In the Circuit Court of the Twelfth Judicial Circuit in and for
DeSoto, Manatee, and Sarasota Counties, Florida
Administrative Order NO: 2022–16.12
In Re:
Regarding the Use of Form Petitions for
Protection Against Domestic Violence,
Repeat Violence, Dating Violence, Sexual
Violence, And Stalking
(Forms 12.980(a), (f), (n), (q), and (t))
Effective October 1, 2022, Florida Supreme Court Approved Family Law Forms 12.980(a), (f), (n), (q) and (t) were adopted and published in the appendix to Florida Supreme Court Order SC22-1. [1] The instructions to each of the aforesaid Florida Supreme Court Approved Family Law Forms requires the form to be signed in “the presence of a notary or in front of the clerk of the circuit court.” (emphasis in the original).
The bodies of the Forms as published in SC22-1 do not include an attestation signature line labeled for the clerk of the circuit court or her deputy clerks. It is the purpose of this Administrative Order that the forms hereto attached be used in the Twelfth Judicial Circuit, which reflect and clarify that the Clerk of Court or her deputy clerks are duly authorized to take the oath of a Petitioner, endorse the said form petitions, and accept same.
Section 92.50(1), Florida Statutes, allows that any oath, affidavit, and acknowledgment required to be taken when filing the petitions which are the subject of this Order, may be taken or administered by any clerk or deputy clerk of any court of the Twelfth Judicial Circuit.
The undersigned, having reviewed the attached Forms and finding them to be compliant with current Florida Law and not inconsistent with approved Family Law Forms, it is deemed necessary and appropriate for the prompt, effective, and efficient progression of family law cases to approve forms including a signature line for the Clerk and deputy clerks.
By the power vested in the Chief Judge under Article V, section 2(d) of the Florida Constitution, section 43.26, Florida Statutes, and Rule 2.215(b), Florida Rules of General Practice and Judicial Administration, it is therefore ordered and adjudged as follows:
- The attached form petitions shall be used within the Twelfth Judicial Circuit and disseminated to the general public for the reason of self-help.
- Each Clerk of the Circuit Court and her deputy clerks are instructed to accept properly attested to form petitions without requiring said form petitions be notarized.
- As this Order is intended to clarify and endorse long practiced procedure by clerks and deputy clerks throughout the Twelfth Judicial Circuit, nothing in this Order shall be construed to affect the validity of any previously submitted petition by reason of acceptance of same containing a signed endorsement made by a Clerk or deputy clerk in accordance with section 92.50(1), Florida Statutes, or other applicable Florida Law.
- This Order is effective immediately and shall remain in full force and effect until such time the Florida Supreme Court adopts revised versions of the form petition. At such time, this Administrative Order shall be automatically rescinded, and the Twelfth Judicial Circuit shall use the Florida Supreme Court forms.
- Nothing in this Administrative Order shall in any way affect the validity of any other Twelfth Judicial Circuit Administrative Order, or any portion thereof, except to the extent that the attached Forms are to be used as a substitute for Forms 12.980(a), (f), (n), (q), and (t).
Done and ordered in chambers, Sarasota County, Florida this 21st day of November, 2022.
Charles E. Roberts
Chief Judge
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