Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit
in and for Sarasota, Manatee, and DeSoto Counties, Florida

Administrative Order 2017–7.12

(Amends 2016–2.12)

Whereas, section 409.2557, Florida Statutes, provides the Department of Revenue with authority to initiate cases to determine paternity and to establish, enforce, modify, and collect child support obligations;

Whereas, section 409.2564(5), Florida Statutes, provides, “Whenever the department has undertaken an action to determine paternity, to establish an obligation of support, or to enforce or modify an obligation of support, the department shall be a party to the action only for those limited purposes allowed under Title IV-D of the Social Security Act.” The Department of Revenue’s attorney of record may only litigate those actions specifically authorized by state and federal law;

Whereas, child support and paternity cases that are initiated by the Department of Revenue are brought on behalf of the taxpayers of Florida strictly for those limited purposes, and are not intended to be used as an underlying action for litigation of any unrelated issues such as dissolution of marriage, parental responsibility, timesharing, or equitable distribution of assets and liabilities;

Whereas, the Florida Legislature expects the litigants in the Court system to help pay for the high cost of court operations; and

Whereas, section 28.241(1), Florida Statutes, requires that “the party instituting any civil action, suit, or proceeding in the circuit court shall pay to the clerk of that court a filing fee...”, so that any attempts to institute a proceeding without paying the requisite filing fees is unlawful.

Whereas, Florida Family Law Rule of Procedure 12.270 and Florida Rule of Civil Procedure 1.270 allow a court to consolidate all actions involving a common question of law or fact pending before the court.

Now therefore, pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is Ordered that:

1. Any pleading, including any Counter-Petition, Petition, or Motion, filed regarding issues other than paternity or child support (e.g., dissolution of marriage, parental responsibility, timesharing, equitable distribution of assets, petitions for relocation, etc.), must be filed in a case separate than the Department of Revenue initiated case, and will be subject to designated, applicable filing fees;
2. If any pleading, including any Counter-Petition, Petition, or Motion, is filed seeking relief on issues regarding anything other than child support or paternity in a Department of Revenue initiated case, it will not be docketed by the Clerk of Court, because a new case must be filed by the litigant or litigant’s attorney, with the appropriate filing fees;
3. In accordance with Florida Rule of Judicial Administration 2.545(d), petitioners in Family Division cases must complete and file a Notice of Related Cases form in conformity with Florida Family Law Rule of Procedure Form 12.900(h), if related cases are known and ascertainable. In addition, Rule 2.545(d)(4) provides that the petitioner must file the Notice of Related Cases in each related case and serve the Notice on all other parties in each of the related cases that are currently open and pending with the court;
4. This Administrative Order shall take effect immediately, and may be applied retroactively to actions filed on or after February 4, 2016, for all newly filed pleadings, including any Counter-Petitions, Petitions or Motions, seeking relief on issues regarding anything other than child support or paternity. Any such pleading that was filed prior to the effective date of Administrative Order 2016-2.12 as entered on February 4, 2016 shall be permissible without having to file a separate action or a new filing fee, and will not be affected by this Order;
5. This Administrative Order shall not preclude the court from hearing both Department of Revenue and non-Department of Revenue initiated cases at the same time and upon proper notice and, if appropriate, consolidating the Department of Revenue and non-Department of Revenue initiated cases at a later date after the initial filing and after all initial filing fees have been paid;
6. This Administrative Order does not apply to cases initiated by non-Department of Revenue litigants or litigant’s attorneys for the purposes of dissolution of marriage, parental responsibility, timesharing, relocation, etc. and in which the Department of Revenue starts providing Title IV-D child support enforcement services after the initial opening of the case;
7. Any portion of any other Administrative Order that might be inconsistent with this Administrative Order is hereby vacated and superseded;
8. This Administrative Order shall remain in full force and effect unless and until otherwise ordered by the Court.

Done and ordered in Sarasota, Sarasota County, Florida on this 16^th day of May 2017.

Charles E. Williams, Chief Judge
Twelfth Judicial Circuit