THE FLORIDA BAR, Complainant, v. Joyce Sibson DOVE, Respondent, 985 So. 2d 1001

PER CURIAM. We have for review a referee’s report recommending that Joyce Sibson Dove be found guilty of professional misconduct for her actions in an adoption case. The referee recommended that Dove be disciplined by public reprimand, receive two years of probation, and forfeit fees of $8,388.84 to The Florida Bar Foundation. We have jurisdiction. See art. V, § 15, Fla. Const. We disapprove the referee’s recommended sanction of a public reprimand. We also disapprove the Bar’s request for a one-year suspension.

We find that the violations of the Rules of Professional Conduct in this case were extremely serious and warrant a sanction of a three-year suspension. In light of our decision to impose a lengthy suspension and the Bar’s concerns regarding the proposed conditions of probation, we disapprove the referee’s recommendation of probation. On Dove’s cross-appeal, we agree with Dove that the referee’s recommendation of disgorgement of fees should be disapproved but reject her other claims. FACTS AND PROCEDURAL HISTORY In February 2005, The Florida Bar filed a two-count complaint alleging that Dove engaged in misconduct.

In June 2005, the Bar filed a second complaint against Dove. A referee was appointed. During a hearing on the complaints, the referee dismissed count II of the initial complaint and the second complaint. After hearing the evidence and the argument of counsel, the referee made the following findings and recommendations relating to the remaining count. Dove was a shareholder and director of the law firm known as Joyce Dove, P.A. Dove was also the President of Foundation for Children, Inc. (Corporation), which operated an adoption agency known as Foundation for Children Adoption Agency (Agency).

Dove was a director and also legal counsel for the Corporation and the Agency. The Agency was retained by prospective adoptive parents to assist them in finding a child for adoption. In July 2002, a birth mother decided to place her child, born on November 26, 2001, for adoption. Her boyfriend called an “adoption hotline” to place the child for adoption. The call was referred to the Agency. Dove arranged for a contracted social worker to meet the birth mother and obtain her signature on documents to enable Dove to proceed with the termination of parental rights and subsequent adoption proceedings.

On July 17, 2002, the social worker met with the birth mother at the condominium where the birth mother lived. During this meeting, the birth mother signed a “Mother’s Interview Affidavit.” In the affidavit, the birth mother stated that during the prior twelve months, she had resided at a specific address in Oviedo, Florida. She did not state in the affidavit whether she had resided with anyone at that address or for what portion of the twelve-month period she resided there.

Before the referee, the birth mother testified that the Oviedo, Florida, address was that of her parents and that both she and the child had resided in her parents’ home from the child’s birth, November 26, 2001, until at least July 6, 2002. The birth mother further testified that the child did not move with her when she moved into the condominium in July 2002 but, rather, remained living with the maternal grandparents in their home.

Also during the initial meeting, the birth mother advised the social worker that the man with whom she was living in July 2002 was not the biological father of her child, and she provided the social worker with the name of the child’s biological father. The boyfriend executed an affidavit of nonpaternity. On July 19, 2002, in the Second Judicial Circuit Court in Leon County, Dove filed a petition for custody of the minor child and other documents regarding the termination of parental rights in and the adoption of the birth mother’s child.

Notably, the petition for custody stated: “The legal father has surrendered his parental rights by affidavit.” (Emphasis added.) The referee rejected Dove’s argument that the birth mother’s boyfriend was a “legal father.” On July 21, 2002, Dove sent her paralegal and the social worker to the birth mother’s condominium to pick up the child. When they arrived, the child was at the maternal grandparents’ home. The birth mother drove to the grandparents’ home to retrieve the child. It was at that time that the birth mother told her parents that she was placing the child for adoption.

The grandfather followed the birth mother and the child to the birth mother’s condominium and there made known to the birth mother, the paralegal, and the social worker his objection to placing the child for adoption at that time. Dove’s paralegal then brought the child to Tallahassee, Florida, to be placed with the adoptive family. On July 23, 2002, Dove filed a petition for the court to accept the intended adoption placement for the minor child.

This petition stated, “The minor child is currently residing with [the] birth mother for the purpose of adoption” and again asserted that the “legal father” had surrendered his rights to this child, pursuant to

chapter 63 of the Florida Statutes. The referee found that Dove did not file an affidavit from either the biological father or the purported “legal father” that would allow a termination of parental rights as required by

section 63.087(6)(e), Florida Statutes (2002). On July 26, 2002, Dove filed a notice of petition and hearing to terminate parental rights pending the adoption, purportedly providing notice to the biological parents of the hearing scheduled for August 21, 2002. No corresponding petition to terminate parental rights pending adoption was found in the court file or in Dove’s files. The referee found that although Dove claimed to have prepared a petition to terminate parental rights, she did not file the petition with the trial court as required by

section 63.087(6), Florida Statutes (2002). Finally, the referee found that Dove did not provide a copy of the notice to the biological parents. On August 21, 2002, notwithstanding the absence of any contact with the named biological father, Dove appeared ex parte before a circuit court judge and obtained a signed order terminating parental rights. The referee found that the proposed order drafted by Dove contained false factual assertions.

Dove repeated the untrue assertion that there was a “legal father” involved in the termination of parental rights pending adoption proceeding, falsely stated that the biological father was unknown, and falsely stated that the affidavits presented to the circuit court were legally sufficient for termination of parental rights under Florida Law. Dove misrepresented facts known to her relating the birth father and the sufficiency of the documents presented to the trial court.

The referee found that had Dove accurately represented these material facts, she would not have obtained a signed order terminating parental rights. See §§ 63.087; 63.088, Fla. Stat. (2002). Dove violated the Rules of Professional Conduct by making false statements of material fact or law to a tribunal and by failing to inform the tribunal in an ex-parte proceeding of all material facts known to the lawyer, whether or not adverse, that would enable the tribunal to make an informed decision.

Meanwhile, commencing the same day that Dove’s paralegal and the social worker took custody of the child, the maternal grandparents began communicating with Dove’s office. The grandparents indicated that they objected to the adoption and wanted to assert grandparental rights. Dove was aware of the grandparents’ objections. Several lawyers contacted Dove on behalf of the grandparents, though no lawyer formally appeared on the grandparents’ behalf while the adoption proceeding was pending.

Because the grandparents indicated that they were represented by a lawyer, Dove instructed her employees that they were not to communicate directly with the grandparents and that they should only take messages when the grandparents called. Before the referee, Dove acknowledged receiving a letter postmarked August 24, 2002, in which the grandparents specifically asserted their priority to adopt pursuant to

section 63.0425, Florida Statutes (2002), because the child had resided with them for six months. The grandparents also wrote letters to two circuit court judges in the Second Judicial Circuit. Despite having reason to believe that the grandparents were entitled to notice pursuant to

section 63.0425, Dove did not follow the statute. She did not notify the maternal grandparents of the adoption proceeding prior to filing a petition for adoption. On October 17, 2002, notwithstanding the known defects in the termination of parental rights proceeding and her failure to notify the grandparents, Dove filed a petition for adoption on behalf of her clients, the prospective adoptive parents. The petition falsely asserted that both the biological mother and the biological father had surrendered their parental rights.

Dove attended a hearing on the petition and had the circuit judge sign the order for final adoption without informing the circuit judge of the material facts known to her. Dove did not inform the court or the adoptive parents about any of the factual or legal deficiencies about which she had the responsibility to know and in material instances did know. Subsequent to the adoption, the grandparents and the birth mother began litigation seeking the return of the child. The parties reached a settlement, agreeing to an open adoption which allowed the grandparents and the birth mother visitation rights with the child.

The adoptive parents initiated a malpractice action against Dove, which was also settled. The adoptive parents paid $15,000 for the adoption, of which $1,611.16 was used for out-of-pocket expenses. Dove and her insurance carrier returned the entire fee. The referee found that Dove’s actions were violations of Rule Regulating the Florida Bar 4-1.1 (competence); rule 4-3.3(a)(1) (candor toward the tribunal — false statements); and rule 4-3.3(d) (candor toward the tribunal — ex parte proceedings). First, as to rule 4.1.1, Dove was retained to accomplish an adoption.

While an adoption was ultimately achieved through the settlement, the adoption was much different than the adoption sought by the adoptive parents, who were Dove’s clients. She failed to perform the legal service for which she was engaged. Second, as to rule 4-3.3(a)(l), the referee found that almost all of the documents filed by Dove in the termination of parental rights pending adoption and adoption proceedings, including both the order of termination of parental rights and the order for final adoption submitted to the circuit court, contained material misstatements.

Third, as to rule 4-3.3(d), Dove’s failure to inform the tribunal of material facts and issues in the case deprived the tribunal of the ability to make informed decisions. The referee thereafter held a hearing on sanctions. Dove presented mitigation evidence through the testimony of Kent Spuhler, the Executive Director of Florida Legal Services, Marcia Lynn Hilty-Rein-shuttle, Director of the Guardian Ad Litem Program for the Second Judicial Circuit, and a circuit judge before whom Dove had performed legal services in other cases.

Spuhler testified that Dove has provided outstanding service to Florida Legal Services on a rolling basis for many years. He credited Dove with successfully lobbying Congress for continued federal funding for the organization and with successfully lobbying the Florida Legislature to obtain a statutory guarantee of continued county funding.

Spuhler described Dove as being “passionate about people being able to get fair treatment in our legal system.” He stated that Dove has always been someone on whom he could rely and explained that Dove devoted more time to the cause than called for by her contract, without ever requesting an increase in pay from the original base rate of $35 per hour. Hilty-Reinshuttle testified that Dove has worked extensively on behalf of the Guardian Ad Litem Program, as a guardian ad litem, as a board member, and as a fundraiser.

The circuit judge testified that Dove had recently done a “terrific job” handling a complex family law case involving a difficult client and dependency, domestic violence, and dissolution of marriage issues. She explained that she has known Dove for at least ten years and that prior to learning the details of this disciplinary proceeding, she never had reason to question Dove’s integrity and found Dove to be at all times professional, courteous, and capable. The circuit judge expressed deep dismay when the facts of Dove’s handling of this case were pointed out to her.

Dove testified on her own behalf at the sanction hearing as well. Dove described her volunteer efforts on behalf of the Ukraine Project, which provides supplies to Ukrainian hospitals and orphanages and brings Ukrainian children with serious medical conditions to Florida for treatment. She testified that she has volunteered for the Guardian Ad Litem Program in varying capacities for fifteen years, mentored high school students, and worked for the Florida State University Florida Child Advocacy Center as a law student and after graduation.

Dove presented numerous awards that she has received for her public service and humanitarian efforts. In addition to these volunteer efforts, Dove described her professional career. She testified that prior to going to law school, she worked for American manufacturing firms in the United States and overseas. After becoming a member of the Bar, Dove became International Counsel to then Governor Lawton Chiles and ran agencies that the Governor created to foster international courts and international trade. Dove opened her own practice in 1994.

She explained that she decided to practice children’s law, specifically dependency, because she learned from a circuit judge that attorneys were badly needed in that area. Dove testified that court-appointed dependency work has been a major portion of her practice and that at the time of the hearing, she had a contract with State of Florida Justice Administrative Commission to do such work. At the close of this evidence, the Bar argued that the referee should suspend Dove for a period of one year.

The referee found the following aggravating factors: (1) at the time of the misconduct, Dove was fifty-five years old and an attorney with ten years of experience as a member of the Bar;

(2) Dove made several misrepresentations to the Court; (3) the adoptive parents and the child were at Dove’s mercy; and

(4) Dove had considerable experience in adoption proceedings. The referee found the following mitigating factors:

(1) Dove had no prior disciplinary record; (2) she was not trying to be dishonest;

(3) Dove’s community service with regard to the Ukraine Project, the Guardian Ad Litem Program, and other services that benefit children was impressive; (4) the circuit judge’s evaluation of recent cases with Dove showed interim rehabilitation; and

(5) Dove was remorseful. After considering the extensive testimony presented in this case, the aggravating and mitigating factors, and the one-year suspension sought by the Bar, the referee recommended that Dove be disciplined by: (1) public reprimand; (2) two years of probation; and (3) forfeiture of fees, with Dove paying $8,388.84 to The Florida Bar Foundation. The referee also recommended that Dove pay the Bar’s costs of $14,057.63. The Bar petitions this Court for review, arguing that the referee’s recommended disciplinary sanctions are too lenient and are not supported by Florida disciplinary law.

The Bar asserts that Dove should be suspended for one year. The Bar also argues that the referee’s recommendation of probation is infeasible and should be modified. Dove accepts the referee’s recommendation of public reprimand followed by probation but challenges the referee’s recommendations as to disgorgement and the award of costs to the Bar. ANALYSIS The Bar argues that the referee’s recommended disciplinary sanction of a public reprimand is not supported by case law or the Florida Standards for Imposing Lawyer Sanctions.

In reviewing a referee’s recommended discipline, this Court’s scope of review is broader than that afforded to the referee’s findings of fact because, ultimately, it is the Court’s responsibility to order the appropriate sanction. See Fla. Bar v. Anderson, 538 So.2d 852, 854 (Fla.1989); see also art. V, § 15, Fla. Const. The Court has held that a referee’s recommendation is persuasive and that generally speaking, this Court will not second-guess the referee’s recommended discipline as long as it has a reasonable basis in existing case law and the Florida Standards for Imposing Lawyer Sanctions. See Fla. Bar v.

Temmer, 753 So.2d 555, 558 (Fla.1999). We respect that in recommending discipline, as in determining whether ethical violations exist, the referee in a Bar proceeding occupies a favored vantage point for assessing key considerations. — such as a respondent’s degree of culpability and his or her cooperation, forthrightness, remorse, and rehabilitation (or potential for rehabilitation). Fla. Bar v. Lecznar, 690 So.2d 1284, 1288 (Fla.1997).

On the other hand, we have also recognized that because discipline is the ultimate responsibility of this Court, this Court may impose a stiffer sanction than the referee has recommended or the Bar has sought. Fla. Bar v. Tobkin, 944 So.2d 219, 226 (Fla.2006). The instant case presents the rare circumstance where this Court’s responsibility to the public compels us to depart from both the referee’s recommended discipline and from the Bar’s requested discipline.

In this proceeding, both Bar counsel and the referee were conscientious in considering the evidence and in seeking and recommending a sanction reflecting the substantial mitigation present in this case. However, as Bar counsel asserted before the referee, this is a disciplinary case of first impression. The Court has not previously faced the need to discipline a lawyer for such serious misconduct in the sensitive context of an adoption proceeding.

Overall, we find that the referee’s recommended sanction of a public reprimand is not in accord with the Florida Standards for Imposing Lawyer Sanctions, which we have approved for The Florida Bar, or with our case law. A public reprimand does not adequately address the seriousness of Dove’s ethical violations. Though we accept the referee’s findings as to other mitigation, we reject the referee’s finding that Dove was not trying to be dishonest because it is not supported by competent, substantial evidence. Thus, we agree with the Bar that the ethical violations require that Dove be suspended.

We disagree with the Bar that one year is sufficient. Due to the severity of Dove’s misconduct and the vulnerabilities of the parties to the adoption, we conclude that the length of the suspension should be three years. Our analysis of the proper discipline begins with the Florida Standards for Imposing Lawyer Sanctions.

In this case, the referee found and our review of the record confirms that Dove made knowing material misrepresentations to the termination of parental rights and adoption courts, did not deal with those tribunals with candor, and withheld material information from the courts, which potentially could cause and did cause a significant adverse effect on the legal proceedings and the interested parties. We conclude that standards 6.11 and 7.1, which specify disbarment, fit Dove’s conduct.

Determining that these standards apply and thus a presumption of disbarment exists does not end our analysis of the appropriate discipline. Imposition of discipline is not a robotic application of those standards.

Rather, we have repeatedly stated that sanctions imposed upon a member of the Bar for ethical misconduct must: (1) be fair to society, both in terms of protecting the public from unethical conduct and at the same time not denying the public the services of a qualified lawyer as a result of undue harshness in imposing a sanction; (2) be fair to the attorney by being sufficient to punish a breach of ethics and at the same time encouraging reformation and rehabilitation; and (3) be severe enough to deter others who might be prone or tempted to become involved in like misconduct. Fla. Bar v.

Cox, 794 So.2d 1278, 1286 (Fla.2001). In respect to criterion (1), we find that protection of the public from this type of unethical conduct would support the most severe punishment of disbarment. Dove represented adopting parents who were dependent upon their counsel to provide competent representation so that they and their adopted child would have the security of stable legal status as their new relationship was nurtured into a family relationship.

An adopting family can only have this security where the biological parents and other individuals contemplated under the statutes have been given proper notice and afforded due process and the adopting court is provided accurate documents. In addition, Dove had a professional responsibility to deal fairly, accurately, and honestly with the biological parents and the maternal grandparents in this adoption. In the adoption proceedings in this case, as in many adoption proceedings, the unrepresented birth parents did not attend the hearings.

Here, the biological family may not have attended because notice was not served. Regardless of why the biological family is not in attendance, in all such ex-parte hearings the court and the parties depend on the lawyer who is present to fulfill his or her duty to disclose material facts that are known to the lawyer and that the lawyer reasonably believes are necessary to an informed decision. See R. Regulating Fla. Bar 4-3.3 cmt. Ex parte proceedings. We expect and require lawyers in adoption proceedings to fulfill this duty. We also find that criterion (3) supports disbarment.

This Court is committed to the best interests of children. Lawyers who undertake representation in the vital areas of adoption, dependency, and delinquency and in other family law cases serve interests which have unexcelled importance in the law. We expressly advise lawyers that we applaud and appreciate their service in this representation but that the service must be performed in compliance with the Rules of Professional Conduct. If it is not, we will deal harshly with the violations.

Though we find that criteria (1) and (3) support disbarment, in considering criterion (2) we are mindful of the mitigation found by the referee and existent in the record. Dove has worked as a court-appointed family law attorney since the mid-1990s and has served the Guardian Ad Litem Program since 1990. Dove’s lobbying efforts on behalf of Florida Legal Services and her contributions to continuing legal education publications in the area of adoption law further demonstrate her commitment to public service and the legal community.

We also consider that the record indicates that Dove has shown substantial evidence of rehabilitation. The misconduct discussed in this opinion occurred in 2002. The circuit judge testified to Dove’s excellent handling of a particularly complicated family law case beginning in 2005 and her professional and competent performance generally. We agree with the referee that the record indicates that Dove’s handling of the adoption discussed in this disciplinary opinion was one very bad episode in what appears to have otherwise been a career of constructive and positive service. In Florida Bar v.

Cox, 794 So.2d 1278 (Fla.2001), we had before us a case in which the issue was candor to the court and material misrepresentations in a criminal proceeding. As here, the referee in Cox recommended that the attorney be disciplined by public reprimand. The Bar appealed, seeking a three-year suspension. In our decision, as we do here, we recognized that the standards made disbarment the presumptive sanction. However, we also recognized that there was substantial mitigation found by the referee. We did not follow the referee’s recommendation of public reprimand, nor did we disbar. We suspended Cox for one year.

It is our conclusion that we should follow our decision in Cox in this case and reject the referee’s recommendation of public reprimand. We will similarly not follow the presumption of disbarment because of the mitigation, which includes evidence of rehabilitation. We conclude that in this case, the imposition of a three-year suspension will best meet the criteria for imposition of discipline. Three years is the most severe suspension under the Rules Regulating The Florida Bar. We impose this length of suspension because of the seriousness of the violations which were proven.

The discipline we impose here is the discipline we imposed in Florida Bar v. Tauler, 775 So.2d 944, 949 (Fla.2000). In Tauter, the ethical violations gave rise to a presumption of disbarment. We found that the presumption was overcome by the mitigation evidence demonstrating Tau-ler’s proven commitment to providing legal services to those in need. Here too Dove has demonstrated a commitment to providing legal services to those in need. Dove’s contributions as a lawyer, particularly her work in dependency cases and as an advocate for Florida Legal Services, mitigate against disbarment.

Accordingly, based on the facts, rule violations, and case law, we conclude that the referee’s recommendation of a public reprimand is not supported and impose a three-year suspension. The Bar has also asked the Court to modify the referee’s recommended probation, asserting that the recommended conditions of probation are not feasible. As we have determined that a three-year suspension is appropriate, we disapprove the referee’s recommendation of probation in its entirety.

Turning to Dove’s petition for review, Dove argues that the Bar should be required to maintain a disciplinary index of sanctions, which she envisions as a list of appropriate sanctions for each rule violation. Dove claims that she is prejudiced by the lack of such an index. We find this argument is completely without merit. The Rules Regulating the Florida Bar, the Standards for Imposing Lawyer Sanctions, and the opinions issued by this Court inform attorneys of what conduct is required of them and what sanctions might be imposed for various forms of misconduct.

Next, Dove challenges the referee’s recommendation that Dove reimburse the Bar’s costs in the amount of $14,057.63 and disgorge the fees from the adoption case in the amount of $8,388.84. We agree with Dove that the referee erred in recommending that Dove disgorge fees in the amount of $8,388.84 to The Florida Bar Foundation. The Foundation is a statewide organization that provides financial support for legal aid and promotes improvements in addressing the civil legal needs of the poor. Although these are significant goals, the clear language of Rule Regulating the Florida Bar 3-5.1(

h) only permits disgorgement to the Client Security Fund. The Florida Bar Foundation is not mentioned in the rule. In addition, rule 3 — 5.1(

h) and disgorgement do not apply to this case. Although Dove provided inadequate service to her clients, the $8,388.84 was not a prohibited fee, an illegal fee, or an excessive fee as required by rule 3 — 5.1(h). See Fla. Bar v. St. Louis, 967 So.2d 108, 123-24 (Fla.2007). The civil malpractice action instigated by the adoptive parents was the appropriate remedy in this situation, not disgorgement. Thus, there is no basis under rule 3—5.1(

h) to require Dove to disgorge $8,388.84, and the referee’s recommendation of disgorgement seems to be in the nature of a fine. Fines are not permitted in disciplinary cases. Fla. Bar v. Frederick, 756 So.2d 79 (Fla.2000). Since the referee’s recommendation is not permitted under rule 3-5.1(h), we disapprove the recommendation for disgorgement. With regard to the Bar’s costs, Dove argues that the costs taxed to her should be reduced because she was not found guilty of some rule violations.

Rule Regulating the Florida Bar 3 — 7.6(q)(2) provides that the “referee shall have the discretion to award costs and, absent abuse of discretion, the referee’s award shall not be reversed.” This Court has repeatedly upheld rule 3-7.6(q)(3), which provides that when “the bar is successful, in whole or in part, the referee may assess the bar’s costs against the respondent.” Ethical Florida Bar members should not unnecessarily bear the cost of prosecuting the misdeeds of unethical members. There is no authority to support Dove’s argument for a percentage system in bar discipline cases.

In this case, the referee examined the Bar’s submissions and found that the Bar reasonably incurred $14,057.63 in costs. Accordingly, since the Bar was successful in this case, we approve the referee’s award of costs to the Bar. CONCLUSION Joyce Sibson Dove is hereby suspended from the practice of law in Florida for three years and thereafter until she proves rehabilitation. The suspension will be effective, nunc pro tunc, May 28, 2007, the effective date of the discipline that this Court imposed in its April 27, 2007, order. Fla. Bar v. Dove, Nos. SC05-302 & SC05-1157, 968 So.2d 558, 2007 WL 1486096 (Fla.

April 27, 2007) (unpublished order). As Dove is currently suspended, she does not need thirty days to close out her practice and protect the interests of existing clients. Dove shall accept no new business until she is reinstated to the practice of law in Florida. Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Joyce Sibson Dove in the amount of $14,057.63, for which sum let execution issue. It is so ordered. WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ„ concur. LEWIS, C.J., dissents with an opinion.

PARIENTE, J., dissents with an opinion. . As this case involves the adoption of a child, the identities of certain individuals are confidential. . Before the referee, the parties disagreed as to whether the child resided with its grandparents or with the birth mother and her boyfriend at the time of the social worker’s visit and the adoptive placement. The referee stated that he intentionally did not resolve that disagreement because it was Dove's duty to obtain a Uniform Child Custody Jurisdiction Act (UCCJA) affidavit that would have resolved the residence issue in the trial court.

Dove failed to file an affidavit establishing the child’s residence. . The birth mother provided the social worker with the name of her child's biological father during the initial interview. Dove was aware of this information. On the same day as the termination of parental rights hearing, Dove sent forms to a Mississippi attorney under a heading "IN RE: BIRTH FATHER CONSENT FORMS," in an effort to obtain the biological father’s consent or affidavit of non-paternity in lieu of consent.

In that transmission above Dove's signature, the letter states: "Again, the birthfather's name and address [are]....” Furthermore, Dove was aware or should have been aware that

section 63.062(l)(d)(3), Florida Statutes (2002), provided that where a birth mother identified "a person she has reason to believe may be the father of the minor in an action to terminate parental rights pending adoption," a petition to terminate parental rights pending adoption may only be granted upon obtaining a written consent to adoption or an affidavit of nonpa-ternity from that identified person. Dove also was aware or should have been aware of the notice and search requirements relating to any "person whose consent is required” set forth in

section 63.088, Florida Statutes (2002). It is significant that Dove did not cease her efforts to obtain the biological father’s consent on the basis that he was not in fact the biological father but only later attempted to assert that theory when her false statements were exposed. Rather, Dove ceased her efforts to obtain his consent because, as Dove’s communications to the Mississippi attorney stated, the ''maternal grandmother has contacted him ... trouble is brewing.” Since this adoption, Florida’s adoption law underwent significant legislative reform in 2003.

An adoption entity’s current statutory obligations relating to locatable biological fathers identified by the birth mother are discussed in Heart of Adoptions, Inc. v. J.A., 963 So.2d 189 (Fla.2007). . At the time of this adoption, certain grandparents were given a statutory priority to adopt.

Section 63.0425(1), Florida Statutes (2002), provided as follows: When a child who has lived with a grandparent for at least 6 months is placed for adoption, the adoption entity handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption, is filed. If the grandparent petitions the court to adopt the child, the court shall give first priority for adoption to that grandparent.

Section 63.087(6)(f)(8), Florida Statutes (2002), provided that a petition for termination of parental rights pending adoption must include a "certificate of compliance with the requirements of s. 63.0425 regarding notice to grandparents of an impending adoption.” In 2003,

section 63.0425 was revised to provide that adoption entities must give a grandparent notice of the hearing on the petition for termination of parental rights pending adoption when the subject child lived with the grandparent for at least six months within the twenty-four month period immediately preceding the filing of the petition for termination of parental rights pending adoption. Such grandparents are no longer given priority to adopt. See § 63.0425, Fla. Stat. (2003). .

Of his own initiative, Spuhler had Dove’s rate increased to $60 per hour, a figure he considers still extremely below market rate for her lobbying services. . Dove created the Ukraine Project through Foundation for Children, Inc., after traveling on State business to the Ukraine in 1996 and learning of the country’s need for medical supplies and other goods. . Standard 6.11 provides that disbarment is appropriate when a lawyer: “(

a) with the intent to deceive the court, knowingly makes a false statement or submits a false document; or (

b) improperly withholds material information, and causes serious or potentially serious injury to a party, or causes a significant or potentially significant adverse effect on the legal proceeding.” Standard 7.1 provides that disbarment is appropriate when a lawyer "intentionally engages in conduct that is a violation of a duty owed as a professional with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system.” . Moreover, the venue requirements of

section 63.087(4), Florida Statutes (2002), were not observed in this adoption. The termination of parental rights and adoption hearings were held in a different county than the residence of the birth mother or the prior residence of the child, making it even more likely that the biological family would not attend the hearings. . In his report, the referee failed to explain how he arrived at the $8,388.84 amount.