SB1416 SIGNED BY GOV. DESANTIS

We thank Governor DeSantis for signing legislation into law that provides for commonsense modifications to alimony, including the elimination of permanent alimony and the preservation of the longstanding Pimm decision, which pertains to the effects of retirement on alimony awards.

Importantly, the section was grateful to have worked with the sponsors of this legislation during the 2023 session to ensure it would not negatively impact existing alimony awards or otherwise be harmful to Florida’s families.

Read the article from Florida Politics HERE.

HB1301 SIGNED BY GOV. DESANTIS

House Bill 1301, Parenting and Time-sharing of Minor Children, has gone into effect as of July 1, 2023. 

The new law requires the court to evaluate all of the factors set forth in 61.13(3) and to make written findings of fact when modifying or creating a time-sharing schedule. 

Importantly, the new law creates a rebuttable presumption that equal time-sharing of a child subject to a Chapter 61 proceeding is in the best interests of that child. It also establishes that a party must prove by a preponderance of the evidence that equal time-sharing is not in a child's best interests in order to rebut this presumption.

Further, time-sharing schedules agreed to by the parties and approved by the Court do not require the court to evaluate and make written findings of fact as to all of the best interest factors set forth in 61.13(3); however, the court must make such written findings if there is no agreement by the parties.

The new law also creates a basis for modifying a parenting plan upon a parent's relocation to within 50 miles of the other parent's residence.

A link to the legislation can be found HERE.

Can you believe we're turning 50?! It's true, and we're planning an evening you won't want to miss on Saturday, Aug. 26, at the culmination of our Fall Committee Meetings in Naples (Aug. 24-26.)

The event is black-tie optional, and will include a reception, dinner, live music, and an array of fun Section shenanigans!

Sponsorship information is below, along with a tentative schedule of Committee Meetings and our Gala event.

Stay tuned and we can't wait to see you there!

Sponsorship opportunities can be found HERE.

Tentative Committee Meeting and Gala Schedules can be found HERE.

By: Cash A. Eaton, Esq.

Holland v. Holland, 2023 WL 2795670 (Fla. 5th DCA 2023).

The Holland opinion is an informative case from the Fifth District that addresses the use of expert witnesses in dissolution cases. The opinion discusses the exclusion of expert witness testimony at trial. In Holland, the trial court was affirmed in excluding the Former Wife’s forensic accountant but overturned for excluding the Former Wife’s treating physician from testifying as to her physical disability.

At the Former Wife’s deposition, she testified that, “[H]er expert would be giving opinion testimony regarding a lifestyle and accounting analysis of Former Wife's earnings and expenses.” Two weeks prior to trial, the Former Wife’s forensic indicated that he had not formulated any final opinions. The Former Husband moved to exclude his testimony, and the trial court excluded the Former Wife’s expert’s testimony due to the lack of a final opinion before trial. The Appellate Court affirmed the trial court’s exclusion of the forensic accountant.

The Former Wife also intended to have her treating physician, Dr. Bradley Tran, testify as to her physical disabilities that prohibited her from working. The Former Husband's primary argument to exclude Dr. Tran was that contained within Tran's medical records was the report of an abnormal nerve conduction test performed on another person, the otherwise unidentified “D.R.” Furthermore, Former Husband pointed out that the nerve conduction test performed on Former Wife was essentially normal. The Former Husband argued that there was an insufficient basis to support Dr. Tran’s disability opinion. The trial court agreed and excluded Dr. Tran’s testimony under Daubert.

The Appellate Court overturned the trial court’s exclusion of Dr. Tran’s testimony. It reasoned that, “Under the circumstances present in this case, the potential problems with the bases for Tran's disability opinion, such as considering the wrong patient's test results and failing to consider other available information, would have been proper fodder for an intense cross-examination of Dr. Tran, but they do not demonstrate a basis for disqualification under Daubert.” Therefore, the trial court abused its discretion in excluding Dr. Tran’s testimony.

The primary purpose of the Membership Committee is to identify members of The Florida Bar who practice family law, adoption, and related areas of practice. The Section also recruits non-attorney professionals to join the Section that include but are not limited to paralegals, Certified Public Accountants, and mental health professionals. The goal of the committee is to increase membership and facilitate education and knowledge of Family Law practice.

Did you know that the Section also offers a mentorship program? The Membership Committee oversees organizing and facilitating the mentorship program through the Section. If you are interested in either a mentee and/or mentor position, please reach out to the Membership Committee and we will help facilitate the mentorship program for you. If you are interested in learning more about the Section, the mentorship program and/or how to become more involved, please reach out to the Membership Committee at membership@familylawfla.org.

At the Annual Installation and Awards Luncheon, 2022-2023 Family Law Section Chair Phil Wartenberg presented a number of well-deserved awards to Section members. We congratulate each and every one of them and share in Magistrate Wartenberg's appreciation for their time, loyalty, dedication, and service to the Family Law Section this year and throughout many years! We're highlighting a few winners in each FAMSEG issue, starting with:

CHAIR'S AWARD FOR EXTRAORDINARY SERVICE

Kristin R. Kirkner

ALBERTO ROMERO 'MAKING A DIFFERENCE' AWARD

David L. Manz

CHAIR'S KEEPER OF THE FLAME AWARD

Robin J. Scher

JORGE M. CESTERO DISTINGUISHED MEMBER SERVICE AWARD

Sonja A. Jean

HONORABLE RAYMOND T. MCNEAL PROFESSIONALISM AWARD

The Honorable Barbara C. Goiran

TRAILBLAZER AWARD

Philip J. Schipani

Did you know that our Section Sponsorship has grown over the years? We have received 8 times the number of sponsorships that we had 7 years ago! Join the movement!

THANK YOU to our 2022-2023 annual sponsors and NOW IS THE TIME TO RENEW YOUR SPONSORSHIP for 2023-2024. To learn more, click HERE.

WRITERS WANTED! Want to submit an article for our monthly FAMSEG e-news, or our quarterly magazine, The Commentator? We can always use Tech Tips, Case Law Updates, and other relevant news for our 4,000+ members. Just email publications@familylawfla.org for more information. Thank you for your interest in contributing to our member publications!