Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1874
       
       
       
       
       
       
                                Barcode 895908                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2012           .                                
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       The Committee on Children, Families, and Elder Affairs (Storms)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (e) through (m) of subsection
    6  (4) of section 63.022, Florida Statutes, are redesignated as
    7  paragraphs (d) through (l), respectively, and subsection (2) and
    8  present paragraph (d) of subsection (4) of that section are
    9  amended to read:
   10         63.022 Legislative intent.—
   11         (2) It is the intent of the Legislature that in every
   12  adoption, the best interest of the child should govern and be of
   13  foremost concern in the court’s determination. The court shall
   14  make a specific finding as to the best interests interest of the
   15  child in accordance with the provisions of this chapter.
   16         (4) The basic safeguards intended to be provided by this
   17  chapter are that:
   18         (d) All placements of minors for adoption are reported to
   19  the Department of Children and Family Services, except relative,
   20  adult, and stepparent adoptions.
   21         Section 2. Subsections (1), (3), (12), (17), and (19) of
   22  section 63.032, Florida Statutes, are amended to read:
   23         63.032 Definitions.—As used in this chapter, the term:
   24         (1) “Abandoned” means a situation in which the parent or
   25  person having legal custody of a child, while being able, makes
   26  little or no provision for the child’s support or and makes
   27  little or no effort to communicate with the child, which
   28  situation is sufficient to evince an intent to reject parental
   29  responsibilities. If, in the opinion of the court, the efforts
   30  of such parent or person having legal custody of the child to
   31  support and communicate with the child are only marginal efforts
   32  that do not evince a settled purpose to assume all parental
   33  duties, the court may declare the child to be abandoned. In
   34  making this decision, the court may consider the conduct of a
   35  father towards the child’s mother during her pregnancy.
   36         (3) “Adoption entity” means the department, an agency, a
   37  child-caring agency registered under s. 409.176, an
   38  intermediary, a Florida-licensed child-placing agency, or a
   39  child-placing agency licensed in another state which is
   40  qualified by the department to place children in the State of
   41  Florida.
   42         (12) “Parent” means a woman who gives birth to a child and
   43  who is not a gestational surrogate as defined in s. 742.13 or a
   44  man whose consent to the adoption of the child would be required
   45  under s. 63.062(1). If a child has been legally adopted, the
   46  term “parent” means the adoptive mother or father of the child.
   47  The term does not include an individual whose parental
   48  relationship to the child has been legally terminated or an
   49  alleged or prospective parent.
   50         (17) “Suitability of the intended placement” means the
   51  fitness of the intended placement, with primary consideration
   52  being given to the best interests interest of the child.
   53         (19) “Unmarried biological father” means the child’s
   54  biological father who is not married to the child’s mother at
   55  the time of conception or on the date of the birth of the child
   56  and who, before the filing of a petition to terminate parental
   57  rights, has not been adjudicated by a court of competent
   58  jurisdiction to be the legal father of the child or has not
   59  filed executed an affidavit pursuant to s. 382.013(2)(c).
   60         Section 3. Section 63.037, Florida Statutes, is amended to
   61  read:
   62         63.037 Proceedings applicable to cases resulting from a
   63  termination of parental rights under chapter 39.—A case in which
   64  a minor becomes available for adoption after the parental rights
   65  of each parent have been terminated by a judgment entered
   66  pursuant to chapter 39 shall be governed by s. 39.812 and this
   67  chapter. Adoption proceedings initiated under chapter 39 are
   68  exempt from the following provisions of this chapter:
   69  requirement for search of the Florida Putative Father Registry
   70  provided in s. 63.054(7), if a search was previously completed
   71  and documentation of the search is contained in the case file;
   72  disclosure requirements for the adoption entity provided in s.
   73  63.085(1); general provisions governing termination of parental
   74  rights pending adoption provided in s. 63.087; notice and
   75  service provisions governing termination of parental rights
   76  pending adoption provided in s. 63.088; and procedures for
   77  terminating parental rights pending adoption provided in s.
   78  63.089.
   79         Section 4. Subsections (2) through (4) of section 63.039,
   80  Florida Statutes, are renumbered as subsections (3) through (5),
   81  respectively, and a new subsection (2) is added to that section
   82  to read:
   83         63.039 Duty of adoption entity to prospective adoptive
   84  parents; sanctions.—
   85         (2) With the exception of an adoption by a relative or
   86  stepparent, all adoptions of minor children require the use of
   87  an adoption entity that will assume the responsibilities
   88  provided in this section.
   89         Section 5. Paragraph (c) of subsection (2) of section
   90  63.042, Florida Statutes, is amended to read:
   91         63.042 Who may be adopted; who may adopt.—
   92         (2) The following persons may adopt:
   93         (c) A married person without his or her the other spouse
   94  joining as a petitioner, if the person to be adopted is not his
   95  or her spouse, and if:
   96         1. His or her The other spouse is a parent of the person to
   97  be adopted and consents to the adoption; or
   98         2. The failure of his or her the other spouse to join in
   99  the petition or to consent to the adoption is excused by the
  100  court for good cause shown or in the best interests interest of
  101  the child.
  102         Section 6. Subsections (1), (2), (3), (4), (7), (8), and
  103  (9) of section 63.0423, Florida Statutes, are amended to read:
  104         63.0423 Procedures with respect to surrendered infants.—
  105         (1) Upon entry of final judgment terminating parental
  106  rights, an adoption entity A licensed child-placing agency that
  107  takes physical custody of an infant surrendered at a hospital,
  108  emergency medical services station, or fire station pursuant to
  109  s. 383.50 assumes shall assume responsibility for the all
  110  medical costs and all other costs associated with the emergency
  111  services and care of the surrendered infant from the time the
  112  adoption entity licensed child-placing agency takes physical
  113  custody of the surrendered infant.
  114         (2) The adoption entity licensed child-placing agency shall
  115  immediately seek an order from the circuit court for emergency
  116  custody of the surrendered infant. The emergency custody order
  117  shall remain in effect until the court orders preliminary
  118  approval of placement of the surrendered infant in the
  119  prospective home, at which time the prospective adoptive parents
  120  become guardians pending termination of parental rights and
  121  finalization of adoption or until the court orders otherwise.
  122  The guardianship of the prospective adoptive parents shall
  123  remain subject to the right of the adoption entity licensed
  124  child-placing agency to remove the surrendered infant from the
  125  placement during the pendency of the proceedings if such removal
  126  is deemed by the adoption entity licensed child-placing agency
  127  to be in the best interests interest of the child. The adoption
  128  entity licensed child-placing agency may immediately seek to
  129  place the surrendered infant in a prospective adoptive home.
  130         (3) The adoption entity licensed child-placing agency that
  131  takes physical custody of the surrendered infant shall, within
  132  24 hours thereafter, request assistance from law enforcement
  133  officials to investigate and determine, through the Missing
  134  Children Information Clearinghouse, the National Center for
  135  Missing and Exploited Children, and any other national and state
  136  resources, whether the surrendered infant is a missing child.
  137         (4) The parent who surrenders the infant in accordance with
  138  s. 383.50 is presumed to have consented to termination of
  139  parental rights, and express consent is not required. Except
  140  when there is actual or suspected child abuse or neglect, the
  141  adoption entity may licensed child-placing agency shall not
  142  attempt to pursue, search for, or notify that parent as provided
  143  in s. 63.088 and chapter 49. For purposes of s. 383.50 and this
  144  section, an infant who tests positive for illegal drugs,
  145  narcotic prescription drugs, alcohol, or other substances, but
  146  shows no other signs of child abuse or neglect, shall be placed
  147  in the custody of an adoption entity. If the department is
  148  contacted regarding an infant properly surrendered under this
  149  section and s. 383.50, the department shall provide instruction
  150  to contact an adoption entity and may not take custody of the
  151  infant unless reasonable efforts to contact an adoption entity
  152  to accept the 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. Subsection (1) of section 63.0425, Florida
  218  Statutes, is amended to read:
  219         63.0425 Grandparent’s right to notice.—
  220         (1) If a child has lived with a grandparent for at least 6
  221  continuous months within the 24-month period immediately
  222  preceding the filing of a petition for termination of parental
  223  rights pending adoption, the adoption entity shall provide
  224  notice to that grandparent of the hearing on the petition.
  225         Section 8. Section 63.0427, Florida Statutes, is amended to
  226  read:
  227         63.0427 Agreements for Adopted minor’s right to continued
  228  communication or contact between adopted child and with
  229  siblings, parents, and other relatives.—
  230         (1) A child whose parents have had their parental rights
  231  terminated and whose custody has been awarded to the department
  232  pursuant to s. 39.811, and who is the subject of a petition for
  233  adoption under this chapter, shall have the right to have the
  234  court consider the appropriateness of postadoption communication
  235  or contact, including, but not limited to, visits, written
  236  correspondence, or telephone calls, with his or her siblings or,
  237  upon agreement of the adoptive parents, with the parents who
  238  have had their parental rights terminated or other specified
  239  biological relatives. The court shall consider the following in
  240  making such determination:
  241         (a) Any orders of the court pursuant to s. 39.811(7).
  242         (b) Recommendations of the department, the foster parents
  243  if other than the adoptive parents, and the guardian ad litem.
  244         (c) Statements of the prospective adoptive parents.
  245         (d) Any other information deemed relevant and material by
  246  the court.
  247  
  248  If the court determines that the child’s best interests will be
  249  served by postadoption communication or contact, the court shall
  250  so order, stating the nature and frequency of for the
  251  communication or contact. This order shall be made a part of the
  252  final adoption order, but in no event shall the continuing
  253  validity of the adoption may not be contingent upon such
  254  postadoption communication or contact and, nor shall the ability
  255  of the adoptive parents and child to change residence within or
  256  outside the State of Florida may not be impaired by such
  257  communication or contact.
  258         (2) Notwithstanding the provisions of s. 63.162, the
  259  adoptive parent may, at any time, petition for review of a
  260  communication or contact order entered pursuant to subsection
  261  (1), if the adoptive parent believes that the best interests of
  262  the adopted child are being compromised, and the court may shall
  263  have authority to order the communication or contact to be
  264  terminated or modified, as the court deems to be in the best
  265  interests of the adopted child; however, the court may not
  266  increase contact between the adopted child and siblings, birth
  267  parents, or other relatives without the consent of the adoptive
  268  parent or parents. As part of the review process, the court may
  269  order the parties to engage in mediation. The department shall
  270  not be required to be a party to such review.
  271         (3) Prospective adoptive parents may enter into an
  272  agreement for contact between the child to be adopted and the
  273  birth parent, other relative, or previous foster parent of the
  274  child to be adopted. Such contact may include visits, written
  275  correspondence, telephone contact, exchange of photographs, or
  276  other similar types of contact. The agreement is enforceable by
  277  the court only if:
  278         (a) The agreement was in writing and was submitted to the
  279  court.
  280         (b) The adoptive parents have agreed to the terms of the
  281  contact agreement.
  282         (c) The court finds the contact to be in the best interests
  283  of the child.
  284         (d) The child, if 12 years of age or older, has agreed to
  285  the contact outlined in the agreement.
  286         (4) All parties must acknowledge that a dispute regarding
  287  the contact agreement does not affect the validity or finality
  288  of the adoption and that a breach of the agreement may not be
  289  grounds to set aside the adoption or otherwise impact the
  290  validity or finality of the adoption in any way.
  291         (5) An adoptive parent may terminate the contact between
  292  the child and the birth parent, other relative, or foster parent
  293  if the adoptive parent reasonably believes that the contact is
  294  detrimental to the best interests of the child.
  295         (6) In order to terminate the agreement for contact, the
  296  adoptive parent must file a notice of intent to terminate the
  297  contact agreement with the court that initially approved the
  298  contact agreement, and provide a copy of the notice to the
  299  adoption entity that placed the child, if any, and to the birth
  300  parent, other relative, or foster parent of the child who is a
  301  party to the agreement, outlining the reasons for termination of
  302  the agreement.
  303         (7) If appropriate under the circumstances of the case, the
  304  court may order the parties to participate in mediation to
  305  attempt to resolve the issues with the contact agreement. The
  306  mediation shall be conducted pursuant to s. 61.183. The
  307  petitioner shall be responsible for payment for the services of
  308  the mediator.
  309         (8) The court may modify the terms of the agreement in
  310  order to serve the best interests of the child, but may not
  311  increase the amount or type of contact unless the adoptive
  312  parents agree to the increase in contact or change in the type
  313  of contact.
  314         (9) An agreement for contact entered into under this
  315  subsection is enforceable even if it does not fully disclose the
  316  identity of the parties to the agreement or if identifying
  317  information has been redacted from the agreement.
  318         Section 9. Subsections (1), (2), (3), and (6) of section
  319  63.052, Florida Statutes, are amended to read:
  320         63.052 Guardians designated; proof of commitment.—
  321         (1) For minors who have been placed for adoption with and
  322  permanently committed to an adoption entity, other than an
  323  intermediary, such adoption entity shall be the guardian of the
  324  person of the minor and has the responsibility and authority to
  325  provide for the needs and welfare of the minor.
  326         (2) For minors who have been voluntarily surrendered to an
  327  intermediary through an execution of a consent to adoption, the
  328  intermediary shall be responsible for the minor until the time a
  329  court orders preliminary approval of placement of the minor in
  330  the prospective adoptive home, after which time the prospective
  331  adoptive parents shall become guardians pending finalization of
  332  adoption, subject to the intermediary’s right and responsibility
  333  to remove the child from the prospective adoptive home if the
  334  removal is deemed by the intermediary to be in the best
  335  interests interest of the child. The intermediary may not remove
  336  the child without a court order unless the child is in danger of
  337  imminent harm. The intermediary does not become responsible for
  338  the minor child’s medical bills that were incurred before taking
  339  physical custody of the child after the execution of adoption
  340  consents. Prior to the court’s entry of an order granting
  341  preliminary approval of the placement, the intermediary shall
  342  have the responsibility and authority to provide for the needs
  343  and welfare of the minor. A No minor may not shall be placed in
  344  a prospective adoptive home until that home has received a
  345  favorable preliminary home study, as provided in s. 63.092,
  346  completed and approved within 1 year before such placement in
  347  the prospective home. The provisions of s. 627.6578 shall remain
  348  in effect notwithstanding the guardianship provisions in this
  349  section.
  350         (3) If a minor is surrendered to an adoption entity for
  351  subsequent adoption and a suitable prospective adoptive home is
  352  not available pursuant to s. 63.092 at the time the minor is
  353  surrendered to the adoption entity, the minor must be placed in
  354  a licensed foster care home, or with a person or family that has
  355  received a favorable preliminary home study pursuant to
  356  subsection (2), or with a relative until such a suitable
  357  prospective adoptive home is available.
  358         (6) Unless otherwise authorized by law or ordered by the
  359  court, the department is not responsible for expenses incurred
  360  by other adoption entities participating in a placement of a
  361  minor.
  362         Section 10. Subsections (2) and (3) of section 63.053,
  363  Florida Statutes, are amended to read:
  364         63.053 Rights and responsibilities of an unmarried
  365  biological father; legislative findings.—
  366         (2) The Legislature finds that the interests of the state,
  367  the mother, the child, and the adoptive parents described in
  368  this chapter outweigh the interest of an unmarried biological
  369  father who does not take action in a timely manner to establish
  370  and demonstrate a relationship with his child in accordance with
  371  the requirements of this chapter. An unmarried biological father
  372  has the primary responsibility to protect his rights and is
  373  presumed to know that his child may be adopted without his
  374  consent unless he strictly complies with the provisions of this
  375  chapter and demonstrates a prompt and full commitment to his
  376  parental responsibilities.
  377         (3) The Legislature finds that a birth mother and a birth
  378  father have a right of to privacy.
  379         Section 11. Subsections (1), (2), (4), and (13) of section
  380  63.054, Florida Statutes, are amended to read:
  381         63.054 Actions required by an unmarried biological father
  382  to establish parental rights; Florida Putative Father Registry.—
  383         (1) In order to preserve the right to notice and consent to
  384  an adoption under this chapter, an unmarried biological father
  385  must, as the “registrant,” file a notarized claim of paternity
  386  form with the Florida Putative Father Registry maintained by the
  387  Office of Vital Statistics of the Department of Health which
  388  includes confirmation of his willingness and intent to support
  389  the child for whom paternity is claimed in accordance with state
  390  law. The claim of paternity may be filed at any time before the
  391  child’s birth, but may not be filed after the date a petition is
  392  filed for termination of parental rights. In each proceeding for
  393  termination of parental rights, the petitioner must submit to
  394  the Office of Vital Statistics a copy of the petition for
  395  termination of parental rights or a document executed by the
  396  clerk of the court showing the style of the case, the names of
  397  the persons whose rights are sought to be terminated, and the
  398  date and time of the filing of the petition. The Office of Vital
  399  Statistics may not record a claim of paternity after the date a
  400  petition for termination of parental rights is filed. The
  401  failure of an unmarried biological father to file a claim of
  402  paternity with the registry before the date a petition for
  403  termination of parental rights is filed also bars him from
  404  filing a paternity claim under chapter 742.
  405         (a) An unmarried biological father is excepted from the
  406  time limitations for filing a claim of paternity with the
  407  registry or for filing a paternity claim under chapter 742, if:
  408         1. The mother identifies him to the adoption entity as a
  409  potential biological father by the date she executes a consent
  410  for adoption; and
  411         2. He is served with a notice of intended adoption plan
  412  pursuant to s. 63.062(3) and the 30-day mandatory response date
  413  is later than the date the petition for termination of parental
  414  rights is filed with the court.
  415         (b) If an unmarried biological father falls within the
  416  exception provided by paragraph (a), the petitioner shall also
  417  submit to the Office of Vital Statistics a copy of the notice of
  418  intended adoption plan and proof of service of the notice on the
  419  potential biological father.
  420         (c) An unmarried biological father who falls within the
  421  exception provided by paragraph (a) may not file a claim of
  422  paternity with the registry or a paternity claim under chapter
  423  742 after the 30-day mandatory response date to the notice of
  424  intended adoption plan has expired. The Office of Vital
  425  Statistics may not record a claim of paternity 30 days after
  426  service of the notice of intended adoption plan.
  427         (2) By filing a claim of paternity form with the Office of
  428  Vital Statistics, the registrant expressly consents to submit to
  429  and pay for DNA testing upon the request of any party, the
  430  registrant, or the adoption entity with respect to the child
  431  referenced in the claim of paternity.
  432         (4) Upon initial registration, or at any time thereafter,
  433  the registrant may designate a physical an address other than
  434  his residential address for sending any communication regarding
  435  his registration. Similarly, upon initial registration, or at
  436  any time thereafter, the registrant may designate, in writing,
  437  an agent or representative to receive any communication on his
  438  behalf and receive service of process. The agent or
  439  representative must file an acceptance of the designation, in
  440  writing, in order to receive notice or service of process. The
  441  failure of the designated representative or agent of the
  442  registrant to deliver or otherwise notify the registrant of
  443  receipt of correspondence from the Florida Putative Father
  444  Registry is at the registrant’s own risk and may shall not serve
  445  as a valid defense based upon lack of notice.
  446         (13) The filing of a claim of paternity with the Florida
  447  Putative Father Registry does not excuse or waive the obligation
  448  of a petitioner to comply with the requirements of s. 63.088(4)
  449  for conducting a diligent search and required inquiry with
  450  respect to the identity of an unmarried biological father or
  451  legal father which are set forth in this chapter.
  452         Section 12. Paragraph (b) of subsection (1), subsections
  453  (2), (3), and (4), and paragraph (a) of subsection (8) of
  454  section 63.062, Florida Statutes, are amended to read:
  455         63.062 Persons required to consent to adoption; affidavit
  456  of nonpaternity; waiver of venue.—
  457         (1) Unless supported by one or more of the grounds
  458  enumerated under s. 63.089(3), a petition to terminate parental
  459  rights pending adoption may be granted only if written consent
  460  has been executed as provided in s. 63.082 after the birth of
  461  the minor or notice has been served under s. 63.088 to:
  462         (b) The father of the minor, if:
  463         1. The minor was conceived or born while the father was
  464  married to the mother;
  465         2. The minor is his child by adoption;
  466         3. The minor has been adjudicated by the court to be his
  467  child before by the date a petition is filed for termination of
  468  parental rights is filed;
  469         4. He has filed an affidavit of paternity pursuant to s.
  470  382.013(2)(c) or he is listed on the child’s birth certificate
  471  before by the date a petition is filed for termination of
  472  parental rights is filed; or
  473         5. In the case of an unmarried biological father, he has
  474  acknowledged in writing, signed in the presence of a competent
  475  witness, that he is the father of the minor, has filed such
  476  acknowledgment with the Office of Vital Statistics of the
  477  Department of Health within the required timeframes, and has
  478  complied with the requirements of subsection (2).
  479  
  480  The status of the father shall be determined at the time of the
  481  filing of the petition to terminate parental rights and may not
  482  be modified, except as otherwise provided in s. 63.0423(9)(a),
  483  for purposes of his obligations and rights under this chapter by
  484  acts occurring after the filing of the petition to terminate
  485  parental rights.
  486         (2) In accordance with subsection (1), the consent of an
  487  unmarried biological father shall be necessary only if the
  488  unmarried biological father has complied with the requirements
  489  of this subsection.
  490         (a)1. With regard to a child who is placed with adoptive
  491  parents more than 6 months after the child’s birth, an unmarried
  492  biological father must have developed a substantial relationship
  493  with the child, taken some measure of responsibility for the
  494  child and the child’s future, and demonstrated a full commitment
  495  to the responsibilities of parenthood by providing reasonable
  496  and regular financial support to the child in accordance with
  497  the unmarried biological father’s ability, if not prevented from
  498  doing so by the person or authorized agency having lawful
  499  custody of the child, and either:
  500         a. Regularly visited the child at least monthly, when
  501  physically and financially able to do so and when not prevented
  502  from doing so by the birth mother or the person or authorized
  503  agency having lawful custody of the child; or
  504         b. Maintained regular communication with the child or with
  505  the person or agency having the care or custody of the child,
  506  when physically or financially unable to visit the child or when
  507  not prevented from doing so by the birth mother or person or
  508  authorized agency having lawful custody of the child.
  509         2. The mere fact that an unmarried biological father
  510  expresses a desire to fulfill his responsibilities towards his
  511  child which is unsupported by acts evidencing this intent does
  512  not preclude a finding by the court that the unmarried
  513  biological father failed to comply with the requirements of this
  514  subsection.
  515         2.3. An unmarried biological father who openly lived with
  516  the child for at least 6 months within the 1-year period
  517  following the birth of the child and immediately preceding
  518  placement of the child with adoptive parents and who openly held
  519  himself out to be the father of the child during that period
  520  shall be deemed to have developed a substantial relationship
  521  with the child and to have otherwise met the requirements of
  522  this paragraph.
  523         (b) With regard to a child who is younger than 6 months of
  524  age or younger at the time the child is placed with the adoptive
  525  parents, an unmarried biological father must have demonstrated a
  526  full commitment to his parental responsibility by having
  527  performed all of the following acts prior to the time the mother
  528  executes her consent for adoption:
  529         1. Filed a notarized claim of paternity form with the
  530  Florida Putative Father Registry within the Office of Vital
  531  Statistics of the Department of Health, which form shall be
  532  maintained in the confidential registry established for that
  533  purpose and shall be considered filed when the notice is entered
  534  in the registry of notices from unmarried biological fathers.
  535         2. Upon service of a notice of an intended adoption plan or
  536  a petition for termination of parental rights pending adoption,
  537  executed and filed an affidavit in that proceeding stating that
  538  he is personally fully able and willing to take responsibility
  539  for the child, setting forth his plans for care of the child,
  540  and agreeing to a court order of child support and a
  541  contribution to the payment of living and medical expenses
  542  incurred for the mother’s pregnancy and the child’s birth in
  543  accordance with his ability to pay.
  544         3. If he had knowledge of the pregnancy, paid a fair and
  545  reasonable amount of the living and medical expenses incurred in
  546  connection with the mother’s pregnancy and the child’s birth, in
  547  accordance with his financial ability and when not prevented
  548  from doing so by the birth mother or person or authorized agency
  549  having lawful custody of the child. The responsibility of the
  550  unmarried biological father to provide financial assistance to
  551  the birth mother during her pregnancy and to the child after
  552  birth is not abated because support is being provided to the
  553  birth mother or child by the adoption entity, a prospective
  554  adoptive parent, or a third party, nor does it serve as a basis
  555  to excuse the birth father’s failure to provide support.
  556         (c) The mere fact that a father expresses a desire to
  557  fulfill his responsibilities towards his child which is
  558  unsupported by acts evidencing this intent does not meet the
  559  requirements of this section.
  560         (d)(c) The petitioner shall file with the court a
  561  certificate from the Office of Vital Statistics stating that a
  562  diligent search has been made of the Florida Putative Father
  563  Registry of notices from unmarried biological fathers described
  564  in subparagraph (b)1. and that no filing has been found
  565  pertaining to the father of the child in question or, if a
  566  filing is found, stating the name of the putative father and the
  567  time and date of filing. That certificate shall be filed with
  568  the court prior to the entry of a final judgment of termination
  569  of parental rights.
  570         (e)(d) An unmarried biological father who does not comply
  571  with each of the conditions provided in this subsection is
  572  deemed to have waived and surrendered any rights in relation to
  573  the child, including the right to notice of any judicial
  574  proceeding in connection with the adoption of the child, and his
  575  consent to the adoption of the child is not required.
  576         (3) Pursuant to chapter 48, an adoption entity shall serve
  577  a notice of intended adoption plan upon any known and locatable
  578  unmarried biological father who is identified to the adoption
  579  entity by the mother by the date she signs her consent for
  580  adoption if the child is 6 months of age or less at the time the
  581  consent is executed or who is identified by a diligent search of
  582  the Florida Putative Father Registry, or upon an entity whose
  583  consent is required. Service of the notice of intended adoption
  584  plan is not required mandatory when the unmarried biological
  585  father signs a consent for adoption or an affidavit of
  586  nonpaternity or when the child is more than 6 months of age at
  587  the time of the execution of the consent by the mother. The
  588  notice may be served at any time before the child’s birth or
  589  before placing the child in the adoptive home. The recipient of
  590  the notice may waive service of process by executing a waiver
  591  and acknowledging receipt of the plan. The notice of intended
  592  adoption plan must specifically state that if the unmarried
  593  biological father desires to contest the adoption plan he must,
  594  within 30 days after service, file with the court a verified
  595  response that contains a pledge of commitment to the child in
  596  substantial compliance with subparagraph (2)(b)2. and a claim of
  597  paternity form with the Office of Vital Statistics, and must
  598  provide the adoption entity with a copy of the verified response
  599  filed with the court and the claim of paternity form filed with
  600  the Office of Vital Statistics. The notice must also include
  601  instructions for submitting a claim of paternity form to the
  602  Office of Vital Statistics and the address to which the claim
  603  must be sent. If the party served with the notice of intended
  604  adoption plan is an entity whose consent is required, the notice
  605  must specifically state that the entity must file, within 30
  606  days after service, a verified response setting forth a legal
  607  basis for contesting the intended adoption plan, specifically
  608  addressing the best interests interest of the child.
  609         (a) If the unmarried biological father or entity whose
  610  consent is required fails to timely and properly file a verified
  611  response with the court and, in the case of an unmarried
  612  biological father, a claim of paternity form with the Office of
  613  Vital Statistics, the court shall enter a default judgment
  614  against the any unmarried biological father or entity and the
  615  consent of that unmarried biological father or entity shall no
  616  longer be required under this chapter and shall be deemed to
  617  have waived any claim of rights to the child. To avoid an entry
  618  of a default judgment, within 30 days after receipt of service
  619  of the notice of intended adoption plan:
  620         1. The unmarried biological father must:
  621         a. File a claim of paternity with the Florida Putative
  622  Father Registry maintained by the Office of Vital Statistics;
  623         b. File a verified response with the court which contains a
  624  pledge of commitment to the child in substantial compliance with
  625  subparagraph (2)(b)2.; and
  626         c. Provide support for the birth mother and the child.
  627         2. The entity whose consent is required must file a
  628  verified response setting forth a legal basis for contesting the
  629  intended adoption plan, specifically addressing the best
  630  interests interest of the child.
  631         (b) If the mother identifies a potential unmarried
  632  biological father within the timeframes required by the statute,
  633  whose location is unknown, the adoption entity shall conduct a
  634  diligent search pursuant to s. 63.088. If, upon completion of a
  635  diligent search, the potential unmarried biological father’s
  636  location remains unknown and a search of the Florida Putative
  637  Father Registry fails to reveal a match, the adoption entity
  638  shall request in the petition for termination of parental rights
  639  pending adoption that the court declare the diligent search to
  640  be in compliance with s. 63.088, that the adoption entity has no
  641  further obligation to provide notice to the potential unmarried
  642  biological father, and that the potential unmarried biological
  643  father’s consent to the adoption is not required.
  644         (4) Any person whose consent is required under paragraph
  645  (1)(b), or any other man, may execute an irrevocable affidavit
  646  of nonpaternity in lieu of a consent under this section and by
  647  doing so waives notice to all court proceedings after the date
  648  of execution. An affidavit of nonpaternity must be executed as
  649  provided in s. 63.082. The affidavit of nonpaternity may be
  650  executed prior to the birth of the child. The person executing
  651  the affidavit must receive disclosure under s. 63.085 prior to
  652  signing the affidavit. For purposes of this chapter, an
  653  affidavit of nonpaternity is sufficient if it contains a
  654  specific denial of parental obligations and does not need to
  655  deny the existence of a biological relationship.
  656         (8) A petition to adopt an adult may be granted if:
  657         (a) Written consent to adoption has been executed by the
  658  adult and the adult’s spouse, if any, unless the spouse’s
  659  consent is waived by the court for good cause.
  660         Section 13. Subsection (2) of section 63.063, Florida
  661  Statutes, is amended to read:
  662         63.063 Responsibility of parents for actions; fraud or
  663  misrepresentation; contesting termination of parental rights and
  664  adoption.—
  665         (2) Any person injured by a fraudulent representation or
  666  action in connection with an adoption may pursue civil or
  667  criminal penalties as provided by law. A fraudulent
  668  representation is not a defense to compliance with the
  669  requirements of this chapter and is not a basis for dismissing a
  670  petition for termination of parental rights or a petition for
  671  adoption, for vacating an adoption decree, or for granting
  672  custody to the offended party. Custody and adoption
  673  determinations must be based on the best interests interest of
  674  the child in accordance with s. 61.13.
  675         Section 14. Paragraph (d) of subsection (1), paragraphs (c)
  676  and (d) of subsection (3), paragraphs (a), (d), and (e) of
  677  subsection (4), and subsections (6) and (7) of section 63.082,
  678  Florida Statutes, are amended to read:
  679         63.082 Execution of consent to adoption or affidavit of
  680  nonpaternity; family social and medical history; revocation
  681  withdrawal of consent.—
  682         (1)
  683         (d) The notice and consent provisions of this chapter as
  684  they relate to the father birth of a child or to legal fathers
  685  do not apply in cases in which the child is conceived as a
  686  result of a violation of the criminal laws of this or another
  687  state or country, including, but not limited to, sexual battery,
  688  unlawful sexual activity with certain minors under s. 794.05,
  689  lewd acts perpetrated upon a minor, or incest. A criminal
  690  conviction is not required for the court to find that the child
  691  was conceived as a result of a violation of the criminal laws of
  692  this state or another state or country.
  693         (3)
  694         (c) If any person who is required to consent is unavailable
  695  because the person cannot be located, an the petition to
  696  terminate parental rights pending adoption must be accompanied
  697  by the affidavit of diligent search required under s. 63.088
  698  shall be filed.
  699         (d) If any person who is required to consent is unavailable
  700  because the person is deceased, the petition to terminate
  701  parental rights pending adoption must be accompanied by a
  702  certified copy of the death certificate. In an adoption of a
  703  stepchild or a relative, the certified copy of the death
  704  certificate of the person whose consent is required may must be
  705  attached to the petition for adoption if a separate petition for
  706  termination of parental rights is not being filed.
  707         (4)(a) An affidavit of nonpaternity may be executed before
  708  the birth of the minor; however, the consent to an adoption may
  709  shall not be executed before the birth of the minor except in a
  710  preplanned adoption pursuant to s. 63.213.
  711         (d) The consent to adoption or the affidavit of
  712  nonpaternity must be signed in the presence of two witnesses and
  713  be acknowledged before a notary public who is not signing as one
  714  of the witnesses. The notary public must legibly note on the
  715  consent or the affidavit the date and time of execution. The
  716  witnesses’ names must be typed or printed underneath their
  717  signatures. The witnesses’ home or business addresses must be
  718  included. The person who signs the consent or the affidavit has
  719  the right to have at least one of the witnesses be an individual
  720  who does not have an employment, professional, or personal
  721  relationship with the adoption entity or the prospective
  722  adoptive parents. The adoption entity must give reasonable
  723  advance notice to the person signing the consent or affidavit of
  724  the right to select a witness of his or her own choosing. The
  725  person who signs the consent or affidavit must acknowledge in
  726  writing on the consent or affidavit that such notice was given
  727  and indicate the witness, if any, who was selected by the person
  728  signing the consent or affidavit. The adoption entity must
  729  include its name, address, and telephone number on the consent
  730  to adoption or affidavit of nonpaternity.
  731         (e) A consent to adoption being executed by the birth
  732  parent must be in at least 12-point boldfaced type and shall
  733  contain the following recitation of rights in substantially the
  734  following form:
  735                         CONSENT TO ADOPTION                       
  736  
  737  YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
  738  HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
  739  THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
  740  PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
  741  WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
  742  NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
  743  WITNESSES YOU SELECTED, IF ANY.
  744  
  745  YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
  746  FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
  747  CONSENT:
  748  
  749         1. CONSULT WITH AN ATTORNEY;
  750         2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
  751  LEGALLY PROHIBITED;
  752         3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
  753  FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
  754         4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY PROHIBITED;
  755  AND
  756         5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
  757  AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
  758  
  759  IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
  760  YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
  761  EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
  762  YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
  763  FOR ADOPTION UPON THE CHILD’S RELEASE FROM A LICENSED HOSPITAL
  764  OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
  765  IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
  766  FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
  767  BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
  768  WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
  769  SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
  770  CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
  771  BE EXECUTED. ANY MAN MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
  772  BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS
  773  VALID, BINDING, AND IRREVOCABLE AND CANNOT BE INVALIDATED
  774  WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
  775  DURESS.
  776  
  777  IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
  778  AND YOU WISH TO INVALIDATE REVOKE THAT CONSENT, YOU MUST:
  779  
  780         1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
  781  YOU WISH TO WITHDRAW YOUR CONSENT; AND
  782         2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD OR
  783  DURESS.
  784  
  785  This statement of rights is not required for the adoption of a
  786  relative, an adult, a stepchild, or a child older than 6 months
  787  of age. A consent form for the adoption of a child older than 6
  788  months of age at the time of the execution of consent must
  789  contain a statement outlining the revocation rights provided in
  790  paragraph (c).
  791         (6)(a) If a parent executes a consent for placement of a
  792  minor with an adoption entity or qualified prospective adoptive
  793  parents and the minor child is in the custody of the department,
  794  but parental rights have not yet been terminated, the adoption
  795  consent is valid, binding, and enforceable by the court.
  796         (b) Upon execution of the consent of the parent, the
  797  adoption entity shall be permitted to may intervene in the
  798  dependency case as a party in interest and must provide the
  799  court that acquired having jurisdiction over the minor, pursuant
  800  to the shelter or dependency petition filed by the department, a
  801  copy of the preliminary home study of the prospective adoptive
  802  parents and any other evidence of the suitability of the
  803  placement. The preliminary home study must be maintained with
  804  strictest confidentiality within the dependency court file and
  805  the department’s file. A preliminary home study must be provided
  806  to the court in all cases in which an adoption entity has
  807  intervened pursuant to this section. Unless the court has
  808  concerns regarding the qualifications of the home study
  809  provider, or concerns that the home study may not be adequate to
  810  determine the best interests of the child, the home study
  811  provided by the adoption entity shall be deemed to be sufficient
  812  and no additional home study needs to be performed by the
  813  department.
  814         (c) If an adoption entity files a motion to intervene in
  815  the dependency case in accordance with this chapter, the
  816  dependency court shall promptly grant a hearing to determine
  817  whether the adoption entity has filed the required documents to
  818  be permitted to intervene and whether a change of placement of
  819  the child is appropriate.
  820         (d)(c) Upon a determination by the court that the
  821  prospective adoptive parents are properly qualified to adopt the
  822  minor child and that the adoption appears to be in the best
  823  interests interest of the minor child, the court shall
  824  immediately order the transfer of custody of the minor child to
  825  the prospective adoptive parents, under the supervision of the
  826  adoption entity. The adoption entity shall thereafter provide
  827  monthly supervision reports to the department until finalization
  828  of the adoption.
  829         (e)(d) In determining whether the best interests interest
  830  of the child are is served by transferring the custody of the
  831  minor child to the prospective adoptive parent selected by the
  832  parent, the court shall consider the rights of the parent to
  833  determine an appropriate placement for the child, the permanency
  834  offered, the child’s bonding with any potential adoptive home
  835  that the child has been residing in, and the importance of
  836  maintaining sibling relationships, if possible.
  837         (7) If a person is seeking to revoke withdraw consent for a
  838  child older than 6 months of age who has been placed with
  839  prospective adoptive parents:
  840         (a) The person seeking to revoke withdraw consent must, in
  841  accordance with paragraph (4)(c), notify the adoption entity in
  842  writing by certified mail, return receipt requested, within 3
  843  business days after execution of the consent. As used in this
  844  subsection, the term “business day” means any day on which the
  845  United States Postal Service accepts certified mail for
  846  delivery.
  847         (b) Upon receiving timely written notice from a person
  848  whose consent to adoption is required of that person’s desire to
  849  revoke withdraw consent, the adoption entity must contact the
  850  prospective adoptive parent to arrange a time certain for the
  851  adoption entity to regain physical custody of the minor, unless,
  852  upon a motion for emergency hearing by the adoption entity, the
  853  court determines in written findings that placement of the minor
  854  with the person who had legal or physical custody of the child
  855  immediately before the child was placed for adoption may
  856  endanger the minor or that the person who desires to revoke
  857  withdraw consent is not required to consent to the adoption, has
  858  been determined to have abandoned the child, or is otherwise
  859  subject to a determination that the person’s consent is waived
  860  under this chapter.
  861         (c) If the court finds that the placement may endanger the
  862  minor, the court shall enter an order continuing the placement
  863  of the minor with the prospective adoptive parents pending
  864  further proceedings if they desire continued placement. If the
  865  prospective adoptive parents do not desire continued placement,
  866  the order must include, but need not be limited to, a
  867  determination of whether temporary placement in foster care,
  868  with the person who had legal or physical custody of the child
  869  immediately before placing the child for adoption, or with a
  870  relative is in the best interests interest of the child and
  871  whether an investigation by the department is recommended.
  872         (d) If the person revoking withdrawing consent claims to be
  873  the father of the minor but has not been established to be the
  874  father by marriage, court order, or scientific testing, the
  875  court may order scientific paternity testing and reserve ruling
  876  on removal of the minor until the results of such testing have
  877  been filed with the court.
  878         (e) The adoption entity must return the minor within 3
  879  business days after timely and proper notification of the
  880  revocation withdrawal of consent or after the court determines
  881  that revocation withdrawal is timely and in accordance with the
  882  requirements of this chapter valid and binding upon
  883  consideration of an emergency motion, as filed pursuant to
  884  paragraph (b), to the physical custody of the person revoking
  885  withdrawing consent or the person directed by the court. If the
  886  person seeking to revoke withdraw consent claims to be the
  887  father of the minor but has not been established to be the
  888  father by marriage, court order, or scientific testing, the
  889  adoption entity may return the minor to the care and custody of
  890  the mother, if she desires such placement and she is not
  891  otherwise prohibited by law from having custody of the child.
  892         (f) Following the revocation period for withdrawal of
  893  consent described in paragraph (a), or the placement of the
  894  child with the prospective adoptive parents, whichever occurs
  895  later, consent may be set aside withdrawn only when the court
  896  finds that the consent was obtained by fraud or duress.
  897         (g) An affidavit of nonpaternity may be set aside withdrawn
  898  only if the court finds that the affidavit was obtained by fraud
  899  or duress.
  900         (h) If the consent of one parent is set aside or revoked in
  901  accordance with this chapter, any other consents executed by the
  902  other parent or a third party whose consent is required for the
  903  adoption of the child may not be used by the parent whose
  904  consent was revoked or set aside to terminate or diminish the
  905  rights of the other parent or third party whose consent was
  906  required for the adoption of the child.
  907         Section 15. Subsection (1) and paragraph (a) of subsection
  908  (2) of section 63.085, Florida Statutes, are amended, and
  909  paragraph (c) is added to subsection (2) of that section, to
  910  read:
  911         63.085 Disclosure by adoption entity.—
  912         (1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE ADOPTIVE
  913  PARENTS.—Within 14 days after a person seeking to adopt a minor
  914  or a person seeking to place a minor for adoption contacts an
  915  adoption entity in person or provides the adoption entity with a
  916  mailing address, the entity must provide a written disclosure
  917  statement to that person if the entity agrees or continues to
  918  work with the person. The adoption entity shall also provide the
  919  written disclosure to the parent who did not initiate contact
  920  with the adoption entity within 14 days after that parent is
  921  identified and located. For purposes of providing the written
  922  disclosure, a person is considered to be seeking to place a
  923  minor for adoption if that person has sought information or
  924  advice from the adoption entity regarding the option of adoptive
  925  placement. The written disclosure statement must be in
  926  substantially the following form:
  927  
  928                         ADOPTION DISCLOSURE                       
  929  THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
  930  PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
  931  FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
  932  ADOPTION UNDER FLORIDA LAW:
  933  
  934         1. The name, address, and telephone number of the adoption
  935  entity providing this disclosure is:
  936         Name:
  937         Address:
  938         Telephone Number:
  939         2. The adoption entity does not provide legal
  940  representation or advice to parents or anyone signing a consent
  941  for adoption or affidavit of nonpaternity, and parents have the
  942  right to consult with an attorney of their own choosing to
  943  advise them.
  944         3. With the exception of an adoption by a stepparent or
  945  relative, a child cannot be placed into a prospective adoptive
  946  home unless the prospective adoptive parents have received a
  947  favorable preliminary home study, including criminal and child
  948  abuse clearances.
  949         4. A valid consent for adoption may not be signed by the
  950  birth mother until 48 hours after the birth of the child, or the
  951  day the birth mother is notified, in writing, that she is fit
  952  for discharge from the licensed hospital or birth center. Any
  953  man may sign a valid consent for adoption at any time after the
  954  birth of the child.
  955         5. A consent for adoption signed before the child attains
  956  the age of 6 months is binding and irrevocable from the moment
  957  it is signed unless it can be proven in court that the consent
  958  was obtained by fraud or duress. A consent for adoption signed
  959  after the child attains the age of 6 months is valid from the
  960  moment it is signed; however, it may be revoked up to 3 business
  961  days after it was signed.
  962         6. A consent for adoption is not valid if the signature of
  963  the person who signed the consent was obtained by fraud or
  964  duress.
  965         7. An unmarried biological father must act immediately in
  966  order to protect his parental rights. Section 63.062, Florida
  967  Statutes, prescribes that any father seeking to establish his
  968  right to consent to the adoption of his child must file a claim
  969  of paternity with the Florida Putative Father Registry
  970  maintained by the Office of Vital Statistics of the Department
  971  of Health by the date a petition to terminate parental rights is
  972  filed with the court, or within 30 days after receiving service
  973  of a Notice of Intended Adoption Plan. If he receives a Notice
  974  of Intended Adoption Plan, he must file a claim of paternity
  975  with the Florida Putative Father Registry, file a parenting plan
  976  with the court, and provide financial support to the mother or
  977  child within 30 days following service. An unmarried biological
  978  father’s failure to timely respond to a Notice of Intended
  979  Adoption Plan constitutes an irrevocable legal waiver of any and
  980  all rights that the father may have to the child. A claim of
  981  paternity registration form for the Florida Putative Father
  982  Registry may be obtained from any local office of the Department
  983  of Health, Office of Vital Statistics, the Department of
  984  Children and Families, the Internet websites for these agencies,
  985  and the offices of the clerks of the Florida circuit courts. The
  986  claim of paternity form must be submitted to the Office of Vital
  987  Statistics, Attention: Adoption Unit, P.O. Box 210,
  988  Jacksonville, FL 32231.
  989         8. There are alternatives to adoption, including foster
  990  care, relative care, and parenting the child. There may be
  991  services and sources of financial assistance in the community
  992  available to parents if they choose to parent the child.
  993         9. A parent has the right to have a witness of his or her
  994  choice, who is unconnected with the adoption entity or the
  995  adoptive parents, to be present and witness the signing of the
  996  consent or affidavit of nonpaternity.
  997         10. A parent 14 years of age or younger must have a parent,
  998  legal guardian, or court-appointed guardian ad litem to assist
  999  and advise the parent as to the adoption plan and to witness
 1000  consent.
 1001         11. A parent has a right to receive supportive counseling
 1002  from a counselor, social worker, physician, clergy, or attorney.
 1003         12. The payment of living or medical expenses by the
 1004  prospective adoptive parents before the birth of the child does
 1005  not, in any way, obligate the parent to sign the consent for
 1006  adoption.
 1007  
 1008         (2) DISCLOSURE TO ADOPTIVE PARENTS.—
 1009         (a) At the time that an adoption entity is responsible for
 1010  selecting prospective adoptive parents for a born or unborn
 1011  child whose parents are seeking to place the child for adoption
 1012  or whose rights were terminated pursuant to chapter 39, the
 1013  adoption entity must provide the prospective adoptive parents
 1014  with information concerning the background of the child to the
 1015  extent such information is disclosed to the adoption entity by
 1016  the parents, legal custodian, or the department. This subsection
 1017  applies only if the adoption entity identifies the prospective
 1018  adoptive parents and supervises the physical placement of the
 1019  child in the prospective adoptive parents’ home. If any
 1020  information cannot be disclosed because the records custodian
 1021  failed or refused to produce the background information, the
 1022  adoption entity has a duty to provide the information if it
 1023  becomes available. An individual or entity contacted by an
 1024  adoption entity to obtain the background information must
 1025  release the requested information to the adoption entity without
 1026  the necessity of a subpoena or a court order. In all cases, the
 1027  prospective adoptive parents must receive all available
 1028  information by the date of the final hearing on the petition for
 1029  adoption. The information to be disclosed includes:
 1030         1. A family social and medical history form completed
 1031  pursuant to s. 63.162(6).
 1032         2. The biological mother’s medical records documenting her
 1033  prenatal care and the birth and delivery of the child.
 1034         3. A complete set of the child’s medical records
 1035  documenting all medical treatment and care since the child’s
 1036  birth and before placement.
 1037         4. All mental health, psychological, and psychiatric
 1038  records, reports, and evaluations concerning the child before
 1039  placement.
 1040         5. The child’s educational records, including all records
 1041  concerning any special education needs of the child before
 1042  placement.
 1043         6. Records documenting all incidents that required the
 1044  department to provide services to the child, including all
 1045  orders of adjudication of dependency or termination of parental
 1046  rights issued pursuant to chapter 39, any case plans drafted to
 1047  address the child’s needs, all protective services
 1048  investigations identifying the child as a victim, and all
 1049  guardian ad litem reports filed with the court concerning the
 1050  child.
 1051         7. Written information concerning the availability of
 1052  adoption subsidies for the child, if applicable.
 1053         (c) If the prospective adoptive parents waive the receipt
 1054  of any of the records described in paragraph (a), a copy of the
 1055  written notification of the waiver to the adoption entity shall
 1056  be filed with the court.
 1057         Section 16. Subsection (6) of section 63.087, Florida
 1058  Statutes, is amended to read:
 1059         63.087 Proceeding to terminate parental rights pending
 1060  adoption; general provisions.—
 1061         (6) ANSWER AND APPEARANCE REQUIRED.—An answer to the
 1062  petition or any pleading requiring an answer must be filed in
 1063  accordance with the Florida Family Law Rules of Procedure.
 1064  Failure to file a written response to the petition constitutes
 1065  grounds upon which the court may terminate parental rights.
 1066  Failure to personally appear at the hearing constitutes grounds
 1067  upon which the court may terminate parental rights. Any person
 1068  present at the hearing to terminate parental rights pending
 1069  adoption whose consent to adoption is required under s. 63.062
 1070  must:
 1071         (a) Be advised by the court that he or she has a right to
 1072  ask that the hearing be reset for a later date so that the
 1073  person may consult with an attorney; and
 1074         (b) Be given an opportunity to admit or deny the
 1075  allegations in the petition.
 1076         Section 17. Subsection (4) of section 63.088, Florida
 1077  Statutes, is amended to read:
 1078         63.088 Proceeding to terminate parental rights pending
 1079  adoption; notice and service; diligent search.—
 1080         (4) REQUIRED INQUIRY.—In proceedings initiated under s.
 1081  63.087, the court shall conduct an inquiry of the person who is
 1082  placing the minor for adoption and of any relative or person
 1083  having legal custody of the minor who is present at the hearing
 1084  and likely to have the following information regarding the
 1085  identity of:
 1086         (a) Any man to whom the mother of the minor was married at
 1087  any time when conception of the minor may have occurred or at
 1088  the time of the birth of the minor;
 1089         (b) Any man who has filed an affidavit of paternity
 1090  pursuant to s. 382.013(2)(c) before the date that a petition for
 1091  termination of parental rights is filed with the court;
 1092         (c) Any man who has adopted the minor;
 1093         (d) Any man who has been adjudicated by a court as the
 1094  father of the minor child before the date a petition for
 1095  termination of parental rights is filed with the court; and
 1096         (e) Any man whom the mother identified to the adoption
 1097  entity as a potential biological father before the date she
 1098  signed the consent for adoption.
 1099  
 1100  The information sought under this subsection may be provided to
 1101  the court in the form of a sworn affidavit by a person having
 1102  personal knowledge of the facts, addressing each inquiry
 1103  enumerated in this subsection, except that, if the inquiry
 1104  identifies a father under paragraph (a), paragraph (b), or
 1105  paragraph (c), or paragraph (d), the inquiry may not continue
 1106  further. The inquiry required under this subsection may be
 1107  conducted before the birth of the minor.
 1108         Section 18. Paragraph (d) of subsection (3), paragraph (b)
 1109  of subsection (4), and subsections (5) and (7) of section
 1110  63.089, Florida Statutes, are amended to read:
 1111         63.089 Proceeding to terminate parental rights pending
 1112  adoption; hearing; grounds; dismissal of petition; judgment.—
 1113         (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
 1114  ADOPTION.—The court may enter a judgment terminating parental
 1115  rights pending adoption if the court determines by clear and
 1116  convincing evidence, supported by written findings of fact, that
 1117  each person whose consent to adoption is required under s.
 1118  63.062:
 1119         (d) Has been properly served notice of the proceeding in
 1120  accordance with the requirements of this chapter and has failed
 1121  to file a written answer or personally appear at the evidentiary
 1122  hearing resulting in the judgment terminating parental rights
 1123  pending adoption;
 1124         (4) FINDING OF ABANDONMENT.—A finding of abandonment
 1125  resulting in a termination of parental rights must be based upon
 1126  clear and convincing evidence that a parent or person having
 1127  legal custody has abandoned the child in accordance with the
 1128  definition contained in s. 63.032. A finding of abandonment may
 1129  also be based upon emotional abuse or a refusal to provide
 1130  reasonable financial support, when able, to a birth mother
 1131  during her pregnancy.
 1132         (b) The child has been abandoned when the parent of a child
 1133  is incarcerated on or after October 1, 2001, in a federal,
 1134  state, or county correctional institution and:
 1135         1. The period of time for which the parent has been or is
 1136  expected to be incarcerated will constitute a significant
 1137  portion of the child’s minority. In determining whether the
 1138  period of time is significant, the court shall consider the
 1139  child’s age and the child’s need for a permanent and stable
 1140  home. The period of time begins on the date that the parent
 1141  enters into incarceration;
 1142         2. The incarcerated parent has been determined by a court
 1143  of competent jurisdiction to be a violent career criminal as
 1144  defined in s. 775.084, a habitual violent felony offender as
 1145  defined in s. 775.084, convicted of child abuse as defined in s.
 1146  827.03, or a sexual predator as defined in s. 775.21; has been
 1147  convicted of first degree or second degree murder in violation
 1148  of s. 782.04 or a sexual battery that constitutes a capital,
 1149  life, or first degree felony violation of s. 794.011; or has
 1150  been convicted of a substantially similar offense in another
 1151  jurisdiction. As used in this section, the term “substantially
 1152  similar offense” means any offense that is substantially similar
 1153  in elements and penalties to one of those listed in this
 1154  subparagraph, and that is in violation of a law of any other
 1155  jurisdiction, whether that of another state, the District of
 1156  Columbia, the United States or any possession or territory
 1157  thereof, or any foreign jurisdiction; or
 1158         3. The court determines by clear and convincing evidence
 1159  that continuing the parental relationship with the incarcerated
 1160  parent would be harmful to the child and, for this reason,
 1161  termination of the parental rights of the incarcerated parent is
 1162  in the best interests interest of the child.
 1163         (5) DISMISSAL OF PETITION.—If the court does not find by
 1164  clear and convincing evidence that parental rights of a parent
 1165  should be terminated pending adoption, the court must dismiss
 1166  the petition and that parent’s parental rights that were the
 1167  subject of such petition shall remain in full force under the
 1168  law. The order must include written findings in support of the
 1169  dismissal, including findings as to the criteria in subsection
 1170  (4) if rejecting a claim of abandonment.
 1171         (a) Parental rights may not be terminated based upon a
 1172  consent that the court finds has been timely revoked withdrawn
 1173  under s. 63.082 or a consent to adoption or affidavit of
 1174  nonpaternity that the court finds was obtained by fraud or
 1175  duress.
 1176         (b) The court must enter an order based upon written
 1177  findings providing for the placement of the minor, but the court
 1178  may not proceed to determine custody between competing eligible
 1179  parties. The placement of the child should revert to the parent
 1180  or guardian who had physical custody of the child at the time of
 1181  the placement for adoption unless the court determines upon
 1182  clear and convincing evidence that this placement is not in the
 1183  best interests of the child or is not an available option for
 1184  the child. The court may not change the placement of a child who
 1185  has established a bonded relationship with the current caregiver
 1186  without providing for a reasonable transition plan consistent
 1187  with the best interests of the child. The court may direct the
 1188  parties to participate in a reunification or unification plan
 1189  with a qualified professional to assist the child in the
 1190  transition. The court may order scientific testing to determine
 1191  the paternity of the minor only if the court has determined that
 1192  the consent of the alleged father would be required, unless all
 1193  parties agree that such testing is in the best interests of the
 1194  child. The court may not order scientific testing to determine
 1195  paternity of an unmarried biological father if the child has a
 1196  father as described in s. 63.088(4)(a)-(d) whose rights have not
 1197  been previously terminated at any time during which the court
 1198  has jurisdiction over the minor. Further proceedings, if any,
 1199  regarding the minor must be brought in a separate custody action
 1200  under chapter 61, a dependency action under chapter 39, or a
 1201  paternity action under chapter 742.
 1202         (7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.—
 1203         (a) A motion for relief from a judgment terminating
 1204  parental rights must be filed with the court originally entering
 1205  the judgment. The motion must be filed within a reasonable time,
 1206  but not later than 1 year after the entry of the judgment. An
 1207  unmarried biological father does not have standing to seek
 1208  relief from a judgment terminating parental rights if the mother
 1209  did not identify him to the adoption entity before the date she
 1210  signed a consent for adoption or if he was not located because
 1211  the mother failed or refused to provide sufficient information
 1212  to locate him.
 1213         (b) No later than 30 days after the filing of a motion
 1214  under this subsection, the court must conduct a preliminary
 1215  hearing to determine what contact, if any, shall be permitted
 1216  between a parent and the child pending resolution of the motion.
 1217  Such contact shall be considered only if it is requested by a
 1218  parent who has appeared at the hearing and may not be awarded
 1219  unless the parent previously established a bonded relationship
 1220  with the child and the parent has pled a legitimate legal basis
 1221  and established a prima facia case for setting aside the
 1222  judgment terminating parental rights. If the court orders
 1223  contact between a parent and child, the order must be issued in
 1224  writing as expeditiously as possible and must state with
 1225  specificity any provisions regarding contact with persons other
 1226  than those with whom the child resides.
 1227         (c) At the preliminary hearing, the court, upon the motion
 1228  of any party or upon its own motion, may order scientific
 1229  testing to determine the paternity of the minor if the person
 1230  seeking to set aside the judgment is alleging to be the child’s
 1231  father and that fact has not previously been determined by
 1232  legitimacy or scientific testing. The court may order visitation
 1233  with a person for whom scientific testing for paternity has been
 1234  ordered and who has previously established a bonded relationship
 1235  with the child.
 1236         (d) Unless otherwise agreed between the parties or for good
 1237  cause shown, the court shall conduct a final hearing on the
 1238  motion for relief from judgment within 45 days after the filing
 1239  and enter its written order as expeditiously as possible
 1240  thereafter.
 1241         (e) If the court grants relief from the judgment
 1242  terminating parental rights and no new pleading is filed to
 1243  terminate parental rights, the placement of the child should
 1244  revert to the parent or guardian who had physical custody of the
 1245  child at the time of the original placement for adoption unless
 1246  the court determines upon clear and convincing evidence that
 1247  this placement is not in the best interests of the child or is
 1248  not an available option for the child. The court may not change
 1249  the placement of a child who has established a bonded
 1250  relationship with the current caregiver without providing for a
 1251  reasonable transition plan consistent with the best interests of
 1252  the child. The court may direct the parties to participate in a
 1253  reunification or unification plan with a qualified professional
 1254  to assist the child in the transition. The court may not direct
 1255  the placement of a child with a person other than the adoptive
 1256  parents without first obtaining a favorable home study of that
 1257  person and any other persons residing in the proposed home and
 1258  shall take whatever additional steps are necessary and
 1259  appropriate for the physical and emotional protection of the
 1260  child.
 1261         Section 19. Subsection (3) of section 63.092, Florida
 1262  Statutes, is amended to read:
 1263         63.092 Report to the court of intended placement by an
 1264  adoption entity; at-risk placement; preliminary study.—
 1265         (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
 1266  intended adoptive home, a preliminary home study must be
 1267  performed by a licensed child-placing agency, a child-caring
 1268  agency registered under s. 409.176, a licensed professional, or
 1269  agency described in s. 61.20(2), unless the adoptee is an adult
 1270  or the petitioner is a stepparent or a relative. If the adoptee
 1271  is an adult or the petitioner is a stepparent or a relative, a
 1272  preliminary home study may be required by the court for good
 1273  cause shown. The department is required to perform the
 1274  preliminary home study only if there is no licensed child
 1275  placing agency, child-caring agency registered under s. 409.176,
 1276  licensed professional, or agency described in s. 61.20(2), in
 1277  the county where the prospective adoptive parents reside. The
 1278  preliminary home study must be made to determine the suitability
 1279  of the intended adoptive parents and may be completed prior to
 1280  identification of a prospective adoptive minor. A favorable
 1281  preliminary home study is valid for 1 year after the date of its
 1282  completion. Upon its completion, a signed copy of the home study
 1283  must be provided to the intended adoptive parents who were the
 1284  subject of the home study. A minor may not be placed in an
 1285  intended adoptive home before a favorable preliminary home study
 1286  is completed unless the adoptive home is also a licensed foster
 1287  home under s. 409.175. The preliminary home study must include,
 1288  at a minimum:
 1289         (a) An interview with the intended adoptive parents;
 1290         (b) Records checks of the department’s central abuse
 1291  registry and criminal records correspondence checks under s.
 1292  39.0138 through the Department of Law Enforcement on the
 1293  intended adoptive parents;
 1294         (c) An assessment of the physical environment of the home;
 1295         (d) A determination of the financial security of the
 1296  intended adoptive parents;
 1297         (e) Documentation of counseling and education of the
 1298  intended adoptive parents on adoptive parenting;
 1299         (f) Documentation that information on adoption and the
 1300  adoption process has been provided to the intended adoptive
 1301  parents;
 1302         (g) Documentation that information on support services
 1303  available in the community has been provided to the intended
 1304  adoptive parents; and
 1305         (h) A copy of each signed acknowledgment of receipt of
 1306  disclosure required by s. 63.085.
 1307  
 1308  If the preliminary home study is favorable, a minor may be
 1309  placed in the home pending entry of the judgment of adoption. A
 1310  minor may not be placed in the home if the preliminary home
 1311  study is unfavorable. If the preliminary home study is
 1312  unfavorable, the adoption entity may, within 20 days after
 1313  receipt of a copy of the written recommendation, petition the
 1314  court to determine the suitability of the intended adoptive
 1315  home. A determination as to suitability under this subsection
 1316  does not act as a presumption of suitability at the final
 1317  hearing. In determining the suitability of the intended adoptive
 1318  home, the court must consider the totality of the circumstances
 1319  in the home. A No minor may not be placed in a home in which
 1320  there resides any person determined by the court to be a sexual
 1321  predator as defined in s. 775.21 or to have been convicted of an
 1322  offense listed in s. 63.089(4)(b)2.
 1323         Section 20. Subsection (7) is added to section 63.097,
 1324  Florida Statutes, to read:
 1325         63.097 Fees.—
 1326         (7) In determining reasonable attorney fees, courts shall
 1327  use the following criteria:
 1328         (a) The time and labor required, the novelty and difficulty
 1329  of the question involved, and the skill requisite to perform the
 1330  legal service properly.
 1331         (b) The likelihood, if apparent to the client, that the
 1332  acceptance of the particular employment will preclude other
 1333  employment by the attorney.
 1334         (c) The fee customarily charged in the locality for similar
 1335  legal services.
 1336         (d) The amount involved in the subject matter of the
 1337  representation, the responsibility involved in the
 1338  representation, and the results obtained.
 1339         (e) The time limitations imposed by the client or by the
 1340  circumstances and, as between attorney and client, any
 1341  additional or special time demands or requests of the attorney
 1342  by the client.
 1343         (f) The nature and length of the professional relationship
 1344  with the client.
 1345         (g) The experience, reputation, diligence, and ability of
 1346  the attorney or attorneys performing the service and the skill,
 1347  expertise, or efficiency of effort reflected in the actual
 1348  providing of such services.
 1349         (h) Whether the fee is fixed or contingent.
 1350         Section 21. Section 63.152, Florida Statutes, is amended to
 1351  read:
 1352         63.152 Application for new birth record.—Within 30 days
 1353  after entry of a judgment of adoption, the clerk of the court or
 1354  the adoption entity shall transmit a certified statement of the
 1355  entry to the state registrar of vital statistics on a form
 1356  provided by the registrar. A new birth record containing the
 1357  necessary information supplied by the certificate shall be
 1358  issued by the registrar on application of the adopting parents
 1359  or the adopted person.
 1360         Section 22. Subsection (7) of section 63.162, Florida
 1361  Statutes, is amended to read:
 1362         63.162 Hearings and records in adoption proceedings;
 1363  confidential nature.—
 1364         (7) The court may, upon petition of an adult adoptee or
 1365  birth parent, for good cause shown, appoint an intermediary or a
 1366  licensed child-placing agency to contact a birth parent or adult
 1367  adoptee, as applicable, who has not registered with the adoption
 1368  registry pursuant to s. 63.165 and advise both them of the
 1369  availability of the intermediary or agency and that the birth
 1370  parent or adult adoptee, as applicable, wishes to establish
 1371  contact same.
 1372         Section 23. Paragraph (c) of subsection (2) of section
 1373  63.167, Florida Statutes, is amended to read:
 1374         63.167 State adoption information center.—
 1375         (2) The functions of the state adoption information center
 1376  shall include:
 1377         (c) Operating a toll-free telephone number to provide
 1378  information and referral services. The state adoption
 1379  information center shall provide contact information for all
 1380  adoption entities in the caller’s county or, if no adoption
 1381  entities are located in the caller’s county, the number of the
 1382  nearest adoption entity when contacted for a referral to make an
 1383  adoption plan and shall rotate the order in which the names of
 1384  adoption entities are provided to callers.
 1385         Section 24. Paragraph (g) of subsection (1) and subsections
 1386  (2) and (8) of section 63.212, Florida Statutes, are amended to
 1387  read:
 1388         63.212 Prohibited acts; penalties for violation.—
 1389         (1) It is unlawful for any person:
 1390         (g) Except an adoption entity, to advertise or offer to the
 1391  public, in any way, by any medium whatever that a minor is
 1392  available for adoption or that a minor is sought for adoption;
 1393  and, further, it is unlawful for any person to publish or
 1394  broadcast any such advertisement or assist an unlicensed person
 1395  or entity in publishing or broadcasting any such advertisement
 1396  without including a Florida license number of the agency or
 1397  attorney placing the advertisement.
 1398         1. Only a person who is an attorney licensed to practice
 1399  law in this state or an adoption entity licensed under the laws
 1400  of this state may place a paid advertisement or paid listing of
 1401  the person’s telephone number, on the person’s own behalf, in a
 1402  telephone directory that:
 1403         a. A child is offered or wanted for adoption; or
 1404         b. The person is able to place, locate, or receive a child
 1405  for adoption.
 1406         2. A person who publishes a telephone directory that is
 1407  distributed in this state:
 1408         a. Shall include, at the beginning of any classified
 1409  heading for adoption and adoption services, a statement that
 1410  informs directory users that only attorneys licensed to practice
 1411  law in this state and licensed adoption entities may legally
 1412  provide adoption services under state law.
 1413         b. May publish an advertisement described in subparagraph
 1414  1. in the telephone directory only if the advertisement contains
 1415  the following:
 1416         (I) For an attorney licensed to practice law in this state,
 1417  the person’s Florida Bar number.
 1418         (II) For a child placing agency licensed under the laws of
 1419  this state, the number on the person’s adoption entity license.
 1420         (2) Any person who is a birth mother, or a woman who holds
 1421  herself out to be a birth mother, who is interested in making an
 1422  adoption plan and who knowingly or intentionally benefits from
 1423  the payment of adoption-related expenses in connection with that
 1424  adoption plan commits adoption deception if:
 1425         (a) The person knows or should have known that the person
 1426  is not pregnant at the time the sums were requested or received;
 1427         (b) The person accepts living expenses assistance from a
 1428  prospective adoptive parent or adoption entity without
 1429  disclosing that she is receiving living expenses assistance from
 1430  another prospective adoptive parent or adoption entity at the
 1431  same time in an effort to adopt the same child; or
 1432         (c) The person knowingly makes false representations to
 1433  induce the payment of living expenses and does not intend to
 1434  make an adoptive placement. It is unlawful for:
 1435         (a) Any person or adoption entity under this chapter to:
 1436         1. Knowingly provide false information; or
 1437         2. Knowingly withhold material information.
 1438         (b) A parent, with the intent to defraud, to accept
 1439  benefits related to the same pregnancy from more than one
 1440  adoption entity without disclosing that fact to each entity.
 1441  
 1442  Any person who willfully commits adoption deception violates any
 1443  provision of this subsection commits a misdemeanor of the second
 1444  degree, punishable as provided in s. 775.082 or s. 775.083, if
 1445  the sums received by the birth mother or woman holding herself
 1446  out to be a birth mother do not exceed $300, and a felony of the
 1447  third degree, punishable as provided in s. 775.082, s. 775.083,
 1448  or s. 775.084, if the sums received by the birth mother or woman
 1449  holding herself out to be a birth mother exceed $300. In
 1450  addition, the person is liable for damages caused by such acts
 1451  or omissions, including reasonable attorney attorney’s fees and
 1452  costs incurred by the adoption entity or the prospective
 1453  adoptive parent. Damages may be awarded through restitution in
 1454  any related criminal prosecution or by filing a separate civil
 1455  action.
 1456         (8) Unless otherwise indicated, a person who willfully and
 1457  with criminal intent violates any provision of this section,
 1458  excluding paragraph (1)(g), commits a felony of the third
 1459  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1460  775.084. A person who willfully and with criminal intent
 1461  violates paragraph (1)(g) commits a misdemeanor of the second
 1462  degree, punishable as provided in s. 775.083; and each day of
 1463  continuing violation shall be considered a separate offense. In
 1464  addition, any person who knowingly publishes or assists with the
 1465  publication of any advertisement or other publication which
 1466  violates the requirements of paragraph (1)(g) commits a
 1467  misdemeanor of the second degree, punishable as provided in s.
 1468  775.083, and may be required to pay a fine of up to $150 per day
 1469  for each day of continuing violation.
 1470         Section 25. Paragraph (b) of subsection (1), paragraphs (a)
 1471  and (e) of subsection (2), and paragraphs (b), (h), and (i) of
 1472  subsection (6) of section 63.213, Florida Statutes, are amended
 1473  to read:
 1474         63.213 Preplanned adoption agreement.—
 1475         (1) Individuals may enter into a preplanned adoption
 1476  arrangement as specified in this section, but such arrangement
 1477  may not in any way:
 1478         (b) Constitute consent of a mother to place her biological
 1479  child for adoption until 48 hours after the following birth of
 1480  the child and unless the court making the custody determination
 1481  or approving the adoption determines that the mother was aware
 1482  of her right to rescind within the 48-hour period after the
 1483  following birth of the child but chose not to rescind such
 1484  consent. The volunteer mother’s right to rescind her consent in
 1485  a preplanned adoption applies only when the child is genetically
 1486  related to her.
 1487         (2) A preplanned adoption agreement must include, but need
 1488  not be limited to, the following terms:
 1489         (a) That the volunteer mother agrees to become pregnant by
 1490  the fertility technique specified in the agreement, to bear the
 1491  child, and to terminate any parental rights and responsibilities
 1492  to the child she might have through a written consent executed
 1493  at the same time as the preplanned adoption agreement, subject
 1494  to a right of rescission by the volunteer mother any time within
 1495  48 hours after the birth of the child, if the volunteer mother
 1496  is genetically related to the child.
 1497         (e) That the intended father and intended mother
 1498  acknowledge that they may not receive custody or the parental
 1499  rights under the agreement if the volunteer mother terminates
 1500  the agreement or if the volunteer mother rescinds her consent to
 1501  place her child for adoption within 48 hours after the birth of
 1502  the child, if the volunteer mother is genetically related to the
 1503  child.
 1504         (6) As used in this section, the term:
 1505         (b) “Child” means the child or children conceived by means
 1506  of a fertility technique an insemination that is part of a
 1507  preplanned adoption arrangement.
 1508         (h) “Preplanned adoption arrangement” means the arrangement
 1509  through which the parties enter into an agreement for the
 1510  volunteer mother to bear the child, for payment by the intended
 1511  father and intended mother of the expenses allowed by this
 1512  section, for the intended father and intended mother to assert
 1513  full parental rights and responsibilities to the child if
 1514  consent to adoption is not rescinded after birth by a the
 1515  volunteer mother who is genetically related to the child, and
 1516  for the volunteer mother to terminate, subject to any a right of
 1517  rescission, all her parental rights and responsibilities to the
 1518  child in favor of the intended father and intended mother.
 1519         (i) “Volunteer mother” means a female at least 18 years of
 1520  age who voluntarily agrees, subject to a right of rescission if
 1521  it is her biological child, that if she should become pregnant
 1522  pursuant to a preplanned adoption arrangement, she will
 1523  terminate her parental rights and responsibilities to the child
 1524  in favor of the intended father and intended mother.
 1525         Section 26. Section 63.222, Florida Statutes, is amended to
 1526  read:
 1527         63.222 Effect on prior adoption proceedings.—Any adoption
 1528  made before July 1, 2012, is the effective date of this act
 1529  shall be valid, and any proceedings pending on that the
 1530  effective date and any subsequent amendments thereto of this act
 1531  are not affected thereby unless the amendment is designated as a
 1532  remedial provision.
 1533         Section 27. Section 63.2325, Florida Statutes, is amended
 1534  to read:
 1535         63.2325 Conditions for invalidation revocation of a consent
 1536  to adoption or affidavit of nonpaternity.—Notwithstanding the
 1537  requirements of this chapter, a failure to meet any of those
 1538  requirements does not constitute grounds for invalidation
 1539  revocation of a consent to adoption or revocation withdrawal of
 1540  an affidavit of nonpaternity unless the extent and circumstances
 1541  of such a failure result in a material failure of fundamental
 1542  fairness in the administration of due process, or the failure
 1543  constitutes or contributes to fraud or duress in obtaining a
 1544  consent to adoption or affidavit of nonpaternity.
 1545         Section 28. This act shall take effect July 1, 2012.
 1546  
 1547  ================= T I T L E  A M E N D M E N T ================
 1548         And the title is amended as follows:
 1549         Delete everything before the enacting clause
 1550  and insert:
 1551                        A bill to be entitled                      
 1552         An act relating to adoption; amending s. 63.022, F.S.;
 1553         revising legislative intent to delete a reference to
 1554         reporting requirements for placements of minors and
 1555         exceptions; amending s. 63.032, F.S.; revising
 1556         definitions; amending s. 63.037, F.S.; exempting
 1557         adoption proceedings initiated under chapter 39, F.S.,
 1558         from a requirement for a search of the Florida
 1559         Putative Father Registry; amending s. 63.039, F.S.;
 1560         providing that all adoptions of minor children require
 1561         the use of an adoption entity that will assume the
 1562         responsibilities provided in specified provisions;
 1563         providing an exception; amending s. 63.042, F.S.;
 1564         revising terminology relating to who may adopt;
 1565         amending s. 63.0423, F.S.; revising terminology
 1566         relating to surrendered infants; providing that an
 1567         infant who tests positive for illegal drugs, narcotic
 1568         prescription drugs, alcohol, or other substances, but
 1569         shows no other signs of child abuse or neglect, shall
 1570         be placed in the custody of an adoption entity;
 1571         providing that if the Department of Children and
 1572         Family Services is contacted regarding a surrendered
 1573         infant who does not appear to have been the victim of
 1574         actual or suspected child abuse or neglect, it shall
 1575         provide instruction to contact an adoption entity and
 1576         may not take custody of the infant; providing an
 1577         exception; revising provisions relating to scientific
 1578         testing to determine the paternity or maternity of a
 1579         minor; amending s. 63.0425, F.S.; requiring that a
 1580         child’s residence be continuous for a specified period
 1581         in order to entitle the grandparent to notice of
 1582         certain proceedings; amending s. 63.0427, F.S.;
 1583         prohibiting a court from increasing contact between an
 1584         adopted child and siblings, birth parents, or other
 1585         relatives without the consent of the adoptive parent
 1586         or parents; providing for agreements for contact
 1587         between a child to be adopted and the birth parent,
 1588         other relative, or previous foster parent of the
 1589         child; amending s. 63.052, F.S.; deleting a
 1590         requirement that a minor be permanently committed to
 1591         an adoption entity in order for the entity to be
 1592         guardian of the person of the minor; limiting the
 1593         circumstances in which an intermediary may remove a
 1594         child; providing that an intermediary does not become
 1595         responsible for a minor child’s medical bills that
 1596         were incurred before taking physical custody of the
 1597         child; providing additional placement options for a
 1598         minor surrendered to an adoption entity for subsequent
 1599         adoption when a suitable prospective adoptive home is
 1600         not available; amending s. 63.053, F.S.; requiring
 1601         that an unmarried biological father strictly comply
 1602         with specified provisions in order to protect his
 1603         interests; amending s. 63.054, F.S.; authorizing
 1604         submission of an alternative document to the Office of
 1605         Vital Statistics by the petitioner in each proceeding
 1606         for termination of parental rights; providing that by
 1607         filing a claim of paternity form the registrant
 1608         expressly consents to paying for DNA testing;
 1609         requiring that an alternative address designated by a
 1610         registrant be a physical address; providing that the
 1611         filing of a claim of paternity with the Florida
 1612         Putative Father Registry does not relieve a person
 1613         from compliance with specified requirements; amending
 1614         s. 63.062, F.S.; revising requirements for when a
 1615         minor’s father must be served prior to termination of
 1616         parental rights; requiring that an unmarried
 1617         biological father comply with specified requirements
 1618         in order for his consent to be required for adoption;
 1619         revising such requirements; providing that the mere
 1620         fact that a father expresses a desire to fulfill his
 1621         responsibilities towards his child which is
 1622         unsupported by acts evidencing this intent does not
 1623         meet the requirements; providing for the sufficiency
 1624         of an affidavit of nonpaternity; providing an
 1625         exception to a condition to a petition to adopt an
 1626         adult; amending s. 63.063, F.S.; conforming
 1627         terminology; amending s. 63.082, F.S.; revising
 1628         language concerning applicability of notice and
 1629         consent provisions in cases in which the child is
 1630         conceived as a result of a violation of criminal law;
 1631         providing that a criminal conviction is not required
 1632         for the court to find that the child was conceived as
 1633         a result of a violation of criminal law; requiring an
 1634         affidavit of diligent search to be filed whenever a
 1635         person who is required to consent is unavailable
 1636         because the person cannot be located; providing that
 1637         in an adoption of a stepchild or a relative, a
 1638         certified copy of the death certificate of the person
 1639         whose consent is required may be attached to the
 1640         petition for adoption if a separate petition for
 1641         termination of parental rights is not being filed;
 1642         authorizing the execution of an affidavit of
 1643         nonpaternity before the birth of a minor in preplanned
 1644         adoptions; revising language of a consent to adoption;
 1645         providing that a home study provided by the adoption
 1646         entity shall be deemed to be sufficient except in
 1647         certain circumstances; providing for a hearing if an
 1648         adoption entity moves to intervene in a dependency
 1649         case; revising language concerning seeking to revoke
 1650         consent to an adoption of a child older than 6 months
 1651         of age; providing that if the consent of one parent is
 1652         set aside or revoked, any other consents executed by
 1653         the other parent or a third party whose consent is
 1654         required for the adoption of the child may not be used
 1655         by the parent who consent was revoked or set aside to
 1656         terminate or diminish the rights of the other parent
 1657         or third party; amending s. 63.085, F.S.; revising
 1658         language of an adoption disclosure statement;
 1659         requiring that a copy of a waiver by prospective
 1660         adoptive parents of receipt of certain records must be
 1661         filed with the court; amending s. 63.087, F.S.;
 1662         specifying that a failure to personally appear at a
 1663         proceeding to terminate parental rights constitutes
 1664         grounds for termination; amending s. 63.088, F.S.;
 1665         providing that in a termination of parental rights
 1666         proceeding if a required inquiry that identifies a
 1667         father who has been adjudicated by a court as the
 1668         father of the minor child before the date a petition
 1669         for termination of parental rights is filed the
 1670         inquiry must terminate at that point; amending s.
 1671         63.089, F.S.; specifying that it is a failure to
 1672         personally appear that provides grounds for
 1673         termination of parental rights in certain
 1674         circumstances; revising provisions relating to
 1675         dismissal of petitions to terminate parental rights;
 1676         providing that contact between a parent seeking relief
 1677         from a judgment terminating parental rights and a
 1678         child may be awarded only in certain circumstances;
 1679         providing for placement of a child in the event that a
 1680         court grants relief from a judgment terminating
 1681         parental rights and no new pleading is filed to
 1682         terminate parental rights; amending s. 63.092, F.S.;
 1683         requiring that a signed copy of the home study must be
 1684         provided to the intended adoptive parents who were the
 1685         subject of the study; amending s. 63.097, F.S.;
 1686         providing guidelines for a court considering a
 1687         reasonable attorney fee associated with adoption
 1688         services; amending s. 63.152, F.S.; authorizing an
 1689         adoption entity to transmit a certified statement of
 1690         the entry of a judgment of adoption to the state
 1691         registrar of vital statistics; amending s. 63.162,
 1692         F.S.; authorizing a birth parent to petition that
 1693         court to appoint an intermediary or a licensed child
 1694         placing agency to contact an adult adoptee and advise
 1695         both of the availability of the adoption registry and
 1696         that the birth parent wishes to establish contact;
 1697         amending s. 63.167, F.S.; requiring that the state
 1698         adoption center provide contact information for all
 1699         adoption entities in a caller’s county or, if no
 1700         adoption entities are located in the caller’s county,
 1701         the number of the nearest adoption entity when
 1702         contacted for a referral to make an adoption plan;
 1703         amending s. 63.212, F.S.; restricting who may place a
 1704         paid advertisement or paid listing of the person’s
 1705         telephone number offering certain adoption services;
 1706         requiring of publishers of telephone directories to
 1707         include certain statements at the beginning of any
 1708         classified heading for adoption and adoption services;
 1709         providing requirements for such advertisements;
 1710         providing criminal penalties for violations;
 1711         prohibiting the offense of adoption deception by a
 1712         person who is a birth mother or a woman who holds
 1713         herself out to be a birth mother; providing criminal
 1714         penalties; providing liability by violators for
 1715         certain damages; amending s. 63.213, F.S.; providing
 1716         that a preplanned adoption arrangement does not
 1717         constitute consent of a mother to place her biological
 1718         child for adoption until 48 hours following birth;
 1719         providing that a volunteer mother’s right to rescind
 1720         her consent in a preplanned adoption applies only when
 1721         the child is genetically related to her; revising the
 1722         definitions of the terms “child,” “preplanned adoption
 1723         arrangement,” and “volunteer mother”; amending s.
 1724         63.222, F.S.; providing that provisions designated as
 1725         remedial may apply to any proceedings pending on the
 1726         effective date of the provisions; amending s. 63.2325,
 1727         F.S.; revising terminology relating to revocation of
 1728         consent to adoption; providing an effective date.