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Amendments to Florida Supreme Court Approved Family Law Forms-Sexual Violence Forms
Citations: 871 So. 2d 113; 2004 Fla. LEXIS 538; 2004 WL 582946Docket: No. SC04-132
Court: Supreme Court of Florida; March 24, 2004; Florida; State Supreme Court
The 2003 amendments to section 784.046 of the Florida Statutes established a new cause of action for protection against sexual violence and eliminated filing fees for petitions related to repeat, dating, and sexual violence. Effective July 1, 2003, these changes necessitated updates to the Florida Supreme Court Approved Family Law Forms, which facilitate court access for unrepresented litigants. Following a review and input from the Advisory Workgroup on The Florida Supreme Court Approved Family Law Forms, the Court determined that new forms and amendments to existing forms were required. Specifically, Florida Supreme Court Approved Family Law Form 12.980(a) was deleted due to the prohibition of filing fees. New forms created include: Petition for Injunction for Protection Against Sexual Violence (Form 12.980(q)), Temporary Injunction for Protection Against Sexual Violence (Form 12.980(r)), and Final Judgment of Injunction for Protection Against Sexual Violence (Form 12.980(s)). Additionally, amendments were made to several existing forms related to domestic, repeat, and dating violence, ensuring they align with the new legislation. The Order of Dismissal outlines the adoption and amendment of various Florida Supreme Court Approved Family Law Forms related to injunctions for protection against domestic violence, repeat violence, or dating violence. Specific forms mentioned include petitions, motions for extensions or modifications, temporary and final judgments, and orders to show cause. Minor technical changes have also been made to several forms, including Forms 12.931(a) and 12.931(b). The new forms and amendments are effective immediately and will be published in The Florida Bar News, allowing for public comments by June 1, 2004. The Court does not express any opinion on the correctness or applicability of the forms or the underlying legislation. This amendment marks the second revision in two years due to statutory changes. The document specifies the renumbering of certain forms following the deletion of Form 12.980(a) and the creation of new forms 12.980(q), (r), and (s). The Court has jurisdiction over this matter as per Florida Constitution Article V, Section 2(a). Form renumbering updates for injunctions related to domestic violence, repeat violence, and dating violence include the following changes: - Form 12.980(c)(2) is now 12.980(b)(2) for the Order Denying Petition for Injunction. - Form 12.980(d)(1) has been renumbered to 12.980(c)(1) for Temporary Injunctions with minor children. - Form 12.980(d)(2) is now 12.980(c)(2) for Temporary Injunctions without minor children. - Form 12.980(e)(1) is renumbered to 12.980(d)(1) for Final Judgment of Injunctions with minor children. - Form 12.980(e)(2) has become 12.980(d)(2) for Final Judgment without minor children. - Form 12.980(f) is now 12.980(e) for Order of Dismissal of Temporary Injunctions. - Form 12.980(g) is renumbered to 12.980(f) for Petition for Injunction for Repeat Violence. - Form 12.980(h) is now 12.980(g) for Supplemental Affidavit in Support. - Form 12.980(i) has been renumbered to 12.980(h) for Petitioner's Request for Confidential Filing. - Form 12.980(j) is now 12.980(i) for Motion for Extension of Injunction. - Form 12.980(k) has become 12.980(j) for Motion for Modification of Injunction. - Form 12.980(l) is now 12.980(k) for Temporary Injunction for Repeat Violence. - Form 12.980(m) has been renumbered to 12.980(l) for Final Judgment of Injunction for Repeat Violence. - Form 12.980(n) is now 12.980(m) for Order Extending Injunction. - Form 12.980(o) has been renumbered to 12.980(n) for Petition for Injunction for Dating Violence. - Form 12.980(p) is now 12.980(o) for Temporary Injunction for Dating Violence. - Form 12.980(q) has been renumbered to 12.980(p) for Final Judgment of Injunction for Dating Violence. - Form 12.980(r) is now 12.980(q) for Petition by Affidavit for Order to Show Cause for violation of Final Judgment. - Form 12.980(s) has been renumbered to 12.980(r) for Order to Show Cause. These changes streamline the forms used in legal proceedings related to protection against various types of violence.