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Docket Number

No. 79916.

Attorney(S)

N. David Korones, Chairman, A. Matthew Miller, Chairman-Elect, and Deborah Marks, North Miami, for the Family Law Section of The Florida Bar, for petitioner. Anthony C. Musto, Chair, Florida Rules of Judicial Admin. Committee, Miami, and Jeanne D. Howard, Past Chair, Juvenile Court Rules Committee, West Palm Beach, responding.

Judges

Benjamin F Overton

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Smart Summary

Summary of Opinion: IN RE FLORIDA RULES OF FAMILY COURT PROCEDURE, No. 79916 (Oct. 22, 1992)

Factual and Procedural Background

This original proceeding was brought by the Family Law Section of The Florida Bar and numerous individual petitioners requesting establishment of separate rules of procedure governing family law matters and an amendment to rule 2.130(b)(3), Florida Rules of Judicial Administration, to include a Family Law Rules Committee. The Supreme Court of Florida accepted jurisdiction under article V, section 2(a) of the Florida Constitution. The opinion notes that family law cases comprised more than fifty percent of general civil filings in the state and references this Court's 1991 decision requiring family law divisions in most circuits (In re Report of the Comm'n on Family Courts, 588 So.2d 586 (Fla. 1991)). The Court solicited responses from interested parties; committees and respondents filed in favor of establishing separate family law rules.

Legal Issues Presented

Whether separate rules of procedure should be established for family law matters.
Whether rule 2.130(b)(3), Florida Rules of Judicial Administration, should be amended to create a Family Law Rules Committee.

Arguments of the Parties

Petitioners' Assertions

The Family Law Section asserted that family law cases differ from general civil cases in several respects, including the application of certain statutes, rules, and administrative processes unique to family law.
The Section noted the prior 1991 decision requiring family law divisions in most circuits as indicative of those differences.

Responding Parties' Positions

No objections to establishing separate family court procedure rules were filed.
The Rules of Judicial Administration Committee voted unanimously to support establishment of separate family law rules.
The Juvenile Rules Committee filed in favor, noting the family law rules should be distinct from the Juvenile Court Rules.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
In re Report of the Comm'n on Family Courts, 588 So.2d 586 (Fla. 1991)	Establishment of family law divisions in circuit courts (except rural areas)	Used to underscore that family law matters are distinct from other civil matters and support the proposal for separate family law procedure rules.

Court's Reasoning and Analysis

The Court relied on the demonstrated prevalence of family law cases (over fifty percent of general civil filings) and the petitioners' showing that family law involves statutes, rules, and administrative processes that are unique to family matters. The Court solicited responses; receiving no objections and receiving unanimous support from the Rules of Judicial Administration Committee and supportive input from the Juvenile Rules Committee, the Court concluded that separate rules should be established. The Court therefore amended rule 2.130(b)(3) to add a Family Law Rules Committee to the list of committees appointed by The Florida Bar. The Court provided implementation directions: immediate appointment of the committee, submission of an initial set of family law rules by September 1, 1993, and guidance that the committee maintain as much uniformity as possible with the Rules of Civil Procedure while avoiding conflicts with the Rules of Juvenile Procedure.

Holding and Implications

The Court ordered that rule 2.130(b)(3), Florida Rules of Judicial Administration, be amended to add a Family Law Rules Committee and directed The Florida Bar to appoint that committee immediately.

Direct effects on the parties: The Florida Bar must appoint the Family Law Rules Committee and that committee must submit an initial set of family law rules to the Court on or before September 1, 1993. The committee was instructed to maintain uniformity with the Rules of Civil Procedure where possible and to avoid conflicts with the Rules of Juvenile Procedure. The opinion does not announce a broader precedent beyond the amendment and implementation directives.

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IN RE FLORIDA RULES OF FAMILY COURT PROCEDURE.

OVERTON, Justice.

This cause is before us on the petition of the Family Law Section of The Florida Bar and numerous individual petitioners to establish separate rules of procedure governing family law matters and to amend rule 2.130(b)(3), Florida Rules of Judicial Administration, to include a Family Law Rules Committee. We have jurisdiction. Art. V, § 2(a), Fla. Const.

Family law cases now comprise more than fifty percent of the general civil law cases filed in this state. The Family Law Section asserts that family law cases differ from general civil law cases in a number of respects, including the fact that a number of statutes, rules, and administrative processes apply only to family law cases. The Section notes that in 1991 this Court required the establishment of family law divisions in all circuits except those serving rural areas. See In re Report of the Comm'n on Family Courts, 588 So.2d 586 (Fla. 1991).

Upon receipt of the petition in this cause, we asked for responses from interested parties. No objections to the establishment of separate rules for family court procedure have been filed. Recognizing that family law cases are different from other civil matters and that the creation of family divisions in the circuit courts underscores the differences between family courts and other civil matters, the Rules of Judicial Administration Committee voted unanimously to support the establishment of separate rules for family law cases. The Juvenile Rules Committee also filed a response in favor of establishing separate family court rules, noting that the family law rules should be distinct from the Juvenile Court Rules.

We agree that separate rules of procedure for family law matters should be established. Accordingly, we amend rule 2.130(b)(3), Florida Rules of Judicial Administration to establish a committee to propose rules in family law matters, as follows:

The Florida Bar shall appoint the following committees to consider rule proposals: Civil Procedure Rules Committee, Criminal Procedure Rules Committee, Small Claims Rules Committee, Traffic Court Rules Committee, Appellate Court Rules Committee, Juvenile Court Rules Committee, Code and Rules of Evidence Committee, Rules of Judicial Administration Committee, Probate Rules Committee, Workers' Compensation Rules Committee, and Family Law Rules Committee.

We request that The Florida Bar immediately appoint the Family Law Rules Committee and request that the initial set of rules for family law be submitted to this Court on or before September 1, 1993. To avoid confusion among members of the Bar who practice in both family law and other civil areas, we request the committee to maintain as much uniformity as possible between its proposed Family Law Rules and the Rules of Civil Procedure. Additionally, we request the committee to use particular care to avoid conflicts with the Rules of Juvenile Procedure.

It is so ordered.

BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.

IN RE FLORIDA RULES OF FAMILY COURT PROCEDURE