RULE 12.650. OVERRIDE OF FAMILY VIOLENCE INDICATOR

(a) Application. This rule shall apply only to proceedings
instituted pursuant to 42 U.S.C. § 653, which authorizes a state
court to override a family violence indicator and release information
from the Federal Parent Locator Service notwithstanding the family
violence indicator.

(b) Definitions.

(1) “Authorized person” means a person as defined in
42 U.S.C. § 653(c) and § 663(d)(2). It includes any agent or attorney
of the Title IV-D agency of this or any other state, the court that has
authority to issue an order or to serve as the initiating court in an
action to seek an order against a parent or other person obligated to
pay child support, or any agent of such court, the parent or other
person entitled to receive child support, legal guardian, attorney, or
agent of a child (other than a child receiving assistance under 42
U.S.C. §§ 601 et seq.), and any state agency that administers a
child welfare, family preservation, or foster care program. It also
includes any agent or attorney of this or any other state who has
the duty or authority under the law of such state to enforce a child
custody or visitation determination or order establishing a
parenting plan; the court that has jurisdiction to make or enforce
such a child custody or visitation determination or order
establishing a parenting plan, or any agent of such court; and any
agent or attorney of the United States, or of a state, who has the
duty or authority to investigate, enforce, or bring a prosecution with
respect to the unlawful taking or restraint of a child.

(2) “Authorized purpose” means a purpose as defined in
42 U.S.C. § 653(a)(2) and § 663(b). It includes establishing
parentage, establishing, setting the amount of, modifying, or
enforcing child support obligations, or making or enforcing child
custody or visitation orders or orders establishing parenting plans.
It also includes enforcing any state or federal law with respect to the
unlawful taking or restraint of a child.

(3) “Department” means the Florida Department of
Revenue as the state’s Title IV-D agency.

(4) “Family violence indicator” means a notation in the
Federal Parent Locator Service that has been placed on a record
when a state has reasonable evidence of domestic violence or child
abuse as defined by that state.
(5) “Federal Parent Locator Service” means the
information service established by 42 U.S.C. § 653.

(6) “Petitioner” means an authorized person or an
individual on whose behalf an authorized person has requested a
Federal Parent Locator Service search and who has been notified
that the information from the Federal Parent Locator Service cannot
be released because of a family violence indicator.

(7) “Respondent” means the individual whose record at
the Federal Parent Locator Service includes a family violence
indicator and ordinarily does not want his or her location
information disclosed. The department, the Florida Department of
Law Enforcement, or the state entity that placed the family violence
indicator on the record may be required to respond to an order to
show cause; however, they are not considered respondents in these
proceedings.

(c) Initiating Proceedings. When an authorized person has
attempted to obtain information from the Federal Parent Locator
Service and has been notified by the Federal Parent Locator Service
that it has location information but cannot disclose the information
because a family violence indicator has been placed on the record, a
petitioner may institute an action to override the family violence
indicator. An action is instituted by filing a sworn complaint in the
circuit court. The complaint must:

(1) allege that the petitioner is an authorized person or
an authorized person has requested information on his or her
behalf from the Federal Parent Locator Service and must include
the factual basis for the allegation;

(2) allege that the petitioner is requesting the
information for an authorized purpose and state the purpose for
which the information is sought;

(3) include the social security number, sex, race,
current address, and date of birth of the petitioner and any alias or
prior name used by the petitioner;
(4) include the social security number and date of birth
of the respondent and any children in common between the
petitioner and the respondent, if known;

(5) disclose any prior litigation between the petitioner
and the respondent, if known;

(6) disclose whether the petitioner has been arrested
for any felony or misdemeanor in this or any other state and the
disposition of the arrest; and

(7) include notice from the Federal Parent Locator
Service that location information on the respondent cannot be
released because of a family violence indicator.

(d) Initial Court Review. When a complaint is filed, the
court shall review the complaint ex parte for legal sufficiency to
determine that it is from an authorized person or an individual on
whose behalf an authorized person requested information from the
Federal Parent Locator Service, is for an authorized purpose, and
includes the information required in subdivision (c). If the
complaint is legally sufficient, the court shall order the department
to request the information from the Federal Parent Locator Service
and order the department to keep any information received from the
Federal Parent Locator Service in its original sealed envelope and
provide it to the court within 45 days in the manner described in
subdivision

(e) Receipt of Information. When sealed information from
the Federal Parent Locator Service is obtained, the department shall
file the information with the court. The information from the Federal
Parent Locator Service shall remain in its original sealed envelope
and the outside of the envelope shall be clearly labeled with the
case number and the words “sealed information from Federal
Parent Locator Service.” The clerk of the court shall ensure that the
sealed information from the Federal Parent Locator Service is not
disclosed to any person other than those specifically authorized by
the court. Court files in these proceedings shall be separately
secured in the Clerk’s office in accordance with the requirements of
subdivision (i).
(f) Review of Information by the Court. The court shall
conduct an in-camera examination of the contents of the sealed
envelope from the Federal Parent Locator Service.

(1) If the information from the sealed envelope does not
include an address for the respondent or an address for the
respondent’s employer, the petitioner and the department will be
notified that no information is available and no further action will
be taken. The name of the state that placed the family violence
indicator on the record will not be released.

(2) If the information from the sealed envelope includes
an address for the respondent or the respondent’s employer, the
court shall issue an order to show cause to the respondent, the
department, the Florida Department of Law Enforcement (FDLE),
and the state entity that placed the family violence indicator on the
record. The order to show cause shall

(A) give the respondent at least 45 days to show
cause why the location information should not be released to the
petitioner;

(B) clearly state that the failure to respond may
result in disclosure of the respondent’s location information;

(C) direct the parties to file with the court all
documentary evidence which supports their respective positions,
including any prior court orders;

(D) direct the department to search its child
support enforcement statewide automated system and case file for
the presence of a Florida family violence indicator, for any other
information in that system or file that is relevant to the issue of
whether release of the respondent’s location information to the
petitioner could be harmful to the respondent or the child, and
whether an application for good cause under section 414.32,
Florida Statutes, is pending or has been granted and if so, file
documentation with the court within 30 days;
(E) unless the FDLE is the petitioner, direct the
FDLE to conduct a search of its Florida criminal history records on
the petitioner, including information from the Domestic and Repeat
Violence Injunction Statewide Verification system, and file it with
the court within 30 days; and

(F) set a hearing date within 60 days.

(3) The order to show cause shall be served as follows:

(A) By regular mail and by certified mail, return
receipt requested, to the respondent. If a receipt is not returned or a
responsive pleading is not filed, the court may extend the time for
response and provide for personal service on the respondent. The
petitioner also may request that the respondent be initially served
by personal service, and if so, the petitioner shall pay into the
registry of the court the cost of effecting personal service.

(B) By certified mail, return receipt requested, to
the department, the FDLE, and the state entity that placed the
family violence indicator on the record.

(C) A copy of the order to show cause shall be
provided to the petitioner. However, the copy shall not include any
information that may identify the respondent’s location, including
but not limited to the name or address of the state entity that
placed the family violence indicator on the record.

(g) Providing Information to Court.

(1) Information from Department. The department shall
submit the information it obtains in response to the order to show
cause by filing the information with the court in a sealed envelope.
The outside of the envelope shall be clearly labeled with the case
number and the words “sealed information from the Department of
Revenue.” Any information that may reveal the location of the
respondent should be distinctly noted so that this information is
not inadvertently disclosed.
(2) Information from FDLE. When it has searched its
records in response to the order to show cause, the FDLE shall file
a report with the court. The report shall include the case number
and results of the search of its records.

(h) Hearing on Order to Show Cause.

(1) At the hearing on the order to show cause, the court
shall determine whether release of the respondent’s location
information to the petitioner could be harmful to the parent or the
child. The petitioner has the burden of proof to show that release of
information to the petitioner would not be harmful to the parent or
the child.

(A) If the court finds that release of the location
information could be harmful, the information shall not be released
and the petition shall be denied.

(B) If the court finds that release of the location
information would not be harmful, the court shall disclose the
location information to the petitioner. The disclosure of the location
information shall be made only to the petitioner, and the court shall
require that the petitioner not disclose the information to other
persons. The disclosure of location information to the petitioner in
these proceedings does not entitle the petitioner to future disclosure
of the respondent’s location information.

(C) The court may deny the request for location
information if the respondent agrees to designate a third party for
service of process for proceedings between the parties.

(2) Notwithstanding the provisions of Florida Rule of
General Practice and Judicial Administration 2.530, the court may
conduct a hearing on the order to show cause by means of
communications equipment without consent of the parties and
without a limitation on the time of the hearing. The
communications equipment shall be configured to ensure that the
location of the respondent is not disclosed.
(i) Confidentiality. The clerk of the court shall ensure that
all court records in these proceedings are protected according to the
requirements of this rule. Court records in these proceedings shall
be segregated and secured so that information is not disclosed
inadvertently from the court file. All court records in these
proceedings are confidential and are not available for public
inspection until the court issues a final judgment in the case. After
the court issues a final judgment in the case, the location
information from the Federal Parent Locator Service and any other
information that may lead to disclosure of the respondent’s
location, including but not limited to the respondent’s address,
employment information, the name or address of the state that
placed the family violence indicator on the record, and the
telephone number of the respondent, shall remain confidential and
not available for public inspection unless otherwise ordered by the
court. After the court issues a final judgment in the case, the court
shall release nonconfidential information upon motion.

Commentary

This rule implements the requirements of 42 U.S.C. § 653,
providing for a state court to override a family violence indicator on
a record at the Federal Parent Locator Service. It does not apply to
any other proceeding involving family violence or any other court
records. The limitations on access to the Federal Parent Locator
Service and this override process are governed by federal law.
Proceedings under this rule would arise when an authorized
person has attempted to obtain information from the Federal Parent
Locator Service but has been notified that the information cannot
be released because of a family violence indicator. For example, a
petitioner may be a noncustodial parent who has attempted to serve
the custodial parent in an action to enforce visitation but was
unable to effect service of process on the custodial parent. The
court may have authorized access to the Federal Parent Locator
Service in order to locate the custodial parent for purposes of
service of process. If the report from the Federal Parent Locator
Service indicates that the information cannot be released because of
a family violence indicator, the noncustodial parent would be
authorized to petition the court pursuant to this rule to override the
family violence indicator.
The purpose of these proceedings is to determine whether to
release location information from the Federal Parent Locator Service
notwithstanding the family violence indicator. The court must
determine whether release of the location information to the
petitioner would be harmful to the respondent. If the court
determines that release of the location information would not be
harmful, the information may be released to the petitioner. If the
respondent agrees to designate a third party for service of process,
the court may deny the request for location information. In these
circumstances, the designation of a third party for service of
process is procedural only and does not provide a separate basis for
jurisdiction over the respondent.
The court must use care to ensure that information from the
Federal Parent Locator Service or other location information in the
court record is not inadvertently released to the petitioner, thus
defeating any interest of the respondent in maintaining
nondisclosure.
The name of the state that placed the family violence indicator
on the record may assist the petitioner in obtaining access to the
respondent. If the name of the state that placed the family violence
indicator on the record is supplied from the Federal Parent Locator
Service, but an address for the respondent is not provided, the
court should not release the name of the state to the petitioner.
Disclosure of this information could assist the petitioner in locating
the respondent, may place the respondent in danger, and does not
give the respondent an opportunity to be heard by the court prior to
release of the information.
Because the interest of the respondent is to keep location
information from the petitioner, having both the petitioner and
respondent appear at a hearing at the same time may also result in
the petitioner obtaining location information about the respondent.
If a hearing must be held where both the petitioner and respondent
are present, the court should use whatever security measures are
available to prevent inadvertent disclosure of the respondent’s
location information.
Each state establishes its own criteria, consistent with federal
law, for placing a family violence indicator on a record. Some states
require a judicial determination of domestic violence or child abuse
before a family violence indicator is placed on a record. The criteria
for a family violence indicator in Florida are in section 61.1825,
Florida Statutes.
The records in these proceedings are confidential under 42
U.S.C. §§ 653 and 654. Florida Rule of Judicial Administration
2.051 [renumbered as 2.420 in 2006] also exempts from public
disclosure any records made confidential by federal law.

Committee Note

2008 Amendment. Chapter 2008-61, Laws of Florida,
effective October 1, 2008, eliminated such terms as “custodial
parent,” “noncustodial parent,” and “visitation” from Chapter 61,
Florida Statutes. Instead, the court adopts or establishes a
parenting plan that includes, among other things, a time-sharing
schedule for the minor children. These statutory changes are
reflected in the amendments to the definitions in this rule. However,
because 42 U.S.C. § 653 includes the terms “custody” and
“visitation,” these terms have not been excised from the remainder
of the rule.