Supreme Court of Florida

____________

No. SC2023-1472

____________

IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF 

PROCEDURE.

June 27, 2024

PER CURIAM.

The Florida Bar’s Family Law Rules Committee (Committee) 

has filed a report proposing amendments to Florida Family Law 

Rules of Procedure 12.400 (Confidentiality of Records and 

Proceedings), 12.470 (Exceptions), 12.490 (General Magistrates), 

12.491 (Child Support Enforcement), and 12.740 (Family 

Mediation).1 The Florida Bar’s Board of Governors unanimously 

recommends acceptance of the proposed rule amendments. 

The Committee published its proposal for comment and 

received one comment. After the proposed amendments were filed, 

we published the proposal for comment, and one comment was

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

also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b).
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received. The Committee responded, agreeing with the comment. 

Having reviewed the Committee’s proposal, the comment, and the 

response, we adopt the amendments as proposed with minor 

modifications as suggested in the comment filed. We discuss the 

more significant amendments below.

First, we amend rule 12.400(d) (Conditional Sealing of 

Financial Information) by deleting the reference to subdivision “(d)” 

of Florida Rule of General Practice and Judicial Administration 

2.420. 

Next, we amend rule 12.470 by deleting an outdated reference 

to this Court’s website. We replace it with directions to find the 

Florida Standard Jury Instructions on The Florida Bar’s website.

Also, we amend rules 12.490 and 12.491 by changing the 

deadline to file a motion to vacate from 10 to 15 days. We also 

clarify, in both rules, that “a motion to vacate operates as a motion 

for rehearing under rule 12.530.”

Last, we amend rule 12.740 by expanding the limitations on 

referral to mediation. We amend the rule to include that a party 

must advise the court if there is a domestic violence injunction or a 

conviction of a crime of domestic violence between the parties, or if 
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there has been a history of violence between the parties that would 

compromise the mediation process. In those cases, the court may 

waive mediation entirely or enter appropriate orders to protect the 

mediation process and the parties’ safety. Additionally, we amend 

the rule to include that Title IV-D actions, post-judgment contempt 

and enforcement, and extensions or modifications of injunctions 

may not be referred to mediation absent a finding of good cause by 

the court or consent of the parties.

Accordingly, the Florida Family Law Rules of Procedure are 

amended as reflected in the appendix to this opinion. New 

language is indicated by underscoring; deletions are indicated by 

struck-through type. The amendments will take effect on July 1, 

2024, at 12:01 a.m.

It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

FRANCIS, and SASSO, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Family Law Rules of Procedure

Honorable Howard Ogle McGillin, Jr., Chair, Family Law Rules 

Committee, St. Augustine, Florida, and Joshua E. Doyle, Executive 
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Director, and Kelly Noel Smith, Bar Liaison, The Florida Bar, 

Tallahassee, Florida,

for Petitioner

Sarah E. Kay, Chair, Family Law Section, The Florida Bar, Tampa, 

Florida, Temi N. Zeitenberg, Co-Chair, Rules and Forms Committee, 

Family Law Section, The Florida Bar, Boca Raton, Florida, and 

Marck K. Joseph, Jr., Co-Chair, Rules and Forms Committee, 

Family Law Section, The Florida Bar, Miami, Florida,

Responding with comments
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APPENDIX

RULE 12.400. CONFIDENTIALITY OF RECORDS AND 

PROCEEDINGS

(a) – (c) [No Change]

(d) Conditional Sealing of Financial Information.

(1) [No Change]

(2) Notice of conditional sealing shall beis as 

required by Florida Rule of General Practice and Judicial 

Administration 2.420(d).

(3) [No Change]

Commentary

[No Change]

RULE 12.470. EXCEPTIONS

(a) Adverse Ruling. For appellate purposes, noan

exception shall beis not necessary to any adverse ruling, order, 

instruction, or thing whatsoever said or done at the trial, or prior to 

the trial, or after the verdict, whichthat was said or done after an 

objection was made and considered by the trial court and whichthat

affected the substantial rights of the complaining party complaining 

and whichthat is assigned as error, other than as provided by rules 

12.490 and 12.492.

(b) Instructions to Jury. The Florida Standard Jury 

Instructions appearing on the court’sThe Florida Bar’s website at

www.floridasupremecourt.org/jury_instructions.shtml must be 

used by the trial judges of this state in instructing the jury in civil 

actions to the extent that the Standard Jury Instructions are 

applicable, unless the trial judge determines that an applicable 

Standard Jury Instruction is erroneous or inadequate. If the trial 
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judge modifies a Standard Jury Instruction or gives such other 

instruction as the judge determines necessary to accurately and 

sufficiently instruct the jury, on timely objection to the instruction, 

the trial judge must state on the record or in a separate order the 

legal basis for varying from the Standard Jury Instruction. 

Similarly, in all circumstances in which the notes accompanying 

the Florida Standard Jury Instructions contain a recommendation 

that a certain type of instruction not be given, the trial judge must 

follow the recommendation unless the judge determines that the 

giving of such anthe instruction is necessary to accurately and 

sufficiently instruct the jury, in which event the judge must give 

suchthe instruction as the judge deems appropriate and necessary. 

If the trial judge does not follow such a recommendation of the 

Florida Standard Jury Instructions, on timely objection to the 

instruction, the trial judge must state on the record or in a separate 

order the legal basis of the determination that such instruction is 

necessary. Not later than at the close of the evidence, theThe

parties may file written requests on the law that the court instruct

the jury on the law set forth in such requestsno later than at the

close of the evidence. The court may then require counsel to appear

before it to settle the instructions to be given. At suchthat

conference, all objections must be made and ruled on and the court

must inform counsel of suchthe instructions as the court will give.

No party may assign as error the giving of any instruction or the

failure to give any instruction unless that party objects thereto at

such timethe conference, or the failure to give any instruction 

unless that party requested the same. The court shallmay orally

instruct the jury before or after the arguments of counsel and may 

provide appropriate instructions during the trial. If the instructions

are given before final argument, the presiding judge must give the

jury final procedural instructions after final arguments are

concluded and before deliberations. The court must provide each

juror with a written set of the instructions for his or her use in

deliberations. The court must file a copy of suchthe instructions.

(c) Orders on New Trial; Directed Verdicts; etc. It 

shallis not be necessary to object or except to any order granting or 

denying motions for new trials, directed verdicts, or judgments 

notwithstanding the verdict or in arrest of judgment to entitle the 
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party against whom suchthe ruling is made to have the sameit 

reviewed by an appellate court.

Commentary

[No Change]

RULE 12.490. GENERAL MAGISTRATES

(a) [No Change]

(b) Referral.

(1) No matter shallcan be heard by a general 

magistrate without an appropriate order of referral and the consent 

to the referral of all parties. Consent, as defined in this rule, to a 

specific referral, once given, cannot be withdrawn without good 

cause shown before the hearing on the merits of the matter 

referred. Consent may be express or may be implied in accordance 

with the requirements of this rule.

(A) – (D) [No Change]

(2) – (4) [No Change]

(c) – (d) [No Change]

(e) Entry of Order and Relief from Order.

(1) – (2) [No Change]

(3) UponOn receipt of a recommended order, the 

court must review the recommended order and must enter the order 

promptly unless the court finds that the recommended order is 

facially or legally deficient, in which case, it must identify the 

deficiency by written order and remand to the general magistrate to 

address and, if necessary, conduct further proceedings without the 

necessity of a new order of referral to general magistrate. Any party 

affected by the recommended order may move to vacate the 
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recommended order by filing a motion to vacate within 1015 days 

from the date of entry. Any party may file a cross-motion to vacate 

within 5 days of service of a motion to vacate, provided, however, 

that the filing of a cross-motion to vacate shallwill not delay the 

hearing on the motion to vacate unless good cause is shown.

(4) A motion to vacate the order must be heard 

within 30 days from the date the motion is filed, unless the time 

frame is extended by court order. If applicable, a motion to vacate 

operates as a motion for rehearing under rule 12.530. Thereafter, 

the judge must enter an order rendering a ruling no later than 30 

days after the hearing on the motion to vacate.

(5) The party seeking review shallmust seek to 

schedule a hearing date at the same time that the motion to vacate 

is filed with the court. Failure to seek a hearing date in conformity 

herewith may result in a denial of the motion to vacate.

(6) A timely filed motion to vacate stays the 

enforcement of the recommended order rendered by the court until 

after the court has conducted a hearing on the motion to vacate and 

renders an order granting or denying the motion to vacate.

(f) [No Change]

Commentary

[No Change]

Committee Notes

[No Change]

RULE 12.491. CHILD SUPPORT ENFORCEMENT

(a) Limited Application. This rule shall beis effective only 

when specifically invoked by administrative order of the chief justice 

for use in a particular county or circuit.
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(b) Scope. This rule shall apply toapplies when a party 

seeking support is receiving services pursuant to Title IV-D of the 

Social Security Act (42 U.S.C. §§ 651 et seq.) or on administrative 

order of the chief justice when a party is not receiving Title IV-D 

services in proceedings for:

(1) the establishment, enforcement, or modification 

of child support, or; and

(2) the enforcement of any support order for the parent 

or other person entitled to receive child support in conjunction with 

an ongoing child support or child support arrearage order,

when a party seeking support is receiving services pursuant to Title 

IV-D of the Social Security Act (42 U.S.C. §§ 651 et seq.) and to 

non-Title IV-D proceedings upon administrative order of the chief 

justice.

(c) Support Enforcement Hearing Officers. The chief judge 

of each judicial circuit shallmust appoint such number of support 

enforcement hearing officers for the circuit or any county within the 

circuit as are necessary to expeditiously perform the duties 

prescribed by this rule. A hearing officer shallmust be a member of 

The Florida Bar unless waived by the chief justice and shall serves

at the pleasure of the chief judge and a majority of the circuit 

judges in the circuit.

(d) Assignment. UponOn the filing of a cause of action or 

other proceeding for the establishment, enforcement, or 

modification of support to which this rule applies, the court or clerk 

of the circuit court shallmust assign suchthe proceedings to a 

support enforcement hearing officer, pursuant to procedures to be 

established by administrative order of the chief judge.

(e) General Powers and Duties. The support enforcement 

hearing officer shall be empowered to issue process, administer 

oaths, require the production of documents, and conduct hearings 

for the purpose of taking evidence. A support enforcement hearing 

officer does not have the authority to hear contested paternity 
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cases. All grounds for disqualification of a judge apply to support 

enforcement hearing officers. UponOn the receipt of a support 

proceeding, the support enforcement hearing officer shallmust: 

(1) designate a time and place for an appropriate 

hearing and give notice to each of the parties as may be required by 

law;

(A) The notice or order setting the cause 

for hearing must contain the following language in bold type:

SHOULD YOU WISH TO SEEK REVIEW OF THE ORDER UPON 

THE RECOMMENDATIONS OF THE CHILD SUPPORT 

ENFORCEMENT HEARING OFFICER, YOU MUST FILE A 

MOTION TO VACATE WITHIN 1015 DAYS FROM THE DATE OF 

ENTRY OF THE ORDER IN ACCORDANCE WITH FLORIDA 

FAMILY LAW RULE OF PROCEDURE 12.491(f). YOU WILL BE 

REQUIRED TO PROVIDE THE COURT WITH A RECORD 

SUFFICIENT TO SUPPORT YOUR POSITION OR YOUR MOTION 

WILL BE DENIED. A RECORD ORDINARILY INCLUDES A 

WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. 

THE PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT 

PREPARED FOR THE COURT’S REVIEW.

(B) [No Change]

(2) – (3) [No Change]

(4) evaluate the evidence and promptly make a 

recommended order to the court. SuchThe order shallmust set forth 

findings of fact.

(f) Entry of Order and Relief from Order. UponOn receipt 

of a recommended order, the court shallmust review the 

recommended order and shall enter an order promptly unless good 

cause appears to amend the order, conduct further proceedings, or 

reassign the matter back to the hearing officer to conduct further 

proceedings. If a court reporter was present, the recommended 

order shallmust contain the name and address, telephone number, 
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and e-mail address of the reporter. If the hearing was recorded and 

the litigant did not utilize a court reporter, the order shallmust 

contain information as to how a litigant can obtain a copy of the 

recording. Any party affected by the order may move to vacate the 

order by filing a motion to vacate within 1015 days from the date of 

entry. Any party may file a cross-motion to vacate within 5 days of 

service of a motion to vacate, provided, however, that the filing of a 

cross-motion to vacate shallmust not delay the hearing on the 

motion to vacate unless good cause is shown. If applicable, a 

motion to vacate operates as a motion for rehearing under rule 

12.530. A motion to vacate the order shallmust be heard within 10 

days after the movant applies for hearing on the motion.

(g) [No Change]

(h) Record. For the purpose of hearing on a motion to 

vacate, a record, substantially in conformity with this rule, 

shallmust be provided to the court by the party seeking review.

(1) The record shall consists of the court file, 

including the transcript of the proceedings before the hearing 

officer, if filed, and all depositions and evidence presented to the 

hearing officer.

(2) The transcript of all relevant proceedings 

shallmust be delivered to the judge and provided to opposing 

counsel not less than 48 hours before the hearing on the motion to 

vacate. If less than a full transcript of the proceedings taken before 

the hearing officer is ordered prepared by the moving party, that 

party shall promptly file a notice setting forth the portions of the 

transcript that have been ordered. The responding party shallmust

be permitted to designate any additional portions of the transcript 

necessary to the adjudication of the issues raised in the motion to 

vacate or cross-motion to vacate.

(3) The cost of the original and all copies of the 

transcript of the proceedings shallmust be borne initially by the 

party seeking review, subject to appropriate assessment of suit 

monies. Should any portion of the transcript be required as a result 
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of a designation filed by the responding party, the party making the 

designation shallmust bear the initial cost of the additional 

transcript.

Commentary

[No Change]

Committee Note

[No Change]

RULE 12.740. FAMILY MEDIATION

(a) [No Change]

(b) Referral. Except as provided by law and this rule, all 

contested family matters and issues may be referred to mediation. 

Every effort must be made to expedite mediation of family issues. 

SuchThe referral, or written stipulation of the parties, may provide 

for mediation or arbitration in person, remotely via audio or audiovideo communication technology, or a combination thereof. Absent 

direction in the order of referral, mediation or arbitration must be 

conducted in person, unless the parties stipulate or the court, on 

its own motion or on motion by a party, otherwise orders that the 

proceeding be conducted by communication technology or by a 

combination of communication technology and in-person 

participation.

(c) Limitations on Referral to Mediation.

(1) Parties must advise the court if there is an 

injunction for domestic violence or a conviction of a crime of 

domestic violence between the parties, or if the court finds there 

has been a history of violence between the parties that would 

compromise the mediation process. In those cases, the court may in 

its discretion, waive mediation entirely or enter appropriate orders 

to protect the mediation process and the parties’ safety.
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(2) The following actions may not be referred to 

mediation absent a finding of good cause by the court or consent of 

the parties:

(A) Title IV-D;

(B) post-judgment contempt and 

enforcement; and

(C) extensions or modifications of injunctions

between the parties.

(3) Unless otherwise agreed by the parties, family 

matters and issues may be referred to a mediator or mediation 

program which charges a fee only after the court has determined 

that the parties have the financial ability to pay such a fee. This 

determination may be based upon the parties’ financial affidavits or 

other financial information available to the court. When the 

mediator’s fee is not established under section 44.108, Florida 

Statutes, or when there is no written agreement providing for the 

mediator’s compensation, the mediator shallmust be compensated 

at an hourly rate set by the presiding judge in the referral order. 

The presiding judge may also determine the reasonableness of the 

fees charged by the mediator. When appropriate, the court shallmay 

apportion mediation fees between the parties and shall state each

party’s share in the order of referral. Parties may object to the rate 

of the mediator’s compensation within 15 days of the order of 

referral by serving an objection on all other parties and the 

mediator.

(d) [No Change]

(e) Completion of Mediation. Mediation shallmust be 

completed within 75 days of the first mediation conference unless 

otherwise ordered by the court.

(f) Report on Mediation.
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(1) If agreement is reached as to any matter or issue, 

including legal or factual issues to be determined by the court, the 

agreement shallmust be reduced to writing, signed by the parties, 

and submitted to the court unless the parties agree otherwise. By 

stipulation of the parties, the agreement may be electronically or 

stenographically recorded and made under oath or affirmed. In 

suchthat event, an appropriately signed transcript may be filed with 

the court. Signatures may be original, electronic, or facsimile, and 

may be in counterparts.

(2) After the agreement is filed, the court shallmust 

take action as required by law. When court approval is not 

necessary, the agreement shall becomes binding upon filing. When 

court approval is necessary, the agreement shall becomes binding 

upon approval. In either event, the agreement shallmust be made 

part of the final judgment or order in the case.

(3) If the parties do not reach an agreement as to 

any matter as a result of mediation, the mediator shallmust report 

the lack of an agreement to the court without comment or 

recommendation. With the consent of the parties, the mediator’s 

report may also identify any pending motions or outstanding legal 

issues, discovery process, or other action by any party which, if 

resolved or completed, would facilitate the possibility of a 

settlement.

Commentary

[No Change]