Toni Powers - In Memoriam

Submitted by the Health & Wellness Committee

Toni Powers - fiery redhead, fierce advocate, and lover of coffee and comedy - passed away on February 20, 2025, in Plantation, Florida, at the age of 67. Born on December 1, 1957, in New York, New York, Toni lived her life with a passion for law, a heart full of compassion, and a knack for finding humor in just about everything.

Toni was a force to be reckoned with in the legal world. She earned degrees in paralegal studies, criminal justice, law, and accounting and financial management - because one just wasn't enough for her brilliant mind. As a divorce and family law attorney she guided people through life's toughest moments with wisdom, empathy, and a little bit of her signature wit. But her commitment to service went far beyond the courtroom. She dedicated herself to Mental Health America of Southeast Florida, the Center for Spiritual Living (where she recently joined the board of trustees), and Narcotics Anonymous, always ready to help those in need. She loved bringing the different groups she cared for together, planning events, and making sure no one ever felt alone. If there was a stand-up comedy show happening nearby, you could bet she'd be in the front row, cheering on local comedians and laughing the loudest.

More than anything, Toni was a fiercely loyal friend. If she loved you, she really loved you - there was no halfway with her. She made the people in her life feel important, seen, and deeply cared for, particularly with her Saturday morning messages filled with positivity, hope, and the occasional joke. And, of course, she was impossible to miss, thanks to her unmistakable red hair and larger-than-life personality.

Toni served passionately in her role as the Health and Wellness Committee Chair for the 2024-2025 bar cycle. Toni's personal journey and her deep commitment to improving the mental health and wellness of those around her made her appointment that much more significant with Chair Christopher Rumbold’s theme and focus on mental health.  In lieu of flowers, donations can be made to Mental Health America of Southeast Florida to continue the legacy of care she so deeply believed in.

Toni's spirit, humor, and kindness will live on in the countless lives she touched. The world was brighter, funnier, and more loving because she was in it-and if you ever find yourself laughing at a really good (or really bad) joke, just know she's probably laughing right along with you.

Adoption Transparency Data Collection

By Kate Williams, Deputy Secretary for the Florida Department of Children and Families

Chapter 63.032, F.S., defines an adoption entity as the Department, a child-caring agency registered under s. 409.176, F.S., an intermediary, a Florida child-placing agency licensed under s. 63.202, or a child-placing agency licensed in another state which is licensed by the Department to place children in the State of Florida.

Pursuant to Chapter 63.097, Florida Statute, adoption entities are required to report quarterly to the Department information related to the age, race, ethnicity, sex, and county of birth of the adopted child and the county of residence of the adoptive family for each finalized adoption. The adoption entity shall also report for each finalized adoption the fees, costs, and expenses that were assessed by the adoption entity or paid by the adoption entity on behalf of the prospective adoptive parents itemized by the following categories according to s. 63.097(2), F.S.:

(a) Reasonable living expenses of the birth mother which the birth mother is unable to pay due to unemployment, underemployment, or disability. Reasonable living expenses are rent, utilities, basic telephone service, food, toiletries, necessary clothing, transportation, insurance, and expenses found by the court to be necessary for the health and well-being of the birth mother and the unborn child. Such expenses may be paid during the pregnancy and for a period of up to 6 weeks postpartum.

(b) Reasonable and necessary medical expenses. Such expenses may be paid during the pregnancy and for a period of up to 6 weeks postpartum.

(c) Expenses necessary to comply with the requirements of this chapter, including, but not limited to, service of process under s. 63.088, investigator fees, a diligent search under s. 63.088, a preliminary home study under s. 63.092, and a final home investigation under s. 63.125.

(d) Court filing expenses, court costs, and other litigation expenses and birth certificate and medical record expenses.

(e) Costs associated with advertising under s. 63.212(1)(g).

(f) The following professional fees:

1. A reasonable hourly fee or flat fee necessary to provide legal representation to the adoptive parents or adoption entity in a proceeding filed under this chapter.

2. A reasonable hourly fee or flat fee for contact with the parent related to the adoption. In determining a reasonable hourly fee under this subparagraph, the court must consider if the tasks done were clerical or of such a nature that the matter could have been handled by support staff at a lesser rate than the rate for legal representation charged under subparagraph 1. Such tasks include, but need not be limited to, transportation, transmitting funds, arranging appointments, and securing accommodations.

3. A reasonable hourly fee for counseling services provided to a parent or a prospective adoptive parent by a psychologist licensed under chapter 490 or a clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491, or a counselor who is employed by an adoption entity accredited by the Council on Accreditation of Services for Children and Families to provide pregnancy counseling and supportive services.

In addition, the adoption entity shall also report for each finalized adoption any fees, costs, or expenses not included in s. 63.097(2), F.S., that require court approval and entry of an order pursuant to s. 63.132(3) before payment and must be based on a finding of extraordinary circumstances.

ACTION REQUIRED: Beginning January 1, 2025, adoption entities must submit all required information in the Adoption Transparency portal located at adoptiontransparency.myflfamilies.com, no later than the 15th day of the month following the preceding quarter. Reporting quarters are:

• Quarter 1 - January through March
• Quarter 2 - April through June
• Quarter 3 - July through September
• Quarter 4 - October through December

Each adoption entity must register at adoptiontransparency.myflfamilies.com to obtain a new account prior to entering information into the portal. Each entity may have multiple individuals selected to enter data once the adoption entity has registered for an account.

Community Based Care Lead Agencies are not required to register or enter information into the Adoption Transparency portal. Information on finalized adoptions completed by Community Based Care Lead Agencies will be obtained from the Department's Child Welfare Information System (CCWIS).

All information reported will be displayed on the Department’s Adoption Dashboard located at Florida Department of Children and Families, Explore Adoption

Should you have questions , please contact Valerie Proctor, Policy & Program Manager for the Office of Child and Family Wellbeing at Valerie.Proctor@myflfamilies.com or Vanessa Snoddy, Manager of Policy & Program for Licensing with the Office of Quality & Innovation, at Vanessa.Snoddy@myflfamilies.com.

Throw Us A Bone - What Do We Do About The Dog?

By Jennifer Patti, Esq.



“While a dog may be considered by many to be a member of the family, under Florida law, animals are considered to be personal property." Harby v. Harby, 331 So. 3d 814, 821-22 (Fla. 2d DCA 2021)(citation omitted).

What other personal property has a name, medical bills, a grooming schedule, is included in family photos, and leads to as much controversy as the family pet? (I’ll also give credit to anyone who considered a vintage car.)  Compare a horse to a car with horsepower. We consider specific expenses for maintaining a car such as gas, repairs, insurance, car washes. We provide the court with evidence of who holds title to the car, the value of the car, and whether the car is needed for a specific purpose. 

The same concepts apply with the family pet. The dog, the cat, the horse, the guinea pig – they all have to be awarded to one party or the other under Florida Statute. Attorneys and the courts should be cognizant of the various issues attendant to the ultimate disposition of the family pet such as:

• If the family pet has a purpose (such as support animal, emotional support animal, or working dog)
• Equitable Distribution
• Alimony (considering “pet expenses” on the Financial Affidavit)
• Liability

There is also the exchange and transportation of the pet, when necessary. I won’t use that word starting with “time” and ending with “sharing”. This is not addressed by Florida Statute but is often discussed in litigation. If your client wants to keep the family pet, it is important to discuss these issues with your client early in the litigation.

Case Law Update

Phinney v. Phinney, 50 Fla. L. Weekly D207b (Fla. 3^rd DCA January 15, 2025)

By Reuben A. Doupé, Esq., BCS

By ethical rule, an attorney cannot act as attorney during a hearing in which the same attorney is also going to be a material fact witness, subject to a few exceptions. R. Regulating Fla. Bar. 4-3.7(a) (2024). By the specific language of the Rule, this prohibition is to “act as advocate at a trial.” Id. 

The most common event which would trigger this rule is the legal challenge to the validity of a written agreement. The drafting attorney is likely a necessary witness at that hearing, and as such cannot wear the hat of both witness and advocate for the party. 

In Phinney, the Third District recognizes that this rule is a limited disqualification that only applies to the evidentiary hearing or “trial.” “‘The key words here are ‘at a trial.’ Therefore, it follows that a lawyer may act as an advocate at pre-trial (before the start of the trial) and post-trial (after the judgment is rendered) proceedings.’” Id. (quoting Columbo v. Puig, 745 So.2d 1106, 1107 (Fla. 3rd DCA 1999)). 

While the attorney witness may not act as advocate at the trial, they may participate in discovery, including depositions, advocate at all pre-trial hearings, counsel the client, and may even sit at counsel’s table during the trial to assist in the trial despite not being able to stand and advocate. 

Kiswani v. Hafza, 2025 WL 495067 (Fla. 5th DCA 2025).

By Cash A. Eaton, Esq.

This month’s case comes from the Fifth District. We again review issues that are pervasive throughout Florida appellate opinions.

Parenting Plans

The parenting plan did not describe which parent gets timesharing or establish a specific timesharing schedule for the children. Parenting plans must, “[I]nclude the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent.” Unequivocally, there must be an actual schedule. § 61.13(2)(b)2., Fla. Stat.

Further, determinations regarding access to minor children CANNOT be delegated to a third party. The Court cannot state that timesharing will be reserved until after a therapist determines that the party is fit to have contact with the minor child. The Appellate Court specifically stated, “Although the trial court reserved authority to make the final decision on timesharing, that cannot happen absent a stamp of approval from third parties.” The trial court cannot put up a barrier to a party’s ability to access the trial court to address issues related to the minor children. 

Equitable Distribution

 Trial courts must make statutorily required findings in their final equitable distribution award. § 61.075(3), Fla. Stat. specifically requires the distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact that includes clearly identifying which assets and liabilities are marital and which are not. The final judgment in this matter failed to include these statutory findings. Therefore, the trial court’s ruling was reversed and remanded.

Child Support

Finally, the trial court failed to calculate the parties’ monthly net incomes. Florida law unequivocally requires the trial to determine the net income of each parent pursuant to § 61.30, Fla. Stat, and to include findings in the final judgment.”

Justice v. Guerrero-Justice, No. 3D24-1248, 2025 WL 395688 (Fla. 3d DCA Feb. 5, 2025)

By Ronald H. Kauffman, Esq.

This case involves whether parties must be given the opportunity to make arguments during a UCCJEA communication between different state tribunals.

The parties had one child. The Mother filed for divorce in Tennessee claiming the child lived with her in Tennessee. The Father filed for divorce in Florida two days later saying the child lived with him in Florida. The Mother moved to dismiss the Florida petition arguing Tennessee was the child's home state. The Father moved to dismiss the Tennessee petition arguing Florida was the child’s home state.

The parties agreed the two judges needed to conduct a UCCJEA hearing. Before the hearing, the Tennessee court denied the Father’s motion to dismiss and found that Tennessee was the child's home state. The Florida court subsequently issued an order dismissing the Florida case stating it conducted a UCCJEA conference with the Tennessee court, and it determined that the minor child's home state was Tennessee.

The appellate court reversed, holding the UCCJEA obligates the trial court to allow the parties to participate in the communications with a court of another state. If the parties choose to participate in the communication between courts, then they have a right to be heard. That means they must be given the opportunity to make arguments as to their positions. Then, a record of the communication, such as a recording or transcript, must be made. The parties must be informed promptly of the record and granted access. Failure to comply with these obligations violated the Father’s due process right.