7 Law Changes in 2015

1. Florida consumers get a small break on insurance premiums Jan. 1

Florida Catastrophe (CAT) Fund is eliminating the 1.3 percent assessment on policies issued or renewed starting Jan. 1. The price cut will affect all sorts of insurance policies: homeowner, auto, business, rentals, religious and charity institutions, local governments and school boards.

2. A new law will require children through age 5 to be placed in car seats or booster seats while riding in vehicles. Effective January 1, 2015.

3. The state's minimum wage will increase from $7.93 to $8.05 an hour, thanks to a 2004 constitutional amendment that leads to annual adjustments. Effective January 1, 2015.

4. Employers will see an overall 5.2 percent decrease in workers-compensation insurance rates. Effective January 1, 2015.

5. New Law Requiring Background Screening for Massage Therapists prior to Jan 31, 2015

Effective July 1, 2014, the following individuals must undergo a criminal background screening prior to January 31, 2015:

• All massage therapists licensed in this state prior to July 1, 2014;
• Any person with an ownership interest in a massage establishment licensed in this state prior to July 1, 2014, or
• If the massage establishment is owned by a corporation that has more than $250,000 of business assets in this state, the owner, officer or individual directly involved in the management of the establishment will be required to submit to background screening.

6. A law will go into effect for millions of families whose homes have battery-powered smoke alarms. In an effort to reduce residential fire fatalities the Florida Building Code will require homeowners to install 10-year, sealed-battery smoke alarms when replacing outdated or non-working alarms or installing new ones.

7. Gay Marriage Ban - The date to watch is January 6, 2015. Florida Attorney General Pam Bondi earns the title: "modern-day Anita Bryant'" Read more about the controversy and follow the timeline here.

New Document Formatting Required in Florida Courts

Update - it appears that this order applies primarily to formatting of official records. And the only change for now seems to be the 1" margin requirement and page numbering.

Pro Se Litigants and Document Preparers:

The following Clerk Alert was sent out by the Palm Beach Clerks to the legal community to let people know about changes that will soon take effect. At the moment it is not entirely clear whether all counties will be strictly adhering to this order. I called the Pro Se Help Desk in Sarasota County and the representative was not aware of new formatting requirements, even after he conferred with his supervisor. However, my associate in Palm Beach County who first brought this to my attention was told by the clerk's office that in Palm Beach County the new formatting requirements apply to all documents filed in that circuit. 

This has potential to be a huge ongoing mess. The Supreme Court published new family law forms [Financial Affidavits and Petition for Simplified Dissolution] which are also effective on 1/1/15, but they are not formatted according to the new requirements. So which is it?

The first line of the appendix to the order below, states "Electronic Filing Mandatory". As far as I know, electronic filing is not mandatory for pro se litigants. So does that mean that these format changes do not apply to pro se litigants?

The appendix to the order posted below, paragraph (1) states that it applies to official documents. Are pleadings like petitions and motions official documents? I don't think so. 

The new formatting requirements seem to require that every document filed needs to have the 3"x 3" square at the top right blank, the space to be reserved for the clerk's stamp. This format is required in probate forms and has been for some time. Also the new formatting requires a 1"x 3" square to be left blank in subsequent pages in the same document.

A 1" margin on all sides is to be left blank.

Pages are to be numbered consecutively, centered at the bottom of the page: Page 1; Page 2; etc.

Document preparers please check with your local clerk of courts to find out how they are handling these formatting changes. Consumers and pro se litigants, please be aware of these changes and know that, unfortunately, the changes were not made with you in mind.

Supreme

Court of Florida

____________

No. SC14-721

____________

IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.520.

[November 26, 2014]

PER CURIAM.

We have for consideration an out-of-cycle report proposing amendments to Florida Rule of Judicial Administration 2.520 (Documents) filed by The Florida Bar’s Rules of Judicial Administration Committee (Committee). See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction and adopt these noncontroversial amendments as proposed.

BACKGROUND

According to the Committee’s report, the more significant amendments address format requirements for paper documents filed with the court and the use of margins by the clerks of court, which are issues of great concern to the clerks.

The proposed amendments were approved by the Committee by a vote of 36-1 and were unanimously approved by the Board of Governors of The Florida Bar. The Committee did not publish the proposals before filing them with the Court. The Court published the proposals for comment after they were filed. But, no comments were filed.

AMENDMENTS

The more significant amendments are to subdivisions (b) (Type and Size) and (d) (Recording Space) of the rule. In order to make it easier for clerks to scan paper documents, subdivision (b) is amended, as proposed, to require paper documents filed with the court to be legibly typewritten or printed, on only one side of letter-sized white recycled paper with one-inch margins and consecutively numbered pages. Subdivision (b) also is amended, as proposed, to clarify that all documents electronically filed must be filed in a format capable of being electronically searched consistent with state and federal accessibility requirements. Subdivision (d) (Recording Space) is amended, as proposed, to add a one-inch margin requirement and format, location, and font-size requirements for the date and time stamp on electronically filed documents.

CONCLUSION

Accordingly, we amend the Florida Rules of Judicial Administration as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective January 1, 2015, at 12:01 a.m.

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.

APPENDIX

RULE 2.520. DOCUMENTS

(a) Electronic Filing Mandatory. All documents filed in any court shall be filed by electronic transmission in accordance with rule 2.525. “Documents” means pleadings, motions, petitions, memoranda, briefs, notices, exhibits, declarations, affidavits, orders, judgments, decrees, writs, opinions, and any other paper or writing submitted to a court. (b) Type and Size. Documents subject to the exceptions set forth in rule 2.525(d) shall be legibly typewritten or printed, on only one side of letter sized (8 1/2 by 11 inch) white recycled paper with one inch margins and consecutively

numbered pages filed on recycled paper measuring 8 ½ X 11 inches. For purposes of this rule, paper is recycled if it contains a minimum content of 50 percent waste paper. Xerographic Reduction of legal-size (8 1/2 by 14 inches) documents to letter size (8 1/2 by 11 inches) is prohibited. All other documents filed by electronic transmission shall comply with rule 2.526 and be filed in a format

capable of being electronically searched and printed in a format consistent with the

provisions of this rule. (c) Exhibits. Any exhibit or attachment filed with pleadings or papers to

any document may be filed in its original size. (d) Recording Space and Space for Date and Time Stamps.

(1) On all papers and documents prepared and filed by the court or by any party to a proceeding which are to be recorded in the public records of any county, including but not limited to final money judgments and notices of lis pendens, a 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page shall be left blank and reserved for use by the clerk of court.

(2) On all documents filed with the court, a 1-inch margin on all sides must be left blank for date and time stamps.

(A) Format. Date and time stamp formats must include a single line detailing the name of the court or Portal and shall not include clerk seals. Date stamps must be eight numerical digits separated by slashes with two digits for the month, two digits for the date, and four digits for the year. Time - 5 - stamps must be formatted in twelve hour time frames with a.m. or p.m. included. The font size and type must meet the Americans with Disabilities Act requirements.

(B) Location. The Portal stamp shall be on the top left of the document. The Florida Supreme Court and district courts of appeal stamps shall be on the left margin horizontally. Any administrative agency stamp shall be on the right margin horizontally. The clerk’s stamp for circuit and county courts shall

be on the bottom of the document.

(e) Exceptions to Recording Space. Any papers or documents created by persons or entities over which the filing party has no control, including but not limited to wills, codicils, trusts, or other testamentary documents; documents prepared or executed by any public officer; documents prepared, executed,

acknowledged, or proved outside of the State of Florida; or documents created by State or Federal government agencies, may be filed without the space required by this rule.

(f) Noncompliance. No clerk of court shall refuse for filing to file any document or paper because of noncompliance with this rule. However, upon request of the clerk of court, noncomplying documents shall be resubmitted in accordance with this rule.

Happy Holidays!

HAPPY HOLIDAYS ~  MERRY CHRISTMAS ~ FELIZ NAVIDAD ~ JOYEUX NOËL ~ Gëzuar Krishtlindjet ~ FROHE WEIHNACHTEN ~ VROLIJK KERSTFEEST ~ FELIZ NATAL ~ WESOŁYCH ŚWIĄT ~ PEACE ~ PAZ ~ PAIX ~ HEDDWCH ~ BARIŞ ~ VREDE ~ МИР ~ ΕΙΡΗΝΗ ~ FRED ~ OTIUM ~ สันติภาพ ~ ԽԱՂԱՂՈՒԹՅԱՆ ~ МІР ~ শান্তি ~ PAU ~ KALINAW ~ MTENDERE ~ MIR ~ PACO ~ kapayapaan ~ શાંતિ ~ salama ~ TAIKOS ~ FIADANANA ~ സമാധാന ~ शांती ~ Äотоод амар тайвнаа олох ~ शान्ति ~ ਅਮਨ ~ KHOTSO ~ මෙම PEACE ~ NABADDA ~ nabina ~ СУЛҲУ ~ மனிதரெல்லாம் ~ СВІТ ~ tINChLIK ~ UKUTHULA

PEACE ON EARTH.

FALDP BOGO Online Courses are Back!

 The Florida Association of Legal Document Preparers is offering Buy One GetOne online courses for legal document preparers through December 20, 2014.

Enroll in one course and receive the second course of lesser or equal value for free. After enrolling in your course, send us an email with "My Free Course" in the subject line - and we'll send you the link to your free course. It's that simple. Email us at staff@faldp.org. Our courses are all completely online and self-paced.

If you've considered taking courses to learn how to prepare documents to solve your own legal dilemma; or find you are the go to person in your family or community -- our courses may be just right for you. You do not need to be a member of our association to take our courses.

               WWW.FALDP.ORG                      

 Choose from 10            Courses!

Pre-Crime and UPL

Remember the 2002 film "Minority Report" directed by Steven Spielberg and starring Tom Cruise? Set in 2054 Washington D.C., the movie's premise was that three people with clairvoyant powers, called "Pre-Cogs" could predict crime down to the who, what, and where. Tom Cruise's character, John Anderton was in charge of the Pre-Crime Unit and believed wholeheartedly in the system's flawless accuracy. Until one day, one of the Pre-Cogs predicted that he would murder someone within the next 36 hours.

It's a riveting film that raises multiple questions about the dark side of predictive analytics. Police departments are currently testing programs that predict where crimes may occur. According to a May, 2014 article in CNN Tech by Heather Kelly, the program appears deceptively simple.

"A map of a city is marked up with small red squares, each indicating a 500-by-500-foot zone where crimes are likely to take place next. A heat-map mode shows even more precisely where cars may be stolen, houses robbed, people mugged.

The program is called PredPol, and it calculates its forecasts based on times and locations of previous crimes, combined with sociological information about criminal behavior and patterns. The technology has been beta tested in the Santa Cruz, California police department for the past year, and in an L.A. police precinct for the past six months, with promising results."

We intuitively use predictive analysis daily by making personal and business decisions based on the past. We also encounter multiple instances of predictive analytic algorithms as we navigate through life. Did you see those suggestions after you chose a Netflix film? Based on your past behavior the software generates suggestions that seem to meet your criteria. Predictive analytic models were used to predict and assess future risks in marketing mortgage backed securities. These models became more and more complex as the developers attempted to control for unknown variables. The Netflix suggestions are rarely 100% on point. And, we only have to look back to 2008 to realize that despite all the analytic models controlling for all possible unknowns; and all the king's horses and all the king's men, Humpty Dumpty still fell off the wall. The analysts failed to know all the unknowns, and failed to foresee other circumstances that finally proved their analytic models unsound. In the housing market crash, the models did not foresee that so many homeowners would default on their mortgage payments at the same time.

Florida legal document preparers encounter a special type of predictive analytics perpetrated by and through the Florida Bar UPL Committee. Most of the letters sent to document preparers upon the opening of a Florida Bar investigation about their engagement in the unauthorized practice of law, begin: "you may be engaging in the unauthorized practice of law". The basis for the allegations are more like the methods used by the clairvoyant Pre-Cogs than based on any actual past behavior. In fact, only a small percentage of UPL complaints are initiated by consumers. The lion's share of UPL complaints, in Florida at least, are initiated by attorneys or the Florida Bar UPL Committee itself. Consumer harm rarely seems to come into the picture, rather, vague assertions that are all the more sinister for their failure to even allege consumer harm are common.

A May 2014 article by Tom Gordon of Responsive Law, summarizes a recent follow up of a 1980s study of UPL by Stanford Law Professor, Barbara Rhode, Gordon states:

"Courts are also complicit in the pro-lawyer, anti-consumer bias found in UPL cases. Rhode’s article shows that courts adjudicating UPL cases rarely considered whether people were hurt by alleged UPL, much less how they were hurt. Only about a quarter of reported cases discussed public harm when litigated, despite the bar’s continued statements that UPL exists to protect the consumer. In the court cases where it was mentioned, public harm was used only to aid in determining a penalty, rather than to discuss how UPL harmed the consumer in question. Thus, even if UPL restrictions are intended to protect consumers, courts are not applying them for that purpose. 

Cases that are litigated under UPL restrictions can also include legal services rendered which were actually helpful to consumers. Regardless of whether or not the person offering legal services provided a useful or even desperately needed service, he/she can be penalized under UPL restrictions. If these rules existed to protect and aid legal customers, as the bar states, a legal service that was helpful to the person receiving it should not be litigated under UPL. Yet Rhode found evidence supporting the lack of interest in interpreting UPL cases from a consumer point of view—only 11 percent of the UPL cases discussed whether or not the violation in question had met an important public need. The UPL services in question may have actually benefited legal consumers, but the bar and the courts chose to ignore the interests of the public.

One of Rhode’s conclusions is that “[a] more consumer-oriented approach would also vest enforcement authority in a more disinterested body than the organized bar.” The bar may state that UPL litigation is aimed at protecting the consumer, but Rhode’s article proves that this is a tired statement without much substance. While the bar may have become more adept at selling this argument, it’s no more true than it was when Rhode first studied the topic three decades ago". 

Florida publishes forms for pro se litigants to use to file family law documents. However, those forms and their instructions confuse and confound many consumers. Florida legal document preparers fill the void by preparing those documents for consumers. The Florida Association of Legal Document Preparers - www.faldp.org promotes and supports consumers and Florida legal document preparers.

What is FALDP?

Founded in 2010, we offer Florida legal consumers education, legal information, and services. We are also a voluntary trade association for Florida legal document preparers, with around 100 members statewide. Our website provides a wide array of information and resources for Florida pro se litigants, including articles, Self-Help Guides, Supreme Court approved family law forms, and online courses. Consumers can search our Member Directory to find a document preparer who provides the needed service. Our members prepare documents for family law, small claims, bankruptcy, and many other areas. Some document preparers conduct business in the traditional way - in a storefront location or office - while other document preparers are completely virtual - conducting business only over the phone and over the internet. Prospective members must submit an application and meet standards prior to joining.

Two pages have recently been added to www.faldp.org - Compliance - where consumers can complain if they feel they have been harmed by a document preparer. And, another page - Recognition - where consumers can offer feedback when they receive effective assistance from a member of the association.

Florida legal document preparers fulfill a consumer need.

November is Florida Adoption Month!

Florida Statute Chapter 63 addresses adoptions by family members. To be considered a family member for the purposes of a family adoption at least one of the adoptive parents must be within three steps of consanguinity - blood relation. For example, if a couple is adopting the wife's sister's daughter - their niece - then the aunt is within three steps of blood relation, but the uncle is related by affinity (marriage). Grandparents, great grandparents, and siblings are also within the three steps of blood relation. Single close relatives are also allowed to adopt.

Florida publishes forms for stepparent adoption, but not for the other types of family adoption. The procedures are similar, but not identical. In a stepparent adoption, only the consent from one biological parent is required. In the other types of family adoptions consents of both parents are generally required.

When all parties agree, the process for family adoptions in Florida is fairly simple. Sometimes the biological parent is not available to consent to the adoption. Other times the identity of the biological parent is not known. In either of these cases, the process is slightly more complex, but not at all impossible for a pro se litigant.

If the identity of the father is known, but his whereabouts are unknown, a process called a diligent search is required. The Affidavit of Diligent Search is a list of places where they must search for the biological parent. The list includes things like: Prisons; Cable Companies; Utility Companies; Hospitals; Military; an Internet Search; and the U.S. Post Office. If the biological father is not found, the prospective adoptive parents can then request the court to publish their legal intent to adopt.

If the identity of the father is unknown, which then means that his whereabouts is also unknown, the prospective adoptive parents must request a search of the putative father registry. The putative father registry is maintained by the Department of Health and Vital Statistics. The purpose is to protect the rights of unwed fathers. It serves that purpose to an extent. For example, if an unwed couple has a child together and then separates the father can register as the putative father to preserve his paternal rights. More commonly the registry protects the father's rights when the couple separates while the mother is pregnant, and the couple loses contact with each other.

Part of the adoption process is to terminate the parental rights of the biological parent or parents. Termination of parental rights is never to be taken lightly. The biological parent(s) being asked to terminate parental rights should search their heart, and seek legal advice if at all unsure about what to do

Adults who live and work in the state, are of good character, and have the ability to nurture and provide for a child may adopt. Single adults, as well as married couples, may adopt. A stepparent may adopt his or her spouse’s children. In 2010, the Third District Court of Appeal ruled that the statutory ban prohibiting homosexuals from adopting a child is unconstitutional. The Department of Children & Families did not seek review by the Florida Supreme Court of this decision so a person who is a homosexual may now adopt a child even though the ban is still in an existing statute.

The requirement for a criminal background check and taking the Model Approach to Partnerships in Parenting (MAPP) course are waived for stepparent and close family adoptions.

In stepparent and close relative adoptions, the adopting parent(s) typically finalize the adoption and terminate the biological parent(s) parental rights at the same time. The biological parent's obligation to pay ongoing child support ends when the adoption is final; however child support arrears are a vested interest of the child, and are still owed.

Ten days after the judge signs the Final Order of Adoption, the clerks of court seal the file. Adoptive parents need to request several certified copies of that court order within that ten day window. Each entity that the parents must notify of the child's adoption will require a certified copy of that order for their files. The number of certified copies the parents should request varies depending on the age of the child. The older the child, the more court orders they'll need to have. Entities such as the social security office; the child's physician; the child's school; the Department of Health and Vital Statistics; the child's day care provider; and extra-curricular activity and sports centers; may all require a certified copy of the final order of adoption. These entities do not just need to see the order, they need it for their files. And it may not be a copy, but must be a copy certified by the clerk of court.

For all legal purposes, the adopted child will be considered the natural child of the adoptive family. Further, the adopted child will be legally considered as if he/she were born into the adopted family. That child will be deemed equal with all other children that may then be or later come into the adopted family. This means that the adopted child will inherit equally to those children biologically born into the family for purposes of estates and wills or divorce. It is as though the child was born into the adoptive family initially.

More information about family adoption is available on the Florida Bar's site.

FLORIDA ADOPTION MONTH - Governor Rick Scott's Proclamation

WHEREAS, every child needs and deserves a loving, supportive, nurturing, and permanent family

when it is determined that the child cannot be safely returned home; and ...

WHEREAS, adoption provides a unique opportunity to improve children's lives and enrich the

lives of adoptive parents, their families, and their communities; and ...

WHEREAS, November 22, 2014, is National Adoption Day and families and children across the

nation and the great State of Florida will celebrate the joy of adoption on this day and throughout

the month, while remembering our children who are still dreaming and hoping for a loving,

permanent family of their own; and ...

WHEREAS, adoptive families, including relatives and grandparents, who have already adopted

children may benefit from continued post-adoption support services in the days and years ahead; ...

NOW, THEREFORE, I, Rick Scott, Governor of the State of Florida, do hereby extend greetings and

best wishes to all observing November 2014 as Florida Adoption Month.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of

Florida to be affixed at Tallahassee,the Capital, this 20th day of October, in the year two thousand fourteen.

Fight for the Future - Net Neutrality

Repost from FFTF:

Guys!

Our protests last week WORKED!

After months of intense public pressure, the second largest online protest in history, and millions of emails and phone calls, President Obama just released an incredibly strong statement calling for the FCC to protect net neutrality using full Title II reclassification. [1]

Yeah, you heard us right. The President of the United States just endorsed our position.

Will you chip in $10 today to help us win more victories like this?

This is game-changing. We’ve been hearing for weeks from our allies in DC that the only thing that could stop FCC Chairman Tom Wheeler from moving ahead with his sham proposal to gut net neutrality was if we could get the President to step in. So we did everything in our power to make that happen. We took the gloves off and played hard, and now we get to celebrate a sweet victory.

With your help, we organized nationwide emergency protests in 30 cities last week, and with just a few days notice we turned out more than 100 people in front of the White House for a spirited rally, capturing media headlines. [2] This is the power of the Internet! With a tiny budget and just a few staff, we are giving some of the wealthiest and most powerful corporate monopolies in the world a run for their money.

We’re closer than ever to winning the fight for REAL net neutrality once and for all, but we need to spend all of our time in the coming weeks organizing -- not fundraising.

Can you help? Please chip in $10 to fund the fight, so we can focus on winning!

Today’s statement from the President changes everything, but this fight isn’t over yet. FCC Chairman Tom Wheeler responded quickly, claiming he needs more time, and implying he might have to push back the FCC’s expected December 11th vote.

Those are stalling tactics. The FCC has had plenty of time to discuss the various options available to them. We need to refocus our campaign on the FCC to make sure that Wheeler – a former Cable lobbyist – doesn’t delay the vote in a last ditch attempt to sneak through rules that his buddies at Comcast and Verizon can live with. Time is of the essence.

We’re all in on this fight and we’ve proven that we can win it. We’ve got major strategic plans for this week including more protests on Thursday (info coming soon!)

Please chip in $10 (or more!) to help us win net neutrality once and for all. And really, if you can donate more, please do. You know we’ll use it well.

We’re so close! I am so personally proud of every single person on this list. Whether you can make a donation today or not, we LOVE you and are honored to be in this fight with you.

Thanks for all you do,

-Evan, Tiffiniy, Holmes, Kevin, Jeff, and Jessica

Fight for the Future

P.S. It’s crucial that we ratchet up the pressure on Tom Wheeler and the FCC now, and this morning our friends at PopularResistance.org pulled off an amazing action that does just that. At 6:55am they blockaded Tom Wheeler’s driveway just as he was getting into his car. After a while walked down the street, presumably to take public transit to work. Talk about a slow lane.

P.P.S. If you watch the Obama statement closely, you’ll see many moments where he incorporates the memes and talking points we’ve built, together, as part of battleforthenet.com campaign, from the “buffering” joke at the beginning to the way he talks about this as cable companies vs. the public. Obama’s statement has this movement’s fingerprints all over it, and it wouldn’t have happened without our work together. We’re proud. You should be too. I can’t think of a better time to make your first donation to this movement.

1. “Net Neutrality: President Obama's Plan for a Free and Open Internet” http://www.whitehouse.gov/net-neutrality
2. “Breaking: Emergency Protests” https://www.battleforthenet.com/#protest