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Waiver of Mandatory Disclosure Form

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WAIVER OF MANDATORY DISCLOSURE

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

Petitioner,

and

Respondent.

Case No.

Division:

WAIVER OF MANDATORY DISCLOSURE

The undersigned parties to this action, pro se or through counsel, hereby waive the mandatory disclosure required by Rule 12.285, Fla. Fam. L.R.P., as follows, acknowledging that the requirement to file a financial affidavit cannot be waived:

I. FOR TEMPORARY RELIEF:

[check all that apply]

a. All personal (1040) federal tax, gift tax, and intangible personal property tax returns for the preceding year; or

Transcript of tax return as provided by IRS form 4506; or

IRS forms W-2, 1099, and K-1 for past year because the income tax return for the past year has not been prepared;

b. Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit.

II. FOR INITIAL, SUPPLEMENTAL, AND PERMANENT FINANCIAL RELIEF:

[check all that apply]

a. All personal (1040) federal and state income tax returns, gift tax returns, and intangible personal property tax returns for the preceding 3 years; or

IRS forms W-2, 1099, and K-1 for past year because the income tax return for the past year has not been prepared;

b. Pay stubs or other evidence of earned income for the 3 months before the service of the financial affidavit.

c. A statement identifying the source and amount of all income for the 3 months before the service of the financial affidavit, if not reflected on the pay stubs produced.

d. All loan applications and financial statements prepared for any purpose or used for any purpose within the 12 months preceding the service of the financial affidavit.

e. All deeds to real estate in which the other party presently owns or owned an interest within the past 3 years. All promissory notes in which the other party presently owns or owned an interest within the last 12 months. All present leases in which the other party owns an interest.

f. All periodic statements for the last 3 months for all checking accounts and for the last year for all savings accounts, money market funds, certificates of deposit, etc.

g. All brokerage account statements for the past 12 months.

h. Most recent statement for any pension, profit sharing, deferred compensation, or retirement plan (for example, IRA, 401(k), 403(b), SEP, KEOGH, etc.) and summary plan description for any such plan in which the other party is a participant or alternate payee.

i. The declarations page, the last periodic statement, and the certificate for any group insurance for all life insurance policies insuring my life or the life of my spouse.

j. All health and dental insurance cards covering either me or my spouse and/or our dependent child(ren).

k. Corporate, partnership, and trust tax returns for last 3 tax years, in which the other party has an ownership or interest greater than or equal to 30%.

l. All credit card and charge account statements and other records showing my(our) indebtedness as of the date of the filing of this action and for the prior 3 months. All promissory notes on which the other party presently owes or owed with the past year. All lease agreements either party presently owes.

m. All premarital and marital agreements between the parties to this case.

n. If a modification proceeding, all written agreements entered into between the parties at any time since the order to be modified was entered.

o. All documents and tangible evidence relating to claims for special equity or nonmarital status of an asset or debt.

p. Any court order directing that either party pay or receive spousal support (alimony) or child support.

Dated

Signature of Petitioner

Printed Name:

Address:

City, State, Zip

Telephone Number

Fax Number

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on

by

NOTARY PUBLIC—STATE OF FLORIDA

[Print, type, or stamp commissioned name of notary.]

Personally known

Produced identification

Type of identification produced

Signature of Respondent

Printed Name:

Address:

City, State, Zip

Telephone Number

Fax Number

STATE OF FLORIDA

COUNTY OF

Sworn to or affirmed and signed before me on

by

NOTARY PUBLIC—STATE OF FLORIDA

[Print, type, or stamp commissioned name of notary.]

Personally known

Produced identification

Type of identification produced

Enter text✕

What the Waiver of Mandatory Disclosure Form Is

The Waiver of Mandatory Disclosure Form is a written record by which one or more parties agree to waive delivery or receipt of statutorily required disclosures in a specific transaction, where the law permits waiver. It identifies the parties, describes the disclosure items being waived, states any conditions or limits, and records the date and signatures that evidence mutual consent. The form is used in contexts such as real estate sales, consumer finance exceptions, and regulated services; enforceability depends on statutory authorization, clear language, and any required notarization or witness procedures in the controlling jurisdiction.

Why a Carefully Drafted Waiver Matters

A clear waiver documents informed consent to omit required disclosures, reducing later disputes and evidencing intent. When properly executed it clarifies responsibilities, limits liability exposure, and provides an auditable record useful for regulatory review or contractual enforcement.

Why a Carefully Drafted Waiver Matters

Who Typically Completes This Form

Typical users include parties to real estate transactions, regulated service providers, and legal counsel managing disclosure obligations.

  • Real estate agents and sellers who need to document buyer waivers of property disclosures.
  • Lenders and financial institutions when consumer disclosure exceptions are lawfully agreed and recorded.
  • Attorneys and compliance officers drafting, reviewing, or approving disclosure waiver language for enforceability.

Use depends on statutory permissibility; matching the waiver to the governing law and the transaction type is central to enforceability.

Step-by-Step: Completing and Validating the Waiver

Follow these sequential steps to complete and validate a Waiver of Mandatory Disclosure Form correctly.

  • 01
    Prepare: Identify the disclosure statutes and waiver scope.
  • 02
    Draft: Specify waived items, effective date, and limits.
  • 03
    Review: Confirm permissibility under state law and exceptions.
  • 04
    Execute: Obtain required signatures, witnessing, and notarization if needed.

Configuring an Online Waiver Workflow

Design a clear electronic workflow to capture consent, evidence intent, and preserve an audit trail for the Waiver of Mandatory Disclosure Form.

Field Configuration
Document Upload Set PDF or DOCX as accepted formats for original text.
Automatic Fields Enable auto-fill for dates, names, and signer metadata where reliable.
Authentication Require email or SMS verification; consider stronger KBA if high risk.
Templates Create reusable templates to standardize language and reduce drafting errors.

Where to Send or File the Completed Waiver

Understand typical destinations for executed waivers and how copies should be routed for recordkeeping.

  • Primary Parties: Deliver executed originals to all contracting parties.
  • Counsel: Send copies to each party's legal counsel for file retention.
  • Regulatory Filings: File with a regulator only if statute requires disclosure of waivers.
  • Internal Records: Store a certified copy in compliance archives for audit purposes.

Technical Considerations for Digital Completion and Signing

Platforms should support secure upload, signer authentication, audit trails, and long-term storage for legal defensibility.

  • Integrations: Supports Salesforce, NetSuite, Google Workspace integrations.
  • Formats: Accepts PDF and DOCX; outputs audit-certified PDFs.
  • Authentication: Offers email, SMS, and advanced authentication options.

Security and Compliance Essentials to Protect the Waiver

Encryption in transit: TLS 1.2 and 1.3 in transit
Encryption at rest: AES-256 encrypted storage at rest
HIPAA compliance: BAA available for covered entities
Audit trail: Comprehensive timestamps, IP, and action log
Certifications: SOC 2 Type II and ISO 27001
eSignature law: Compliant with ESIGN and UETA

Timing Considerations and Typical Deadlines

Identify any statutory or contractual deadlines that affect when a waiver must be presented, signed, or recorded.

Presentation Timing:

Provide waiver before the point where the law requires disclosure or as the statute allows.

Effective Date Rule:

Waiver takes effect on the date stated unless parties agree otherwise.

Execution Window:

Allow reasonable time for review; immediate signing may be challenged as coerced.

Filing Deadlines:

File with a regulator only when statute or rule expressly requires it.

Retention Start:

Retention runs from the execution date or last effective amendment.

Key Processing Stages for a Waiver

A typical waiver moves through discrete milestones from drafting to archival; track each stage to preserve evidence of consent.

01

Drafting

Create precise language describing waived disclosures and limits.

02

Internal Review

Compliance or counsel reviews statutory permissibility and contract alignment.

03

Signing

Parties sign with required witnessing or notarization as applicable.

04

Archival

Store executed copies in secure records with audit trail evidence.

Common Preparation Mistakes to Avoid

  • Using overly broad language that attempts to waive disclosures not permitted by statute, which increases the chance a court will invalidate the waiver.
  • Failing to confirm state-specific witness or notarization requirements before execution, leading to procedural defects that opponents can exploit.
  • Omitting a clear effective date or failing to specify whether the waiver is revocable or irrevocable under the applicable law.
  • Mismatched party names, uninitialed pages, or unsigned exhibits that create ambiguity about what was waived and by whom.

Consequences of an Incorrect or Unenforceable Waiver

Waiver invalidity: Void if statute forbids waiver
Regulatory fines: Administrative penalties may apply
Contract disputes: Increased litigation and costs
Consumer remedies: Rescission or statutory damages possible
Privacy exposure: HIPAA violations can trigger fines
Authentication failure: Signature challenges can void consent

eSignature Pricing and Feature Comparison (signNow first)

Comparison of representative starting prices and common plan features across popular eSignature providers; features and pricing vary by plan and billing terms.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Essential Elements to Include in a Professional Waiver

A complete waiver should contain clearly labeled sections so any reviewer can identify parties, scope, limitations, and execution details without ambiguity.

Parties

Identify each party with full legal name, capacity, and contact information to avoid disputes about who agreed to the waiver.

Waived Items

Describe each statutory disclosure being waived with specificity—cite statute or regulation where applicable to tie the waiver to the legal requirement.

Effective Date

State the date the waiver becomes effective and whether it applies retroactively or prospectively to particular acts or transactions.

Scope & Limits

Limit the waiver by subject, geography, or time; include any conditions or events that terminate the waiver to reduce overbreadth risk.

Signature Block

Provide printed name, title, signature, and date for each signer; include witness and notary lines if the jurisdiction requires them.

Governing Law

Specify the governing state law and venue for disputes so courts apply the intended legal framework to enforce the waiver.

Real-World Examples of Waiver Use

Examples show how organizations documented waivers to balance operational needs with legal requirements.

Optica Ventures LLC

Brian Fitzgibbons reports the interface is simple and easy-to-use for the team and customers.

  • Simple for customers.
  • Clear, well-documented waivers enabled Optica to streamline transactions, reduce follow-up questions, and maintain a defensible audit trail while preserving required disclosures when statutory exceptions applied.

Fertility Centers of Illinois

John Butler emphasizes compliance and API flexibility in document workflows.

  • Flexible integrations.
  • Using standardized waiver templates integrated into their system allowed centralized review by counsel, consistent consent capture, and reliable retention for regulatory audits.

Practical Tips for Accurate and Efficient Completion

Adopt these practices to make waiver completion reliable and defensible in high-volume or regulated environments.

Use Standardized Templates
Create and approve a single template reviewed by counsel to ensure consistent language, reduce drafting errors, and speed processing while preserving required statutory elements and signature blocks.
Document Statutory Authority
Cite the specific statutory provision or regulatory exception authorizing the waiver within the form so reviewers can quickly confirm permissibility and avoid later disputes.
Capture Strong Evidence
Require signer authentication and preserve an unalterable audit trail (timestamps, IP, signer email) to demonstrate intent, attribution, and consent in line with ESIGN legal tests.
Limit Waiver Scope
Draft narrowly to address only the disclosure elements necessary to achieve the transaction objective; broad waivers are more likely to be challenged and voided.

Frequently Asked Questions

Answers to common questions about validity, signing, revocation, and digital execution of waivers.


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