Fla. Fam. L. R. P. 12.285

RULE 12.285

MANDATORY DISCLOSURE

(a) Application.

(1) Scope. This rule applies to all proceedings within

the scope of these rules except proceedings involving adoption,

simplified dissolution, enforcement, contempt, injunctions for

protection against domestic, repeat, dating, or sexual violence, or

stalking, and uncontested dissolutions when the respondent is

served by publication and does not file an answer. Additionally, no

financial affidavit or other documents shall be required under this

rule from a party seeking attorneys’ fees, suit money, or costs, if the

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basis for the request is solely under section 57.105, Florida

Statutes, or any successor statute. Except for the provisions as to

child support guidelines worksheets, any portion of this rule may be

modified by order of the court or agreement of the parties.

(2) Original and Duplicate Copies. Unless otherwise

agreed by the parties or ordered by the court, copies of documents

required under this rule may be produced in lieu of originals.

Originals, when available, must be produced for inspection upon

request. Parties shall not be required to serve duplicates of

documents previously served.

(3) Documents Not to be Filed with Court; Sanctions.

(A) Except for the financial affidavit and child

support guidelines worksheet, no documents produced under this

rule shall be filed in the court file without first obtaining a court

order.

(B) References to account numbers and personal

identifying information to be filed in the court file are governed by

Florida Rule of General Practice and Judicial Administration 2.425.

(C) Sanctions are governed by rule 12.380.

(b) Time for Production of Documents.

(1) Temporary Financial Relief Hearings. Any document

required under this rule in any temporary financial relief

proceeding, whether an initial proceeding or supplemental

proceeding, must be served on the other party for inspection and

copying as follows.

(A) Any party seeking relief must serve the

required documents on the other party at least ten days prior to the

temporary financial hearing, unless the documents have already

been served under subdivision (b)(2).

(B) The responding party, if not otherwise seeking

relief, must serve the required documents on the party seeking

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relief at least five days prior to the temporary financial hearing,

unless the documents have already been served under subdivision

(b)(2) of this rule.

(2) Initial and Supplemental Proceedings. Any document

required under this rule for any initial or supplemental proceeding

must be served on the other party for inspection and copying within

45 days of service of the initial pleading on the respondent.

(c) Exemption from Requirement to File and Serve

Financial Affidavit.

(1) The parties are not required to file or serve a

financial affidavit under subdivisions (d) and (e) if they are seeking a

simplified dissolution of marriage under rule 12.105, they have no

minor children, have no support issues, and have filed a written

settlement agreement disposing of all financial issues, or if the

court lacks jurisdiction to determine any financial issues.

(2) Upon agreement of the parties and filing of a notice

of joint verified waiver of filing financial affidavits, the court shall

not require that financial affidavits be filed. In the notice, both

parties must acknowledge:

(A) that evidence of their current or past financial

circumstances may be necessary for future court proceedings;

(B) they each have provided the other with a fully

executed and sworn financial affidavit in conformity with Florida

Family Law Form 12.902(b) or 12.902(c), as applicable;

(C) that the responsibility to retain copies of all

affidavits exchanged rests solely with the parties;

(D) that the waiver only applies to the current filing

and does not automatically apply to any future filings; and

(E) that the waiver may be revoked by either party

at any time.

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(d) Disclosure Requirements for Temporary Financial

Relief. In any proceeding for temporary financial relief heard within

45 days of the service of the initial pleading or within any extension

of the time for complying with mandatory disclosure granted by the

court or agreed to by the parties, the following documents must be

served on the other party:

(1) A financial affidavit in substantial conformity with

Florida Family Law Rules of Procedure Form 12.902(b) if the party’s

gross annual income is less than $50,000, or Florida Family Law

Rules of Procedure Form 12.902(c) if the party’s gross annual

income is equal to or more than $50,000. This requirement cannot

be waived by the parties.

(2) All complete federal and state personal income tax

returns, gift tax returns, and foreign tax returns filed by the party

or on the party’s behalf for the past 3 years, including all

attachments, including Forms W-2, 1099, K-1, and all

accompanying schedules and worksheets comprising the entire tax

return. A party may file a transcript of the tax return as provided by

Internal Revenue Service Form 4506 T in lieu of his or her

individual federal income tax return for purposes of a temporary

hearing.

(3) IRS forms W-2, 1099, and K-1 for the past year, if

the income tax return for that year has not been prepared. If

income tax returns have not been filed for any of the prior 2 years

beyond the past year, then IRS forms W-2, 1099, and K-1 for those

prior 2 years as well.

(4) Pay stubs or other evidence of earned income for the

6 months before compliance with these disclosure requirements for

temporary financial relief.

(e) Parties’ Disclosure Requirements for Initial or

Supplemental Proceedings. A party must serve the following

documents in any proceeding for an initial or supplemental request

for permanent financial relief, including, but not limited to, a

request for child support, alimony, equitable distribution of assets

or debts, or attorneys’ fees, suit money, or costs:

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(1) A financial affidavit in substantial conformity with

Florida Family Law Rules of Procedure Form 12.902(b) if the party’s

gross annual income is less than $50,000, or Florida Family Law

Rules of Procedure Form 12.902(c) if the party’s gross annual

income is equal to or more than $50,000, which requirement

cannot be waived by the parties. A party may request, by using the

Standard Family Law Interrogatories, or the court on its own

motion may order, a party whose gross annual income is less than

$50,000 to complete Florida Family Law Rules of Procedure Form

12.902(c). All documents supporting the income, assets, and

liabilities figures entered into the financial affidavit must also be

produced.

(2) All complete federal and state personal income tax

returns, gift tax returns, and foreign tax returns filed by the party

or on the party’s behalf for the past 3 years, including all

attachments, including Forms W-2, 1099, K-1, and all accompany

schedules and worksheets comprising the entire tax return. A party

may file a transcript of the tax return as provided by Internal

Revenue Service Form 4506T in lieu of his or her individual federal

income tax return for purposes of a temporary hearing.

(3) IRS forms W-2, 1099, and K-1 for the past year, if

the income tax return for that year has not been prepared. If

income tax returns have not been filed for any of the prior 2 years

beyond the past year, then IRS forms W-2, 1099, and K-1 for those

prior 2 years as well.

(4) Pay stubs or other evidence of earned income for the

6 months before compliance with these disclosure requirements for

initial or supplemental proceedings.

(5) A statement by the producing party identifying the

amount and source of all income received from any source during

the 6 months preceding the compliance with these disclosure

requirements for initial or supplemental proceedings if not reflected

on the pay stubs produced.

(6) All loan applications, financial statements, credit

reports, or any other form of financial disclosure, including

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financial aid forms, prepared or used within the 24 months

preceding compliance with these disclosure requirements for initial

or supplemental proceedings, whether for the purpose of obtaining

or attempting to obtain credit or for any other purpose.

(7) All deeds evidencing any ownership interest in

property held at any time during the last 3 years, all promissory

notes or other documents evidencing money owed to either party at

any time within the last 24 months, and all leases, whether held in

the party’s name individually, in the party’s name jointly with any

other person or entity, in the party’s name as trustee or guardian

for a party or a minor or adult dependent child of both parties, or in

someone else’s name on the party’s behalf wherein either the party:

(A) is receiving or has received payments at any

time within the last 3 years for leased real or personal property, or

(B) owns or owned an interest.

(8) All periodic statements from the last 12 months for

all checking accounts, and for all other accounts (for example,

savings accounts, money market funds, certificates of deposit, etc.),

regardless of whether or not the account has been closed, including

those held in the party’s name individually, in the party’s name

jointly with any other person or entity, in the party’s name as

trustee or guardian for a party or a minor or adult dependent child

of both parties, or in someone else’s name on the party’s behalf. For

all accounts that have check-writing privileges, copies of canceled

checks and registers, whether written or electronically maintained,

shall also be produced, so that the payee and purpose of each

individual instrument can be ascertained.

(9) All brokerage account statements in which either

party to this action held within the last 12 months or holds an

interest including those held in the party’s name individually, in the

party’s name jointly with any person or entity, in the party’s name

as trustee or guardian for a party or a minor or adult dependent

child of both parties, or in someone else’s name on the party’s

behalf. For all accounts that have check-writing privileges, copies of

canceled checks and registers, whether written or electronically

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maintained, shall also be produced, so that the payee and purpose

of each individual instrument can be ascertained.

(10) The most recent statement and statements for the

past 12 months for any profit sharing, retirement, deferred

compensation, or pension plan (for example, IRA, 401(k), 403(b),

SEP, KEOGH, or other similar account) in which the party is a

participant or an alternate payee receiving payments and the

summary plan description for any retirement, profit sharing, or

pension plan in which the party is a participant or an alternate

payee receiving payments. (The summary plan description must be

furnished to the party on request by the plan administrator as

required by 29 U.S.C. § 1024(b)(4).)

(11) The most recent statement and statements for the

past 12 months for any virtual currency transactions in which

either party to this action participated within the last 12 months or

holds an interest, including those held in the party’s name

individually, in the party’s name jointly with any person or entity, in

the party’s name as trustee or guardian for a party or a minor or

adult dependent child of both parties, or in someone else’s name on

the party’s behalf. Virtual currency is a digital representation of

value that functions as a medium of exchange, a unit of account,

and/or a store of value. A listing of all current holdings of virtual

currency shall also be disclosed.

(12) The declarations page, the last periodic statement,

statements for the past 12 months, and the certificate for all life

insurance policies insuring the party’s life or the life of the party’s

spouse, whether group insurance or otherwise, and all current

health and dental insurance cards covering either of the parties

and/or their dependent children.

(13) Corporate, partnership, and trust tax returns for

the last 3 tax years if the party has an ownership or interest in a

corporation, partnership, or trust.

(14) All promissory notes evidencing a party’s

indebtedness for the last 24 months, whether since paid or not, all

credit card and charge account statements and other records

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showing the party’s indebtedness as of the date of the filing of this

action and for the last 24 months preceding compliance with these

disclosure requirements, and all present lease agreements, whether

owed in the party’s name individually, in the party’s name jointly

with any other person or entity, in the party’s name as trustee or

guardian for a party or a minor or adult dependent child of both

parties, or in someone else’s name on the party’s behalf.

(15) All written premarital or marital agreements entered

into at any time between the parties to this marriage, whether

before or during the marriage, and all affidavits and declarations of

non-paternity or judgments of disestablishment of paternity for any

minor or dependent children born or conceived during the marriage.

Additionally, in any modification proceeding, each party must serve

on the opposing party all written agreements entered into between

them at any time since the order to be modified was entered.

(16) All documents supporting the producing party’s

claim that an asset or liability is nonmarital, for enhancement or

appreciation of nonmarital property, or for an unequal distribution

of marital property. The documents produced must be for the time

period from the date of acquisition of the asset or debt to the date of

production or from the date of the marriage, if based on premarital

acquisition.

(17) Any court orders directing a party to pay or receive

spousal or child support.

(f) Duty to Supplement Disclosure; Amended Financial

Affidavit.

(1) Parties have a continuing duty to supplement

documents described in this rule, including financial affidavits,

whenever a material change in their financial status occurs.

(2) If an amended financial affidavit or an amendment

to a financial affidavit is filed, the amending party must also serve

any subsequently discovered or acquired documents supporting the

amendments to the financial affidavit.

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(g) Sanctions. Any document to be produced under this rule

that is not served on the opposing party within the time periods set

forth in subdivision (b)(1), as applicable, before a nonfinal hearing

or in violation of the court’s pretrial order shall not be admissible in

evidence at that hearing unless the court finds good cause for the

delay. In addition, the court may impose other sanctions authorized

by rule 12.380 as may be equitable under the circumstances. The

court may also impose sanctions upon the offending lawyer in lieu

of imposing sanctions on a party.

(h) Extensions of Time for Complying with Mandatory

Disclosure. By agreement of the parties, the time for complying

with mandatory disclosure may be extended. Either party may also

file, before the due date, a motion to enlarge the time for complying

with mandatory disclosure. The court must grant the request for

good cause shown.

(i) Objections to Mandatory Automatic Disclosure.

Objections to the mandatory automatic disclosure required by this

rule shall be served in writing at least 5 days before the due date for

the disclosure or the objections shall be deemed waived. The filing

of a timely objection, with a notice of hearing on the objection,

automatically stays mandatory disclosure for those matters within

the scope of the objection. For good cause shown, the court may

extend the time for the filing of an objection or permit the filing of

an otherwise untimely objection. The court must impose sanctions

for the filing of meritless or frivolous objections.

(j) Certificate of Compliance. All parties subject to

automatic mandatory disclosure must file with the court a

certificate of compliance, Florida Family Law Rules of Procedure

Form 12.932, identifying with particularity the documents which

have been delivered and certifying the date of service of the financial

affidavit and documents by that party. The party must swear or

affirm under oath that the disclosure is complete, accurate, and in

compliance with this rule, unless the party indicates otherwise,

with specificity, in the certificate of compliance.

(k) Child Support Guidelines Worksheet. If the case

involves child support, the parties must file with the court at or

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before a hearing to establish or modify child support a Child

Support Guidelines Worksheet in substantial conformity with

Florida Family Law Rules of Procedure Form 12.902(e). This

requirement cannot be waived by the parties.

(l) Place of Production.

(1) Unless otherwise agreed by the parties or ordered

by the court, all production required by this rule takes place in the

county where the action is pending and in the office of the attorney

for the party receiving production. Unless otherwise agreed by the

parties or ordered by the court, if a party does not have an attorney

or if the attorney does not have an office in the county where the

action is pending, production takes place in the county where the

action is pending at a place designated in writing by the party

receiving production, served at least 5 days before the due date for

production.

(2) If venue is contested, on motion by a party the court

must designate the place where production will occur pending

determination of the venue issue.

(m) Failure of Defaulted Party to Comply. Nothing in this

rule shall be deemed to preclude the entry of a final judgment when

a party in default has failed to comply with this rule.

1995 Adoption. This rule creates a procedure for automatic

financial disclosure in family law cases. By requiring production at

an early stage in the proceedings, it is hoped that the expense of

litigation will be minimized. See Dralus v. Dralus, 627 So.2d 505

(Fla. 2d DCA 1993); Wrona v. Wrona, 592 So.2d 694 (Fla. 2d DCA

1991); and Katz v. Katz, 505 So.2d 25 (Fla. 4th DCA 1987). A

limited number of requirements have been placed upon parties

making and spending less than $50,000 annually unless otherwise

ordered by the court. In cases where the income or expenses of a

party are equal to or exceed $50,000 annually, the requirements are

much greater. Except for the provisions as to financial affidavits,

other than as set forth in subdivision (k), any portion of this rule

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may be modified by agreement of the parties or by order of the

court. For instance, upon the request of any party or on the court’s

own motion, the court may order that the parties to the proceeding

comply with some or all of the automatic mandatory disclosure

provisions of this rule even though the parties do not meet the

income requirements set forth in subdivision (d). Additionally, the

court may, on the motion of a party or on its own motion, limit the

disclosure requirements in this rule should it find good cause for

doing so.

1997 Amendment. Except for the form of financial affidavit

used, mandatory disclosure is made the same for all parties subject

to the rule, regardless of income. The amount of information

required to be disclosed is increased for parties in the under-

$50,000 category and decreased for parties in the $50,000-or-over

category. The standard family law interrogatories are no longer

mandatory, and their answers are designed to be supplemental and

not duplicative of information contained in the financial affidavits.

1998 Amendment. If one party has not provided necessary

financial information for the other party to complete a child support

guidelines worksheet, a good faith estimate should be made.

2005 Amendment. The requirement that a party certify

compliance with mandatory disclosure is intended to facilitate full

disclosure and prevent a party from alleging that he or she did not

know he or she had to provide documents required by this rule.

This certification does not relieve the party of the duty to

supplement disclosure.

2012 Amendment. Subdivision (b)(1)(B) is amended to

provide for e-mail service in accordance with Florida Rule of

Judicial Administration 2.516.

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