a. Welcome and Introduction of Officers Co-Chairs Sarah Kay and C. Debra Welch b. Sign-in Attendance and addresses Secretary Jack Moring

Transcription

1 THE FLORIDA BAR, FAMILY LAW SECTION RULES AND FORMS COMMITTEE AGENDA LIVE MEETING JANUARY 27, 2017 LOEWS ROYAL PACIFIC RESORT, ORLANDO PACIFICA BALLROOMS Leadership Co-Chairs: Co-Vice Chairs: Secretary: Sarah Kay and C. Debra Welch Anthony Genova and Ron Kauffman Jack Moring I. Call to Order a. Welcome and Introduction of Officers Co-Chairs Sarah Kay and C. Debra Welch b. Sign-in Attendance and addresses Secretary Jack Moring II. IV. Approval of Minutes: a. Live Meeting of June 15, 2016, Hilton Bonnet Creek, Orlando b. Live Meeting of August 7, 2016, Casa Monica, St. Augustine Announcements and Updates a. Save the date: Domestic Violence CLE on April 21, 2017 in Tampa V. Ongoing Business (Sub-Committee Reports) a. Scheduling of Motion Hearings Sub-Committee (Ruben Doupé, Chair) b. Pro-Se Paternity Settlement Agreement Sub-Committee (Lisa Kleinberg, Chair) c. GAL Hearsay Sub-Committee (Ron Bornstein, Chair)

2 d. Dismissal for Lack of Prosecution Sub-Committee (Philip Schipani, Chair) e. Administrative Child Support Forms Sub-Committee (Matthew Capstraw, Chair) f. Certificate of Compliance with Mandatory Disclosure Form Sub- Committee (Ben Carpenter, Chair) g. Affidavit of Diligent Search and Inquiry Form Sub-Committee (Anthony Genova, Chair) h. Stand Alone Rules Comment Sub-Committee (Sarah E. Kay, Chair) i. Marital Settlement Agreement for Simplified Dissolution Sub- Committee (Ben Carpenter, Chair) j. Supplemental Petition to Permit Relocation Sub-Committee (Susan Keith, Chair) k. TFB Family Law Rules Committee (Jack Moring, liaison) VI. NEW BUSINESS a. Confidential client information Notice of SSN (see ATTACHMENT A) VII. CLOSING COMMENTS/ADJOURNMENT Next Live Meeting: The Florida Bar Convention, June 21 24, 2017 Boca Raton Resort & Club 501 East Camino Real Boca Raton, FL Date and Time: TBA

3 Sarah Kay From: Sent: To: Subject: Attachments: Work <rana@rubinstein-holz.com> Tuesday, November 29, :31 PM Sarah Kay; eservice@thewelchlawfirm.com Need a Change Notice of SS.pdf; PastedGraphic-2.pdf Hello Ladies - I would like to see a change in the Family Law forms. Too much of our client's information is being required to be filed in the court file. It's a roadmap for identity theft for nearly 1/2 of our citizens (those who get divorced or establish paternity). While I know that our clerks are doing all they can to keep these things private, we need to take steps as a section to prevent the disclosure of information that isn't required that could lead to identify theft or other wrongful use of information. The attached social security number form is "required" to be filed by everyone to every family law action. There is no law that I am aware of that requires this, and it is objectionable. In fact, there is NO requirement to file the social security number in the court file at all. Florida Statute 61.13(8) states: "At the time an order for child support is entered, each party is required to provide his or her social security number and date of birth to the court, as well as the name, date of birth, and social security number of each minor child that is the subject of such child support order. Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. All social security numbers required by this section shall be provided by the parties and maintained by the depository as a separate attachment in the file. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement." PRWORA is a welfare act. The federal government requires people that receive welfare benefits be identified in the system by their social security numbers for various reasons which need not be expounded upon here. The statute says specifically "All social security numbers required by this section shall be provided by the parties and maintained by the depository as a separate attachment in the file." That does not suggest the number has to be FILED in the court file. It has to be provided to the clerk and maintained in their separate Title IV-D files (which are likely electronic). Note the phrase "Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement." Because the Family Law Form REQUIRES the filing of this form in ALL family law cases, many judges will not divorce people who do not file their social security number(s) in the court file. I apologize for not having commented on this form long ago, but hopefully you can do something to change this. The form should only be required in cases involving child support that is paid through the Depository or involve the Title IV-D program. Let me know if this is a reasonable request and if I need to be further involved in doing something to change this 1

4 -- RANA HOLZ Board Certified Specialist, Marital and Family Law 1375 Jackson St., Suite 304 Ft. Myers, FL (239) Fax (239) Live Today Well! -desales Confidentiality Note: The information contained in this transmission is legally privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone at (239) and delete the message. Thank you. Please consider the environment before printing this . 2

5 INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM (j), NOTICE OF SOCIAL SECURITY NUMBER (11/15) When should this form be used? This form must be completed and filed by each party in all paternity, child support, and dissolution of marriage cases, regardless of whether the case involves a minor child(ren) and/or property. This form should be typed or printed in black ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed. What should I do next? A copy of this form must be mailed, ed, or hand delivered to the other party in your case, if it is not served on him or her with your initial papers. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail ( ) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail ( ), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration You may find this rule at through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY ; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by , the Instructions for Florida Supreme Court Approved Family Law Form (j), Notice of Social Security Number (11/15)

6 procedures must always be followed once the initial election is made. To serve and receive documents by , you must designate your addresses by using the Designation of Current Mailing and Address, Florida Supreme Court Approved Family Law Form , and you must provide your address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form ; Designation of Current Mailing and Address, Florida Supreme Court Approved Family Law Form ; and Florida Rule of Judicial Administration 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. The words that are in bold underline in these instructions are defined there. For further information, see chapter 61, Florida Statutes. Special notes... If this is a domestic violence case and you want to keep your address confidential for safety reasons, do not enter the address, telephone, fax, or information at the bottom of this form. Instead, file a Request for Confidential Filing of Address, Florida Supreme Court Approved Family Law Form (i). 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 (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. Instructions for Florida Supreme Court Approved Family Law Form (j), Notice of Social Security Number (11/15)

7 IN THE CIRCUIT COURT OF THE IN AND FOR JUDICIAL CIRCUIT, COUNTY, FLORIDA, Petitioner, Case No.: Division: and, Respondent. NOTICE OF SOCIAL SECURITY NUMBER I, {full legal name}, certify that my social security number is, as required by the applicable section of the Florida Statutes. My date of birth is. [Choose one only] 1. This notice is being filed in a dissolution of marriage case in which the parties have no minor children in common. 2. This notice is being filed in a paternity or child support case, or in a dissolution of marriage in which the parties have minor children in common. The minor child(ren)'s name(s), date(s) of birth, and social security number(s) is/are: Name Birth date Social Security Number {Attach additional pages if necessary.} Disclosure of social security numbers shall be limited to the purpose of administration of the Title IV-D program for child support enforcement. Florida Supreme Court Approved Family Law Form (j), Notice of Social Security Number (11/15)

8 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this notice and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature Printed Name: Address: City, State, Zip: Telephone Number: Fax Number: Designated Address(es): STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by. NOTARY PUBLIC or DEPUTY CLERK Personally known Produced identification Type of identification produced [Print, type, or stamp commissioned name of notary or clerk] IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent This form was completed with the assistance of: {name of individual}, {name of business}, {address}, {city}, {state},{zip code}, {telephone number}. Florida Supreme Court Approved Family Law Form (j), Notice of Social Security Number (11/15)