source: Caselaw Access Project

author: PER CURIAM.

license: Public Domain

text:
    In re AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.130.
    No. SC11-2373.
    Supreme Court of Florida.
    March 8, 2012.

      Donald E. Scaglione, Chair, Criminal Procedure Rules Committee, Fifth Judicial Circuit, Brooksville, FL, John F. Harkness, Jr., Executive Director, and Krys Godwin, Staff Liaison, The Florida Bar, Tallahassee, FL, for Petitioner.
   PER CURIAM.

The Florida Bar’s Criminal Procedure Rules Committee (Committee) has filed an out-of-cycle, fast-track report for consideration of proposed amendments to Florida Rule of Criminal Procedure 3.130 to conform the rule to recent legislation. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(e).

The Committee proposes two amendments to rule 3.130, First Appearance — to subdivision (b), Advice to Defendant, and to subdivision (d), Pretrial Release. The proposals are in response to recent amendments to section 948.06(l)(d), Florida Statutes (2010), see ch.2011-38, § 2, Laws of Fla., which went into effect on October 1, 2011. See ch.2011-38, § 3, Laws of Fla.

After considering the Committee’s proposals and reviewing the relevant legislation, we adopt the amendments as proposed by the Committee. Under section 948.06(l)(d)l.a., as amended, a defendant who is arrested for violating his or her probation or community control in a material respect by committing a new violation of law shall be informed at a first appearance hearing of the violation. Rule 3.130(b) (Advice to Defendant) is amended to reflect this requirement. In addition, sections 948.06(l)(d)2. and 3., as amended, identify factors the court may consider at the first appearance pertaining to pretrial release. Rule 3.130(d) (Pretrial Release), is amended to expressly include those factors.

Accordingly, Florida Rule of Criminal Procedure 3.130 is hereby amended as reflected in the appendix to this opinion. New language is underscored. These amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.

It is so ordered.

PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.

CANADY, C.J., dissents.

APPENDIX

RULE 3.130. FIRST APPEARANCE

(a) [No Change]

(b) Advice to Defendant. At the defendants first appearance the judge shall immediately inform the defendant of the charge, including an alleged violation of probation or community control and provide the defendant with a copy of the complaint. The judge shall also adequately advise the defendant that:

(l)the defendant is not required to say anything, and that anything the defendant says may be used against him or her;

(2) if unrepresented, that the defendant has a right to counsel, and, if financially unable to afford counsel, that counsel will be appointed; and

(3) the defendant has a right to communicate with counsel, family, or friends, and if necessary, will be provided reasonable means to do so.

(c) [No Change]

(d) Pretrial Release. The judicial officer shall proceed to determine conditions of release pursuant to rule 3.131. For a defendant who has been arrested for violation of his or her probation or community control by committing a new violation of law, the judicial officer:

(1) May order the offender to be taken before the court that granted the probation or community control if the offender admits the violation;

(2) If the offender does not admit the violation at first appearance hearing, the judicial officer may commit and order the offender to be brought before the court that granted probation or community control, or may release the offender with or without bail to await further hearing, notwithstanding section 907.041, Florida Statutes, relating to pretrial detention and release. In determining whether to require or set the amount of bail, the judicial officer may consider whether the offender is more likely than not to receive a prison sanction for the violation.

Committee Notes

[No Change]

      . An original and nine paper copies of all comments must be filed with the Court on or before May 7, 2012, with a certificate of service verifying that a copy has been served on the committee chair, Judge Donald E. Sca-glione, 20 N. Main St., Room 359, Brooks-ville, FL 34601-2817, 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. The committee chair has until May 28, 2012, to file a response to any comments filed with the Court. Electronic copies of all comments and responses 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).


text:
    Jason Paul BOUDREAUX, Petitioner, v. STATE of Florida, Respondent.
    No. SC10-2069.
    Supreme Court of Florida.
    March 8, 2012.
    Adam Scott Tanenbaum, Rachel May Zysk, and Leah A. Sevi of Carlton Fields, P.A., Tampa, FL, for Petitioner.
    Pamela Jo Bondi, Attorney General, and Meredith Charbula, Assistant Attorney General, Tallahassee, FL, for Respondent.
   PER CURIAM.

We initially accepted jurisdiction to review Boudreaux v. State, 45 So.3d 36 (Fla. 1st DCA 2010), review granted, 58 So.3d 260 (Fla.2011) (table), on the basis that the decision of the district court expressly and directly conflicts with a decision of this Court and the decision of another district court of appeal. After further consideration, we have decided to discharge as improvidently granted. Accordingly, we dismiss this case.

It is so ordered.

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


text:
    Gary BERNE, Petitioner, v. FLORIDA DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES, Respondent.
    No. SC10-2460.
    Supreme Court of Florida.
    March 8, 2012.
    Stuart I. Hyman, P.A., Orlando, FL, for Petitioner.
    Stephen D. Hurm, General Counsel, Jason Helfant and Heather Rose Cramer, Assistant General Counsel, Department of Highway Safety and Motor Vehicles, Lake Worth, FL, for Respondent.
   PER CURIAM.

We initially accepted jurisdiction to review Florida Department of Highway Safety & Motor Vehicles v. Berne, 49 So.3d 779 (Fla. 5th DCA 2010), review granted, 65 So.3d 515 (Fla.2011) (table), on the basis that the decision of the district court expressly and directly conflicts with a decision of this Court and the decision of another district court of appeal. After further, full consideration, we have determined that we should exercise our discretion and discharge jurisdiction. Accordingly, we dismiss this case.

It is so ordered.

LABARGA and PERRY, JJ., concur.

CANADY, C.J., PARIENTE, and POLSTON, JJ., concur in result.

LEWIS and QUINCE, JJ., dissent.


text:
    In re AMENDMENTS TO the FLORIDA FAMILY LAW RULES OF PROCEDURE.
    No. SC11-40.
    Supreme Court of Florida.
    March 15, 2012.
    Steven P. Combs, Chair, Family Law Rules Committee, Jacksonville, Florida, and John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee, FL, for Petitioner.
    Richard A. Motley, Bay Area Legal Services, Inc., New Port Richey, FL, Responding with comments.
   PER CURIAM.

The Family Law Rules Committee (Committee) filed its regular-cycle report proposing amendments to the Florida Family Law Rules of Procedure and forms. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Committee’s proposals were published for comment in February 2011. One comment was filed with the Court, relating only to the proposed amendment to rule 12.070, and the Committee filed a response. Oral argument in this matter was held on June 7, 2011.

Upon consideration of the Committee’s Report, the comment filed and the Committee’s response thereto, and the parties’ presentations at oral argument, we adopt the amendments to forms 12.913(a) (Notice of Action for Dissolution of Marriage), 12.913(b) (Affidavit of Diligent Search and Inquiry), and 12.913(c) (Affidavit of Diligent Search) as proposed by the Committee. We also adopt new form 12.913(a)(2) (Notice of Action for Family Cases With Minor Child). However, due to the substantial concerns raised by the comment and at oral argument in this case, we decline to adopt the proposed amendment to rule 12.070 (Process).

The Committee also proposed new rule 12.745 (Collaborative Process Rule) setting forth a protocol for participation in the “collaborative law process.” In its report, the Committee explains that the collaborative law process is a contractual, voluntary, nonadversarial dispute resolution process used in dissolution of marriage cases. While we commend the Committee for its study of the collaborative law process and its work in proposing this rule, we decline to adopt the proposed rule at this time. Given the possibility of legislative action addressing the use of the collaborative law process in Florida and the fact that certain foundations, such as training or certification of attorneys for participation in the process, have not yet been laid, we conclude that the adoption of a court rule on the subject at this time would be premature.

Accordingly, the Florida Family Law Rules of Procedure Forms and the Florida Supreme Court Approved Family Law Forms are hereby amended as set forth in the appendix to this opinion. The new and amended forms are fully engrossed. These amendments are effective, nunc pro tunc, January 1, 2012, at 12:01 a.m.

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 12.913(a)(1), NOTICE OF ACTION FOR DISSOLUTION OF MARRIAGE (NO CHILD OR FINANCIAL SUPPORT) (03/12)

When should this form be used?

This form may be used to obtain constructive service (also called service by publication) in a dissolution of marriage case that does not involve a minor child or financial support if you do not know where your spouse lives or if your spouse lives outside Florida and you are unable to obtain personal service. Constructive notice will allow the court to dissolve the marriage, but personal service is required before a court can order payment of financial support, such as spousal support (alimony) or costs. If you are asking the court to decide how real or personal property located in Florida should be divided, the Notice of Action must include a specific description of the property. If you use constructive service, the court can grant only limited relief because its jurisdiction is limited. This is a complicated area of the law and you should consult an attorney before using constructive service.

You should complete this form by typing or printing the appropriate information in black ink. You should insert your spouse’s name and last known address and then file this form with the clerk of the circuit court in the county where your petition for dissolution of marriage was filed. You must also complete and file an Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.918(b). You should keep a copy for your records.

After the Affidavit of Diligent Search and Inquiry, Florida Family Law Rules of Procedure Form 12.913(b), is filed, the clerk will sign this form. The form must then be given to a qualified local newspaper in the county where the case is pending to be published once each week for four consecutive weeks. When in doubt, ask the clerk which newspapers in your area are “qualified.” The newspaper will charge you for this service. If you cannot afford to pay the cost of publication of this notice in a qualified newspaper, you may ask the clerk to post the notice at a place designated for such postings. You will need to file an Application for Determination of Civil Indigent Status, which you can obtain from the clerk. If the clerk determines that you cannot afford these costs, the clerk will post the notice of action. If your case involves termination of a legal father’s parental rights when another man is alleged to be the biological father, you need to publish the notice only in the county where the legal father was last known to have resided. You are responsible for locating a “qualified” newspaper in the county where the other party last resided and paying the cost of publication.

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 rule 12.070, Florida Family Law Rules of Procedure, and chapter 49, Florida Statutes.

Special notes ...

If the other party fails to respond to your petition within the time limit stated in the notice of action that is published or posted, you are entitled to request a default. (See Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), and Default, Florida Supreme Court Approved Family Law Form 12.922(b).)

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.

Iff THE Cf RCUfT COURT OF THE m ano ros _ iWOKW CIRCUIT, COUNTY, FLORIDA

Cese «0.;

Division:.

Petitioner arstí Respondent.

NOTICE OP ACTION FOR BlSSOLtttiQN OF MARRIAGE (NO CHIU) OR FINANCIAL SUPPORT)

TO: Irtutne o/ ftesñoadentí. . . ..

{Responden?* tost knows address} _ .__

YOU ARS NOTIFIED tftM art tettoir fur trHsc lotion of manr1;;R<; b¡" hsorr filed against you &rsd dial you are required to serve n copy of your wrl ifei defenses, if any, to it ⅜¶ (name of Petitioner} whose addrassk . ...____ on or before Mate} and ⅛ the original with the Hoik of this Court at {clerk’s cud-ess} ¡before service an Petittotitsr yri;.eJtetely thereafter. If you fail to tits ⅞⅜,⅜ default may be entered ogstost you for the mttoi demanded ⅛ the petition-»

The aefun ⅛ asking tító court to d acids how the ⅛⅛⅜,⅝ real or personal property should be divided: {insert Ytow" ⅜ 1/ dppfsmble, the ⅝⅛ description of c$ti propel a specific description of pemaiun property, and the name of the cotmty florida where the pi operty & located)

Copies of Mi court documents In tills case, ineJadteg orders, are available at the Clerk of the Circuit Court's office, Yea may review these documents upon request,

You must keep the Clerk of the Circuit Court's office notified of your current address. {You may file Notice of Current Address, Florida Supreme Court Approved family taw Form 12315.) Future papers ft» this lawsuit will be matted to the address on record at the cterf* office.

WARNINGS Rule 12.28S, ⅝⅛ Family l aw Rule* of Procedure, recluiros certain automatic disclosure of documents and Information, Failure to comply can result ⅜ sanctions, including dismissal or striking of pleadings.

Fiortate Supreme Conn Approved ¡teftóhr taw Form I2.513ia5fli, Hatit? of Aitteri far Btesfoiten cf Marriage (No Child or ffcaticN Support) i&J/J2)

Dated*. CLERK OF THE CIRCUIT COURT

Bsr.

Deputy Cterk

IF A NONIAWYER HEU>0t> you BUL OUT THIS FORM, HE/SHE MUST Fill IN THE BLANKS BELOW: {fill in alt blank s|

l, [full tegai name and trade name of nanlaivyer}.... ⅜ nentewyer, located at (street) , (city) . {state) , ínfima) helped (name)_ . who fe the petitioner, fill out this Form.

FI«<da Supreme Court Approved Family taw Farm 12.31⅜⅜& Notice of Action for Dissolution of Marriage (Ko Child or «modal Support) (01/12)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.913(a)(2), NOTICE OF ACTION FOR FAMILY CASES WITH MINOR CHILD(REN) (01/12)

When should this form be used?

This form may be used to obtain constructive service (also called service by publication) in an action involving a parenting plan for a minor child under chapter 61, Florida Statutes; an action to determine temporary custody by extended family under chapter 751, Florida Statutes; and termination of a legal father’s parental rights when another man is alleged to be the biological father. “Parenting plan” means a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child and must contain a time-sharing schedule for the parents and child. Section 61.046(14), Florida Statutes. You may use constructive service if you do not know where the other party lives or if the other party lives outside Florida and you are unable to obtain personal service. Constructive notice will allow the court to grant the relief requested, but personal service is required before a court can order payment or termination of child support, spousal support (alimony), or costs. If you are asking the court to decide how real or personal property located in Florida should be divided, the Notice of Action must include a specific description of the property. If you use constructive service, the court can grant only limited relief because its jurisdiction is limited. This is a complicated area of the law and you should consult an attorney before using constructive service.

You should complete this form by typing or printing the appropriate information in black ink. You must insert the other party’s name and last known address and then file this form with the clerk of the circuit court in the county where your petition was filed. You must also complete and file an Affidavit of Diligent Search and Inquiry. Use Florida Family Law Rules of Procedure Form 12.913(b) unless you are serving the legal father in a paternity case where another man is alleged to be the biological father, in which case, you must use Form 12.913(c). You should keep a copy for your records.

After the Affidavit of Diligent Search and Inquiry, Family Law Rules of Procedure Form 12.913(b) or 12.913(c), is filed, the clerk will sign this form. You will need to publish notice once each week for four consecutive weeks in a “qualified” newspaper in the county where the case is pending. When in doubt, ask the clerk which newspapers are “qualified.” The newspaper will charge you for this service. If you cannot afford to pay the cost of publishing this notice, you may ask the clerk to post the notice at a place designated for such postings. You will need to file an Application for Determination of Civil Indigent Status, which you can obtain from the clerk. If the clerk determines that you cannot afford these costs, the clerk will post the notice of action. If your case involves termination of a legal father’s parental rights when another man is alleged to be the biological father, you need to publish the notice only in the county where the legal father was last known to have resided. You are responsible for locating a “qualified” newspaper in the county where the other party last resided and paying the cost of publication.

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 rule 12.070, Florida Family Law Rules of Procedure, rule 1.070, Florida Rules of Civil Procedure, sections 61.501-61.542, Florida Statutes and chapter 49, Florida Statutes.

Special notes ...

If the other party fails to respond to your petition within the time limit stated in the notice of action that is published or posted, you are entitled to request a default. (See Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a), and Default, Florida Supreme Court Approved Family Law Form 12.922(b).)

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 OP THE IMANO FOR ___ __JUDiCTAl OaCUÍ?, _COUNTY, aORICJA

Case No,: .

fid store __

Pensioner aid Respondent

Nonce Of ACTION FOR

{Specify mlm¡ __ _„

TO; (name of Respondent} ___

{fíes-pmdmt's imi known nrfdnxs}_____

YOU ARE NOTIFIED that-an ⅛«⅛;⅜ tor {identify the type of caiti __,ha$ been ittetf against you and that yaw are required to serve s copy ofyour written defenses, ff any, Jo ⅛ on InameafPeWomr}___ — ____ whose a d dress Is.. .... ... a»t at before /ddfcl __, and site the original with the ctert of this Court at {clerk's worms} before service on Petitioner or immediately thereafter. If you fail to do so, a default may be entered against you for the «¡Reí demanded In the petition,

{if applicable, insert the fep/ description of teal property, <¡ specific description of personal property, end the name of me county in florido warn the property is tosatmif

Copies of ait court document» in this case, including order», are avallaste at the Cleric of †¾ Circuit Court’s office. You may review these document» upon request.

You must keep the Clerk of the Circuit Court's office notified of your current address, (You may file Notice of Current Address, Florida Supreme Court Approved Family law Form 12.915.) Future papers in this lawsuit will be mailed to the address on record at the clerk's office,

WARNING; Rule 12.285, Florista Family law Rules of Procedure, requires certain automatic disclosure of documents and information. Failure to comply can result in sanctions, Including dismissal or striking of pleadings.

Florida Supremo Court Approved Fnmfy law form ⅛91⅜}|?4. Notice oí Actios For Family Cast* With Minor CWWÍrenífM/I»

fiy:__

Oeputv Clerk

if a mmAvmn «ethea you eta. our this form, hb/she must wimn the bianks mo'm pit i« all ntafiksl

i, {jvfí ot ram* and trade asme oj nontav^'r} , , a located ot ⅛⅜met} .. . . {city} .. ~"_, -w frfawgjL — _„_‘. ⅜⅝⅛⅛⅜ ftor;gj_. . . who si (he pedtbmir, iifi out this form.

i fr.rttto 5upt<ws ttert rppmmi ⅛|*⅛⅛ U* form ¶⅞,⅜⅞¾¾ Matte oí for FimBy C&ta* with Minor OsWfmiHai/U!

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.913(b), AFFIDAVIT OF DILIGENT SEARCH AND INQUIRY (01/12)

When should this form be used? This form is to be used with Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.918(a)(1) and Notice of Action For Family Cases With Minor Child(ren), Form 12.918(a)(2), to obtain constructive service (also called service by publication).

The other party is entitled to actual notice of the proceedings when possible. When it is necessary to use constructive notice, it must be given in a way that is likely to provide actual notice. You must disclose the last known address of the other party. A last known address cannot be unknown. This form includes a checklist of places you can look for information on the location of the other party. While you do not have to look in all of these places, the court must believe that you have made a very serious effort to get information about the other party’s location and that you have followed up on any information you received.

This form should be typed or printed in black ink. After completing this form, you should sign the form before a notary pub-lie or deputy clerk. You should file the original and a Notice of Action for Dissolution of Marriage (No Child or Financial Support), Florida Supreme Court Approved Family Law Form 12.913(a)(1), or Notice of Action For Family Cases With Minor Child(ren), Form 12.913(a)(2), with the clerk of the circuit court in the county where your petition is filed. You should keep a copy for your records.

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 rule 12.070, Florida Family Law Rules of Procedure and chapter 49, Florida Statutes.

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 INANDFOR __ jUPCJAl CIRCUIT, COUNTY, FLORIDA

Case No.:

Division! „

Petitioner, and Respondent.

AFFIDAVIT OF WU6ENT SEARCH AND INQUIRY

5, {fall legal name}.. . being swam, certify that the following information Is true:

1, i have made diligent search and Inquiry to discover the name and current residence of Respondent; {Specify detain of search) Refer to checklist below and Identify all actions taken {any atfcRtkmal («formation Included such as the date too action was token and the person with whom you spoke is helpful) {attach additional sheet W necessary):

{Check all that apply!

. United States Post Office inquiry through freedom of Information Act for current address or any relocations.

__Last known employment of Respondent, Including name and address of employer. You should also ask tor any addresses to which W«2 forms were mailed, and, if a pension or profit-sharing plan exists, theft for any addresses to which any pension or plan payment is and/or has been mailed.

unions from which Respondent may have worked or that governed his at her particular trade or craft,

_. Regulatory agencies, Including professional at txeupational licensing.

_ Names and addresses of relatives and contacts with those relatives, and inquiry as to Respondent's last known address. You are to follow up any leads of any addresses where Respondent may have moved. Relatives Include, but are not limited to; parents, brothers, sisters, aunts, uncles, cousins, nieces, nephews, grandparents, great-grandparents, former in-laws, stepparents, stepchildren,

__ information about the Respondent's possible death and, If dead, the date and location of the death,

__ Telephone listings In the test known locations of Respondent's residence.

_ internet at http*//www.swtebfcoafd,com or other internet databank locator service, Please indicate If a public library assisted you to your search.

Law enforcement arrest-aod/ar criminal records in the test known residential area of Respondent.

Florida Law Sales of Procedure Far» L2.9T3ft), Affidavit of Diligent Sear* and Inquiry (Ot}lt)

_ Highway Patrol records In the state of Respondent's fast known address.

_ Department of Motor Vehicle records in the state of Respondent's last known address,

Department of Corrections records In the state of Respondent's last known address.

Title IV-D {child support enforcement) agency records in the state of Respondent's last known address.

Hospitals In the last known area of Respondent's reside nc e.

_ Utility companies, which Include water, sewer, «ble TV, and electric, In the last known area of Respondent's residence.

_ letters to the Armed forces of the U.S. and their response as to whether or not there is any Information about Respondent. (See Memorandum for Certificate of Military Service, Florida Suprema Court Approved Family faw form 12.912(a)).

_ Tax Assessor's and Tax Collector's Office in the area where Respondent last resided.

„ Other; {explain} ____________________

2. The age of Respondent is (Choose only one] { ) known {enter age)_or{ } unknown.

3. Respondent's current residence

{Choose only one)

a. _Respondent's current residence Is unknown to me.

b. __Respondent's current residence Is in some state or country other than Honda,

e. __The Respondent, having residence in Florida, has teen absent from Florida tor more than 60 days prior to the dale of this affidavit or conceals him (her)self so that process cannot be served personally upon him or her, and I believe there Is no person in the state upon whom serví» of process would bind this absent or concealed Respondent.

4,Respondent's last known address as of feteej_ , was:

Address _Cite _ Stats_zip_

Telephone No. __Fax No. __.

Respondent's last known employment, as of Idutei was

Name of Emotover .._..

Address_ Cltv _ State __Zip

Telephone No. Fax No.___ .

Florida Family law Rules of Procedure Form 12.913(b), Affidavit at Diligent Search and inquiry (01/12)

1««demand thtt 1 am ⅜«»⅞(1⅝ or affirming under oath to the truthfutncts of the date made In this affidavit and that the pmkhmant for knowingly maMvg a false statement indudes fines and/or Imprisonment.

Dated: ... ... ... ___________

Signature of Petitioner

Printed Mam*:__

Address: _____

City, State. ¿Ip:_

Telephone Number: _

Fax Number.'

STATE OF FLORIDA COUNTY OF

Sworn to or affirmed and signed before me on __ u ⅛.

NOTARY PUBLIC Of DEPUTY CLERK

¡Print, type, or stamp commissioned name of notary or cleric.]

__ Personally known

_ Produced Identification

Type of Identification produced ____

IFANONUWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUSTi%l IN THE BLANKS BELOW:

(fill In *11 blanks]

I, {futí legal name and trade name of mnlmtmrl__ a noritewyer, located at {street}___{city}__ {state} . (phone}_ .helpedinamel _ who Is the petitioner, fill out tills form.

Florida Family Law Rules of Procedure form 12.513(1⅜ Affidavit of Diligent Search and inquiry (01/12]

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE FORM 12.913(c), AFFIDAVIT OF DILIGENT SEARCH (01/12)

When should this form be used?

This form is to be used with Notice of Action For Family Cases With Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), to obtain constructive service (also called service by publication) on the legal father in any action or proceeding to determine paternity which may result in termination of the legal father’s parental rights.

The legal father is entitled to actual notice of the proceedings when possible. When it is necessary to use constructive notice, it must be given in a way that is likely to provide actual notice. You must disclose the last known address of the legal father. A last known address cannot be unknown. This form includes a checklist of places you must look for information on the location of the legal father. You have to look in all of these places, and the court must believe that you have made a very serious effort to get information about the person’s location and that you have followed up on any information you received.

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 should file the original and a Notice of Action For Family Cases With Minor Child(ren), Florida Supreme Court Approved Family Law Form 12.913(a)(2), with the clerk of the circuit court in the county where your petition for dissolution of marriage is filed. You should keep a copy for your records.

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 rule 12.070, Florida Family Law Rules of Procedure, chapter 49, Florida Statutes, and section 409.257, Florida Statutes.

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 IN AND FOR JUDICIAL CIRCUIT. .COUNTY, FLORIDA

Case No.:

Division:

Petitionee, and Respondent.

AFFIDAVIT OF DILIGENT SEARCH

l, (full legal name)__,_, being sworn, certify that the following information ⅛ true:

1. The last known address of the cWWfranJ's legal father {name! as of {date) _ . was:

Address ____________ City State Zip

Telephone No. _ _Fax No. .

His last known employment as of {date} , was:

Name of Employer ________

Address Qty _ , . State _____ Sp

Telephone No. . Fax No.

2. The legal father Is over the age of 18,

3. The legal father's current residence Is not known and cannot be determined, although I haw made a diligent search and inquiry to locate him through the following:

You most search ML of the fallowing sources of information and Hate the results.

_ United States Post Office Inquiry through the Freedom of information Act for the legal father’s current address or any previous address.

Result of search: __

_ Last known employment of the legal father, Including name and address of employer. Result of search: __

_ Regulatory agencies, including professional or occupational licensing, In the area where the legal fetNr last resided,

Result of search__

Florida Family Law Rides of Procedure Form 12.913(c), Affidavit of Diligent Search (02/12)

____ Names and addresses of relatives to the extent such can be reasonably obtained from the petitioner or other «urces, contacts with those relative» and inquiry as to the legal lather's last known address. Vou are to follow up any leads of any addresses where the legal father may have moved.

Result of search: ....

_ Information about the legal father's possible death and. If dead, the date and location.

Result of search:___________

__ Telephone listings in the area where the legal father last resided.

Result of search:...

__ law enforcement agendas in the area where the legal father last resided,

Result of search; , .„, . ._

_ Highway Patrol records to the state where the legal father last resided,

Result of search: ____

_ Department of Corrections records to the state where the legal father last resided.

Result of search: ..

_ Hospitals in the last known area of the legal father's residence,

Result of search:__________

„. Records of utility companies, which Include water, sewer, cabla W, and electric In the fast known area of the legal father’s reside oca.

Result of search; __. .

__ Records of the Armed forces of the U-S, and their response as to whether or not there Is any Information about the legal father. {Sec florida Supreme Court Approved family law forms 12.9⅝⅛

Result of search:______ ___

_ Records of the tax assessor's and tax collector’s office in the area where the legal father last resided.

Result of search: _______

_ Search of on® Internet databank locator sendee.

Result of search; _______________________

_ Tftto iV-D (child support enforcement} agency records In the state of the legal father's last known address.

Result of search: ____

florida family law Rules ofRrooedure form. 1⅞91¾«), Affidavit of Diligent Search (01/1¾

1 understand that $ am swearing or affirming under oath to the truthfulness of the Malm* made in this affidavit and that the punishment for krwwtiigly making a false statement Imdodav finos and/or imprisonment.

Dated: ...;.______

Signature of Petitioner

Printed Same: ...

Address: ___________,

City, SSt¿ So:

Tmnk&m Number: ,

Fax,Humbert „ ... ... ________

STATE OF RORiDA coüjm of

Sworn to cr affirmed and s*$ned before me or __by

NOTARY PUBUfi :u IHPUTmSfiK

[Print, type, or stamp commissioned name of notary m deputy derk.|

Personalty known

Produced identification

Type of Mentlfkatten produced __________

if a aouiAmm amm you fiu. out this form,he/sm£ must ruin the bunks eetow: [f,si ⅛ alt blantel

i, {ful! te$ai name md trade name c>/amimyerj.._..,

⅜ nootawyer, located at {meet)___ __, ⅞¾4.. .

¿smtei . Ishoael helped {name} . .

who is the pathtaRgr, fill our this ffcmt.

FtarMa Family taw Rules of Procedure form i'y.nnfri ⅜⅞⅛⅝⅜ oí DMigsm Search (02/12)

      . Because, as noted below, we decline to adopt the proposed amendment to rule 12.070 concerning constructive service, we have modified the instructions to new form 12.913(a)(2).


text:
    In re AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS.
    No. SC10-2344.
    Supreme Court of Florida.
    March 15, 2012.
    Steven Patrick Combs, Chair, the Family Law Rules Committee, Jacksonville, FL, for Petitioner.
    Joan K. Koch, Chief Legal Counsel, Florida Department of Revenue Child Support Enforcement Program, Tallahassee, FL, responding with comments.
   PER CURIAM.

In our opinion in this case issued April 7, 2011, the Court adopted six new Supreme Court Approved Family Law Forms: form 12.970(a) (Petition for Temporary Custody by Extended Family); form 12.970(b) (Petition for Concurrent Custody by Extended Family); form 12.970(c) (Waiver of Service of Process and Consent for Temporary Custody by Extended Family); form 12.970(d) (Waiver of Service of Process and Consent for Concurrent Custody by Extended Family); form 12.970(e) (Order Granting Petition for Temporary Custody by Extended Family); and form 12.970(f) (Order Granting Petition for Concurrent Custody by Extended Family). See In re Amendments to the Fla. Supreme Court Approved Family Law Forms, 60 So.3d 979 (Fla.2011). The six forms were developed in response to recent legislative changes made by chapter 2010-30, Laws of Florida, which was passed by the Florida Legislature and took effect July 1, 2010. See ch.2010-30, § 9, Laws of Fla. The Court’s opinion invited interested persons to provide comments on the new forms within sixty days. The Court received one comment from the Florida Department of Revenue (DOR), addressing forms 12.970(e) and 12.970(f).

Forms 12.970(e) and 12.970© are orders granting petitions for temporary custody by an extended family member and concurrent custody by an extended family member, respectively. The comment from DOR urges the Court to revise the sections in each form pertaining to “Method of Payment” in order to make a number of clarifying changes. Upon consideration of DOR’s comment, and with input from the Advisory Workgroup on the Florida Supreme Court Approved Family Law Forms, we amend forms 12.970(e) and 12.970(f) as reflected in the appendix to this opinion. The forms are fully engrossed and ready for 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 these forms, we express no opinion as to their correctness or applicability. The amendments shall become effective immediately upon release of this opinion.

It is so ordered.

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

APPENDIX

APPENDIX

IN THE CIRCUIT COURT OF THE IN AND FOR_ _JUOICIAL CIRCUIT COUNTY, FLORIDA

Case No:

Division:

and Petitioner, Respond e nt/Mother

Respondent/Father.

ORDER GRANTING PETITION FOR TEMPORARY CUSTODY BY EXTENDED FAMILY

This case came before this Court for a hearing on a Petition for Temporary Custody by Extended Family. The Court, having reviewed the file and heard the testimony, makes these findings of fact and reaches these conclusions of law:

SECTION I. FINDINGS:

1. The Court has jurisdiction over the subject matter and the parties.

2. The minor childfren) at issue in this matter are:

Name Date of Birth

3. The Petitioner, [ful! legal name}__ Is the {extended family relationship}_of the child(ren).

4, The Mother (full legal name}__of the child(ren):

Florida Supreme Court Approved Family Law Form 12.970fe|, Order Granting Petition for Temporary Custody by Extended Family 03/12

{Choose one only)

_ Filed a Waiver and Consent

_ Was served with the petition and failed to file an Answer

__ Is deceased as evidenced by:_____

_ Objected to the petition. Based upon clear and convincing evidence, the Court finds that the Mother is unfit to provide for the care and control of the chiid(ren). Specifically, the Mother has abused, abandoned, or neglected the child(ren) as defined In Chapter 39, Florida Statutes, It Is in the best Interest of the children} that the Petitioner have temporary custody because: {facts in support of finding)_

5. The Father (full legal name)___of the children):

(Choose one only)

_ Filed a Waiver and Consent

_ Was served with the petition and failed to file an Answer

_ Is deceased as evidenced by: ____

_ Objected to the petition. Based upon clear and convincing evidence, the Court finds that the Father is unfit to provide for the care and control of the chlld(ren). Specifically, the Father has abused, abandoned, or neglected the child(ren) as defined in Chapter 39, Florida Statutes, it is in the best Interest of the child(ren) that the Petitioner have temporary custody because; {facts in support of finding}

6. It is in the best interest of the childfren) for the Petitioner to have temporary custody.

SECTION II: TEMPORARY CUSTODY

1. The Petitioner,___, is granted temporary custody of the minor chiid(ren).

2. The Petitioner shall have all the rights and responsibilities of a legal parent.

3. The Petitioner is authorfoed to make all reasonable and necessary decisions for the minor child(ren), including but not limited to:

Florida Supreme Cauri Approved Family Law Form 12.970(e), Order Gramms Petition for Temporary Custody by Extended Family 03/12

a) Consent to all necessary and reasonable medical and dental care for the child(ren), Including nonemergency surgery and psychiatric care;

b) Secure copies of the child(ren)'s records, held by third parties, that are necessary for the care of the child(ren), including, but not limited to:

r. Medical, Dental, and psychiatric records;

ii. Birth certificates and other records; and

iii. Educational records.

4, Enroll the chlld(ren) In school and grant or withhold consent for the child(ren) to be tested or placed in special school programs, including exceptional education; and

5. Do all other things necessary for the care of the child(ren).

SECTION III. TEMPORARY TIME-SHARING WITH MINOR CHILDREN)

The parent(s) shall have; {Choose one only)

1._reasonable time-sharing with the minor child(ren) as agreed to by the parties, subject to the following limitations:_

2._the foilowi ng specified time-sharing schedule: {specify days and times}

Mother's Temporary Time-Sharing Schedule.

Father's Temporary Time-Sharing Schedule.

3. _Time-Sharing in accordance with the temporary Parenting Plan attached as Exhibit_.

4. _( ) Mother ( ) Father shall have No Contact with the minor child(ren) until further order af the Court, due to existing conditions that are detrimental to the welfare of the minor children): (explain) ___

SECTION IV. CHILD SUPPORT

1. The Petitioner_did_did not request the establishment of child support Fiarle» Supreme Court Approved Family Law Form 12-970|e|, Order Granting Petition for Temporary Custody by Extended Family 03/12

2. _If child support is requested, the parents have received personal or substituted service of process, the petition requests an order for support of the chlld(ren), and there is evidence of the parents' ability to pay the support ordered, The[ ) Mother ( ) Father has the present ability to pay child support.

(Choose one only)

_The amounts in the Chiid Support Guidelines Worksheet, Florida Family law Rules of Procedure Form 12.902(e) filed by the ( ) Mother ( ) Father are correct;

OR

_The Court makes the following findings; The Mother's net monthly Income Is $__, (Child Support Guidelines __%). The Father's net monthly income is S_, (Child Support Guidelines_%) Monthly child care costs are $__, Monthly health/dental insurance costs are $_

OR

) All of die child support or ( } a portion of the child support in the amount of shall be redirected to the Petitioner. _The ( ) Mather { ) Father Is currently ordered to pay child support to the other parent in the amount of $_per __as established in the case of {style afease and number) ,_ -•

3. Amount

a) Father's Obligation

The Father shall be obligated to pay child support in the amount of $_ for the_children {total number of parties' minor or dependent children) commencing _ {month, day, year) and terminating _{month, day, year}.

Upon the termination of the obligation of child support for one of the parties' children, child support in the amount of S for the remaining__ children (total number of remaining children} shall be paid commencing _{month, day, year} and terminating___ {month, day, year}.

{Insert paragraph for the chiid support obligation, including the amount, commencement, and termination dotes, for the remaining minor or dependent children, which shaft be payable as the obligation far each chiid ceases.}

The Father shall pay child support until all minor or dependent children: reach the age of 18; become emancipated, marry, join the armed services, die, or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18 and until high school graduation for any child who is dependent in fact, between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.

Honda Supreme Court Approved Family Law Form 12.970(eJ, Order Granting Petition for Temoorary Custody by Fxtended Family 03/12

If the child support ordered deviates from the guidelines more than 5%, the factual findings which support that deviation are:_

Child support shall be payable ( ) at least once a month and in accordance with Father's employer's payroll cycle, or ( ) other {explain}_

b) Mother's Obligation

The Mother shall be obligated to pay child sopport in the amount of $_ for the _ children (tota! number of parties’ minor or dependent children} commencing_ fmonth, day, year) and terminating _{month, day, year}.

Upon the termination of the obligation of child support for one of the parties' children, child support in the amount of $ _for the remaining_ children {total number of remaining children} shall be paid commencing _{month, day, year} and terminating_ {month, day, year}.

{insert paragraph for the child support obligation, including the amount, commencement, and termination dates, for the remaining minor or dependent children which shall be payable as the obligation for each child ceases.}

The Mother shall pay child support until all of the minor or dependent children: reach the age of 18; become emancipated, marry, join the armed services, die, or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18 and until high school graduation for any child who Is dependent in fact, between the ages of IS and 19, and is still in high school, performing In good faith with a reasonable expectation of graduation before the age of 19.

If the child support ordered deviates from the guidelines more than 5%, the factual findings which support that deviation are:_

Child support shall be payable { ) at least once a month and in accordance with the Mother's employer's payroll cycle, or ( ) other {explain}_

Florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition tor Temporary Custody by Extended Family 03/12

4. Arrearages/Retroactive Child Support

a) The ( ) Mother ( } Father owes child support arrearages in the amount of $_as of (date}_to the other parent. The child support arrearages shall be repaid in the amount of $_per month, payable ( } in accordance with the employer's payroll cycle, and In any event at least once per month { ) other {explain}_ commencing (dote)_, until paid in full including statutory Interest.

b) The { ) Mother ( } Father owes retroactive child support In the amount of $_as of {date}_to the Petitioner. The retroactive child support shall be repaid in the amount of $_per month, payable ( ) in accordance with the employer's payroll cycle, and in any event at least once per month ( )other (explain)_ commencing {dote}_, until paid in full including statutory interest.

5. Insurance

(Choose all that apply)

a) ( ) Mother ( ) Father shall be required to maintain ( ) health and/or ( ) dental Insurance for the parties' minor child(ren), so long as reasonable in cost and accessible to the chlld(ren). The party providing insurance shall be required to convey insurance cards demonstrating said coverage to the Petitioner and other parent.

OR

( ) health and/or ( ) dental Insurance is either not reasonable in cost or accessible to the child(ren) at this time.

b) _Reasonable and necessary uninsured medical/dental/prescriptlon drug costs for the minor child(ren) shall be assessed as follows:

{ ) Shared equally by both parents.

( ⅜ Prorated according to the child support guidelines percentages.

( ) Oth er {explain}_

As to these uninsured medlcal/dental/prescrlption drug expenses, the party who incurs the expense shall submit a request for reimbursement to the parent or parents within 30 days, and the parent or parents, within 30 days of receipt, shall submit the applicable reimbursement for that expense.

Florida Supreme Court Approved Family taw Form 12.97D(e], Order Granting Petition far Temporary Custody by Extended Family 03/12

SECTION V. METHOD OF PAYMENT

The parent(s) shall pay court-ordered child support and arrearages, if any, as follows:

1. Place of Payment

a) _Parent(s) shall pay court-ordered support directly to either the State Disbursement Unit or the central depository, as required by statute, along with any fee required bystatute-

OR

b) __The Petitioner and the Parent(s) have requested and the Court finds that it is in the best Interest of the child(ren) that support payments need not be directed through either the State Disbursement Unit or the central depository at this time; however, any party may subsequently apply, pursuant to section 61.13|l)(d)(3), Florida Statutes, to require payment through either the State Disbursement Unit or the central depository.

2. income Deduction

(If applicable)

a)_Immediate. ( ) Mother ( ) Father, hereinafter. Obligors), shall pay through Income deduction, pursuant to a separate Income Deduction Order which shall be effective immediately. Obligor Is individually responsible for paying this support obligation until all of said support is deducted from his/her income. Until support payments are deducted, the Obligor k responsible for making timely payments directly to the State Disbursement Unit or the Petitioner as previously set forth in this Order.

b) _Deferred. Income deduction is ordered this day, but it shall not be effective until a delinquency of $_, or, If not specified, an amount equal to one month's obligation occurs. Income deduction ⅛ not being implemented immediately based on the following findings: Income deduction is not in the best interests of the children] because: {explain}_

AND

There Is proof of timely payment of a previously ordered obligation without an Income Deduction Order,

AND

( ) there Is an agreement by the Obligor(s) to advise the State Disbursement Unit of any change in Payor and/or health Insurance OR ( ) there is a signed, written agreement providing an alternative arrangement between the Petitioner and the Obligor(s).

Florida Supreme Court Approved Family l aw Form 12.970[e>, Order Granting Petition for Temporary Custody by Extended Family 03/1?

3. Bonus/one-time payments.

[Choose one only]

( ) All { )_% ( ) No income paid in the form of a bonus or other similar onetime payment, up to the amount of any arrearage or the remaining balance thereof owed pursuant to this order, shall be forwarded to the Petitioner pursuant to the payment method prescribed above.

4. Other provisions relating to method of payment:_

SECTION VI. ATTORNEY FEES, COSTS, AND SUIT MONEY

[Choose one only)

1. _( ) Petitioner's ( (Respondents' request (s) for attorney fees, costs, and suit money is (are) denied because_

2. _The Court finds there is a need for and ability to pay attorney fees, costs, and suit money. ( [ Petitioner ( | Respondent(s) is (are) ordered to pay the other party $_in attorney fees, and $_in costs. The Court further finds that the attorney fees are awarded based on the reasonable rate of $_per hour and_reasonable hours. Other provisions relating to attorney fees, costs, and suit money are as follows:_.___

SECTION VII. OTHER PROVISIONS

1. Other Provisions _____

2. The Court reserves jurisdiction to modify and enforce this Order for Temporary Custody.

Horlda Supreme Court Approved Family Law Form 12.9701 ⅛ Order Granting Petition for Temporary Custody by Intended Family 03/12

DONE AND ORDERED in

Florida on {date}

CIRCUIT JUDGE

A copy of this Order for Temporary Custody was: [Choose one only)

( ) mailed { ) faxed and mailed { ) hand delivered to the parties listed below on ¡date}_by_(clerk of court or designee}.

Petitioner (or his or her attorney)

Respondents (or his or her attorney)

State Disbursement Unit

Other_

florida Supreme Court Approved Family Law Form 12.970(e), Order Granting Petition for Temporary Custody Ov Extended Family 03/12

IN THE CIRCUIT COURT OF THE IN AND FOR_ _JUDICIAL CIRCUIT COUNTY, FLORIDA

Case No:

Division:

Petitioner, and Respondent/Father

Respan dent/Mother.

ORDER GRANTING PETITION FOR CONCURRENT CUSTODY BY EXTENDED FAMILY

This case came before this Court for a bearing on a Petition for Concurrent Custody by Extended Family. The Court, having reviewed the file and heard the testimony, makes these findings of fact and reaches these conclusions of law:

SECTION I. FINDINGS:

1. The Court has jurisdiction over the subject matter and the parties.

2. The minor child(ren) at issue in this matter are:

Name Date of Birth

3. The Petitioner, {full legal name} (extended family relationship}_ the chiid(ren). is the of

4. The Petitioner currently has physical custody of the child(ren) and has had physical custody of the child(ren) for at least 10 days in any 30-day period within the fast 12 months.

Horda Supreme Court Approved Family Law Form 12.970(f), Order Granting Petition for Concurrent Custody by Extended Family 03/12

5. The Petitioner does not heve signed, written documentation from the parent(s) which is sufficient to enable the custodian to do all the things necessary to care for the child(ren) which are available to custodians who have an order for temporary custody by extended family.

6. The Mother (full lego/ name}_of the children}; (choose one only)

_ Filed a Waiver and Consent

_, Was served with the petition and failed to file an Answer

_ Is deceased as evidenced by:_

7. The Father (full legal name}_ofthc child(ren): (choose one only)

_ Filed a Waiver and Consent

_ Was served with the petition and failed to file an Answer

___ Is deceased as evidenced by:_

8. it is in the best Interest of the child(ren) for the Petitioner to have concurrent custody.

SECTION II: CONCURRENT CUSTODY

1. The Petitioner. ___, is granted concurrent custody of the minor child(ren).

2. The Petitioner shall have all the concurrent rights and responsibilities of a legal parent.

S. The Petitioner is authorized to make ail reasonable and necessary decisions for the minor children), including but not limited to:

a) Consent to all necessary and reasonable medical and dental care for the children), including nonemergency surgery and psychiatric care;

b) Secure copies of the child(ren)'s records, held by third parties, that are necessary for the care of the child(ren), including, but not limited to:

i. Medical, Oental, and psychiatric records;

II. Birth certificates and other records; and

iii. Educational records.

4. Enroll the child(ren) in school and grant or withhold consent for the child(ren) to be tested or placed in special school programs, including exceptional education; and

5. Do all other things necessary for the care of the children).

Florida Supreme Court Approved Family Law Form 12.970(1], Order Granting Petition for Concurrent Custody by txtended Family 03/12

SECTION III. CHILD SUPPORT

1. The Petitioner_did_did not request the establishment of child support.

2. _If child support Is requested, the parents have received personal or substituted service of process, the petition requests an order for support of the child(ren), and there is evidence of the parents' ability to pay the support ordered. The ( ) Mother ( ) Father has the present ability to pay child support

(Choose one only)

_The amounts In the Child Support Guidelines Worksheet, Florida Family Law Rules of Procedure Form 12.902(e) filed by the ( ) Mother! ) Father are correct;

OR

__The Court makes the following findings: The Mother's net monthly Income Is $_,, (Child Support Guidelines_%). The Father's net monthly Income Is $_ . (Child Support Guidelines_⅝) Monthly child care costs are S_. Monthly heafth/dental insurance costs are $_.

OR

_The ( ) Mother ( ) Father is currently ordered to pay child support to the other parent in the amount of $_per_as established In the case of (styie of case and number}_

| All of the child support or ( ) a portion of the child support in the amount of shall be redirected to the Petitioner.

3.Amount

a) Father's Obligation

The Father shall be obligated to pay child support in the amount of $_for the _children {total number of parties' minor or dependent children} commencing _{month, day, year} and terminating_ {month, day, year}.

Upon the termination of child support for one of the parties' children, child support in the amount of $_for the remaining_children {total number of remaining children} shall be paid commencing__{month, day, year} and terminating_(month, day, year}.

(Insert paragraph for the child support obligation, including the amount, commencement, and termination dates, for the remaining minor or dependent children, which shall be payable as the obligation for each child ceases.}

florida Supreme Court Approved Family Law Form 12.970(f), Order Granting Petition far Concurrent Custody by fcxtended Family 03/12

The Father shall pay child support until all of the minor or dependent children: reach the age of 18, become emancipated, marry, join the armed services, die, or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18 and until high school graduation for any child who Is dependent In fact, between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.

If the child support ordered deviates from the guidelines more than 5%, the factual findings which support that deviation are: _____

Child support shall be payable ( } at least once a month and in accordance with the Father's employer's payroll cycle, or ( ) other {explain}_

b) Mother's Obligation

The Mother shall be obligated to pay child support in the amount of $_for the _children {total number of parties' minor or dependent children} commencing {month, day, year} and terminating __{month, day, year}.

Upon the termination of the obligation of child support for one of the parties' children, child support in the amount of $_for the remaining_children (total number of remaining children} shall be paid commencing_ {month, day, year) and terminating_month, day, year).

{Insert paragraph for the child support obligation, including the amount, commencement, and termination dates, for the remaining minor or dependent children, which shall be payable os the obligation for each chad ceases.)

The Mother shall pay child support until all of the minor or dependent children: reach the age of 18; become emancipated, marry, join the armed services, die, or become self-supporting; or until further order of the court or agreement of the parties. The child support obligation shall continue beyond the age of 18 and until high school graduation for any child who is dependent in fact, between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19.

Florida Supreme Court Approved Family Law Form 12.970(f), Order Granting Petition for Concurrent Custody by Extended Family 03/12

If the child support ordered deviates from the guidelines more than 5%, the factual findings which support that deviation are:_

Child support shall be payable ( ) at least once a month and in accordance with the Mother’s employer's payroll cycle, or ( ) other {explain}______

4. Arrearages/Retroactive Child Support

a( The ( ) Mother { ) Father owes child support arrearages in the amount of $_ as of {date}_ to the other parent. The child support arrearages shall be repaid in the amount of $_ per month, payable < ) In accordance with the employer's payroll cycle, and In any event at least once per month ( pother {explain}_ commencing ¡date} _, until paid In full including statutory interest.

b) The ( ) Mother ( ) Father owes retroactive child support In the amount of $_as of (date)_to the Petitioner. The retroactive child support shall be repaid in the amount of $_per month, payable ( ) In accordance with the employer's payroll cycle, and in any event at least once per month ( (other {explain} __,_ commencing (date} __, until paid in full including statutory interest.

5. Insurance

(Choose all that apply)

a) ( ) Mother ( } Father shall be required to maintain ( ) health and/or ( (dental insurance for the parties' minor child(ren}, so long as reasonable in cost and accessible to the child(ren), The party providing insurance shall be required to convey insurance cards demonstrating said coverage to the Petitioner and other parent.

OR

( ) health and/or ( } dental insurance is either not reasonable In cost or accessible to the ehild(ren) at this time.

b) _Reasonable and necessary uninsured medical/dental/prescription drug costs for the minor chiid(ren) shall be assessed as follows:

rtoJida Supreme Court Approved Family taw Form 12.970(f), Order Granting Petition for Concurrent Custody by Extended Family Q3A2

( } Shared equally by both parents.

( ) Prorated according to the child support guidelines percentages.

{ ) Other {explain}__

As to these uninsured medical/dental/prescrlption drug expenses, the party who incurs the expense shall submit a request for reimbursement to the parent or parents within 30 days, and the parent or parents, within 30 days of receipt, shall submit the applicable reimbursement for that expense.

SECTION ÍV. METHOD OF PAYMENT

The parent(s) shall pay court-ordered child support and arrearages, if any, as follows:

1. Place of Payment

a)_Parents shall pay court-ordered support directly to either the State Disbursement Unit or the central depository, as required by statute, along with any applicable fee required by statute.

OR

b)_The Petitioner and the Parents have requested and the court finds that it is in the best interest of the children) that support payments need not be directed through either the State Disbursement Unit or the central depository at this time; however, any party may subsequently apply, pursuant to section 61.13(l)fd)(3], Florida Statutes, to require payment through either the State Disbursement Unit or the central depository.

2. Income Deduction

(If applies)

a) _immediate. ( ) Mother ( ) Father, hereinafter, Obligorfs), shall pay through income deduction, pursuant to a separate Income Deduction Order which shall be effective immediately. Obligor is individually responsible for paying this support obligation until all of said support is deducted from his/her income. Until support payments are deducted, the Obligor is responsible for making timely payments directly to the State Disbursement Unit or the Petitioner as previously .set forth in this Order.

b) _Deferred. Income deduction is ordered this day, but It shall not be effective until a delinquency of $_, or, if not specified, an amount equal to one month's obligation occurs. Income deduction ⅛ not being implemented immediately based on the following findings: Income deduction is not in the best interests of the chlld(ren) because: {explain}_

Florida Supreme Court Approved Family Law Form 12.97Q(f}, Order Granting Petition for Concurrent Custody by Extended Fami'.y 03/12

AND

There is proof of timely payment of a previously ordered obligation without an Income Deduction Order,

ANO

( ) there is an agreement by the Obligor(s) to advise the State Disbursement Unit of any change in Payor and/or health insurance OR ( ) there is a signed, written agreement providing an alternative arrangement between the Petitioner and Obllgor(s).

3, Bonus/one-time payments.

[Choose one only)

( ) All ( ) __% ( ) No Income paid in the form of a bonus or other similar onetime payment, up to the amount of any arrearage or the remaining balance thereof owed pursuant to this order, shall be forwarded to the Petitioner pursuant to the payment method prescribed above.

4. Other provisions relating to method of payment:__

SECTION V. ATTORNEY FEES, COSTS, AND SUIT MONEY

{Choose one only)

1. _( ) Petitioner's ( ) Respondents' requests) for attorney fees, costs, and suit money is (are) denied because _______

2._The Court finds there is a need for and ability to pay attorney fees, costs, and soil money. ( ) Petitioner { ) Respondent(s) is (are) ordered to pay the other party $_in attorney fees, and $_in costs. The Court further finds that the attorney fees are awarded based on the reasonable rate of $_per hour and_reasonable hours. Other provisions relating to attorney fees, costs, and suit money are as follows:_

SECTION VI. OTHER PROVISIONS

1. Other Provisions_

Florida Supreme Court Approved Family law Form 12.970(f), Order Granting Petition for Concurrent Custody by Extended Family 03/12

2. The Court reserves Jurisdiction to modify and enforce this Order for Concurrent Custody.

3. The granting of concurrent custody does not affect the ability of the child(ren)'s parent or parents to obtain physical custody of the child(ren) at any time.

DONE AND ORDERED In_ . Florida on {date)__

CIRCUIT JUDGE

A copy of this Order for Concurrent Custody was:

[Choose one only] ( ) mailed ( ) faxed and mailed [ ) hand delivered to the parties listed below on (date)_by_. {Clerk of court or designee}

Petitioner (or his or her attorney)

Respondents (or his or her attorney)

State Disbursement Unit or Central Depository

Other_

Florida Supreme Court Approved Family Law form 12.970(1), Order Granting Petition for Concurrent Custody by Extended Family 03/12

      . Pursuant to our opinion in Amendments to the Florida Family Law Rules of Procedure & Family Law Forms, 810 So.2d 1, 13-14 (Fla.2000), this Court internally reviews and maintains the Florida Supreme Court Approved Family Law Forms.

      . We have jurisdiction. See art. V, § 2(a), Fla. Const.

      . In form 12.970(e), section V addresses "Method of Payment.” In form 12.970(f), section IV addresses “Method of Payment.”