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
basis for the request is solely under section 57.105, Florida
Statutes, or any successor statute. Except for the provisions as to
financial affidavits and 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
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. The parties are not required to file and 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.

(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. The affidavit must also be filed with the
court.

(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:
(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. The financial affidavits must also
be filed with the court. 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
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
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
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.
(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
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.

Commentary
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
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.

Committee Notes
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.