by a creditor, the clerk shall for-thwithpromptly notify the caveator, in writing, advising the caveator of the date of issuance of letters and the names and addresses of the personal representative and the personal representative’s attorney, unless notice has previously been served on the caveator. A copy of any notice given by the clerk, together with a certificate of the mailing of the original notice, shall be filed in the estate proceedings.

(f) [No Change]

Committee Notes

Caveat proceedings permit a decedent’s creditor or other interested person to be notified when letters of administration are issued. Thereafter, the caveator must take appropriate action to protect the ca-veator’s interests.

This rule treats the creditor caveator differently from other caveators.

An attorney admitted to practice in Florida who represents the caveator may sign the caveat on behalf of the client.

Rule History

1977 Revision — 2003 Revision [No Change]

2010 Revision: Subdivision (c) amended to clarify that a state agency filing a caveat need not designate an agent for service of process, and to provide that a caveator who is not a resident of the county where the caveat is filed must designate either a resident of that county or an attorney licensed and residing in Florida as the cave-ator’s agent. Editorial changes in (d) and (e). Committee notes revised.

Statutory Reference

[No Change]

Rule Reference

[No Change]

RULE 5.330. EXECUTION BY PERSONAL REPRESENTATIVE

[No Change]

Committee Notes

Rule History

1975 Revision — 2003 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References

§ 733.502, Fla. Stat. Resignation of personal representative.

§ 733.604, Fla. Stat. Inventorylnventories and accountings; public records exemptions.

§ 733.612(5), (22), (24), Fla. Stat. Transactions authorized for the personal representative; exceptions.

§ 733.613, Fla. Stat. Personal representative’s right to sell real property.

§ 733.708, Fla. Stat. Compromise.

§ 733.901, Fla. Stat. Final discharge.

Rule References

[No Change]

RULE 5.340. INVENTORY

(a) Contents and Filing. Unless an inventory has been previously filed, the personal representative shall file an inventory of the estate within 60 days after issuance of letters. The inventory shall contain notice of the beneficiaries’ rights under subdivision (e), list the estate with reasonable detail and include for each listed item (excluding real property appearing to be protected homestead property) its estimated fair market value at the date of the decedent’s death. Real property appearing to be protected homestead property shall be listed and so designated.

(b) — (c) [No Change]

(d) Service. The personal representative shall serve a copy of the inventory and all supplemental and amended inventories on the Department-of- Revenue, the surviving spouse, each heir at law in an intestate estate, each residuary beneficiary in a testate estate, and any other interested person who may request it in writing. The personal representative shall file proof of such service.

(e) Information. On reasonable -request in writing, the personal representative shall provide a beneficiary with information-to-which the beneficiary is entitled by law.the following:

(1) To the requesting residuary beneficiary or heir in an intestate estate, a written explanation of how the inventory value for an asset was determined or, if an appraisal was obtained, a copy of the appraisal.

(2) To any other requesting beneficiary, a written explanation of how the inventory value for each asset distributed or proposed to be distributed to that beneficiary was determined or, if an appraisal of that asset was obtained, a copy of the appraisal.

(f) Notice to Nonresiduary Beneficiaries. The personal representative shall provide to each nonresiduary beneficiary written notice of that beneficiary’s right to receive a written explanation of how the inventory value for each asset distributed or proposed to be distributed to that beneficiary was determined or a copy of an appraisal, if any, of the asset.

UU(ff) Elective Share Proceedings. Upon entry of an order determining the surviving spouse’s entitlement to the elective share, the personal representative shall file an inventory of the property entering into the elective estate which shall identify the direct recipient, if any, of that property. The personal representative shall serve the inventory of the elective estate as provided in rule 5.360. Service of an inventory-of-the-elective estate on the Department-of-Revenuo is not-required. On reasonable request in writing, the personal representative shall provide an interested person with a written explanation of how the inventory value for an asset was determined and shall permit an interested person to examine appraisals on which the inventory values are based.

(gXh) Verification. All inventories shall be verified by the personal representative.

Committee Notes

[No Change]

Rule History

1980 Revision — 2008 Revision [No Change]

2010 Revision: Subdivisions (d) and (g) (former (f)) amended to delete the requirement to serve a copy of the inventory on the Department of Revenue. Subdivision (e) amended, and new (f) created, to limit the kind of information available to nonre-siduary beneficiaries, and subsequent subdivisions relettered. Editorial changes in (a), (e), and (g). Committee notes revised.

Constitutional Reference

[No Change]

Statutory References

■§ ■■■199.062(4), Fla. Stat. Annual-tax information-reports.

§ 732.401, Fla. Stat. Descent of homestead.

§ 732.4015, Fla. Stat. Devise of homestead.

§ 733.604, Fla. Stat. Inventorylnventories and accountings; public records exemptions.

Rule References

[No Change]

RULE 5.346. FIDUCIARY ACCOUNTING

(a) — (d) [No Change]

Committee Notes

[No Change]

Rule History

1988 Revision — 2007 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References

§ 733.501, Fla. Stat. Curators.

§ 733.5036, Fla. Stat. Accounting and discharge following resignation.

§ 733.508, Fla. Stat. Accounting and discharge of removed personal representatives upon removal.

§ 733.602(1), Fla. Stat. General duties.

§ 733.612(18), Fla. Stat. Transactions authorized for the personal representative; exceptions.

§ — 7-36rQ8-l-35,-FIa. -Stat. Trust-accountings.

ch. 738, Fla. Stat. Principal and income.

RULE 5.360. ELECTIVE SHARE (a) — (e) [No Change]

Committee Notes

[No Change]

Rule History

1984 Revision — 2005 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References

§ 732.201, Fla. Stat. Right to elective share.

§ 732.2025, Fla. Stat. Definitions.

§ 732.2035, Fla. Stat. Property entering into elective estate.

§ 732.2045, Fla. Stat. Exclusions and overlapping application.

§ 732.2055, Fla. Stat. Valuation of the elective estate.

§ 732.2065, Fla. Stat. Amount of the elective share.

§ 732.2075, Fla. Stat. Sources from which elective share payable; abatement.

§ 732.2085, Fla. Stat. Liability of direct recipients and beneficiaries.

§ 732.2095, Fla. Stat. Valuation of property used to satisfy elective share.

§ 732.2125, Fla. Stat. Right of election; by whom exercisable.

§ 732.2135, Fla. Stat. Time of election; extensions; withdrawal.

§ 732.2145, Fla. Stat. Order of contribution; personal representative’s duty to collect contribution.

§ 733.604, Fla. Stat. Inventorylnventories and accountings; public records exemptions.

Rule References

[No Change]

RULE 5.405. PROCEEDINGS TO DETERMINE PROTECTED HOMESTEAD REAL PROPERTY (a) — (c) [No Change]

Committee Notes

[No Change]

Rule History

1984 Revision — 2007 Revision [No Change] 2010 Revision: Committee notes revised.

Constitutional Reference

[No Change]

Statutory References

§ 731.104, Fla. Stat. Verification of documents.

§ 731.201(3433), Fla. Stat. General definitions.

§ 732.401, Fla. Stat. Descent of homestead.

§ 732.4015, Fla. Stat. Devise of homestead. § 733.607, Fla. Stat. Possession of estate.

§ 733.608, Fla. Stat. General power of the personal representative.

Rule References

[No Change]

RULE 5.406. PROCEEDINGS TO DETERMINE EXEMPT PROPERTY

(a) — (b) [No Change]

(c) Order. The court shall determine each item of exempt property and its value, if necessary to determine its exempt status, and order the surrender of that property to the persons entitled to it.

Committee Notes

[No Change]

Rule History

1984 Revision — 2003 Revision [No Change]

2010 Revision: Subdivision (c) amended to limit the instances in which the value of the property claimed as exempt needs to be stated in the order.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.440. PROCEEDINGS FOR REMOVAL OF PERSONAL REPRESENTATIVE

(a) — (d) [No Change]

Committee Notes

[No Change]

Rule History

1980 Revision — 2007 Revision [No Change]

2010 Revision: Editorial change in title to clarify scope of rule.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.470. ANCILLARY ADMINISTRATION

(a) — (c) [No Change]

Committee Notes

Rule History

1975 Revision — 2005 Revision [No Change]

2010 Revision: Committee notes revised.

Statutory References

[No Change]

Rule References

Fla. Prob. R. 5.020 Pleadings; verification; motions.

Fla. Prob. R. 5.040 Notice.

Fla. Prob. R. 5.041 Service of pleadings and papers.

Fla. Prob. R. 5.042 Time.

Fla. Prob. R. 5.065(b) Notice of civil action or ancillary administration.

Fla. Prob. R. 5.205(a)(2) Filing evidence of death.

Fla. Prob. R. 5.215 Authenticated copy of will.

Fla. Prob. R. 5.240 Notice of administration.

Fla. Prob. R. 5.241 Notice to creditors.

Fla. Prob. R. 5.475 Ancillary administration, short form.

Fed.R.Civ.P. 44(a) Proof of Proving an official record.

RULE 5.496. FORM AND MANNER OF OBJECTING TO CLAIM

(a)[No Change]

APPENDIX A — Continued

(b) Service. A personal representative or other interested person who files an objection to the claim shall serve a copy of the objection on the claimant within -10-days after the filing-of-the objection. — The-objection shaliinclude a certificate of.service. If the objection is filed by an interested person other than the personal representative, a copy of the objection shall also be served on the personal representative within-10 days after the-filing-of-the-objee-tien Any objection shall include a certificate of service.

(c) [No Change]

Committee Notes

[No Change]

Rule History

1992 Revision — 2007 Revision [No Change] 2010 Revision: Subdivision (b) amended to delete the requirement to serve a copy of an objection to a claim within 10 days, and to clarify the requirement to include a certificate of service.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.696. ANNUAL ACCOUNTING

(a) [No Change]

(b) Substantiating Papers. Unless otherwise ordered by the court, the guardian need not file the papers substantiating the annual accounting. Upon reasonable written request, the guardian of the property shall make the substantiating papers available for examination to persons entitled to receive or inspect the annual accounting. Substantiating — papers need ■ not be-filed wlth-ihe-court unless so ordered-

(c) [No Change]

Committee Notes

Rule History

1991 Revision — 1992 Revision [No Change]

2010 Revision: Editorial-change in (b) to delete redundant language.

Statutory References

[No Change]

Rule References

[No Change]

RULE 5.710. REPORTS OF PUBLIC GUARDIAN

The public guardian, as the guardian of a ward, shall file:

(a) — (d) [No Change]

(e) a report of an independent audit by a qualified certified public accountant, filete be filed with the Statewide Public Guardianship Office every 2 years.

Committee Notes

Rule History

1987 Revision — 2007 Revision [No Change]

2010 Revision: Editorial change in (e).

Statutory Reference

[No Change]

Rule Reference

[No Change]

RULE 5.725. EMERGENCY COURT MONITOR

(a) — (b) [No Change]

(c) Duration of Authority. The authority of a monitor appointed under this section-expires 60 days after the date of appointment or upon a finding of no probable cause, whichever occurs first. The court may enter an order extending the authority of the monitor for an additional 30 days upon a showing that an emergency condition still exists.

(d) (f) [No Change]

Committee Notes

Rule History

2006 Revision — 2008 Revision [No Change]

2010 Revision: Editorial change in (c).

Statutory references

[No Change]


text:
    In re AMENDMENTS TO THE SUPREME COURT APPROVED FAMILY LAW FORMS.
    No. SC10-1947.
    Supreme Court of Florida.
    Dec. 2, 2010.
   PER CURIAM.

Pursuant to the procedures approved by this Court in Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 14 (Fla.2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and has determined that a new form for a writ of bodily attachment in connection with a court-ordered support obligation and minor amendments to existing forms 12.912(a) and 12.912(b), relating to parties in military service, should be adopted. Input on these issues was received from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, which provided valuable assistance. We have jurisdiction. See art. V, § 2(a), Fla. Const.

New form 12.962, Writ of Bodily Attachment, fills the need for a standard form in this area of the law and satisfies the requirements of section 61.11, Florida Statutes (2010). The amendments to existing form 12.912(a), Memorandum for Certificate of Military Service, correct contact information contained in the form and instructions that is outdated or incorrect and update the reference to the Servicemem-bers Civil Relief Act, formerly known as the Soldiers and Sailors Civil Relief Act of 1940. Email addresses and websites as well as explanatory language in the instructions to the form are also added.

The amendments to form 12.912(b) update the reference to the Servicemembers Civil Relief Act and change the title of the form to “Affidavit of Military Service.” Explanatory language is also added to the instructions, and the language of the form itself is revised.

The new and amended forms are adopted as set forth in the appendix to this opinion, fully engrossed, effective for immediate use. The forms may also be accessed and downloaded from the Florida State Court’s website at www.flcourts.org/ gen_public/family/forms_rules/index.shtml. By adoption of the new and amended forms, we express no opinion as to their correctness or applicability. We also direct that the new and amended forms be published for comment. Interested persons shall have sixty days from the date of this opinion to file comments with the Court.

It is so ordered.

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

APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.912(a), MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE (12/10)

When should this form be used?

This form should be used if you KNOW OR DO NOT KNOW whether the other party in your case is on active duty in a branch of the military service of the United States. “Active duty” includes reserve personnel of the Army, Navy, Air Force, Marine Corps, and Coast Guard, and members of the Florida National Guard who have been called to active duty for more than thirty (80) days. Even if you believe that the other party has never or would never join the military, you must show the court proof that he or she is not a member of the military. Therefore, you may need to use this form to provide the court with such proof. See the instructions for an Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b), for additional information.

Servicemembers Civil Relief Act (SCRA) Certificates

To obtain certificates of service or non-service under the Servicemembers Civil Relief Act (formerly known as Soldiers’ and Sailors’ Civil Relief Act of 1940) you may use the public website: https://www. dmdc.osd.mil/scra/owa/home. This website will provide you with the current active military status of an individual enlisted in the Army, Navy, Air Force, and Marines. You can also receive certificates from the individual services by sending your correspondence to the appropriate military office listed below. Fill out this form and mail one copy to each of the military offices at the addresses on the form. You may be charged a service fee by each military service branch for their response. To assist you in determining the amount of each military branch’s fee, phone numbers are listed below. You will need to call each number to find out their fee for this search.

COAST GUARD: USCG Commander, Personnel Service Center, Attn: PSD-MR, 4200 Wilson Blvd., Suite 1100, Arlington VA 22203, Phone (202) 493-1200 Arlington Va. 22203, Phone: (202) 493-1200, NOTE: All requests must be in writing. www.uscg.mil/hq/cgpc/home/locator/html.

AIR FORCE: HQ AFPC/DPDXIDL, Attn: World Wide Locator, 550 C Street, West, Suite 50, Randolph AFB, TX 78150-4752, Phone: (210) 565-2660, NOTE: Requests will be taken by phone, www.afpc. randolph.af.mil/library/airforcelocator.asp

NAVY: Bureau of Naval Personnel, PERS-312E, 5720 Integrity Drive, Mill-ington, TN 38055-3120, Phone: (901) 874-3388 NOTE: Requests will be taken by phone.

MARINE CORPS: CMC HQ (MMSB17), 2008 Elliot Road, Room 201, Quantico, VA 22134, Phone (703) 784-3941 NOTE: All requests must be in writing.

PUBLIC HEALTH SERVICE: Attn: Director, Division of Commissioned Corps Officer Support, http://dcp.psc.gov/acL search.asp NOTE: Please direct all inquiries to the website.

ARMY: Army World Wide Locator Service, Enlisted Records and Evaluation Center, 8899 East 56th Street, Indianapolis, IN 46249-5301, Phone: (1-866) 771-6357, fax (317) 510-3685 NOTE: All requests must be in writing

This form should be typed or printed in black ink. You should complete this form for each branch of the United States’ military listed above, and mail the form to each branch with a check for the appropriate amount and a stamped, self-addressed envelope. You should keep a copy of the form for your records. After you have received a verification of military status from each branch, you will need to attach those verifications to an Affidavit of Military Service, Florida Supreme Court Approved Family Law Form 12.912(b), for filing with the clerk.

Special notes...

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.

IN THE CIRCUIT COURT OF THE

JUDICIAL CIRCUIT,

IN AND FOR

_ COUNTY, FLORIDA

Case No.: _

Division: _

Petitioner,

and

Respondent.

MEMORANDUM FOR CERTIFICATE OF MILITARY SERVICE

TO: ( ) USCG Commander, Personnel Service Center, Attn: PSD-MR, 4200 Wilson Blvd, Suite 1100, Arlington, VA 22203

( ) HQ AFPC/DPDXIDL, Attn: World Wide Locator, 550 C. Street West, Suite 50, Randolph AFB, TX 78150-4752

( ) Bureau of Naval Personnel, PERS-312E, 5720 Integrity Drive, Millington, TN 38055-3120

( ) CMC, HQ, (MMSB17), 2008 Elliot Road, Room 201, Quantico, VA 22134

( ) Public Health Service: Attn: Director, Division of Commissioned Corps Officer Support http://dcp.psc. gov/ad_search.asp

( ) Army World Wide Locator Service, Enlisted Records and Evaluation Center, 8899 East 56th Street, Indianapolis, IN 46249-5301

RE: _

{Name of Respondent}

{Respondent’s Social Security Number }

This case involves a family matter. It is imperative that a determination be made whether the above-named individual, who has an interest in these proceedings, is presently in the military service of the United States, and the dates of induction and discharge, if any. This information is requested under the Servicemembers Civil Relief Act (formerly known as Soldiers’ and Sailors’ Civil Relief Act of 1940). Please supply verification as soon as possible. My check for $_for your search fee and a self-addressed, stamped envelope are enclosed.

Dated: _

Signature of Petitioner

Printed Name: _

Address: _

City, State, Zip: _

Telephone Number: _

Fax Number: _

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks]

I, {full legal name and trade name of nonlawyer }_, a nonlawyer, whose address is {street }-, {city }_, {state }_, {phone }_, helped {name }_, who is the petitioner, fill out this form.

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.912(b), AFFIDAVIT OF MILITARY SERVICE (12/10)

When should this form be used?

An Affidavit of Military Service is required in every case where the Respondent has not filed an answer or appearance. The purpose is to protect the men and women serving in the U.S. military from having a court judgment entered against them without first receiving notice of the lawsuit and a chance to defend the case.

You should use this form when ALL of the following statements are true:

• The other person in your case has been served, whether by personal service or constructive service.

• The other person in your case has not responded to your petition.

• You are requesting that the court enter a default judgment against the other person.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary public or deputy clerk. You must file the original of this form with the clerk of the circuit court when you file your Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a). You must also attach copies of all verifications of nonmilitary service that you received from each branch of the United States’ military service. You should keep a copy for your records.

Special notes...

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.

IN THE CIRCUIT COURT OF THE

JUDICIAL CIRCUIT,

IN AND FOR

_ COUNTY, FLORIDA

Case No.: _

APPENDIX — Continued

Division: _

AFFIDAVIT OF MILITARY SERVICE

I, {full legal name} -, am the Petitioner in this case. To support my application for a default judgment and to comply with the Servicemembers Civil Relief Act (formerly known as Soldiers’ and Sailors’ Civil Relief Act of 1940), I swear or affirm that the following information is true:

[please choose only one]

1. - I know of my own personal knowledge that the Respondent IS on active duty in the military service of the United States.

2. _ I know of my own personal knowledge that Respondent IS NOT now on active duty in the military service of the United States, nor has the Respondent been on active military service of the United States within a period of thirty (30) days immediately before this date. “Active Service” includes reserve members of the Army, Navy, Air Force, Coast Guard, and Marines who have been ordered to report for active duty and members of the Florida National Guard who have been ordered to report to active duty for a period of more than thirty (30) days.

3. _I have contacted the military services of the United States and the U.S. Public Health Service and have obtained certificates showing that the Respondent is not on active duty status. These certificates are attached.

4. _ I have attempted to determine the military status of the Respondent, but do not have sufficient information. This is what I have done to determine whether or not Respondent is on active duty in the United States military:

I have no reason to believe that s/he is on active duty at this time.

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated: _

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks]

I, {full legal name and trade name of nonlawyer },_, a nonlawyer, whose address is {street }-, {city }_, {state }_,{phone }_, helped {name }-, who is the petitioner, fill out this form.

IN THE CIRCUIT COURT OF THE

JUDICIAL CIRCUIT,

IN AND FOR

_ COUNTY, FLORIDA

Case No: _

Division: _

WRIT OF BODILY ATTACHMENT

(Child Support)

TO ALL AND SINGULAR SHERIFFS AND OTHER AUTHORIZED LAW ENFORCEMENT PERSONNEL OF THE STATE OF FLORIDA YOU ARE ORDERED to take into custody _ (see attached Description Sheet) and confine him/ her in the county jail. The individual failed to appear before the court as ordered, failed to appear at a properly noticed hearing, and/or failed to comply with the previous order of the court which is attached and incorporated herein.

Service of this writ may be made on any day of the week and any time of the night or day, including Sunday and holidays.

YOU ARE FURTHER DIRECTED to bring this person before the court within 48 hours of execution of the writ for a hearing to determine the individual’s present ability to pay support and, if so, whether the failure to pay such support is willful, pursuant to Rule 12.615(c)(2)(B), Florida Family Law Rules of Procedure.

NOTICE OF EXECUTION OF THIS WRIT SHALL IMMEDIATELY BE GIVEN TO THE FOLLOWING:

[choose all that apply]

_ The Office of the Judge/General

Magistrate/Child Support Hearing Officer:

_ Counsel for the Department of

IT IS FURTHER ORDERED that the individual may purge this contempt and be immediately released from custody at any time by the payment of the sum of $_, which includes (if applicable):

$_, unpaid support,

$_, Sheriffs fee,

$_, Department of Revenue costs.

The court previously found in this proceeding that the individual had the ability to pay said sum. The Sheriff, or other authorized law enforcement personnel, executing this writ or having custody of the individual is authorized to assess and collect the actual costs associated with service of this writ and transportation of the individual pursuant to Section 61.11(2)(a), Florida Statutes.

PAYMENT SHALL BE MADE to the Sheriff of _ County, Florida and shall be in the form of cash, cashier’s check, certified funds, or money order. The purge payment clearly marked with the individual’s name and case number, and denoted as a purge payment shall be remitted, [choose all that apply]:

_ The Office of the Clerk of Circuit

Court for_, County,

_ The State of Florida Disbursement Unit, P.O. Box 8500, Tallahassee, FL 32814-8500.

_ Other_

The Sheriffs office, or other authorized law enforcement personnel’s office, receiving payment shall provide the individual with a written receipt acknowledging payment. The receipt must be carried by the individual for a period of at least 30 days as proof of payment.

If the individual pays the purge and secures his/her release, the Sheriff shall immediately notify:

THIS ORDER SUPERSEDES ALL PRIOR CONFLICTING ORDERS.

DONE AND ORDERED in_

County, Florida this _ day of

_, 20_

CIRCUIT JUDGE

Copies furnished to:

      . An original and nine paper copies of all comments must be filed with the Court on or before January 31, 2011, 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. Electronic copies of all comments also must be filed in accordance with the Court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).


author: SCHWARTZ, Senior Judge. COPE, J.

text:
    Hazel LAW-YUE, et al., Appellants, v. MIAMI RIVER, L.L.C., Appellee.
    No. 3D09-2243.
    District Court of Appeal of Florida, Third District.
    Oct. 20, 2010.
    Rehearing and Rehearing En Banc Denied Jan. 27, 2011.
    Robert H. Cooper, Aventura, for appellants.
    Murai Wald Biondo & Moreno and Lynette Ebeoglu McGuinness, Miami, for ap-pellee.
    Before COPE and SALTER, JJ., and SCHWARTZ, Senior Judge.
   SCHWARTZ, Senior Judge.

There is no error in the trial court’s dismissal of all pertinent counts of the appellants-buyers’ complaint for the return of their deposits and cancellation of their preconstruction contracts for the purchase of condominium units in a later completed building. See Garcia v. Swire Pac. Holdings, Inc., 2010 WL 1524230, 5 (S.D.Fla. April 14, 2010); Weaver v. Opera Tower, LLC 2008 WL 4145520, 1 (S.D.Fla. Aug. 1, 2008); Se. Fla. Laborers Dist. Health & Welfare Trust Fund v. Phillip Morris, Inc., 1998 WL 186878 (S.D.Fla., April 13, 1998); Fladell v. Palm Beach County Canvassing Bd. 772 So.2d 1240, 1242-1243 (Fla.2000); Ginsberg v. Lennar Fla. Holdings, Inc., 645 So.2d 490, 494 (Fla. 3d DCA 1994); Health Application Sys., Inc. v. Hartford Life & Accident Ins. Co., 381 So.2d 294, 297 (Fla. 1st DCA 1980); Harry Pepper & Assoc., Inc. v. Lasseter, 247 So.2d 736 (Fla. 3d DCA 1971).

Nor do we agree that the trial court erred in offsetting the attorney’s fees which the defendant recovered under the contract against the amount of the deposit over the 15% purchase price, to which the plaintiffs were entitled. See TRG-Brickell Point NE, Ltd. v. Wajsblat, 34 So.3d 53, 55 (Fla. 3d DCA 2010); Terra-Adi Intern. Bayshore, LLC v. Georgarious, 20 So.3d 987 (Fla. 3d DCA 2009). As the court in Nationwide Mut. Fire Ins. Co. v. Voigt, 21 So.3d 895, 896 (Fla. 2d DCA 2009), concluded: “The sanction awards and the $50,000 judgment arise from one proceeding, and there is no reason that the sanction awards against Voigt should not be offset against the $50,000 judgment in her favor.” See also Lombardo v. Haige, 971 So.2d 1037, 1038-39 (Fla. 2d DCA 2008) (recognizing the propriety of setting off a separate fees and costs order in favor of the tenant against a judgment for unpaid rent in favor of the landlord); Angel Home Health Care, Inc. v. Mederi of Dade County, Inc., 696 So.2d 487, 488 (Fla. 3d DCA 1997) (reversing and remanding for entry of a net judgment rather than a judgment for damages for breach of contract in favor of the plaintiff and a separate judgment on a counterclaim for damages for fraud in favor of the defendant).

Affirmed.

SALTER, J., and SCHWARTZ, Senior Judge, concur.

COPE, J.

(concurring in part and dissenting in part).

Several counts of the amended complaint state a cause of action. We should remand for further proceedings.

I.

In 2005, the plaintiffs-appellants entered into pre-construction contracts to purchase units in a condominium called The Ivy, to be constructed by defendant-appel-lee Miami River, L.L.C. The buyers posted deposits. Subsequently the buyers requested cancellation of their contracts and return of their deposits. The developer refused.

The buyers filed suit alleging multiple causes of action. The developer moved to dismiss the amended complaint with prejudice. The trial court granted the motion with respect to all counts except count twelve, and entered a summary judgment on count twelve. The buyers have appealed.

II.

“The function of a motion to dismiss a complaint is to raise as a question of law the sufficiency of the facts alleged to state a cause of action. For the purpose of passing upon a motion to dismiss the Court must assume all facts alleged in the complaint to be true.” Connolly v. Sebeco, Inc., 89 So.2d 482, 484 (Fla.1956). In considering the motion to dismiss, “[T]he court was required to resolve every reasonable conclusion or inference in favor of Appellants, as the non-moving party.” Meyers v. City of Jacksonville, 754 So.2d 198, 202 (Fla. 1st DCA 2000). The trial court “must accept [the] allegations as true, and may not speculate as to what the true facts may be or what facts may ultimately be proved in the trial of the cause.” Lopez-Infante v. Union Central Life Ins. Co., 809 So.2d 13, 15 (Fla. 3d DCA 2002).

Count one of the amended complaint alleged that the developer had violated the antifraud provision of the Florida Condominium Act by publishing false and misleading information. The statute provides protection for condominium purchasers as follows:

718.506 Publication of false and misleading information.—
(1) Any person who, in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, pays anything of value toward the purchase of a condominium parcel located in this state shall have a cause of action to rescind the contract or collect damages from the developer for his or her loss prior to the closing of the transaction.

§ 718.506(1), Fla. Stat. (2005) (emphasis added).

The amended complaint alleges:

11. At the time the contracts were entered into between Defendant MIAMI RIVER, LLC and the Plaintiffs, the condominium brochures and prospectuses advertised certain features the condominiums would possess.
12. The Plaintiffs relied on advertisements on Defendant MIAMI RIVER, LLC’s website www. theivymiami.com that THE IVY would include an exclusive “13.5 acre lushly landscaped oasis”, but instead the landscaped oasis is shared amongst two other condominiums. This false advertising misled the Plaintiffs to sign their respective contracts.
13. The Plaintiffs relied on advertisements on Defendant MIAMI RIVER, LLC’s website www. theivymiami.com that THE IVY would include meditation gardens and a marina, but the developer is delaying delivery of these amenities until after The Mint, currently an unfinished neighboring Condo, is completed. This false advertising misled the Plaintiffs to sign their respective contracts.
14. The Defendant MIAMI RIVER, LLC falsely advertised to Plaintiffs that THE IVY would include a fitness gym and a spa, but the developer unilaterally decided to move these amenities to The Mint condominium. This false advertising misled the Plaintiffs to sign their respective contracts.
15. As a result of these misleading publications by Defendant MIAMI RIVER, LLC, the Plaintiffs have a cause of action to rescind the contracts or collect damages from Defendant MIAMI RIVER, LLC for its losses prior to the closing of the transaction, pursuant to Florida Statutes § 718.506(1).

The Agreements (or relevant excerpts) are attached to the amended complaint.

For purposes of the motion to dismiss, the developer has assumed that paragraphs 12-14 each state an actionable fraud. The developer makes a generic argument, applicable to the entire amended complaint, that “Appellants make no claims of developer misconduct or some other legitimate grievance.” On the contrary, count one alleges fraud.

The developer argues that the “Appellants simply filed their lawsuit to avoid their contractual obligations due to a slump in the real estate market.” The argument has no legal significance. The question is whether the amended complaint states a cause of action. The statute creates a remedy for false and misleading statements in advertising and promotional materials. If, in fact, the developer has violated the statute and the buyers satisfy the statutory elements, the buyers are entitled to statutory relief.

The developer argues that the Agreement between the parties negates the statutory cause of action. Paragraph 43 of the Agreement states in part, “Purchaser acknowledges that the primary inducement for him to purchase under this Agreement is the Unit, itself, and not the recreational amenities and other Common Elements.” This portion of the Agreement has no bearing on the statutory cause of action. The antifraud statute does not have a concept of “primary inducement” versus “secondary inducement.” Under the statute, a buyer who reasonably relies on materially false or misleading advertising and promotional materials has a cause of action.

The developer next argues that the cause of action is precluded because paragraph 42 of the Agreement, entitled “Representations,” states in part:

This Agreement contains the entire understanding between Purchaser and Seller, and Purchaser hereby acknowledges that the displays, architectural models, artist renderings and other promotional materials and brochures contained in the sales office and model suite are for promotional purposes only and may not be relied upon. Without limiting the foregoing, Purchaser acknowledges that brochures may discuss proposed amenities which will not be constructed.... Purchaser acknowledges that the Seller may modify the development plan for the Community, including modifications to the recreational facilities described in the Condominium Documents.

This part of the Agreement does not rule out the plaintiffs’ cause of action.

These contracts were pre-construction contracts. No building had been built. The only way that buyers could know what they were buying was by looking at the information provided by the developer. Paragraph 42 contains promises of future action.

What paragraph 42 cannot and does not do, however, is eliminate the buyer’s protection in cases of fraud. Section 718.506 is a remedial statute. The Florida Condominium Act states, “A provision of this chapter [718] may not be waived if the waiver would adversely affect the rights of a unit owner or the purpose of the provision....” § 718.303(2), Fla. Stat. (2005). A contractual provision is unenforceable where “it defeats the remedial provisions of a statute, and is thus contrary to public policy.” Blankfeld v. Richmond Health Care, Inc., 902 So.2d 296, 299 (Fla. 4th DCA2005).

The allegation here is that the developer made material misrepresentations that this condominium would have 13.5 acres of grounds, whereas the grounds are shared with two other condominium buildings; that there would be a meditation garden and marina, but there are not; and that the building was to contain a gym and spa, but does not.

“An action for fraud ... must be based on a statement concerning a past or existing fact. However, a promise as to future conduct may serve as a predicate for a claim of fraud if such promise is made without any intention of performing or with the positive intention not to perform.” 27 Fla. Jur.2d Fraud and Deceit § 27 (2010) (footnotes omitted); see Home Seekers’ Realty Co. v. Menear, 102 Fla. 7, 135 So. 402, 402-03 (1931); Weldon v. Wyche, 863 So.2d 395, 396 n. * (Fla. 3d DCA 2003); Mejia v. Jurich, 781 So.2d 1175, 1177 (Fla. 3d DCA 2001); Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So.2d 168, 172 (Fla. 4th DCA 1995); Capital Bank v. MVB, Inc., 644 So.2d 515, 521 (Fla. 3d DCA 1994); Vance v. Indian Hammock Hunt & Riding Club, Ltd., 403 So.2d 1367, 1372 (Fla. 4th DCA 1981).

As summarized in the standard jury instructions, the elements of a fraudulent misrepresentation are:

First, whether (defendant) [intentionally] made a false statement concerning a material fact;
Second, whether (defendant) knew the statement was false when [he][she][it] made it or made the statement knowing [he][she][it] was without knowledge of its truth or falsity;
Third, whether in making the false statement, (defendant) intended that another would rely on the false statement;
Fourth, whether (claimant) relied on the false statement; and
Fifth, whether (claimant) suffered [loss][injury][or][damage] as a result.

Fla. Std. Jury Instr. (Civ.) MI8.1 (footnote omitted).

In order to prevail on this claim, the plaintiffs must establish that the representation was untrue when made or, alternatively, there was a promise of future conduct which was made without any intention of performing, or with the positive intention not to perform. The quotation from paragraph 42 of the Agreement does not address this issue.

Count I states a cause of action. Whether the alleged misrepresentations were material, and whether the plaintiffs reasonably relied on those representations, is not a matter which can be determined from the face of the amended complaint. Count I should not have been dismissed.

III.

In count II the plaintiffs requested a declaratory judgment that the Agreement is illusory, lacks mutuality of obligation, and is unenforceable. Paragraph 14 of the Agreement states:

14. Construction Specifications. The Unit and the Condominium will be constructed in substantial accordance (in Seller’s opinion) with the plans and specifications therefor kept in Seller’s construction office, as such plans and specifications are amended from time to time. Seller may make such changes in the plans and specifications that it deems appropriate at any time, to accommodate its in the field construction needs (as more fully discussed in this paragraph 14) and in response to recommendations or requirements of local, state or federal governmental or quasi-governmental agencies or applicable utility and/or insurance providers, and Purchaser agrees that any changes made in accordance with the foregoing shall not be deemed material in a manner which is adverse to the offering of the Unit. Such plans and specifications, as they are so amended, are referred to in this Agreement as “Seller’s Plans and Specifications”. Without limiting Seller’s general right to make changes, Purchaser specifically agrees that the changes described above and changes in the dimensions of rooms, patios and balconies, in the location of windows, doors, walls, partitions, utility (including, but not limited to, television and telephone) lead-ins and outlets, air-conditioning equipment, ducts and components, lighting fixtures and electric panel boxes, and in the general layout of the Unit and Condominium, may be made by Seller in its discretion and that such changes shall not be deemed material or adverse to Purchaser. In furtherance of the understanding and agreement stated above, Purchaser acknowledges and agrees that it is a widely observed construction industry practice for pre-construction plans and specifications for any unit or building to be changed and adjusted from time to time in order to accommodate on-going, “in the field” construction needs. These changes and adjustments are essential in order to permit all components of the Unit and the Building to be integrated into a well-functioning and aesthetically pleasing product in an expeditious manner. Because of the foregoing, Purchaser acknowledges and agrees that it is to Purchaser’s benefit to allow Seller the flexibility to make such changes in the Unit and the Condominium. Purchaser further acknowledges and agrees that (i) the plans and specifications for the Unit and the Condominium on file with the applicable governmental authorities may not, initially, be identical in detail to Seller’s Plans and Specifications, and (ii) because of the day-to-day nature of the changes described in this paragraph 14, the plans and specifications on file with applicable governmental authorities may not include some or any of these changes (there being no legal requirement to file all changes with such authorities). As a result of the foregoing, Purchaser and Seller both acknowledge and agree: The Unit and the Condominium may not be constructed in accordance with the plans and specifications on file with applicable governmental authorities. Without limiting the generality of paragraph 33, Seller disclaims and Purchaser waives any and all express or implied warranties that construction will be accomplished in compliance with such plans and specifications. Seller has not given and Purchaser has not relied on or bargained for any such warranties. In furtherance of the foregoing, in the event of any conflict between the actual construction of the Unit and/or the Building, and that which is set forth on the plans, Purchaser agrees that the actual construction shall prevail and to accept the Unit and Building as actually constructed (in lieu of what is set forth on the plans).
Purchaser understands and agrees that in designing the Condominium, the stairwells within the Condominium Property were intended solely for ingress and egress in the event of emergency and as such are constructed and left unfinished solely as to be functional for said purpose, without regard to the aesthetic appearance of said stairwells. Similarly, the garage and utility pipes serving the Condominium are intended solely for functional purposes and as such will be left unfinished without regard to the aesthetic appearance of same. The foregoing is not intended to prohibit the use of the stairwells, garage, and utility pipes for any other legal purpose. Further, Purchaser hereby acknowledges and agrees that sound transmission in a high-rise building such as the Condominium is very difficult to control, and that noises from adjoining or nearby Units and/or mechanical equipment can often be heard in other Units. Without limiting the generality of paragraph 14, Seller does not make any representation or warranty as to the level of sound transmission between and among Units and the other portions of the Condominium Property, and Purchaser hereby waives and expressly releases any such warranty and claim for loss or damages resulting from sound transmission. Lastly, Purchaser understands and agrees that there are various methods for calculating the square footage of a Unit, and that depending on the method of calculation, the quoted square footage of the Unit may vary by more than a nominal amount. Additionally, as a result of in the field construction and other permitted changes to the Unit, as more fully described in this Section, actual square footage of the Unit may also be affected. Accordingly, during the pre-closing inspection, Purchaser should, among other things, review the size and dimensions of the Unit. By closing, Purchaser shall be deemed to have conclusively agreed to accept the size and dimensions of the Unit, regardless of any variances in the square footage from that which may have been disclosed to Purchaser at any time prior to closing, whether included as part of Seller’s promotional materials or otherwise. Without limiting the generality of any other provision of this Agreement, Seller does not make any representation or warranty as to the actual size, dimensions or square footage of the Unit, and Purchaser hereby waives and expressly releases any such warranty and claim for loss or damages resulting from any variances between any represented or otherwise disclosed square footage and the actual square footage.
Purchaser further agrees and understands that trees and landscaping which are located on portions of the Condominium Property may be removed to accommodate construction. Seller does not guaranty the survival of any trees and landscaping which are left or planted on any portion of the Condominium Property-
Subject to the provisions herein and in the Declaration, Seller will construct the Condominium and the infrastructure needed for construction of the roads, water systems, sewer system, electrical system and telephone system.
The agreements and waivers of Purchaser contained in this paragraph will survive (continue to be effective after) closing.

(Emphasis added).

Based on the foregoing language, it is difficult to see that the developer has actually committed itself to do anything specific. According to the Agreement, the developer can unilaterally modify the dimensions, square footage, and layout of the condominium units at will, and need not even reflect those changes on the plans and specifications. The question of whether the developer has substantially complied with its obligations is a matter of “Seller’s opinion.” Counts II and III state a cause of action. See Rosenberg v. Lawrence, 541 So.2d 1204, 1206 (Fla. 3d DCA 1988). “Likewise, a promise to erect a building whose dimensions and plans were not specified ... has been held too indefinite for enforcement.” 1 Richard A. Lord, Williston on Contracts § 4:26, at 786 (4th ed. 2010)., “[A] reservation in either party of a future unbridled right to determine the nature of the performance ... has often caused a promise to be too indefinite for enforcement.” Id. § 4.21, at 644-48.

IV.

The amended complaint alleges violations of the Interstate Land Sales Act (“ILSA”). Plaintiff Henao is entitled to reversal of the order dismissing her claim. Her counsel sent a demand letter to the developer (attached to the amended complaint) within the two-year period for raising an ILSA claim, and the letter sufficiently raised the ILSA issue.

ILSA “requires the consumer to be furnished with a property report ‘in advance of the signing of any contract or agreement.’ ” Richard Linquanti, Aspects of the Interstate Land Sales Full Disclosure Act, 44 Real Prop. Tr. & Est. L.J. 441, 479 (2009). “[Djevelopers should separate the delivery of the property report from the contract signing by at least a sufficient amount of time for the purchaser to have the opportunity to read the property report.” Id. Plaintiff Henao has alleged in count VIII that the developer failed to provide the property report in advance and therefore the developer breached this provision.

ILSA also requires that “the contract provide a legal description in a form capable of recording.” Id. at 488. This “can be a problem if the condominium declaration has not yet been recorded and the contract description refers to the unit by reference to the declaration.” Id. In count VII, plaintiff Henao has alleged a breach of this ILSA requirement. It cannot be ascertained from the face of the amended complaint and Agreement whether the developer complied with ILSA on this point. A determination of this issue will require expert testimony. This count of the amended complaint likewise states a cause of action and should not have been dismissed.

V.

The dismissal order should be reversed with respect to the counts discussed above. It follows that the summary judgment regarding attorneys’ fees should also be reversed. I concur in affirming on the remaining counts.

      . Paragraph 17 of the parties’ agreement provides:

        Litigation. In the event of any litigation between the parties under this Agreement, the prevailing party shall be entitled to reasonable attorneys’, paralegals’ and paraprofessionals’ fees and court costs at all trial and appellate levels. This paragraph will survive (continue to be effective after) any termination of this Agreement, but shall otherwise be deemed merged into the deed at closing.

      . Paragraph 13 of the parties' agreement provides:
      If purchaser defaults after fifteen percent (15%) of the Purchase Price, exclusive of interest, has been paid, Seller will refund to the Purchaser any amount which remains from the payments Purchaser made after subtracting fifteen percent (15%) of the Purchase Price, exclusive of interest.

      . Although the developer has not raised the point, paragraphs 13 and 14 both allege that after the Agreements were entered into, the developer delayed delivery of the meditation gardens and marina (paragraph 13) and decided to move the fitness gym and spa to The Mint condominium (paragraph 14). As written, paragraphs 13 and 14 complain about conduct occurring after the signing of the Agreements and do not contain allegations that would constitute an actionable fraud. The developer apparently made the tactical judgment not to challenge these counts for deficient pleading. Had the developer done so, the plaintiffs would have been granted leave to amend. Because the developer has not challenged the legal sufficiency of the fraud allegations, for present purposes it must be assumed that the elements of a cause of action under section 718.506 have been sufficiently alleged.

      . Whether the problem was cured by part performance prior to the request for rescission cannot be determined from the amended complaint. See id. at 650-55.

      . The Florida Bar standard form is a striking contrast to the contract at issue here. The Florida Bar form provides:
      CONSTRUCTION. SELLER hereby agrees to construct on and within the unit one model single-family dwelling (the "dwelling”) substantially in accordance with SELLER’S plans and specifications, subject to the availability of labor and materials. The temporary or permanent certificate of occupancy from the applicable governmental authority shall be final with respect to completion and compliance. The estimated latest date of completion of construction of the dwelling is SELLER agrees that it will use its best efforts to complete construction by that date. BUYER acknowledges and agrees that that completion date is not guaranteed and is not the essence of this contract. Under no circumstances shall SELLER be liable for any damages or inconvenience caused to BUYER because of the failure to complete construction by that date, regardless of the cause for the delay. Notwithstanding anything contained herein to the contrary, SELLER unconditionally agrees to' complete the unit within a period of two years from the date of this contract. This two-year period, however, may be extended due to acts of God, or any other event constituting an impossibility of performance under Florida law. With respect to SELLER’S two-year completion obligation, nothing contained herein shall restrict BUYER’S right to seek specific performance or any other remedy if BUYER is entitled to these remedies by operation of law.
      SELLER reserves the right to make minor architectural, structural, or design modifications or changes in the dwelling or common elements as it deems necessary or desirable, and BUYER agrees to close notwithstanding these modifications and changes, as long as the modifications and changes do not alter the overall size or integrity of the unit and any changes are such that the materials are at least of equal quality.
      The Florida Bar, Florida Condominium and Community Association Law § 7.16 (2007).

      . The letter sent by plaintiff Law-Yue (attached to the amended complaint) was not sufficient to raise an ILSA claim.