Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1874
       
       
       
       
       
       
                                Barcode 584164                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/08/2012 04:30 PM       .                                
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       Senator Wise moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 39.802, Florida
    6  Statutes, is amended to read:
    7         39.802 Petition for termination of parental rights; filing;
    8  elements.—
    9         (4) A petition for termination of parental rights filed
   10  under this chapter must contain facts supporting the following
   11  allegations:
   12         (a) That at least one of the grounds listed in s. 39.806
   13  has been met.
   14         (b) That the parents of the child were informed of their
   15  right to counsel at all hearings that they attended and that a
   16  dispositional order adjudicating the child dependent was entered
   17  in any prior dependency proceeding relied upon in offering a
   18  parent a case plan as described in s. 39.806.
   19         (c) That the manifest best interests of the child, in
   20  accordance with s. 39.810, would be served by the granting of
   21  the petition.
   22         (d) That the parents of the child will be informed of the
   23  availability of private placement of the child with an adoption
   24  entity, as defined in s. 63.032.
   25         Section 2. Paragraphs (e) through (m) of subsection (4) of
   26  section 63.022, Florida Statutes, are redesignated as paragraphs
   27  (d) through (l), respectively, and subsection (2) and present
   28  paragraph (d) of subsection (4) of that section are amended to
   29  read:
   30         63.022 Legislative intent.—
   31         (2) It is the intent of the Legislature that in every
   32  adoption, the best interest of the child should govern and be of
   33  foremost concern in the court’s determination. The court shall
   34  make a specific finding as to the best interests interest of the
   35  child in accordance with the provisions of this chapter.
   36         (4) The basic safeguards intended to be provided by this
   37  chapter are that:
   38         (d) All placements of minors for adoption are reported to
   39  the Department of Children and Family Services, except relative,
   40  adult, and stepparent adoptions.
   41         Section 3. Subsections (1), (3), (12), (17), and (19) of
   42  section 63.032, Florida Statutes, are amended to read:
   43         63.032 Definitions.—As used in this chapter, the term:
   44         (1) “Abandoned” means a situation in which the parent or
   45  person having legal custody of a child, while being able, makes
   46  little or no provision for the child’s support or and makes
   47  little or no effort to communicate with the child, which
   48  situation is sufficient to evince an intent to reject parental
   49  responsibilities. If, in the opinion of the court, the efforts
   50  of such parent or person having legal custody of the child to
   51  support and communicate with the child are only marginal efforts
   52  that do not evince a settled purpose to assume all parental
   53  duties, the court may declare the child to be abandoned. In
   54  making this decision, the court may consider the conduct of a
   55  father towards the child’s mother during her pregnancy.
   56         (3) “Adoption entity” means the department, an agency, a
   57  child-caring agency registered under s. 409.176, an
   58  intermediary, a Florida child-placing agency licensed under s.
   59  63.202, or a child-placing agency licensed in another state
   60  which is licensed qualified by the department to place children
   61  in the State of Florida.
   62         (12) “Parent” means a woman who gives birth to a child and
   63  who is not a gestational surrogate as defined in s. 742.13 or a
   64  man whose consent to the adoption of the child would be required
   65  under s. 63.062(1). If a child has been legally adopted, the
   66  term “parent” means the adoptive mother or father of the child.
   67  The term does not include an individual whose parental
   68  relationship to the child has been legally terminated or an
   69  alleged or prospective parent.
   70         (17) “Suitability of the intended placement” means the
   71  fitness of the intended placement, with primary consideration
   72  being given to the best interests interest of the child.
   73         (19) “Unmarried biological father” means the child’s
   74  biological father who is not married to the child’s mother at
   75  the time of conception or on the date of the birth of the child
   76  and who, before the filing of a petition to terminate parental
   77  rights, has not been adjudicated by a court of competent
   78  jurisdiction to be the legal father of the child or has not
   79  filed executed an affidavit pursuant to s. 382.013(2)(c).
   80         Section 4. Section 63.037, Florida Statutes, is amended to
   81  read:
   82         63.037 Proceedings applicable to cases resulting from a
   83  termination of parental rights under chapter 39.—A case in which
   84  a minor becomes available for adoption after the parental rights
   85  of each parent have been terminated by a judgment entered
   86  pursuant to chapter 39 shall be governed by s. 39.812 and this
   87  chapter. Adoption proceedings initiated under chapter 39 are
   88  exempt from the following provisions of this chapter:
   89  requirement for search of the Florida Putative Father Registry
   90  provided in s. 63.054(7), if a search was previously completed
   91  and documentation of the search is contained in the case file;
   92  disclosure requirements for the adoption entity provided in s.
   93  63.085(1); general provisions governing termination of parental
   94  rights pending adoption provided in s. 63.087; notice and
   95  service provisions governing termination of parental rights
   96  pending adoption provided in s. 63.088; and procedures for
   97  terminating parental rights pending adoption provided in s.
   98  63.089.
   99         Section 5. Subsections (2) through (4) of section 63.039,
  100  Florida Statutes, are renumbered as subsections (3) through (5),
  101  respectively, and a new subsection (2) is added to that section
  102  to read:
  103         63.039 Duty of adoption entity to prospective adoptive
  104  parents; sanctions.—
  105         (2) With the exception of an adoption by a relative or
  106  stepparent, all adoptions of minor children require the use of
  107  an adoption entity that will assume the responsibilities
  108  provided in this section.
  109         Section 6. Subsections (1), (2), (4), (7), (8), and (9) of
  110  section 63.0423, Florida Statutes, are amended to read:
  111         63.0423 Procedures with respect to surrendered infants.—
  112         (1) Upon entry of final judgment terminating parental
  113  rights, a licensed child-placing agency that takes physical
  114  custody of an infant surrendered at a hospital, emergency
  115  medical services station, or fire station pursuant to s. 383.50
  116  assumes shall assume responsibility for the all medical costs
  117  and all other costs associated with the emergency services and
  118  care of the surrendered infant from the time the licensed child
  119  placing agency takes physical custody of the surrendered infant.
  120         (2) The licensed child-placing agency shall immediately
  121  seek an order from the circuit court for emergency custody of
  122  the surrendered infant. The emergency custody order shall remain
  123  in effect until the court orders preliminary approval of
  124  placement of the surrendered infant in the prospective home, at
  125  which time the prospective adoptive parents become guardians
  126  pending termination of parental rights and finalization of
  127  adoption or until the court orders otherwise. The guardianship
  128  of the prospective adoptive parents shall remain subject to the
  129  right of the licensed child-placing agency to remove the
  130  surrendered infant from the placement during the pendency of the
  131  proceedings if such removal is deemed by the licensed child
  132  placing agency to be in the best interests interest of the
  133  child. The licensed child-placing agency may immediately seek to
  134  place the surrendered infant in a prospective adoptive home.
  135         (4) The parent who surrenders the infant in accordance with
  136  s. 383.50 is presumed to have consented to termination of
  137  parental rights, and express consent is not required. Except
  138  when there is actual or suspected child abuse or neglect, the
  139  licensed child-placing agency shall not attempt to pursue,
  140  search for, or notify that parent as provided in s. 63.088 and
  141  chapter 49. For purposes of s. 383.50 and this section, an
  142  infant who tests positive for illegal drugs, narcotic
  143  prescription drugs, alcohol, or other substances, but shows no
  144  other signs of child abuse or neglect, shall be placed in the
  145  custody of a licensed child-placing agency. Such a placement
  146  does not eliminate the reporting requirement under s. 383.50(7).
  147  When the department is contacted regarding an infant properly
  148  surrendered under this section and s. 383.50, the department
  149  shall provide instruction to contact a licensed child-placing
  150  agency and may not take custody of the infant unless reasonable
  151  efforts to contact a licensed child-placing agency to accept the
  152  infant have not been successful.
  153         (7) If a claim of parental rights of a surrendered infant
  154  is made before the judgment to terminate parental rights is
  155  entered, the circuit court may hold the action for termination
  156  of parental rights pending subsequent adoption in abeyance for a
  157  period of time not to exceed 60 days.
  158         (a) The court may order scientific testing to determine
  159  maternity or paternity at the expense of the parent claiming
  160  parental rights.
  161         (b) The court shall appoint a guardian ad litem for the
  162  surrendered infant and order whatever investigation, home
  163  evaluation, and psychological evaluation are necessary to
  164  determine what is in the best interests interest of the
  165  surrendered infant.
  166         (c) The court may not terminate parental rights solely on
  167  the basis that the parent left the infant at a hospital,
  168  emergency medical services station, or fire station in
  169  accordance with s. 383.50.
  170         (d) The court shall enter a judgment with written findings
  171  of fact and conclusions of law.
  172         (8) Within 7 business days after recording the judgment,
  173  the clerk of the court shall mail a copy of the judgment to the
  174  department, the petitioner, and any person the persons whose
  175  consent was were required, if known. The clerk shall execute a
  176  certificate of each mailing.
  177         (9)(a) A judgment terminating parental rights pending
  178  adoption is voidable, and any later judgment of adoption of that
  179  minor is voidable, if, upon the motion of a birth parent, the
  180  court finds that a person knowingly gave false information that
  181  prevented the birth parent from timely making known his or her
  182  desire to assume parental responsibilities toward the minor or
  183  from exercising his or her parental rights. A motion under this
  184  subsection must be filed with the court originally entering the
  185  judgment. The motion must be filed within a reasonable time but
  186  not later than 1 year after the entry of the judgment
  187  terminating parental rights.
  188         (b) No later than 30 days after the filing of a motion
  189  under this subsection, the court shall conduct a preliminary
  190  hearing to determine what contact, if any, will be permitted
  191  between a birth parent and the child pending resolution of the
  192  motion. Such contact may be allowed only if it is requested by a
  193  parent who has appeared at the hearing and the court determines
  194  that it is in the best interests interest of the child. If the
  195  court orders contact between a birth parent and the child, the
  196  order must be issued in writing as expeditiously as possible and
  197  must state with specificity any provisions regarding contact
  198  with persons other than those with whom the child resides.
  199         (c) At the preliminary hearing, The court, upon the motion
  200  of any party or upon its own motion, may not order scientific
  201  testing to determine the paternity or maternity of the minor
  202  until such time as the court determines that a previously
  203  entered judgment terminating the parental rights of that parent
  204  is voidable pursuant to paragraph (a), unless all parties agree
  205  that such testing is in the best interests of the child if the
  206  person seeking to set aside the judgment is alleging to be the
  207  child’s birth parent but has not previously been determined by
  208  legal proceedings or scientific testing to be the birth parent.
  209  Upon the filing of test results establishing that person’s
  210  maternity or paternity of the surrendered infant, the court may
  211  order visitation only if it appears to be as it deems
  212  appropriate and in the best interests interest of the child.
  213         (d) Within 45 days after the preliminary hearing, the court
  214  shall conduct a final hearing on the motion to set aside the
  215  judgment and shall enter its written order as expeditiously as
  216  possible thereafter.
  217         Section 7. Section 63.0427, Florida Statutes, is amended to
  218  read:
  219         63.0427 Agreements for Adopted minor’s right to continued
  220  communication or contact between adopted child and with
  221  siblings, parents, and other relatives.—
  222         (1) A child whose parents have had their parental rights
  223  terminated and whose custody has been awarded to the department
  224  pursuant to s. 39.811, and who is the subject of a petition for
  225  adoption under this chapter, shall have the right to have the
  226  court consider the appropriateness of postadoption communication
  227  or contact, including, but not limited to, visits, written
  228  correspondence, or telephone calls, with his or her siblings or,
  229  upon agreement of the adoptive parents, with the parents who
  230  have had their parental rights terminated or other specified
  231  biological relatives. The court shall consider the following in
  232  making such determination:
  233         (a) Any orders of the court pursuant to s. 39.811(7).
  234         (b) Recommendations of the department, the foster parents
  235  if other than the adoptive parents, and the guardian ad litem.
  236         (c) Statements of the prospective adoptive parents.
  237         (d) Any other information deemed relevant and material by
  238  the court.
  239  
  240  If the court determines that the child’s best interests will be
  241  served by postadoption communication or contact, the court shall
  242  so order, stating the nature and frequency of for the
  243  communication or contact. This order shall be made a part of the
  244  final adoption order, but in no event shall the continuing
  245  validity of the adoption may not be contingent upon such
  246  postadoption communication or contact and, nor shall the ability
  247  of the adoptive parents and child to change residence within or
  248  outside the State of Florida may not be impaired by such
  249  communication or contact.
  250         (2) Notwithstanding the provisions of s. 63.162, the
  251  adoptive parent may, at any time, petition for review of a
  252  communication or contact order entered pursuant to subsection
  253  (1), if the adoptive parent believes that the best interests of
  254  the adopted child are being compromised, and the court may shall
  255  have authority to order the communication or contact to be
  256  terminated or modified, as the court deems to be in the best
  257  interests of the adopted child; however, the court may not
  258  increase contact between the adopted child and siblings, birth
  259  parents, or other relatives without the consent of the adoptive
  260  parent or parents. As part of the review process, the court may
  261  order the parties to engage in mediation. The department shall
  262  not be required to be a party to such review.
  263         Section 8. Subsections (1), (2), (3), and (6) of section
  264  63.052, Florida Statutes, are amended to read:
  265         63.052 Guardians designated; proof of commitment.—
  266         (1) For minors who have been placed for adoption with and
  267  permanently committed to an adoption entity, other than an
  268  intermediary, such adoption entity shall be the guardian of the
  269  person of the minor and has the responsibility and authority to
  270  provide for the needs and welfare of the minor.
  271         (2) For minors who have been voluntarily surrendered to an
  272  intermediary through an execution of a consent to adoption, the
  273  intermediary shall be responsible for the minor until the time a
  274  court orders preliminary approval of placement of the minor in
  275  the prospective adoptive home, after which time the prospective
  276  adoptive parents shall become guardians pending finalization of
  277  adoption, subject to the intermediary’s right and responsibility
  278  to remove the child from the prospective adoptive home if the
  279  removal is deemed by the intermediary to be in the best
  280  interests interest of the child. The intermediary may not remove
  281  the child without a court order unless the child is in danger of
  282  imminent harm. The intermediary does not become responsible for
  283  the minor child’s medical bills that were incurred before taking
  284  physical custody of the child after the execution of adoption
  285  consents. Prior to the court’s entry of an order granting
  286  preliminary approval of the placement, the intermediary shall
  287  have the responsibility and authority to provide for the needs
  288  and welfare of the minor. A No minor may not shall be placed in
  289  a prospective adoptive home until that home has received a
  290  favorable preliminary home study, as provided in s. 63.092,
  291  completed and approved within 1 year before such placement in
  292  the prospective home. The provisions of s. 627.6578 shall remain
  293  in effect notwithstanding the guardianship provisions in this
  294  section.
  295         (3) If a minor is surrendered to an adoption entity for
  296  subsequent adoption and a suitable prospective adoptive home is
  297  not available pursuant to s. 63.092 at the time the minor is
  298  surrendered to the adoption entity, the minor must be placed in
  299  a licensed foster care home, or with a person or family that has
  300  received a favorable preliminary home study pursuant to
  301  subsection (2), or with a relative until such a suitable
  302  prospective adoptive home is available.
  303         (6) Unless otherwise authorized by law or ordered by the
  304  court, the department is not responsible for expenses incurred
  305  by other adoption entities participating in a placement of a
  306  minor.
  307         Section 9. Subsections (2) and (3) of section 63.053,
  308  Florida Statutes, are amended to read:
  309         63.053 Rights and responsibilities of an unmarried
  310  biological father; legislative findings.—
  311         (2) The Legislature finds that the interests of the state,
  312  the mother, the child, and the adoptive parents described in
  313  this chapter outweigh the interest of an unmarried biological
  314  father who does not take action in a timely manner to establish
  315  and demonstrate a relationship with his child in accordance with
  316  the requirements of this chapter. An unmarried biological father
  317  has the primary responsibility to protect his rights and is
  318  presumed to know that his child may be adopted without his
  319  consent unless he strictly complies with the provisions of this
  320  chapter and demonstrates a prompt and full commitment to his
  321  parental responsibilities.
  322         (3) The Legislature finds that a birth mother and a birth
  323  father have a right of to privacy.
  324         Section 10. Subsections (1), (2), (4), and (13) of section
  325  63.054, Florida Statutes, are amended to read:
  326         63.054 Actions required by an unmarried biological father
  327  to establish parental rights; Florida Putative Father Registry.—
  328         (1) In order to preserve the right to notice and consent to
  329  an adoption under this chapter, an unmarried biological father
  330  must, as the “registrant,” file a notarized claim of paternity
  331  form with the Florida Putative Father Registry maintained by the
  332  Office of Vital Statistics of the Department of Health which
  333  includes confirmation of his willingness and intent to support
  334  the child for whom paternity is claimed in accordance with state
  335  law. The claim of paternity may be filed at any time before the
  336  child’s birth, but may not be filed after the date a petition is
  337  filed for termination of parental rights. In each proceeding for
  338  termination of parental rights, the petitioner must submit to
  339  the Office of Vital Statistics a copy of the petition for
  340  termination of parental rights or a document executed by the
  341  clerk of the court showing the style of the case, the names of
  342  the persons whose rights are sought to be terminated, and the
  343  date and time of the filing of the petition. The Office of Vital
  344  Statistics may not record a claim of paternity after the date a
  345  petition for termination of parental rights is filed. The
  346  failure of an unmarried biological father to file a claim of
  347  paternity with the registry before the date a petition for
  348  termination of parental rights is filed also bars him from
  349  filing a paternity claim under chapter 742.
  350         (a) An unmarried biological father is excepted from the
  351  time limitations for filing a claim of paternity with the
  352  registry or for filing a paternity claim under chapter 742, if:
  353         1. The mother identifies him to the adoption entity as a
  354  potential biological father by the date she executes a consent
  355  for adoption; and
  356         2. He is served with a notice of intended adoption plan
  357  pursuant to s. 63.062(3) and the 30-day mandatory response date
  358  is later than the date the petition for termination of parental
  359  rights is filed with the court.
  360         (b) If an unmarried biological father falls within the
  361  exception provided by paragraph (a), the petitioner shall also
  362  submit to the Office of Vital Statistics a copy of the notice of
  363  intended adoption plan and proof of service of the notice on the
  364  potential biological father.
  365         (c) An unmarried biological father who falls within the
  366  exception provided by paragraph (a) may not file a claim of
  367  paternity with the registry or a paternity claim under chapter
  368  742 after the 30-day mandatory response date to the notice of
  369  intended adoption plan has expired. The Office of Vital
  370  Statistics may not record a claim of paternity 30 days after
  371  service of the notice of intended adoption plan.
  372         (2) By filing a claim of paternity form with the Office of
  373  Vital Statistics, the registrant expressly consents to submit to
  374  and pay for DNA testing upon the request of any party, the
  375  registrant, or the adoption entity with respect to the child
  376  referenced in the claim of paternity.
  377         (4) Upon initial registration, or at any time thereafter,
  378  the registrant may designate a physical an address other than
  379  his residential address for sending any communication regarding
  380  his registration. Similarly, upon initial registration, or at
  381  any time thereafter, the registrant may designate, in writing,
  382  an agent or representative to receive any communication on his
  383  behalf and receive service of process. The agent or
  384  representative must file an acceptance of the designation, in
  385  writing, in order to receive notice or service of process. The
  386  failure of the designated representative or agent of the
  387  registrant to deliver or otherwise notify the registrant of
  388  receipt of correspondence from the Florida Putative Father
  389  Registry is at the registrant’s own risk and may shall not serve
  390  as a valid defense based upon lack of notice.
  391         (13) The filing of a claim of paternity with the Florida
  392  Putative Father Registry does not excuse or waive the obligation
  393  of a petitioner to comply with the requirements of s. 63.088(4)
  394  for conducting a diligent search and required inquiry with
  395  respect to the identity of an unmarried biological father or
  396  legal father which are set forth in this chapter.
  397         Section 11. Paragraph (b) of subsection (1), subsections
  398  (2), (3), and (4), and paragraph (a) of subsection (8) of
  399  section 63.062, Florida Statutes, are amended to read:
  400         63.062 Persons required to consent to adoption; affidavit
  401  of nonpaternity; waiver of venue.—
  402         (1) Unless supported by one or more of the grounds
  403  enumerated under s. 63.089(3), a petition to terminate parental
  404  rights pending adoption may be granted only if written consent
  405  has been executed as provided in s. 63.082 after the birth of
  406  the minor or notice has been served under s. 63.088 to:
  407         (b) The father of the minor, if:
  408         1. The minor was conceived or born while the father was
  409  married to the mother;
  410         2. The minor is his child by adoption;
  411         3. The minor has been adjudicated by the court to be his
  412  child before by the date a petition is filed for termination of
  413  parental rights is filed;
  414         4. He has filed an affidavit of paternity pursuant to s.
  415  382.013(2)(c) or he is listed on the child’s birth certificate
  416  before by the date a petition is filed for termination of
  417  parental rights is filed; or
  418         5. In the case of an unmarried biological father, he has
  419  acknowledged in writing, signed in the presence of a competent
  420  witness, that he is the father of the minor, has filed such
  421  acknowledgment with the Office of Vital Statistics of the
  422  Department of Health within the required timeframes, and has
  423  complied with the requirements of subsection (2).
  424  
  425  The status of the father shall be determined at the time of the
  426  filing of the petition to terminate parental rights and may not
  427  be modified, except as otherwise provided in s. 63.0423(9)(a),
  428  for purposes of his obligations and rights under this chapter by
  429  acts occurring after the filing of the petition to terminate
  430  parental rights.
  431         (2) In accordance with subsection (1), the consent of an
  432  unmarried biological father shall be necessary only if the
  433  unmarried biological father has complied with the requirements
  434  of this subsection.
  435         (a)1. With regard to a child who is placed with adoptive
  436  parents more than 6 months after the child’s birth, an unmarried
  437  biological father must have developed a substantial relationship
  438  with the child, taken some measure of responsibility for the
  439  child and the child’s future, and demonstrated a full commitment
  440  to the responsibilities of parenthood by providing reasonable
  441  and regular financial support to the child in accordance with
  442  the unmarried biological father’s ability, if not prevented from
  443  doing so by the person or authorized agency having lawful
  444  custody of the child, and either:
  445         a. Regularly visited the child at least monthly, when
  446  physically and financially able to do so and when not prevented
  447  from doing so by the birth mother or the person or authorized
  448  agency having lawful custody of the child; or
  449         b. Maintained regular communication with the child or with
  450  the person or agency having the care or custody of the child,
  451  when physically or financially unable to visit the child or when
  452  not prevented from doing so by the birth mother or person or
  453  authorized agency having lawful custody of the child.
  454         2. The mere fact that an unmarried biological father
  455  expresses a desire to fulfill his responsibilities towards his
  456  child which is unsupported by acts evidencing this intent does
  457  not preclude a finding by the court that the unmarried
  458  biological father failed to comply with the requirements of this
  459  subsection.
  460         2.3. An unmarried biological father who openly lived with
  461  the child for at least 6 months within the 1-year period
  462  following the birth of the child and immediately preceding
  463  placement of the child with adoptive parents and who openly held
  464  himself out to be the father of the child during that period
  465  shall be deemed to have developed a substantial relationship
  466  with the child and to have otherwise met the requirements of
  467  this paragraph.
  468         (b) With regard to a child who is younger than 6 months of
  469  age or younger at the time the child is placed with the adoptive
  470  parents, an unmarried biological father must have demonstrated a
  471  full commitment to his parental responsibility by having
  472  performed all of the following acts prior to the time the mother
  473  executes her consent for adoption:
  474         1. Filed a notarized claim of paternity form with the
  475  Florida Putative Father Registry within the Office of Vital
  476  Statistics of the Department of Health, which form shall be
  477  maintained in the confidential registry established for that
  478  purpose and shall be considered filed when the notice is entered
  479  in the registry of notices from unmarried biological fathers.
  480         2. Upon service of a notice of an intended adoption plan or
  481  a petition for termination of parental rights pending adoption,
  482  executed and filed an affidavit in that proceeding stating that
  483  he is personally fully able and willing to take responsibility
  484  for the child, setting forth his plans for care of the child,
  485  and agreeing to a court order of child support and a
  486  contribution to the payment of living and medical expenses
  487  incurred for the mother’s pregnancy and the child’s birth in
  488  accordance with his ability to pay.
  489         3. If he had knowledge of the pregnancy, paid a fair and
  490  reasonable amount of the living and medical expenses incurred in
  491  connection with the mother’s pregnancy and the child’s birth, in
  492  accordance with his financial ability and when not prevented
  493  from doing so by the birth mother or person or authorized agency
  494  having lawful custody of the child. The responsibility of the
  495  unmarried biological father to provide financial assistance to
  496  the birth mother during her pregnancy and to the child after
  497  birth is not abated because support is being provided to the
  498  birth mother or child by the adoption entity, a prospective
  499  adoptive parent, or a third party, nor does it serve as a basis
  500  to excuse the birth father’s failure to provide support.
  501         (c) The mere fact that a father expresses a desire to
  502  fulfill his responsibilities towards his child which is
  503  unsupported by acts evidencing this intent does not meet the
  504  requirements of this section.
  505         (d)(c) The petitioner shall file with the court a
  506  certificate from the Office of Vital Statistics stating that a
  507  diligent search has been made of the Florida Putative Father
  508  Registry of notices from unmarried biological fathers described
  509  in subparagraph (b)1. and that no filing has been found
  510  pertaining to the father of the child in question or, if a
  511  filing is found, stating the name of the putative father and the
  512  time and date of filing. That certificate shall be filed with
  513  the court prior to the entry of a final judgment of termination
  514  of parental rights.
  515         (e)(d) An unmarried biological father who does not comply
  516  with each of the conditions provided in this subsection is
  517  deemed to have waived and surrendered any rights in relation to
  518  the child, including the right to notice of any judicial
  519  proceeding in connection with the adoption of the child, and his
  520  consent to the adoption of the child is not required.
  521         (3) Pursuant to chapter 48, an adoption entity shall serve
  522  a notice of intended adoption plan upon any known and locatable
  523  unmarried biological father who is identified to the adoption
  524  entity by the mother by the date she signs her consent for
  525  adoption if the child is 6 months of age or less at the time the
  526  consent is executed or who is identified by a diligent search of
  527  the Florida Putative Father Registry, or upon an entity whose
  528  consent is required. Service of the notice of intended adoption
  529  plan is not required mandatory when the unmarried biological
  530  father signs a consent for adoption or an affidavit of
  531  nonpaternity or when the child is more than 6 months of age at
  532  the time of the execution of the consent by the mother. The
  533  notice may be served at any time before the child’s birth or
  534  before placing the child in the adoptive home. The recipient of
  535  the notice may waive service of process by executing a waiver
  536  and acknowledging receipt of the plan. The notice of intended
  537  adoption plan must specifically state that if the unmarried
  538  biological father desires to contest the adoption plan he must,
  539  within 30 days after service, file with the court a verified
  540  response that contains a pledge of commitment to the child in
  541  substantial compliance with subparagraph (2)(b)2. and a claim of
  542  paternity form with the Office of Vital Statistics, and must
  543  provide the adoption entity with a copy of the verified response
  544  filed with the court and the claim of paternity form filed with
  545  the Office of Vital Statistics. The notice must also include
  546  instructions for submitting a claim of paternity form to the
  547  Office of Vital Statistics and the address to which the claim
  548  must be sent. If the party served with the notice of intended
  549  adoption plan is an entity whose consent is required, the notice
  550  must specifically state that the entity must file, within 30
  551  days after service, a verified response setting forth a legal
  552  basis for contesting the intended adoption plan, specifically
  553  addressing the best interests interest of the child.
  554         (a) If the unmarried biological father or entity whose
  555  consent is required fails to timely and properly file a verified
  556  response with the court and, in the case of an unmarried
  557  biological father, a claim of paternity form with the Office of
  558  Vital Statistics, the court shall enter a default judgment
  559  against the any unmarried biological father or entity and the
  560  consent of that unmarried biological father or entity shall no
  561  longer be required under this chapter and shall be deemed to
  562  have waived any claim of rights to the child. To avoid an entry
  563  of a default judgment, within 30 days after receipt of service
  564  of the notice of intended adoption plan:
  565         1. The unmarried biological father must:
  566         a. File a claim of paternity with the Florida Putative
  567  Father Registry maintained by the Office of Vital Statistics;
  568         b. File a verified response with the court which contains a
  569  pledge of commitment to the child in substantial compliance with
  570  subparagraph (2)(b)2.; and
  571         c. Provide support for the birth mother and the child.
  572         2. The entity whose consent is required must file a
  573  verified response setting forth a legal basis for contesting the
  574  intended adoption plan, specifically addressing the best
  575  interests interest of the child.
  576         (b) If the mother identifies a potential unmarried
  577  biological father within the timeframes required by the statute,
  578  whose location is unknown, the adoption entity shall conduct a
  579  diligent search pursuant to s. 63.088. If, upon completion of a
  580  diligent search, the potential unmarried biological father’s
  581  location remains unknown and a search of the Florida Putative
  582  Father Registry fails to reveal a match, the adoption entity
  583  shall request in the petition for termination of parental rights
  584  pending adoption that the court declare the diligent search to
  585  be in compliance with s. 63.088, that the adoption entity has no
  586  further obligation to provide notice to the potential unmarried
  587  biological father, and that the potential unmarried biological
  588  father’s consent to the adoption is not required.
  589         (4) Any person whose consent is required under paragraph
  590  (1)(b), or any other man, may execute an irrevocable affidavit
  591  of nonpaternity in lieu of a consent under this section and by
  592  doing so waives notice to all court proceedings after the date
  593  of execution. An affidavit of nonpaternity must be executed as
  594  provided in s. 63.082. The affidavit of nonpaternity may be
  595  executed prior to the birth of the child. The person executing
  596  the affidavit must receive disclosure under s. 63.085 prior to
  597  signing the affidavit. For purposes of this chapter, an
  598  affidavit of nonpaternity is sufficient if it contains a
  599  specific denial of parental obligations and does not need to
  600  deny the existence of a biological relationship.
  601         (8) A petition to adopt an adult may be granted if:
  602         (a) Written consent to adoption has been executed by the
  603  adult and the adult’s spouse, if any, unless the spouse’s
  604  consent is waived by the court for good cause.
  605         Section 12. Subsection (2) of section 63.063, Florida
  606  Statutes, is amended to read:
  607         63.063 Responsibility of parents for actions; fraud or
  608  misrepresentation; contesting termination of parental rights and
  609  adoption.—
  610         (2) Any person injured by a fraudulent representation or
  611  action in connection with an adoption may pursue civil or
  612  criminal penalties as provided by law. A fraudulent
  613  representation is not a defense to compliance with the
  614  requirements of this chapter and is not a basis for dismissing a
  615  petition for termination of parental rights or a petition for
  616  adoption, for vacating an adoption decree, or for granting
  617  custody to the offended party. Custody and adoption
  618  determinations must be based on the best interests interest of
  619  the child in accordance with s. 61.13.
  620         Section 13. Paragraph (d) of subsection (1), paragraphs (c)
  621  and (d) of subsection (3), paragraphs (a), (d), and (e) of
  622  subsection (4), and subsections (6) and (7) of section 63.082,
  623  Florida Statutes, are amended to read:
  624         63.082 Execution of consent to adoption or affidavit of
  625  nonpaternity; family social and medical history; revocation
  626  withdrawal of consent.—
  627         (1)
  628         (d) The notice and consent provisions of this chapter as
  629  they relate to the father birth of a child or to legal fathers
  630  do not apply in cases in which the child is conceived as a
  631  result of a violation of the criminal laws of this or another
  632  state or country, including, but not limited to, sexual battery,
  633  unlawful sexual activity with certain minors under s. 794.05,
  634  lewd acts perpetrated upon a minor, or incest. Notice shall be
  635  provided to the father of a child alleged to have been conceived
  636  as a result of a violation of the criminal laws of this or
  637  another state or country, if no criminal charges have been
  638  filed. A criminal conviction is not required for the court to
  639  find that the child was conceived as a result of a violation of
  640  the criminal laws of this state or another state or country.
  641         (3)
  642         (c) If any person who is required to consent is unavailable
  643  because the person cannot be located, an the petition to
  644  terminate parental rights pending adoption must be accompanied
  645  by the affidavit of diligent search required under s. 63.088
  646  shall be filed.
  647         (d) If any person who is required to consent is unavailable
  648  because the person is deceased, the petition to terminate
  649  parental rights pending adoption must be accompanied by a
  650  certified copy of the death certificate. In an adoption of a
  651  stepchild or a relative, the certified copy of the death
  652  certificate of the person whose consent is required may must be
  653  attached to the petition for adoption if a separate petition for
  654  termination of parental rights is not being filed.
  655         (4)(a) An affidavit of nonpaternity may be executed before
  656  the birth of the minor; however, the consent to an adoption may
  657  shall not be executed before the birth of the minor except in a
  658  preplanned adoption pursuant to s. 63.213.
  659         (d) The consent to adoption or the affidavit of
  660  nonpaternity must be signed in the presence of two witnesses and
  661  be acknowledged before a notary public who is not signing as one
  662  of the witnesses. The notary public must legibly note on the
  663  consent or the affidavit the date and time of execution. The
  664  witnesses’ names must be typed or printed underneath their
  665  signatures. The witnesses’ home or business addresses must be
  666  included. The person who signs the consent or the affidavit has
  667  the right to have at least one of the witnesses be an individual
  668  who does not have an employment, professional, or personal
  669  relationship with the adoption entity or the prospective
  670  adoptive parents. The adoption entity must give reasonable
  671  advance notice to the person signing the consent or affidavit of
  672  the right to select a witness of his or her own choosing. The
  673  person who signs the consent or affidavit must acknowledge in
  674  writing on the consent or affidavit that such notice was given
  675  and indicate the witness, if any, who was selected by the person
  676  signing the consent or affidavit. The adoption entity must
  677  include its name, address, and telephone number on the consent
  678  to adoption or affidavit of nonpaternity.
  679         (e) A consent to adoption being executed by the birth
  680  parent must be in at least 12-point boldfaced type and shall
  681  contain the following recitation of rights in substantially the
  682  following form:
  683                         CONSENT TO ADOPTION                       
  684  
  685         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES
  686  NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP
  687  WITH THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO
  688  BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
  689  WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
  690  NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
  691  WITNESSES YOU SELECTED, IF ANY.
  692  
  693         YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY
  694  OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE
  695  SIGNING THIS CONSENT:
  696  
  697         1. CONSULT WITH AN ATTORNEY;
  698         2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
  699  LEGALLY PROHIBITED;
  700         3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
  701  FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
  702         4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED;
  703  AND
  704         5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
  705  AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
  706  
  707         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS
  708  TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
  709  EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
  710  YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
  711  FOR ADOPTION UPON THE CHILD’S RELEASE FROM A LICENSED HOSPITAL
  712  OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
  713  IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
  714  FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
  715  BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
  716  WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
  717  SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
  718  CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
  719  BE EXECUTED. ANY MAN MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
  720  BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS
  721  VALID, BINDING, AND IRREVOCABLE AND CANNOT BE INVALIDATED
  722  WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
  723  DURESS.
  724  
  725         IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR
  726  DURESS AND YOU WISH TO INVALIDATE REVOKE THAT CONSENT, YOU MUST:
  727  
  728         1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
  729  YOU WISH TO WITHDRAW YOUR CONSENT; AND
  730         2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
  731  DURESS.
  732  
  733         This statement of rights is not required for the adoption
  734  of a relative, an adult, a stepchild, or a child older than 6
  735  months of age. A consent form for the adoption of a child older
  736  than 6 months of age at the time of the execution of consent
  737  must contain a statement outlining the revocation rights
  738  provided in paragraph (c).
  739         (6)(a) If a parent executes a consent for placement of a
  740  minor with an adoption entity or qualified prospective adoptive
  741  parents and the minor child is in the custody of the department,
  742  but parental rights have not yet been terminated, the adoption
  743  consent is valid, binding, and enforceable by the court.
  744         (b) Upon execution of the consent of the parent, the
  745  adoption entity shall be permitted to may intervene in the
  746  dependency case as a party in interest and must provide the
  747  court that acquired having jurisdiction over the minor, pursuant
  748  to the shelter or dependency petition filed by the department, a
  749  copy of the preliminary home study of the prospective adoptive
  750  parents and any other evidence of the suitability of the
  751  placement. The preliminary home study must be maintained with
  752  strictest confidentiality within the dependency court file and
  753  the department’s file. A preliminary home study must be provided
  754  to the court in all cases in which an adoption entity has
  755  intervened pursuant to this section. Unless the court has
  756  concerns regarding the qualifications of the home study
  757  provider, or concerns that the home study may not be adequate to
  758  determine the best interests of the child, the home study
  759  provided by the adoption entity shall be deemed to be sufficient
  760  and no additional home study needs to be performed by the
  761  department.
  762         (c) If an adoption entity files a motion to intervene in
  763  the dependency case in accordance with this chapter, the
  764  dependency court shall promptly grant a hearing to determine
  765  whether the adoption entity has filed the required documents to
  766  be permitted to intervene and whether a change of placement of
  767  the child is appropriate.
  768         (d)(c) Upon a determination by the court that the
  769  prospective adoptive parents are properly qualified to adopt the
  770  minor child and that the adoption appears to be in the best
  771  interests interest of the minor child, the court shall
  772  immediately order the transfer of custody of the minor child to
  773  the prospective adoptive parents, under the supervision of the
  774  adoption entity. The adoption entity shall thereafter provide
  775  monthly supervision reports to the department until finalization
  776  of the adoption. If the child has been determined to be
  777  dependent by the court, the department shall provide information
  778  to the prospective adoptive parents at the time they receive
  779  placement of the dependent child regarding approved parent
  780  training classes available within the community. The department
  781  shall file with the court an acknowledgement of the parent’s
  782  receipt of the information regarding approved parent training
  783  classes available within the community.
  784         (e)(d) In determining whether the best interests interest
  785  of the child are is served by transferring the custody of the
  786  minor child to the prospective adoptive parent selected by the
  787  parent, the court shall consider the rights of the parent to
  788  determine an appropriate placement for the child, the permanency
  789  offered, the child’s bonding with any potential adoptive home
  790  that the child has been residing in, and the importance of
  791  maintaining sibling relationships, if possible.
  792         (f) The adoption entity shall be responsible for keeping
  793  the dependency court informed of the status of the adoption
  794  proceedings at least every 90 days from the date of the order
  795  changing placement of the child until the date of finalization
  796  of the adoption.
  797         (g) In all dependency proceedings, after it is determined
  798  that reunification is not a viable alternative and prior to the
  799  filing of a petition for termination of parental rights, the
  800  court shall advise the biological parent who is a party to the
  801  case of the right to participate in a private adoption plan.
  802         (7) If a person is seeking to revoke withdraw consent for a
  803  child older than 6 months of age who has been placed with
  804  prospective adoptive parents:
  805         (a) The person seeking to revoke withdraw consent must, in
  806  accordance with paragraph (4)(c), notify the adoption entity in
  807  writing by certified mail, return receipt requested, within 3
  808  business days after execution of the consent. As used in this
  809  subsection, the term “business day” means any day on which the
  810  United States Postal Service accepts certified mail for
  811  delivery.
  812         (b) Upon receiving timely written notice from a person
  813  whose consent to adoption is required of that person’s desire to
  814  revoke withdraw consent, the adoption entity must contact the
  815  prospective adoptive parent to arrange a time certain for the
  816  adoption entity to regain physical custody of the minor, unless,
  817  upon a motion for emergency hearing by the adoption entity, the
  818  court determines in written findings that placement of the minor
  819  with the person who had legal or physical custody of the child
  820  immediately before the child was placed for adoption may
  821  endanger the minor or that the person who desires to revoke
  822  withdraw consent is not required to consent to the adoption, has
  823  been determined to have abandoned the child, or is otherwise
  824  subject to a determination that the person’s consent is waived
  825  under this chapter.
  826         (c) If the court finds that the placement may endanger the
  827  minor, the court shall enter an order continuing the placement
  828  of the minor with the prospective adoptive parents pending
  829  further proceedings if they desire continued placement. If the
  830  prospective adoptive parents do not desire continued placement,
  831  the order must include, but need not be limited to, a
  832  determination of whether temporary placement in foster care,
  833  with the person who had legal or physical custody of the child
  834  immediately before placing the child for adoption, or with a
  835  relative is in the best interests interest of the child and
  836  whether an investigation by the department is recommended.
  837         (d) If the person revoking withdrawing consent claims to be
  838  the father of the minor but has not been established to be the
  839  father by marriage, court order, or scientific testing, the
  840  court may order scientific paternity testing and reserve ruling
  841  on removal of the minor until the results of such testing have
  842  been filed with the court.
  843         (e) The adoption entity must return the minor within 3
  844  business days after timely and proper notification of the
  845  revocation withdrawal of consent or after the court determines
  846  that revocation withdrawal is timely and in accordance with the
  847  requirements of this chapter valid and binding upon
  848  consideration of an emergency motion, as filed pursuant to
  849  paragraph (b), to the physical custody of the person revoking
  850  withdrawing consent or the person directed by the court. If the
  851  person seeking to revoke withdraw consent claims to be the
  852  father of the minor but has not been established to be the
  853  father by marriage, court order, or scientific testing, the
  854  adoption entity may return the minor to the care and custody of
  855  the mother, if she desires such placement and she is not
  856  otherwise prohibited by law from having custody of the child.
  857         (f) Following the revocation period for withdrawal of
  858  consent described in paragraph (a), or the placement of the
  859  child with the prospective adoptive parents, whichever occurs
  860  later, consent may be set aside withdrawn only when the court
  861  finds that the consent was obtained by fraud or duress.
  862         (g) An affidavit of nonpaternity may be set aside withdrawn
  863  only if the court finds that the affidavit was obtained by fraud
  864  or duress.
  865         (h) If the consent of one parent is set aside or revoked in
  866  accordance with this chapter, any other consents executed by the
  867  other parent or a third party whose consent is required for the
  868  adoption of the child may not be used by the parent who consent
  869  was revoked or set aside to terminate or diminish the rights of
  870  the other parent or third party whose consent was required for
  871  the adoption of the child.
  872         Section 14. Subsection (1) and paragraph (a) of subsection
  873  (2) of section 63.085, Florida Statutes, are amended, and
  874  paragraph (c) is added to subsection (2) of that section, to
  875  read:
  876         63.085 Disclosure by adoption entity.—
  877         (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE
  878  PARENTS.—Within 14 days after a person seeking to adopt a minor
  879  or a person seeking to place a minor for adoption contacts an
  880  adoption entity in person or provides the adoption entity with a
  881  mailing address, the entity must provide a written disclosure
  882  statement to that person if the entity agrees or continues to
  883  work with the person. The adoption entity shall also provide the
  884  written disclosure to the parent who did not initiate contact
  885  with the adoption entity within 14 days after that parent is
  886  identified and located. For purposes of providing the written
  887  disclosure, a person is considered to be seeking to place a
  888  minor for adoption if that person has sought information or
  889  advice from the adoption entity regarding the option of adoptive
  890  placement. The written disclosure statement must be in
  891  substantially the following form:
  892  
  893                         ADOPTION DISCLOSURE                       
  894         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO
  895  ALL PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A
  896  MINOR FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS
  897  REGARDING ADOPTION UNDER FLORIDA LAW:
  898  
  899         1. The name, address, and telephone number of the adoption
  900  entity providing this disclosure is:
  901         Name:
  902         Address:
  903         Telephone Number:
  904         2. The adoption entity does not provide legal
  905  representation or advice to parents or anyone signing a consent
  906  for adoption or affidavit of nonpaternity, and parents have the
  907  right to consult with an attorney of their own choosing to
  908  advise them.
  909         3. With the exception of an adoption by a stepparent or
  910  relative, a child cannot be placed into a prospective adoptive
  911  home unless the prospective adoptive parents have received a
  912  favorable preliminary home study, including criminal and child
  913  abuse clearances.
  914         4. A valid consent for adoption may not be signed by the
  915  birth mother until 48 hours after the birth of the child, or the
  916  day the birth mother is notified, in writing, that she is fit
  917  for discharge from the licensed hospital or birth center. Any
  918  man may sign a valid consent for adoption at any time after the
  919  birth of the child.
  920         5. A consent for adoption signed before the child attains
  921  the age of 6 months is binding and irrevocable from the moment
  922  it is signed unless it can be proven in court that the consent
  923  was obtained by fraud or duress. A consent for adoption signed
  924  after the child attains the age of 6 months is valid from the
  925  moment it is signed; however, it may be revoked up to 3 business
  926  days after it was signed.
  927         6. A consent for adoption is not valid if the signature of
  928  the person who signed the consent was obtained by fraud or
  929  duress.
  930         7. An unmarried biological father must act immediately in
  931  order to protect his parental rights. Section 63.062, Florida
  932  Statutes, prescribes that any father seeking to establish his
  933  right to consent to the adoption of his child must file a claim
  934  of paternity with the Florida Putative Father Registry
  935  maintained by the Office of Vital Statistics of the Department
  936  of Health by the date a petition to terminate parental rights is
  937  filed with the court, or within 30 days after receiving service
  938  of a Notice of Intended Adoption Plan. If he receives a Notice
  939  of Intended Adoption Plan, he must file a claim of paternity
  940  with the Florida Putative Father Registry, file a parenting plan
  941  with the court, and provide financial support to the mother or
  942  child within 30 days following service. An unmarried biological
  943  father’s failure to timely respond to a Notice of Intended
  944  Adoption Plan constitutes an irrevocable legal waiver of any and
  945  all rights that the father may have to the child. A claim of
  946  paternity registration form for the Florida Putative Father
  947  Registry may be obtained from any local office of the Department
  948  of Health, Office of Vital Statistics, the Department of
  949  Children and Families, the Internet websites for these agencies,
  950  and the offices of the clerks of the Florida circuit courts. The
  951  claim of paternity form must be submitted to the Office of Vital
  952  Statistics, Attention: Adoption Unit, P.O. Box 210,
  953  Jacksonville, FL 32231.
  954         8. There are alternatives to adoption, including foster
  955  care, relative care, and parenting the child. There may be
  956  services and sources of financial assistance in the community
  957  available to parents if they choose to parent the child.
  958         9. A parent has the right to have a witness of his or her
  959  choice, who is unconnected with the adoption entity or the
  960  adoptive parents, to be present and witness the signing of the
  961  consent or affidavit of nonpaternity.
  962         10. A parent 14 years of age or younger must have a parent,
  963  legal guardian, or court-appointed guardian ad litem to assist
  964  and advise the parent as to the adoption plan and to witness
  965  consent.
  966         11. A parent has a right to receive supportive counseling
  967  from a counselor, social worker, physician, clergy, or attorney.
  968         12. The payment of living or medical expenses by the
  969  prospective adoptive parents before the birth of the child does
  970  not, in any way, obligate the parent to sign the consent for
  971  adoption.
  972         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
  973         (a) At the time that an adoption entity is responsible for
  974  selecting prospective adoptive parents for a born or unborn
  975  child whose parents are seeking to place the child for adoption
  976  or whose rights were terminated pursuant to chapter 39, the
  977  adoption entity must provide the prospective adoptive parents
  978  with information concerning the background of the child to the
  979  extent such information is disclosed to the adoption entity by
  980  the parents, legal custodian, or the department. This subsection
  981  applies only if the adoption entity identifies the prospective
  982  adoptive parents and supervises the physical placement of the
  983  child in the prospective adoptive parents’ home. If any
  984  information cannot be disclosed because the records custodian
  985  failed or refused to produce the background information, the
  986  adoption entity has a duty to provide the information if it
  987  becomes available. An individual or entity contacted by an
  988  adoption entity to obtain the background information must
  989  release the requested information to the adoption entity without
  990  the necessity of a subpoena or a court order. In all cases, the
  991  prospective adoptive parents must receive all available
  992  information by the date of the final hearing on the petition for
  993  adoption. The information to be disclosed includes:
  994         1. A family social and medical history form completed
  995  pursuant to s. 63.162(6).
  996         2. The biological mother’s medical records documenting her
  997  prenatal care and the birth and delivery of the child.
  998         3. A complete set of the child’s medical records
  999  documenting all medical treatment and care since the child’s
 1000  birth and before placement.
 1001         4. All mental health, psychological, and psychiatric
 1002  records, reports, and evaluations concerning the child before
 1003  placement.
 1004         5. The child’s educational records, including all records
 1005  concerning any special education needs of the child before
 1006  placement.
 1007         6. Records documenting all incidents that required the
 1008  department to provide services to the child, including all
 1009  orders of adjudication of dependency or termination of parental
 1010  rights issued pursuant to chapter 39, any case plans drafted to
 1011  address the child’s needs, all protective services
 1012  investigations identifying the child as a victim, and all
 1013  guardian ad litem reports filed with the court concerning the
 1014  child.
 1015         7. Written information concerning the availability of
 1016  adoption subsidies for the child, if applicable.
 1017         (c) If the prospective adoptive parents waive the receipt
 1018  of any of the records described in paragraph (a), a copy of the
 1019  written notification of the waiver to the adoption entity shall
 1020  be filed with the court.
 1021         Section 15. Subsection (6) of section 63.087, Florida
 1022  Statutes, is amended to read:
 1023         63.087 Proceeding to terminate parental rights pending
 1024  adoption; general provisions.—
 1025         (6) ANSWER AND APPEARANCE REQUIRED.—An answer to the
 1026  petition or any pleading requiring an answer must be filed in
 1027  accordance with the Florida Family Law Rules of Procedure.
 1028  Failure to file a written response to the petition constitutes
 1029  grounds upon which the court may terminate parental rights.
 1030  Failure to personally appear at the hearing constitutes grounds
 1031  upon which the court may terminate parental rights. Any person
 1032  present at the hearing to terminate parental rights pending
 1033  adoption whose consent to adoption is required under s. 63.062
 1034  must:
 1035         (a) Be advised by the court that he or she has a right to
 1036  ask that the hearing be reset for a later date so that the
 1037  person may consult with an attorney; and
 1038         (b) Be given an opportunity to admit or deny the
 1039  allegations in the petition.
 1040         Section 16. Subsection (4) of section 63.088, Florida
 1041  Statutes, is amended to read:
 1042         63.088 Proceeding to terminate parental rights pending
 1043  adoption; notice and service; diligent search.—
 1044         (4) REQUIRED INQUIRY.—In proceedings initiated under s.
 1045  63.087, the court shall conduct an inquiry of the person who is
 1046  placing the minor for adoption and of any relative or person
 1047  having legal custody of the minor who is present at the hearing
 1048  and likely to have the following information regarding the
 1049  identity of:
 1050         (a) Any man to whom the mother of the minor was married at
 1051  any time when conception of the minor may have occurred or at
 1052  the time of the birth of the minor;
 1053         (b) Any man who has filed an affidavit of paternity
 1054  pursuant to s. 382.013(2)(c) before the date that a petition for
 1055  termination of parental rights is filed with the court;
 1056         (c) Any man who has adopted the minor;
 1057         (d) Any man who has been adjudicated by a court as the
 1058  father of the minor child before the date a petition for
 1059  termination of parental rights is filed with the court; and
 1060         (e) Any man whom the mother identified to the adoption
 1061  entity as a potential biological father before the date she
 1062  signed the consent for adoption.
 1063  
 1064  The information sought under this subsection may be provided to
 1065  the court in the form of a sworn affidavit by a person having
 1066  personal knowledge of the facts, addressing each inquiry
 1067  enumerated in this subsection, except that, if the inquiry
 1068  identifies a father under paragraph (a), paragraph (b), or
 1069  paragraph (c), or paragraph (d), the inquiry may not continue
 1070  further. The inquiry required under this subsection may be
 1071  conducted before the birth of the minor.
 1072         Section 17. Paragraph (d) of subsection (3) and subsections
 1073  (4), (5), and (7) of section 63.089, Florida Statutes, are
 1074  amended to read:
 1075         63.089 Proceeding to terminate parental rights pending
 1076  adoption; hearing; grounds; dismissal of petition; judgment.—
 1077         (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
 1078  ADOPTION.—The court may enter a judgment terminating parental
 1079  rights pending adoption if the court determines by clear and
 1080  convincing evidence, supported by written findings of fact, that
 1081  each person whose consent to adoption is required under s.
 1082  63.062:
 1083         (d) Has been properly served notice of the proceeding in
 1084  accordance with the requirements of this chapter and has failed
 1085  to file a written answer or personally appear at the evidentiary
 1086  hearing resulting in the judgment terminating parental rights
 1087  pending adoption;
 1088         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 1089  resulting in a termination of parental rights must be based upon
 1090  clear and convincing evidence that a parent or person having
 1091  legal custody has abandoned the child in accordance with the
 1092  definition contained in s. 63.032. A finding of abandonment may
 1093  also be based upon emotional abuse or a refusal to provide
 1094  reasonable financial support, when able, to a birth mother
 1095  during her pregnancy or on whether the person alleged to have
 1096  abandoned the child, while being able, failed to establish
 1097  contact with the child or accept responsibility for the child’s
 1098  welfare.
 1099         (a) In making a determination of abandonment at a hearing
 1100  for termination of parental rights under this chapter, the court
 1101  shall consider, among other relevant factors not inconsistent
 1102  with this section:
 1103         1. Whether the actions alleged to constitute abandonment
 1104  demonstrate a willful disregard for the safety or welfare of the
 1105  child or the unborn child;
 1106         2. Whether the person alleged to have abandoned the child,
 1107  while being able, failed to provide financial support;
 1108         3. Whether the person alleged to have abandoned the child,
 1109  while being able, failed to pay for medical treatment; and
 1110         4. Whether the amount of support provided or medical
 1111  expenses paid was appropriate, taking into consideration the
 1112  needs of the child and relative means and resources available to
 1113  the person alleged to have abandoned the child.
 1114         (b) The child has been abandoned when the parent of a child
 1115  is incarcerated on or after October 1, 2001, in a federal,
 1116  state, or county correctional institution and:
 1117         1. The period of time for which the parent has been or is
 1118  expected to be incarcerated will constitute a significant
 1119  portion of the child’s minority. In determining whether the
 1120  period of time is significant, the court shall consider the
 1121  child’s age and the child’s need for a permanent and stable
 1122  home. The period of time begins on the date that the parent
 1123  enters into incarceration;
 1124         2. The incarcerated parent has been determined by a court
 1125  of competent jurisdiction to be a violent career criminal as
 1126  defined in s. 775.084, a habitual violent felony offender as
 1127  defined in s. 775.084, convicted of child abuse as defined in s.
 1128  827.03, or a sexual predator as defined in s. 775.21; has been
 1129  convicted of first degree or second degree murder in violation
 1130  of s. 782.04 or a sexual battery that constitutes a capital,
 1131  life, or first degree felony violation of s. 794.011; or has
 1132  been convicted of a substantially similar offense in another
 1133  jurisdiction. As used in this section, the term “substantially
 1134  similar offense” means any offense that is substantially similar
 1135  in elements and penalties to one of those listed in this
 1136  subparagraph, and that is in violation of a law of any other
 1137  jurisdiction, whether that of another state, the District of
 1138  Columbia, the United States or any possession or territory
 1139  thereof, or any foreign jurisdiction; or
 1140         3. The court determines by clear and convincing evidence
 1141  that continuing the parental relationship with the incarcerated
 1142  parent would be harmful to the child and, for this reason,
 1143  termination of the parental rights of the incarcerated parent is
 1144  in the best interests interest of the child.
 1145         (5) DISMISSAL OF PETITION.—If the court does not find by
 1146  clear and convincing evidence that parental rights of a parent
 1147  should be terminated pending adoption, the court must dismiss
 1148  the petition and that parent’s parental rights that were the
 1149  subject of such petition shall remain in full force under the
 1150  law. The order must include written findings in support of the
 1151  dismissal, including findings as to the criteria in subsection
 1152  (4) if rejecting a claim of abandonment.
 1153         (a) Parental rights may not be terminated based upon a
 1154  consent that the court finds has been timely revoked withdrawn
 1155  under s. 63.082 or a consent to adoption or affidavit of
 1156  nonpaternity that the court finds was obtained by fraud or
 1157  duress.
 1158         (b) The court must enter an order based upon written
 1159  findings providing for the placement of the minor, but the court
 1160  may not proceed to determine custody between competing eligible
 1161  parties. The placement of the child should revert to the parent
 1162  or guardian who had physical custody of the child at the time of
 1163  the placement for adoption unless the court determines upon
 1164  clear and convincing evidence that this placement is not in the
 1165  best interests of the child or is not an available option for
 1166  the child. The court may not change the placement of a child who
 1167  has established a bonded relationship with the current caregiver
 1168  without providing for a reasonable transition plan consistent
 1169  with the best interests of the child. The court may direct the
 1170  parties to participate in a reunification or unification plan
 1171  with a qualified professional to assist the child in the
 1172  transition. The court may order scientific testing to determine
 1173  the paternity of the minor only if the court has determined that
 1174  the consent of the alleged father would be required, unless all
 1175  parties agree that such testing is in the best interests of the
 1176  child. The court may not order scientific testing to determine
 1177  paternity of an unmarried biological father if the child has a
 1178  father as described in s. 63.088(4)(a)-(d) whose rights have not
 1179  been previously terminated at any time during which the court
 1180  has jurisdiction over the minor. Further proceedings, if any,
 1181  regarding the minor must be brought in a separate custody action
 1182  under chapter 61, a dependency action under chapter 39, or a
 1183  paternity action under chapter 742.
 1184         (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.—
 1185         (a) A motion for relief from a judgment terminating
 1186  parental rights must be filed with the court originally entering
 1187  the judgment. The motion must be filed within a reasonable time,
 1188  but not later than 1 year after the entry of the judgment. An
 1189  unmarried biological father does not have standing to seek
 1190  relief from a judgment terminating parental rights if the mother
 1191  did not identify him to the adoption entity before the date she
 1192  signed a consent for adoption or if he was not located because
 1193  the mother failed or refused to provide sufficient information
 1194  to locate him.
 1195         (b) No later than 30 days after the filing of a motion
 1196  under this subsection, the court must conduct a preliminary
 1197  hearing to determine what contact, if any, shall be permitted
 1198  between a parent and the child pending resolution of the motion.
 1199  Such contact shall be considered only if it is requested by a
 1200  parent who has appeared at the hearing and may not be awarded
 1201  unless the parent previously established a bonded relationship
 1202  with the child and the parent has pled a legitimate legal basis
 1203  and established a prima facia case for setting aside the
 1204  judgment terminating parental rights. If the court orders
 1205  contact between a parent and child, the order must be issued in
 1206  writing as expeditiously as possible and must state with
 1207  specificity any provisions regarding contact with persons other
 1208  than those with whom the child resides.
 1209         (c) At the preliminary hearing, the court, upon the motion
 1210  of any party or upon its own motion, may order scientific
 1211  testing to determine the paternity of the minor if the person
 1212  seeking to set aside the judgment is alleging to be the child’s
 1213  father and that fact has not previously been determined by
 1214  legitimacy or scientific testing. The court may order visitation
 1215  with a person for whom scientific testing for paternity has been
 1216  ordered and who has previously established a bonded relationship
 1217  with the child.
 1218         (d) Unless otherwise agreed between the parties or for good
 1219  cause shown, the court shall conduct a final hearing on the
 1220  motion for relief from judgment within 45 days after the filing
 1221  and enter its written order as expeditiously as possible
 1222  thereafter.
 1223         (e) If the court grants relief from the judgment
 1224  terminating parental rights and no new pleading is filed to
 1225  terminate parental rights, the placement of the child should
 1226  revert to the parent or guardian who had physical custody of the
 1227  child at the time of the original placement for adoption unless
 1228  the court determines upon clear and convincing evidence that
 1229  this placement is not in the best interests of the child or is
 1230  not an available option for the child. The court may not change
 1231  the placement of a child who has established a bonded
 1232  relationship with the current caregiver without providing for a
 1233  reasonable transition plan consistent with the best interests of
 1234  the child. The court may direct the parties to participate in a
 1235  reunification or unification plan with a qualified professional
 1236  to assist the child in the transition. The court may not direct
 1237  the placement of a child with a person other than the adoptive
 1238  parents without first obtaining a favorable home study of that
 1239  person and any other persons residing in the proposed home and
 1240  shall take whatever additional steps are necessary and
 1241  appropriate for the physical and emotional protection of the
 1242  child.
 1243         Section 18. Subsection (3) of section 63.092, Florida
 1244  Statutes, is amended to read:
 1245         63.092 Report to the court of intended placement by an
 1246  adoption entity; at-risk placement; preliminary study.—
 1247         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 1248  intended adoptive home, a preliminary home study must be
 1249  performed by a licensed child-placing agency, a child-caring
 1250  agency registered under s. 409.176, a licensed professional, or
 1251  agency described in s. 61.20(2), unless the adoptee is an adult
 1252  or the petitioner is a stepparent or a relative. If the adoptee
 1253  is an adult or the petitioner is a stepparent or a relative, a
 1254  preliminary home study may be required by the court for good
 1255  cause shown. The department is required to perform the
 1256  preliminary home study only if there is no licensed child
 1257  placing agency, child-caring agency registered under s. 409.176,
 1258  licensed professional, or agency described in s. 61.20(2), in
 1259  the county where the prospective adoptive parents reside. The
 1260  preliminary home study must be made to determine the suitability
 1261  of the intended adoptive parents and may be completed prior to
 1262  identification of a prospective adoptive minor. A favorable
 1263  preliminary home study is valid for 1 year after the date of its
 1264  completion. Upon its completion, a signed copy of the home study
 1265  must be provided to the intended adoptive parents who were the
 1266  subject of the home study. A minor may not be placed in an
 1267  intended adoptive home before a favorable preliminary home study
 1268  is completed unless the adoptive home is also a licensed foster
 1269  home under s. 409.175. The preliminary home study must include,
 1270  at a minimum:
 1271         (a) An interview with the intended adoptive parents;
 1272         (b) Records checks of the department’s central abuse
 1273  registry and criminal records correspondence checks under s.
 1274  39.0138 through the Department of Law Enforcement on the
 1275  intended adoptive parents;
 1276         (c) An assessment of the physical environment of the home;
 1277         (d) A determination of the financial security of the
 1278  intended adoptive parents;
 1279         (e) Documentation of counseling and education of the
 1280  intended adoptive parents on adoptive parenting;
 1281         (f) Documentation that information on adoption and the
 1282  adoption process has been provided to the intended adoptive
 1283  parents;
 1284         (g) Documentation that information on support services
 1285  available in the community has been provided to the intended
 1286  adoptive parents; and
 1287         (h) A copy of each signed acknowledgment of receipt of
 1288  disclosure required by s. 63.085.
 1289         If the preliminary home study is favorable, a minor may be
 1290  placed in the home pending entry of the judgment of adoption. A
 1291  minor may not be placed in the home if the preliminary home
 1292  study is unfavorable. If the preliminary home study is
 1293  unfavorable, the adoption entity may, within 20 days after
 1294  receipt of a copy of the written recommendation, petition the
 1295  court to determine the suitability of the intended adoptive
 1296  home. A determination as to suitability under this subsection
 1297  does not act as a presumption of suitability at the final
 1298  hearing. In determining the suitability of the intended adoptive
 1299  home, the court must consider the totality of the circumstances
 1300  in the home. A No minor may not be placed in a home in which
 1301  there resides any person determined by the court to be a sexual
 1302  predator as defined in s. 775.21 or to have been convicted of an
 1303  offense listed in s. 63.089(4)(b)2.
 1304         Section 19. Section 63.152, Florida Statutes, is amended to
 1305  read:
 1306         63.152 Application for new birth record.—Within 30 days
 1307  after entry of a judgment of adoption, the clerk of the court or
 1308  the adoption entity shall transmit a certified statement of the
 1309  entry to the state registrar of vital statistics on a form
 1310  provided by the registrar. A new birth record containing the
 1311  necessary information supplied by the certificate shall be
 1312  issued by the registrar on application of the adopting parents
 1313  or the adopted person.
 1314         Section 20. Subsection (7) of section 63.162, Florida
 1315  Statutes, is amended to read:
 1316         63.162 Hearings and records in adoption proceedings;
 1317  confidential nature.—
 1318         (7) The court may, upon petition of an adult adoptee or
 1319  birth parent, for good cause shown, appoint an intermediary or a
 1320  licensed child-placing agency to contact a birth parent or adult
 1321  adoptee, as applicable, who has not registered with the adoption
 1322  registry pursuant to s. 63.165 and advise both them of the
 1323  availability of the intermediary or agency and that the birth
 1324  parent or adult adoptee, as applicable, wishes to establish
 1325  contact same.
 1326         Section 21. Paragraph (c) of subsection (2) of section
 1327  63.167, Florida Statutes, is amended to read:
 1328         63.167 State adoption information center.—
 1329         (2) The functions of the state adoption information center
 1330  shall include:
 1331         (c) Operating a toll-free telephone number to provide
 1332  information and referral services. The state adoption
 1333  information center shall provide contact information for all
 1334  adoption entities in the caller’s county or, if no adoption
 1335  entities are located in the caller’s county, the number of the
 1336  nearest adoption entity when contacted for a referral to make an
 1337  adoption plan and shall rotate the order in which the names of
 1338  adoption entities are provided to callers.
 1339         Section 22. Subsection (1) of section 63.202, Florida
 1340  Statutes, is amended to read:
 1341         63.202 Authority to license; adoption of rules.—
 1342         (1) The Department of Children and Family Services is
 1343  authorized and empowered to license child placement welfare
 1344  agencies that it determines to be qualified to place minors for
 1345  adoption.
 1346         Section 23. Paragraph (g) of subsection (1) and subsections
 1347  (2) and (8) of section 63.212, Florida Statutes, are amended to
 1348  read:
 1349         63.212 Prohibited acts; penalties for violation.—
 1350         (1) It is unlawful for any person:
 1351         (g) Except an adoption entity, to advertise or offer to the
 1352  public, in any way, by any medium whatever that a minor is
 1353  available for adoption or that a minor is sought for adoption;
 1354  and, further, it is unlawful for any person to publish or
 1355  broadcast any such advertisement or assist an unlicensed person
 1356  or entity in publishing or broadcasting any such advertisement
 1357  without including a Florida license number of the agency or
 1358  attorney placing the advertisement.
 1359         1. Only a person who is an attorney licensed to practice
 1360  law in this state or an adoption entity licensed under the laws
 1361  of this state may place a paid advertisement or paid listing of
 1362  the person’s telephone number, on the person’s own behalf, in a
 1363  telephone directory that:
 1364         a. A child is offered or wanted for adoption; or
 1365         b. The person is able to place, locate, or receive a child
 1366  for adoption.
 1367         2. A person who publishes a telephone directory that is
 1368  distributed in this state:
 1369         a. Shall include, at the beginning of any classified
 1370  heading for adoption and adoption services, a statement that
 1371  informs directory users that only attorneys licensed to practice
 1372  law in this state and licensed adoption entities may legally
 1373  provide adoption services under state law.
 1374         b. May publish an advertisement described in subparagraph
 1375  1. in the telephone directory only if the advertisement contains
 1376  the following:
 1377         (I) For an attorney licensed to practice law in this state,
 1378  the person’s Florida Bar number.
 1379         (II) For a child placing agency licensed under the laws of
 1380  this state, the number on the person’s adoption entity license.
 1381         (2) Any person who is a birth mother, or a woman who holds
 1382  herself out to be a birth mother, who is interested in making an
 1383  adoption plan and who knowingly or intentionally benefits from
 1384  the payment of adoption-related expenses in connection with that
 1385  adoption plan commits adoption deception if:
 1386         (a) The person knows or should have known that the person
 1387  is not pregnant at the time the sums were requested or received;
 1388         (b) The person accepts living expenses assistance from a
 1389  prospective adoptive parent or adoption entity without
 1390  disclosing that she is receiving living expenses assistance from
 1391  another prospective adoptive parent or adoption entity at the
 1392  same time in an effort to adopt the same child; or
 1393         (c) The person knowingly makes false representations to
 1394  induce the payment of living expenses and does not intend to
 1395  make an adoptive placement. It is unlawful for:
 1396         (a) Any person or adoption entity under this chapter to:
 1397         1. Knowingly provide false information; or
 1398         2. Knowingly withhold material information.
 1399         (b) A parent, with the intent to defraud, to accept
 1400  benefits related to the same pregnancy from more than one
 1401  adoption entity without disclosing that fact to each entity.
 1402  
 1403  Any person who willfully commits adoption deception violates any
 1404  provision of this subsection commits a misdemeanor of the second
 1405  degree, punishable as provided in s. 775.082 or s. 775.083, if
 1406  the sums received by the birth mother or woman holding herself
 1407  out to be a birth mother do not exceed $300, and a felony of the
 1408  third degree, punishable as provided in s. 775.082, s. 775.083,
 1409  or s. 775.084, if the sums received by the birth mother or woman
 1410  holding herself out to be a birth mother exceed $300. In
 1411  addition, the person is liable for damages caused by such acts
 1412  or omissions, including reasonable attorney attorney’s fees and
 1413  costs incurred by the adoption entity or the prospective
 1414  adoptive parent. Damages may be awarded through restitution in
 1415  any related criminal prosecution or by filing a separate civil
 1416  action.
 1417         (8) Unless otherwise indicated, a person who willfully and
 1418  with criminal intent violates any provision of this section,
 1419  excluding paragraph (1)(g), commits a felony of the third
 1420  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1421  775.084. A person who willfully and with criminal intent
 1422  violates paragraph (1)(g) commits a misdemeanor of the second
 1423  degree, punishable as provided in s. 775.083; and each day of
 1424  continuing violation shall be considered a separate offense. In
 1425  addition, any person who knowingly publishes or assists with the
 1426  publication of any advertisement or other publication which
 1427  violates the requirements of paragraph (1)(g) commits a
 1428  misdemeanor of the second degree, punishable as provided in s.
 1429  775.083, and may be required to pay a fine of up to $150 per day
 1430  for each day of continuing violation.
 1431         Section 24. Paragraph (b) of subsection (1), paragraphs (a)
 1432  and (e) of subsection (2), and paragraphs (b), (h), and (i) of
 1433  subsection (6) of section 63.213, Florida Statutes, are amended
 1434  to read:
 1435         63.213 Preplanned adoption agreement.—
 1436         (1) Individuals may enter into a preplanned adoption
 1437  arrangement as specified in this section, but such arrangement
 1438  may not in any way:
 1439         (b) Constitute consent of a mother to place her biological
 1440  child for adoption until 48 hours after the following birth of
 1441  the child and unless the court making the custody determination
 1442  or approving the adoption determines that the mother was aware
 1443  of her right to rescind within the 48-hour period after the
 1444  following birth of the child but chose not to rescind such
 1445  consent. The volunteer mother’s right to rescind her consent in
 1446  a preplanned adoption applies only when the child is genetically
 1447  related to her.
 1448         (2) A preplanned adoption agreement must include, but need
 1449  not be limited to, the following terms:
 1450         (a) That the volunteer mother agrees to become pregnant by
 1451  the fertility technique specified in the agreement, to bear the
 1452  child, and to terminate any parental rights and responsibilities
 1453  to the child she might have through a written consent executed
 1454  at the same time as the preplanned adoption agreement, subject
 1455  to a right of rescission by the volunteer mother any time within
 1456  48 hours after the birth of the child, if the volunteer mother
 1457  is genetically related to the child.
 1458         (e) That the intended father and intended mother
 1459  acknowledge that they may not receive custody or the parental
 1460  rights under the agreement if the volunteer mother terminates
 1461  the agreement or if the volunteer mother rescinds her consent to
 1462  place her child for adoption within 48 hours after the birth of
 1463  the child, if the volunteer mother is genetically related to the
 1464  child.
 1465         (6) As used in this section, the term:
 1466         (b) “Child” means the child or children conceived by means
 1467  of a fertility technique an insemination that is part of a
 1468  preplanned adoption arrangement.
 1469         (h) “Preplanned adoption arrangement” means the arrangement
 1470  through which the parties enter into an agreement for the
 1471  volunteer mother to bear the child, for payment by the intended
 1472  father and intended mother of the expenses allowed by this
 1473  section, for the intended father and intended mother to assert
 1474  full parental rights and responsibilities to the child if
 1475  consent to adoption is not rescinded after birth by a the
 1476  volunteer mother who is genetically related to the child, and
 1477  for the volunteer mother to terminate, subject to any a right of
 1478  rescission, all her parental rights and responsibilities to the
 1479  child in favor of the intended father and intended mother.
 1480         (i) “Volunteer mother” means a female at least 18 years of
 1481  age who voluntarily agrees, subject to a right of rescission if
 1482  it is her biological child, that if she should become pregnant
 1483  pursuant to a preplanned adoption arrangement, she will
 1484  terminate her parental rights and responsibilities to the child
 1485  in favor of the intended father and intended mother.
 1486         Section 25. Section 63.222, Florida Statutes, is amended to
 1487  read:
 1488         63.222 Effect on prior adoption proceedings.—Any adoption
 1489  made before July 1, 2012, is the effective date of this act
 1490  shall be valid, and any proceedings pending on that the
 1491  effective date and any subsequent amendments thereto of this act
 1492  are not affected thereby unless the amendment is designated as a
 1493  remedial provision.
 1494         Section 26. Section 63.2325, Florida Statutes, is amended
 1495  to read:
 1496         63.2325 Conditions for invalidation revocation of a consent
 1497  to adoption or affidavit of nonpaternity.—Notwithstanding the
 1498  requirements of this chapter, a failure to meet any of those
 1499  requirements does not constitute grounds for invalidation
 1500  revocation of a consent to adoption or revocation withdrawal of
 1501  an affidavit of nonpaternity unless the extent and circumstances
 1502  of such a failure result in a material failure of fundamental
 1503  fairness in the administration of due process, or the failure
 1504  constitutes or contributes to fraud or duress in obtaining a
 1505  consent to adoption or affidavit of nonpaternity.
 1506         Section 27. This act shall take effect July 1, 2012.
 1507  
 1508  ================= T I T L E A M E N D M E N T ================
 1509         And the title is amended as follows:
 1510         Delete everything before the enacting clause
 1511  and insert:
 1512                        A bill to be entitled                      
 1513         An act relating to adoption; amending s. 39.802, F.S.;
 1514         requiring the Department of Children and Family
 1515         Services to inform the parents of a child of the
 1516         availability of private placement of the child with an
 1517         adoption entity in certain circumstances; amending s.
 1518         63.022, F.S.; revising legislative intent to delete
 1519         reference to reporting requirements for placements of
 1520         minors and exceptions; amending s. 63.032, F.S.;
 1521         revising definitions; amending s. 63.037, F.S.;
 1522         exempting adoption proceedings initiated under chapter
 1523         39, F.S., from a requirement for a search of the
 1524         Florida Putative Father Registry; amending s. 63.039,
 1525         F.S.; providing that all adoptions of minor children
 1526         require the use of an adoption entity that will assume
 1527         the responsibilities provided in specified provisions;
 1528         providing an exception; amending s. 63.0423, F.S.;
 1529         revising procedures with respect to surrendered
 1530         infants; providing that an infant who tests positive
 1531         for illegal drugs, narcotic prescription drugs,
 1532         alcohol, or other substances, but shows no other signs
 1533         of child abuse or neglect, shall be placed in the
 1534         custody of a licensed child-placing agency; providing
 1535         that a specified reporting requirement is not
 1536         superseded; providing that when the Department of
 1537         Children and Family Services is contacted regarding a
 1538         surrendered infant who does not appear to have been
 1539         the victim of actual or suspected child abuse or
 1540         neglect, it shall provide instruction to contact a
 1541         licensed child-placing agency and may not take custody
 1542         of the infant; providing an exception; revising
 1543         provisions relating to scientific testing to determine
 1544         the paternity or maternity of a minor; amending s.
 1545         63.0427, F.S.; prohibiting a court from increasing
 1546         contact between an adopted child and siblings, birth
 1547         parents, or other relatives without the consent of the
 1548         adoptive parent or parents; amending s. 63.052, F.S.;
 1549         deleting a requirement that a minor be permanently
 1550         committed to an adoption entity in order for the
 1551         entity to be guardian of the person of the minor;
 1552         limiting the circumstances in which an intermediary
 1553         may remove a child; providing that an intermediary
 1554         does not become responsible for a minor child’s
 1555         medical bills that were incurred before taking
 1556         physical custody of the child; providing additional
 1557         placement options for a minor surrendered to an
 1558         adoption entity for subsequent adoption when a
 1559         suitable prospective adoptive home is not available;
 1560         amending s. 63.053, F.S.; requiring that an unmarried
 1561         biological father strictly comply with specified
 1562         provisions in order to protect his interests; amending
 1563         s. 63.054, F.S.; authorizing submission of an
 1564         alternative document to the Office of Vital Statistics
 1565         by the petitioner in each proceeding for termination
 1566         of parental rights; providing that by filing a claim
 1567         of paternity form the registrant expressly consents to
 1568         paying for DNA testing; requiring that an alternative
 1569         address designated by a registrant be a physical
 1570         address; providing that the filing of a claim of
 1571         paternity with the Florida Putative Father Registry
 1572         does not relieve a person from compliance with
 1573         specified requirements; amending s. 63.062, F.S.;
 1574         revising requirements for when a minor’s father must
 1575         be served prior to termination of parental rights;
 1576         requiring that an unmarried biological father comply
 1577         with specified requirements in order for his consent
 1578         to be required for adoption; revising such
 1579         requirements; providing that the mere fact that a
 1580         father expresses a desire to fulfill his
 1581         responsibilities towards his child which is
 1582         unsupported by acts evidencing this intent does not
 1583         meet the requirements; providing for the sufficiency
 1584         of an affidavit of nonpaternity; providing an
 1585         exception to a condition to a petition to adopt an
 1586         adult; amending s. 63.063, F.S.; conforming
 1587         terminology; amending s. 63.082, F.S.; revising
 1588         language concerning applicability of notice and
 1589         consent provisions in cases in which the child is
 1590         conceived as a result of a violation of criminal law;
 1591         requiring notice to be provided to the father of a
 1592         child alleged to be conceived as a result of a
 1593         violation of criminal law if charges are not filed;
 1594         providing that a criminal conviction is not required
 1595         for the court to find that the child was conceived as
 1596         a result of a violation of criminal law; requiring an
 1597         affidavit of diligent search to be filed whenever a
 1598         person who is required to consent is unavailable
 1599         because the person cannot be located; providing that
 1600         in an adoption of a stepchild or a relative, a
 1601         certified copy of the death certificate of the person
 1602         whose consent is required may be attached to the
 1603         petition for adoption if a separate petition for
 1604         termination of parental rights is not being filed;
 1605         authorizing the execution of an affidavit of
 1606         nonpaternity before the birth of a minor in preplanned
 1607         adoptions; revising language of a consent to adoption;
 1608         providing that a home study provided by the adoption
 1609         entity shall be deemed to be sufficient except in
 1610         certain circumstances; providing for a hearing if an
 1611         adoption entity moves to intervene in a dependency
 1612         case; requiring the court to provide information to
 1613         prospective adoptive parents regarding parent training
 1614         classes in the community upon determining the child
 1615         dependent; requiring the department to file an
 1616         acknowledgement of receipt of information; requiring
 1617         the adoption entity to provide updates to the court at
 1618         specified intervals; requiring the court to advise a
 1619         biological parent who is a party to a dependency
 1620         proceeding of the right to participate in a private
 1621         adoption; revising language concerning seeking to
 1622         revoke consent to an adoption of a child older than 6
 1623         months of age; providing that if the consent of one
 1624         parent is set aside or revoked, any other consents
 1625         executed by the other parent or a third party whose
 1626         consent is required for the adoption of the child may
 1627         not be used by the parent who consent was revoked or
 1628         set aside to terminate or diminish the rights of the
 1629         other parent or third party; amending s. 63.085, F.S.;
 1630         revising language of an adoption disclosure statement;
 1631         requiring that a copy of a waiver by prospective
 1632         adoptive parents of receipt of certain records must be
 1633         filed with the court; amending s. 63.087, F.S.;
 1634         specifying that a failure to personally appear at a
 1635         proceeding to terminate parental rights constitutes
 1636         grounds for termination; amending s. 63.088, F.S.;
 1637         providing that in a termination of parental rights
 1638         proceeding if a required inquiry that identifies a
 1639         father who has been adjudicated by a court as the
 1640         father of the minor child before the date a petition
 1641         for termination of parental rights is filed the
 1642         inquiry must terminate at that point; amending s.
 1643         63.089, F.S.; specifying that it is a failure to
 1644         personally appear that provides grounds for
 1645         termination of parental rights in certain
 1646         circumstances; providing additional grounds upon which
 1647         a finding of abandonment may be made; revising
 1648         provisions relating to dismissal of petitions to
 1649         terminate parental rights; providing that contact
 1650         between a parent seeking relief from a judgment
 1651         terminating parental rights and a child may be awarded
 1652         only in certain circumstances; providing for placement
 1653         of a child in the event that a court grants relief
 1654         from a judgment terminating parental rights and no new
 1655         pleading is filed to terminate parental rights;
 1656         amending s. 63.092, F.S.; requiring that a signed copy
 1657         of the home study must be provided to the intended
 1658         adoptive parents who were the subject of the study;
 1659         amending s. 63.152, F.S.; authorizing an adoption
 1660         entity to transmit a certified statement of the entry
 1661         of a judgment of adoption to the state registrar of
 1662         vital statistics; amending s. 63.162, F.S.;
 1663         authorizing a birth parent to petition that court to
 1664         appoint an intermediary or a licensed child-placing
 1665         agency to contact an adult adoptee and advise both of
 1666         the availability of the adoption registry and that the
 1667         birth parent wishes to establish contact; amending s.
 1668         63.167, F.S.; requiring that the state adoption center
 1669         provide contact information for all adoption entities
 1670         in a caller’s county or, if no adoption entities are
 1671         located in the caller’s county, the number of the
 1672         nearest adoption entity when contacted for a referral
 1673         to make an adoption plan; amending s. 63.202, F.S.;
 1674         revising terminology in provisions relating to
 1675         licensing by the department; amending s. 63.212, F.S.;
 1676         restricting who may place a paid advertisement or paid
 1677         listing of the person’s telephone number offering
 1678         certain adoption services; requiring of publishers of
 1679         telephone directories to include certain statements at
 1680         the beginning of any classified heading for adoption
 1681         and adoption services; providing requirements for such
 1682         advertisements; providing criminal penalties for
 1683         violations; prohibiting the offense of adoption
 1684         deception by a person who is a birth mother or a woman
 1685         who holds herself out to be a birth mother; providing
 1686         criminal penalties; providing liability by violators
 1687         for certain damages; amending s. 63.213, F.S.;
 1688         providing that a preplanned adoption arrangement does
 1689         not constitute consent of a mother to place her
 1690         biological child for adoption until 48 hours following
 1691         birth; providing that a volunteer mother’s right to
 1692         rescind her consent in a preplanned adoption applies
 1693         only when the child is genetically related to her;
 1694         revising the definitions of the terms “child,”
 1695         “preplanned adoption arrangement,” and “volunteer
 1696         mother”; amending s. 63.222, F.S.; providing that
 1697         provisions designated as remedial may apply to any
 1698         proceedings pending on the effective date of the
 1699         provisions; amending s. 63.2325, F.S.; revising
 1700         terminology relating to revocation of consent to
 1701         adoption; providing an effective date.