CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
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Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Dudley moved the following amendment to amendment
12 (403354):
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14 Senate Amendment (with title amendment)
15 On page 16, lines 14-15, delete those lines
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17 and insert:
18 Section 16. Section 39.461, Florida Statutes, is
19 amended to read:
20 39.461 Petition for termination of parental rights.--
21 (1) All proceedings seeking an adjudication to
22 terminate parental rights pursuant to this chapter must be
23 initiated by the filing of an original petition by the
24 department, the guardian ad litem, or a licensed child-placing
25 agency or by any other person who has knowledge of the facts
26 alleged or is informed of them and believes that they are
27 true.
28 (2) The form of the petition is governed by the
29 Florida Rules of Juvenile Procedure. The petition must be in
30 writing and signed by the petitioner or, if the department is
31 the petitioner, by an employee of the department, under oath
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1 stating the petitioner's good faith in filing the petition.
2 (3) When a petition for termination of parental rights
3 has been filed, the clerk of the court shall set the case
4 before the court for an advisory hearing.
5 Section 17. Section 39.464, Florida Statutes, as
6 amended by section 12 of chapter 97-276, Laws of Florida, is
7 amended to read:
8 39.464 Grounds for termination of parental rights.--
9 (1) The department, the guardian ad litem, a licensed
10 child-placing agency, or any person related to the child who
11 has knowledge of the facts alleged or who is informed of said
12 facts and believes that they are true, may petition for the
13 termination of parental rights under any of the following
14 circumstances:
15 (a) When the parent or parents voluntarily executed a
16 written surrender of the child and consented to the entry of
17 an order giving custody of the child to the department or to a
18 licensed child-placing agency for subsequent adoption and the
19 department or licensed child-placing agency is willing to
20 accept custody of the child.
21 1. The surrender document must be executed before two
22 witnesses and a notary public or other person authorized to
23 take acknowledgments.
24 2. The surrender and consent may be withdrawn after
25 acceptance by the department or licensed child-placing agency
26 only after a finding by the court that the surrender and
27 consent were obtained by fraud or duress.
28 (b) When the identity or location of the parent or
29 parents is unknown and, if the court requires a diligent
30 search pursuant to s. 39.4625, cannot be ascertained by
31 diligent search as provided in s. 39.4625 within 90 days.
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1 (c) When the parent or parents engaged in conduct
2 toward the child or toward other children that demonstrates
3 that the continuing involvement of the parent or parents in
4 the parent-child relationship threatens the life or well-being
5 of the child irrespective of the provision of services.
6 Provision of services is evidenced by proof that services were
7 provided through a previous plan or offered as a case plan
8 from a child welfare agency.
9 (d) When the parent of a child is incarcerated in a
10 state or federal correctional institution and:
11 1. The period of time for which the parent is expected
12 to be incarcerated will constitute a substantial portion of
13 the period of time before the child will attain the age of 18
14 years;
15 2. The incarcerated parent has been determined by the
16 court to be a violent career criminal as defined in s.
17 775.084, a habitual violent felony offender as defined in s.
18 775.084, or a sexual predator as defined in s. 775.21; has
19 been convicted of first degree or second degree murder in
20 violation of s. 782.04 or a sexual battery that constitutes a
21 capital, life, or first degree felony violation of s. 794.011;
22 or has been convicted of an offense in another jurisdiction
23 which is substantially similar to one of the offenses listed
24 in this paragraph. As used in this section, the term
25 "substantially similar offense" means any offense that is
26 substantially similar in elements and penalties to one of
27 those listed in this paragraph, and that is in violation of a
28 law of any other jurisdiction, whether that of another state,
29 the District of Columbia, the United States or any possession
30 or territory thereof, or any foreign jurisdiction; and
31 3. The court determines by clear and convincing
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1 evidence that continuing the parental relationship with the
2 incarcerated parent would be harmful to the child and, for
3 this reason, that termination of the parental rights of the
4 incarcerated parent is in the best interest of the child.
5 (e) When the parent or parents engaged in egregious
6 conduct that endangers the life, health, or safety of the
7 child or the child's sibling or had the opportunity and
8 capability to prevent egregious conduct that threatened the
9 life, health, or safety of the child or the child's sibling
10 and knowingly failed to do so.
11 1. As used in this subsection, the term "sibling"
12 means another child who resides with or is cared for by the
13 parent or parents regardless of whether the child is related
14 legally or by consanguinity.
15 2. As used in this subsection, the term "egregious
16 abuse" means conduct of the parent or parents that is
17 deplorable, flagrant, or outrageous by a normal standard of
18 conduct. Egregious abuse may include an act or omission that
19 occurred only once but was of such intensity, magnitude, or
20 severity as to endanger the life of the child.
21 (f) A petition for termination of parental rights may
22 also be filed when a child has been adjudicated dependent, a
23 case plan has been filed with the court, and the child
24 continues to be abused, neglected, or abandoned by the
25 parents. In this case, the failure of the parents to
26 substantially comply for a period of 12 months after an
27 adjudication of the child as a dependent child constitutes
28 evidence of continuing abuse, neglect, or abandonment unless
29 the failure to substantially comply with the case plan was due
30 either to the lack of financial resources of the parents or to
31 the failure of the department to make reasonable efforts to
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1 reunify the family. Such 12-month period may begin to run only
2 after the entry of a disposition order placing the custody of
3 the child with the department or a person other than the
4 parent and the subsequent filing with the court of a case plan
5 with a goal of reunification with the parent.
6 (2) When a petition for termination of parental rights
7 is filed under subsection (1), a separate petition for
8 dependency need not be filed and the department need not offer
9 the parents a case plan with a goal of reunification, but may
10 instead file with the court a case plan with a goal of
11 termination of parental rights.
12 Section 18. Subsections (2) and (8) of section 39.469,
13 Florida Statutes, are amended to read:
14 39.469 Powers of disposition; order of disposition.--
15 (2) If the child is in foster care custody of the
16 department and the court finds that the grounds for
17 termination of parental rights have been established by clear
18 and convincing evidence, the court shall, by order, place the
19 child in the custody of the department for the purpose of
20 adoption or place the child in the custody of a licensed
21 child-placing agency for the purpose of adoption.
22 (8) If the court terminates parental rights, it shall,
23 in its order of disposition, provide for a hearing, to be
24 scheduled no later than 30 days after the date of disposition,
25 in which the department or the licensed child-placing agency
26 shall provide to the court a plan for permanency for the
27 child. Thereafter, until the adoption of the child is
28 finalized or the child reaches the age of 18 years, whichever
29 occurs first, the court shall hold hearings at 6-month
30 intervals to review the progress being made toward permanency
31 for the child.
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1 Section 19. Section 39.47, Florida Statutes, is
2 amended to read:
3 39.47 Postdisposition Post disposition relief.--
4 (1) A licensed child-placing agency or The department
5 that which is given custody of a child for subsequent adoption
6 in accordance with this chapter may place the child in a
7 family home for prospective subsequent adoption and may
8 thereafter become a party to any proceeding for the legal
9 adoption of the child and appear in any court where the
10 adoption proceeding is pending and consent to the adoption;
11 and that consent alone shall in all cases be sufficient.
12 (2) In any subsequent adoption proceeding, the parents
13 and legal guardian are shall not be entitled to any notice of
14 the proceeding and are not thereof, nor shall they be entitled
15 to knowledge at any time after the order terminating parental
16 rights is entered of the whereabouts of the child or of the
17 identity or location of any person having the custody of or
18 having adopted the child, except as provided by order of the
19 court pursuant to this chapter or chapter 63; and in any
20 habeas corpus or other proceeding involving the child brought
21 by any parent or legal guardian of the child, an no agent of
22 the licensed child-placing agency or department may not shall
23 be compelled to divulge that information, but may be compelled
24 to produce the child before a court of competent jurisdiction
25 if the child is still subject to the guardianship of the
26 licensed child-placing agency or department.
27 (3) The entry of the custody order to the department
28 does or licensed child-placing agency shall not entitle the
29 licensed child-placing agency or department to guardianship of
30 the estate or property of the child, but the licensed
31 child-placing agency or department shall be the guardian of
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1 the person of the child.
2 (4) The court shall retain jurisdiction over any child
3 for whom custody is given to a licensed child-placing agency
4 or to the department until the child is adopted. After custody
5 of a child for subsequent adoption has been given to an agency
6 or the department, the court has jurisdiction for the purpose
7 of reviewing the status of the child and the progress being
8 made toward permanent adoptive placement. As part of this
9 continuing jurisdiction, for good cause shown by the guardian
10 ad litem for the child, the court may review the
11 appropriateness of the adoptive placement of the child. The
12 petition for adoption must be filed in the division of the
13 circuit court which issued the judgment terminating parental
14 rights. A copy of the consent required under s. 63.062(4) and
15 executed by the department must be attached to the petition
16 for adoption. The petition for adoption must be accompanied by
17 a form created by the department which details the social and
18 medical history of each birth parent and includes the social
19 security number and date of birth for each birth parent, if
20 such information is available or readily obtainable. The
21 person seeking to adopt the minor may not file a petition for
22 adoption until the order terminating parental rights becomes
23 final. An adoption proceeding under this subsection is
24 governed by chapter 63, as limited under s. 63.037.
25 (5) The Legislature finds that children are most
26 likely to realize their potential when they have the ability
27 provided by good permanent families rather than spending long
28 periods of time in temporary placements or unnecessary
29 institutions. It is the intent of the Legislature that
30 decisions be consistent with the child's best interests and
31 that the department make proper adoptive placements as
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1 expeditiously as possible following a final judgment
2 terminating parental rights.
3 Section 20. Section 63.022, Florida Statutes, is
4 amended to read:
5 63.022 Legislative intent.--
6 (1) It is the intent of the Legislature to protect and
7 promote the well-being of persons being adopted and their
8 birth and adoptive parents and to provide to all children who
9 can benefit by it a permanent family life, and, whenever
10 possible, to maintain sibling groups.
11 (2) The basic safeguards intended to be provided by
12 this chapter act are that:
13 (a) The minor child is legally free for adoption.
14 (b) The required persons consent to the adoption or
15 the parent-child relationship is terminated by judgment of the
16 court.
17 (c) The required social studies are completed and the
18 court considers the reports of these studies prior to judgment
19 on adoption petitions.
20 (d) All placements of minors for adoption are reported
21 to the Department of Children and Family Services.
22 (e) A sufficient period of time elapses during which
23 the minor child has lived within the proposed adoptive home
24 under the guidance of the department or a licensed
25 child-placing agency.
26 (f) All expenditures by adoption entities
27 intermediaries placing, and persons independently adopting, a
28 minor are reported to the court and become a permanent record
29 in the file of the adoption proceedings.
30 (g) Social and medical information concerning the
31 minor child and the birth parents is furnished by the birth
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1 parent when available and filed with the court before a final
2 hearing on a petition to terminate parental rights pending
3 adoption consent to the adoption when a minor is placed by an
4 intermediary.
5 (h) A new birth certificate is issued after entry of
6 the adoption judgment.
7 (i) At the time of the hearing, the court may is
8 authorized to order temporary substitute care when it
9 determines that the minor is in an unsuitable home.
10 (j) The records of all proceedings concerning custody
11 and adoption of minor children are confidential and exempt
12 from the provisions of s. 119.07(1), except as provided in s.
13 63.162.
14 (k) The birth parent, the adoptive parent, and the
15 minor child receive the same or similar safeguards, guidance,
16 counseling, and supervision in an intermediary adoption as
17 they receive in an agency or department adoption.
18 (l) In all matters coming before the court pursuant to
19 this chapter act, the court shall enter such orders as it
20 deems necessary and suitable to promote and protect the best
21 interests of the person to be adopted.
22 Section 21. Section 63.032, Florida Statutes, is
23 amended to read:
24 63.032 Definitions.--As used in this chapter act,
25 unless the context otherwise requires, the term:
26 (1) "Department" means the Department of Children and
27 Family Services.
28 (2) "Child" means a son or daughter, whether by birth
29 or adoption.
30 (3) "Court" means any circuit court of this state and,
31 when the context requires, the court of any state that is
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1 empowered to grant petitions for adoption.
2 (4) "Minor" means a person under the age of 18 years.
3 (5) "Adult" means a person who is not a minor.
4 (6) "Person" includes a natural person, corporation,
5 government or governmental subdivision or agency, business
6 trust, estate, trust, partnership, or association, and any
7 other legal entity.
8 (7) "Agency" means any child-placing agency licensed
9 by the department pursuant to s. 63.202 to place minors for
10 adoption.
11 (8) "Intermediary" means an attorney or physician who
12 is licensed or authorized to practice in this state and who
13 has reported the intended placement of a minor for adoption
14 under s. 63.092 or, for the purpose of adoptive placements of
15 children from out of state with citizens of this state, a
16 child-placing agency licensed in another state that is
17 qualified by the department.
18 (9) "To place" or "placement" means the process of a
19 person giving a child up for adoption and the prospective
20 parents receiving and adopting the child, and includes all
21 actions by any person or agency participating in the process.
22 (10) "Adoption" means the act of creating the legal
23 relationship between parent and child where it did not exist,
24 thereby declaring the child to be legally the child of the
25 adoptive parents and their heir at law and entitled to all the
26 rights and privileges and subject to all the obligations of a
27 child born to such adoptive parents in lawful wedlock.
28 (11) "Suitability of the intended placement" includes
29 the fitness of the intended placement, with primary
30 consideration being given to the welfare of the child; the
31 fitness and capabilities of the adoptive parent or parents to
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1 function as parent or parents for a particular child; any
2 familial relationship between the child and the prospective
3 placement; and the compatibility of the child with the home in
4 which the child is intended to be placed.
5 (12) "Primary residence and place of employment in
6 Florida" means a person lives and works in this state at least
7 6 months of the year and intends to do so for the foreseeable
8 future or military personnel who designate Florida as their
9 place of residence in accordance with the Soldiers' and
10 Sailors' Civil Relief Act of 1940 or employees of the United
11 States Department of State living in a foreign country who
12 designate Florida as their place of residence.
13 (13) "Primarily lives and works outside Florida" means
14 anyone who does not meet the definition of "primary residence
15 and place of employment in Florida."
16 (14) "Abandoned" means a situation in which the parent
17 or legal custodian of a child, while being able, makes no
18 provision for the child's support and makes no effort to
19 communicate with the child, which situation is sufficient to
20 evince a willful rejection of parental obligations. If, in the
21 opinion of the court, the efforts of such parent or legal
22 custodian to support and communicate with the child are only
23 marginal efforts that do not evince a settled purpose to
24 assume all parental duties, the court may declare the child to
25 be abandoned. In making this decision, the court may consider
26 the conduct of a father towards the child's mother during her
27 pregnancy.
28 (15) "Adoption entity" means the department under
29 chapter 39; an agency under chapter 63 or, at the request of
30 the department, under chapter 39; or an intermediary under
31 chapter 63, placing a person for adoption.
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1 Section 22. Section 63.037, Florida Statutes, is
2 created to read:
3 63.037 Proceedings applicable to cases resulting from
4 a termination of parental rights under chapter 39.--A case in
5 which a minor becomes available for adoption after the
6 parental rights of each parent have been terminated by a court
7 order issued pursuant to chapter 39 will be governed by s.
8 39.47 and this chapter. Adoption proceedings filed under
9 chapter 39 are exempt from the following provisions of this
10 chapter: disclosure requirements for the adoption entity
11 provided in s. 63.085; general provisions governing
12 termination of parental rights pending adoption provided in s.
13 63.087; notice and service provisions governing termination of
14 parental rights pending adoption provided in s. 63.088; and
15 procedures for terminating parental rights pending adoption
16 provided in s. 63.089.
17 Section 23. Section 63.038, Florida Statutes, is
18 created to read:
19 63.038 Prohibited acts.--A person who knowingly and
20 willfully provides false information under this chapter or
21 who, with the intent to defraud, accepts benefits related to
22 the same pregnancy from more than one agency or intermediary
23 without disclosing that fact to each entity commits a
24 misdemeanor of the second degree, punishable as provided in s.
25 775.082 or s. 775.083. In addition to any other penalty or
26 liability allowed by law, a person who knowingly and willfully
27 provides false information under this chapter or who, with
28 intent to defraud, accepts benefits related to the same
29 pregnancy from more than one agency or intermediary without
30 disclosing that fact to each entity and to any prospective
31 adoptive parent providing sums for the payment of the benefits
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1 is liable for sums paid by anyone who paid sums permitted
2 under this chapter in anticipation of or in connection with an
3 adoption. A person seeking to collect moneys under this
4 section may do so by filing a civil action or may be awarded
5 restitution in a criminal prosecution.
6 Section 24. Section 63.039, Florida Statutes, is
7 created to read:
8 63.039 Duty of adoption entity to prospective adoptive
9 parents; sanctions.--
10 (1) An adoption entity placing a minor for adoption
11 has an affirmative duty to follow the requirements of this
12 chapter, specifically the following provisions, which protect
13 and promote the well-being of persons being adopted and their
14 birth and adoptive parents by promoting certainty, finality,
15 and permanency for such persons:
16 (a) Provide written initial disclosure to the adoptive
17 parent at the time and in the manner required under s.
18 63.085(1);
19 (b) Obtain a written statement by the adoptive parent
20 acknowledging receipt of the written initial disclosure and
21 distribute copies of that acknowledgment at the time and in
22 the manner required under s. 63.085(3);
23 (c) Provide written initial and postbirth disclosure
24 to the birth parent at the time and in the manner required
25 under s. 63.085;
26 (d) Obtain a written statement by the birth parent
27 acknowledging receipt of the written initial and postbirth
28 disclosure and distribute copies of that acknowledgment at the
29 time and in the manner required under s. 63.085(3);
30 (e) When a written consent for adoption is obtained,
31 obtain the consent at the time and in the manner required
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1 under s. 63.082;
2 (f) When a written consent or affidavit of
3 nonpaternity for adoption is obtained, obtain a consent or
4 affidavit of nonpaternity that contains the language required
5 under s. 63.062 or s. 63.082;
6 (g) Include in the petition to terminate parental
7 rights pending adoption all information required under s.
8 63.087(6)(e);
9 (h) Obtain and file the affidavit of inquiry required
10 under s. 63.088(3);
11 (i) When the identity of a person whose consent to
12 adoption is necessary under this chapter is known but the
13 location of such a person is unknown, conduct the
14 due-diligence search and file the affidavit required under s.
15 63.088(4);
16 (j) Serve the petition and notice of hearing to
17 terminate parental rights pending adoption at the time and in
18 the manner required by s. 63.088; and
19 (k) Hold the hearings required under this chapter no
20 sooner than permitted by this chapter.
21 (2) An adoption entity that materially fails to meet a
22 duty specified in subsection (1), may be liable to the
23 prospective adoptive parents for all sums paid by the
24 prospective adoptive parents or on their behalf in
25 anticipation of or in connection with an adoption.
26 (3) If a court finds that a consent taken under this
27 chapter was obtained by fraud or duress attributable to the
28 adoption entity, the court must award all sums paid by the
29 prospective adoptive parents or on their behalf in
30 anticipation of or in connection with the adoption. The court
31 may also award reasonable attorney's fees and costs incurred
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1 by the prospective adoptive parents in connection with the
2 adoption and any litigation related to placement or adoption
3 of a minor. An award under this subsection must be paid
4 directly to the prospective adoptive parents by the adoption
5 entity.
6 (4) If a person whose consent to an adoption is
7 necessary under s. 63.062 prevails in an action to set aside a
8 consent to adoption, a judgment terminating parental rights
9 pending adoption, or a judgment of adoption, the court must
10 award a reasonable attorney's fee to the prevailing party. An
11 award under this subsection is to be paid by the adoption
12 entity if the court finds that the acts or omissions of the
13 entity were the basis for the court's order granting relief to
14 the prevailing party.
15 (5) The court must provide to The Florida Bar any
16 order that imposes sanctions under this section against an
17 attorney, whether acting as an adoption agency or as an
18 intermediary. The court must provide to the Department of
19 Children and Family Services any order that imposes sanctions
20 under this section against an agency. The order must be
21 provided within 30 days after the date that the order was
22 issued.
23 Section 25. Section 63.052, Florida Statutes, is
24 amended to read:
25 63.052 Guardians designated; proof of commitment.--
26 (1) For minors who have been placed for adoption with
27 and permanently committed to an agency, the agency shall be
28 the guardian of the person of the minor child; for those who
29 have been placed for adoption with and permanently committed
30 to the department, the department shall be the guardian of the
31 person of the minor child.
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1 (2) For minors who have been voluntarily surrendered
2 to an intermediary through an execution of consent to
3 adoption, the intermediary shall be responsible for the child
4 until the time a court orders preliminary approval of
5 placement of the child in the prospective adoptive home, at
6 which time the prospective adoptive parents become guardians
7 pending finalization of adoption. Until a court has terminated
8 parental rights pending adoption and has ordered preliminary
9 approval of placement of the minor in the adoptive home, the
10 minor must be placed in the care of a birth relative, placed
11 in foster care, or placed in the care of a prospective
12 adoptive home that has received a favorable home study by a
13 licensed child placing agency, a licensed professional, or an
14 agency described in s. 61.20(2) within 1 year before such
15 placement of the minor with the prospective adoptive parents.
16 The fact that a minor is temporarily placed with the
17 prospective adoptive parents does not give rise to a
18 presumption that the parental rights of the birth parents will
19 subsequently be terminated.
20 (2) For minors who have been placed for adoption with
21 or voluntarily surrendered to an agency, but have not been
22 permanently committed to the agency, the agency shall have the
23 responsibility and authority to provide for the needs and
24 welfare for such minors. For those minors placed for adoption
25 with or voluntarily surrendered to the department, but not
26 permanently committed to the department, the department shall
27 have the responsibility and authority to provide for the needs
28 and welfare for such minors. The adoption entity may
29 department, an intermediary, or a licensed child-placing
30 agency has the authority to authorize all appropriate medical
31 care for a minor the children who has have been placed for
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1 adoption with or voluntarily surrendered to them. The
2 provisions of s. 627.6578 shall remain in effect
3 notwithstanding the guardianship provisions in this section.
4 (3) If a minor is surrendered to an intermediary for
5 subsequent adoption and a suitable prospective adoptive home
6 is not available under s. 63.092 at the time the minor is
7 surrendered to the intermediary or, if the minor is a newborn
8 admitted to a licensed hospital or birth center, at the time
9 the minor is discharged from the hospital or birth center the
10 minor must be placed in licensed foster care, the intermediary
11 shall be responsible for the child until a suitable
12 prospective adoptive home is available under s. 63.092.
13 (4) If a minor child is voluntarily surrendered to an
14 intermediary for subsequent adoption and the adoption does not
15 become final within 180 days, the intermediary must report to
16 the court on the status of the minor child and the court may
17 at that time proceed under s. 39.453 or take action reasonably
18 necessary to protect the best interest of the minor child.
19 (5) The recital in the written consent given by the
20 department that the minor child sought to be adopted has been
21 permanently committed to the department shall be prima facie
22 proof of such commitment. The recital in the written consent
23 given by a licensed child-placing agency or the declaration in
24 an answer or recommendation filed by a licensed child-placing
25 agency that the minor child has been permanently committed and
26 the child-placing agency is duly licensed by the department
27 shall be prima facie proof of such commitment and of such
28 license.
29 (6) Unless otherwise authorized by law, the department
30 is not responsible for expenses incurred by licensed
31 child-placing agencies or intermediaries participating in
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1 placement of a minor child for the purposes of adoption.
2 (7) The court retains jurisdiction over a minor who
3 has been placed for adoption until the adoption is final.
4 After a minor is placed with an adoption entity or prospective
5 adoptive parent, the court has jurisdiction for the purpose of
6 reviewing the status of the minor and the progress being made
7 toward permanent adoptive placement. As part of this
8 continuing jurisdiction, for good cause shown by a person
9 whose consent to an adoption is required under s. 63.062, by a
10 party to any proceeding involving the minor, or upon the
11 court's own motion, the court may review the appropriateness
12 of the adoptive placement of the minor.
13 Section 26. Section 63.062, Florida Statutes, is
14 amended to read:
15 63.062 Persons required to consent to adoption.--
16 (1) Unless supported by one or more of the grounds
17 enumerated under s. 63.089(3) consent is excused by the court,
18 a petition to terminate parental rights pending adoption adopt
19 a minor may be granted only if written consent has been
20 executed as provided in s. 63.082 after the birth of the minor
21 or notice has been served under s. 63.088 to by:
22 (a) The mother of the minor.
23 (b) The father of the minor, if:
24 1. The minor was conceived or born while the father
25 was married to the mother;.
26 2. The minor is his child by adoption;.
27 3. The minor has been established by court proceeding
28 to be his child.
29 (c) If there is no father as set forth in subsection
30 (b), any man for whom the minor has been established to be his
31 child by scientific tests that are generally acceptable within
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1 the scientific community to show a probability of paternity.
2 (d) If there is no father as set forth in subsection
3 (b) or subsection (c), any man who:
4 1.4. He Has acknowledged in writing, signed in the
5 presence of a competent witness, that he is the father of the
6 minor and has filed such acknowledgment with the Office of
7 Vital Statistics of the Department of Health;.
8 2.5. He Has provided the child or the mother during
9 her pregnancy with support in a repetitive, customary manner;.
10 3. Has been identified by the birth mother as a person
11 she has reason to believe may be the father of the minor in an
12 action to terminate parental rights pending adoption pursuant
13 to this chapter; or
14 4. Is a party in any pending proceeding in which
15 paternity, custody, or termination of parental rights
16 regarding the minor is at issue.
17 (e)(c) The minor, if more than 12 years of age, unless
18 the court in the best interest of the minor dispenses with the
19 minor's consent.
20 (2) Any person whose consent is required under
21 paragraph (1)(b), paragraph (1)(c), or paragraph (1)(d) may
22 execute an affidavit of nonpaternity in lieu of a consent
23 under this section and by doing so waives notice to all court
24 proceedings after the date of execution. An affidavit of
25 nonpaternity must be executed under s. 63.082 and the person
26 executing the affidavit must receive disclosure under s.
27 63.085 prior to signing the affidavit. An affidavit of
28 nonpaternity must be in substantially the following form:
29
30 AFFIDAVIT OF NONPATERNITY
31
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1 1. I have personal knowledge of the facts
2 stated herein.
3 2. I have been told that ...... has a child. I
4 shall not establish or
5 claim paternity for this child.
6 3. The child noted herein was not conceived or
7 born while the birth mother was married to me.
8 I AM NOT MARRIED TO THE BIRTH MOTHER, nor do I
9 intend to marry the birth mother.
10 4. I have not provided the birth mother with
11 child support or prebirth support; I have not
12 provided her with prenatal care nor assisted
13 her with medical expenses; I have not provided
14 the birth mother or her child or unborn child
15 with support of any kind, nor do I intend to do
16 so.
17 5. I have no interest in assuming the
18 responsibilities of parenthood for this child.
19 I will not acknowledge in writing to be the
20 father of this child nor institute court
21 proceedings to establish the child to be mine.
22 6. I do not object to any decision or
23 arrangements ... makes regarding this child,
24 including adoption.
25
26 I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO
27 TERMINATE PARENTAL RIGHTS OR FINALIZE AN
28 ADOPTION UNDER THIS CHAPTER.
29
30 (3)(2) The court may require that consent be executed
31 by:
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1 (a) Any person lawfully entitled to custody of the
2 minor; or
3 (b) The court having jurisdiction to determine custody
4 of the minor, if the person having physical custody of the
5 minor has no authority to consent to the adoption.
6 (4)(3) The petitioner must make good faith and
7 diligent efforts as provided under s. 63.088 to notify, and
8 obtain written consent from, the persons required to consent
9 to adoption under s. 63.062 within 60 days after filing the
10 petition. These efforts may include conducting interviews and
11 record searches to locate those persons, including verifying
12 information related to location of residence, employment,
13 service in the Armed Forces, vehicle registration in this
14 state, and corrections records.
15 (5)(4) If parental rights to the minor have previously
16 been terminated, a licensed child-placing agency or the
17 department with which the minor child has been placed for
18 subsequent adoption may provide consent to the adoption. In
19 such case, no other consent is required.
20 (6)(5) A petition to adopt an adult may be granted if:
21 (a) Written consent to adoption has been executed by
22 the adult and the adult's spouse, if any.
23 (b) Written consent to adoption has been executed by
24 the birth parents, if any, or proof of service of process has
25 been filed, showing notice has been served on the parents as
26 provided in this chapter section.
27 Section 27. Section 63.082, Florida Statutes, is
28 amended to read:
29 63.082 Execution of consent or affidavit of
30 nonpaternity; family medical history; withdrawal of consent.--
31 (1) Consent or an affidavit of nonpaternity shall be
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1 executed as follows:
2 (a) If by the person to be adopted, by oral or written
3 statement in the presence of the court or by being
4 acknowledged before a notary public.
5 (b) If by an agency, by affidavit from its authorized
6 representative.
7 (c) If by any other person, in the presence of the
8 court or by affidavit.
9 (d) If by a court, by an appropriate order or
10 certificate of the court.
11 (2) A consent that does not name or otherwise identify
12 the adopting parent is valid if the consent contains a
13 statement by the person consenting that the consent was
14 voluntarily executed and that identification of the adopting
15 parent is not required for granting the consent.
16 (3)(a) The department must provide a consent form and
17 a family social and medical history form to an adoption entity
18 that intermediary who intends to place a child for adoption.
19 The forms completed by the birth parents must be attached to
20 the petition to terminate parental rights pending adoption and
21 must contain such biological and sociological information, or
22 such information as to the family medical history, regarding
23 the minor child and the birth parents as is required by the
24 department. The information must be incorporated into the
25 final home investigation report specified in s. 63.125. The
26 court may also require that the birth mother and birth father
27 must be interviewed by a representative of the department, a
28 licensed child-placing agency, or a professional pursuant to
29 s. 63.092 before the consent is executed, unless the birth
30 parent is found to be an unlocated parent or an unidentified
31 parent. A summary of each interview, or a statement that the
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1 parent is unlocated or unidentified, must be filed with the
2 petition to terminate parental rights pending adoption and
3 included in the final home study filed under s. 63.125.
4 (b) Consent executed by the department, by a licensed
5 child-placing agency, or by an appropriate order or
6 certificate of the court under s. 63.062(3)(b) must be
7 attached to the petition to terminate parental rights pending
8 adoption and must be accompanied by a family medical history
9 that includes such information concerning the medical history
10 of the child and the birth parents as is available or readily
11 obtainable.
12 (c) If any executed consent or social and medical
13 history is unavailable because the person whose consent is
14 required is unlocated or unidentified, the petition must be
15 accompanied by the affidavit of due diligence required under
16 s. 63.088.
17 (4)(a) The consent to an adoption or affidavit of
18 nonpaternity shall not for voluntary surrender must be
19 executed before after the birth of the minor.
20 (b) A consent to adoption of a minor who is to be
21 placed for adoption under s. 63.052 upon the minor's release
22 following birth from a licensed hospital or birth center,
23 shall not be executed sooner than:
24 1. 48 hours from the time of the minor's birth; or
25 2. The day the birth mother is determined in writing,
26 either on a patient chart or in release paperwork to be fit
27 for release from a licensed hospital or birth center;
28 whichever is sooner.
29
30 A consent executed under this paragraph is valid upon
31 execution and thereafter may only be withdrawn when the court
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1 finds that it was obtained by fraud or under duress.
2 (c) When the minor to be adopted is not placed under
3 s. 63.052 upon the minor's release following birth from a
4 licensed hospital or birth center, the consent may be executed
5 at any time after the birth of the minor. While such consent
6 is valid upon execution, it is subject to a 3-day revocation
7 period under subsection (7).
8 (d) The consent or affidavit of nonpaternity must be
9 signed child, in the presence of two witnesses, and be
10 acknowledged before a notary public who is not signing as one
11 of the witnesses. The notary public must legibly note on the
12 consent or affidavit of nonpaternity the date and time the
13 consent or affidavit of nonpaternity was executed. The
14 witnesses' names must be typed or printed underneath their
15 signatures. The witnesses', and their home or business
16 addresses and social security numbers, driver's license
17 numbers, or state identification card numbers must be
18 included. The absence of a social security number, driver's
19 license number, or state identification card number shall not
20 be deemed to invalidate the consent. The person who signs the
21 consent or affidavit has the right to have at least one of the
22 witnesses be an individual who does not have a partnership,
23 employment, agency, or other professional or personal
24 relationship with the adoption entity or the prospective
25 adoptive parents. The person who signs the consent or
26 affidavit of nonpaternity must be given reasonable notice of
27 the right to select a witness of his or her own choosing. The
28 person who signs the consent or affidavit of nonpaternity must
29 acknowledge in writing on the consent or affidavit that such
30 notice was given and indicate the witness, if any, who was
31 selected by the person signing the consent or affidavit. A
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1 consent to adoption must contain, in at least 16-point
2 boldfaced type, an acknowledgement of the birth parent's
3 rights in substantially the following form:
4
5 YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU
6 HAVE THE RIGHT TO DO ANY OF THE FOLLOWING
7 INSTEAD OF SIGNING THIS CONSENT OR BEFORE
8 SIGNING THIS CONSENT:
9
10 (A) CONSULT WITH AN ATTORNEY;
11 (B) HOLD, CARE FOR, AND FEED THE CHILD;
12 (C) PLACE THE CHILD IN FOSTER CARE OR WITH ANY
13 FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS
14 WILLING TO CARE FOR YOUR CHILD;
15 (D) TAKE THE CHILD HOME; AND
16 (E) FIND OUT ABOUT THE COMMUNITY RESOURCES
17 THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO
18 THROUGH WITH THE ADOPTION.
19
20 IF YOU DO SIGN THIS CONSENT, YOU ARE
21 RELINQUISHING ALL RIGHTS TO YOUR CHILD. YOUR
22 CONSENT IS VALID AND BINDING UNLESS WITHDRAWN
23 AS PERMITTED BY LAW. WHEN RELINQUISHING YOUR
24 RIGHTS TO A CHILD WHO IS TO BE PLACED FOR
25 ADOPTION UNDER S. 63.052, F.S., UPON THE
26 MINOR'S RELEASE FOLLOWING BIRTH FROM A LICENSED
27 HOSPITAL OR BIRTH CENTER, A WAITING PERIOD WILL
28 BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT FOR
29 ADOPTION. YOU WILL BE REQUIRED TO WAIT 48 HOURS
30 FROM THE TIME OF BIRTH, OR UNTIL THE BIRTH
31 MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON
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1 HER CHART OR IN RELEASE PAPERS THAT SHE IS FIT
2 TO BE RELEASED FROM A LICENSED HOSPITAL OR
3 BIRTHING CENTER, WHICHEVER IS SOONER, BEFORE
4 YOU MAY SIGN THE CONSENT FOR ADOPTION. ONCE YOU
5 HAVE SIGNED THE CONSENT, IT IS VALID AND
6 BINDING AND CANNOT BE WITHDRAWN UNLESS A COURT
7 FINDS THAT IT WAS OBTAINED THROUGH FRAUD OR
8 UNDER DURESS. IF YOU ARE RELINQUISHING YOUR
9 RIGHTS TO A CHILD WHO IS NOT PLACED UNDER S.
10 63.052, F.S., UPON THE MINOR'S RELEASE
11 FOLLOWING BIRTH FROM A LICENSED HOSPITAL OR
12 BIRTH CENTER, THE CONSENT MAY BE EXECUTED AT
13 ANY TIME AFTER THE BIRTH OF THE MINOR. WHILE
14 SUCH CONSENT IS VALID UPON EXECUTION, IT IS
15 SUBJECT TO A 3-DAY REVOCATION PERIOD.
16
17 WHEN THE REVOCATION PERIOD APPLIES, YOU MAY
18 WITHDRAW YOUR CONSENT FOR ANY REASON IF YOU DO
19 SO WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU
20 SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE
21 DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A
22 LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS
23 LATER.
24
25 YOU MAY DO THIS BY NOTIFYING THE ADOPTION
26 ENTITY IN WRITING THAT YOU ARE WITHDRAWING YOUR
27 CONSENT. YOU MAY DO THIS BY PRESENTING A LETTER
28 AT A UNITED STATES POST OFFICE AND ASKING THAT
29 THE LETTER BE SENT BY CERTIFIED UNITED STATES
30 MAIL WITH RETURN RECEIPT REQUESTED WITHIN 3
31 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE
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1 CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE
2 BIRTH MOTHER'S DISCHARGE FROM A LICENSED
3 HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER.
4 AS USED IN THIS SECTION, THE TERM "BUSINESS
5 DAY" MEANS A DAY ON WHICH THE UNITED STATES
6 POST OFFICE ACCEPTS CERTIFIED MAIL FOR
7 DELIVERY. THE COST OF THIS MUST BE PAID AT THE
8 TIME OF MAILING AND THE RECEIPT SHOULD BE
9 RETAINED AS PROOF THAT CONSENT WAS WITHDRAWN IN
10 A TIMELY MANNER.
11
12 THE ADOPTION ENTITY YOU SHOULD NOTIFY IS:
13 ...(Name of Adoption Entity)..., ...(Address of
14 Adoption Entity)..., ...(Phone Number of
15 Adoption Entity).... FOLLOWING 3 BUSINESS DAYS
16 AFTER THE DATE YOU SIGNED THE CONSENT OR 1
17 BUSINESS DAY AFTER THE DATE OF THE BIRTH
18 MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR
19 BIRTH CENTER, WHICHEVER IS LATER, YOU MAY
20 WITHDRAW YOUR CONSENT ONLY IF YOU CAN PROVE IN
21 COURT THAT CONSENT WAS OBTAINED BY FRAUD OR
22 DURESS.
23
24 (5) Before any consent to adoption or affidavit of
25 nonpaternity is executed by a birth parent, but after the
26 birth of the child, all requirements of disclosure under s.
27 63.085 must be met.
28 (6) A copy of each consent signed in an action for
29 termination of parental rights pending adoption must be
30 provided to each person whose consent is required under s.
31 63.062. A copy of each consent must be hand delivered, with a
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1 written acknowledgement of receipt signed by the person whose
2 consent is required, or mailed by first class United States
3 mail to the address of record in the court file. If a copy of
4 a consent cannot be provided as required in this section, the
5 adoption entity must execute an acknowledgement that states
6 the reason the copy of the consent is undeliverable. The
7 original consent and acknowledgment of receipt, or the
8 acknowledgment of mailing by the adoption entity, must be
9 filed with the petition for termination of parental rights
10 pending adoption.
11 (7)(5) Consent executed under subsection (4) paragraph
12 (c) may be withdrawn for any reason by notifying the adoption
13 entity in writing by certified United States mail, return
14 receipt requested, not later than 3 business days after
15 execution of the consent or 1 business day after the date of
16 the birth mother's discharge from a licensed hospital or birth
17 center, whichever occurs later. As used in this subsection,
18 the term "business day" means a day on which the United States
19 Post Office accepts certified mail for delivery. Upon
20 receiving written notice from a person of that person's desire
21 to withdraw consent, the adoption entity must contact the
22 prospective adoptive parent to arrange a time certain for the
23 adoption entity to regain physical custody of the child,
24 unless upon motion for emergency hearing by the adoption
25 entity, the court determines in written findings that
26 placement of the minor with the person withdrawing consent may
27 endanger the minor. If the court finds that such placement may
28 endanger the minor, the court must enter an order regarding
29 continued placement of the child. The order shall include, but
30 not be limited to, whether temporary placement in foster care
31 is appropriate, whether an investigation by the Department of
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1 Children and Families is recommended, and whether a relative
2 within the third degree is available for the temporary
3 placement. In addition, if the person withdrawing consent
4 claims to be the father of the minor but has not been
5 established to be the father by marriage, court order, or
6 scientific testing, the court may order scientific paternity
7 testing and reserve ruling on removal of the child until the
8 results of such testing have been filed with the court. The
9 adoption entity must return the minor within 3 days to the
10 physical custody of the person withdrawing consent.
11 Thereafter, consent may be withdrawn only when the court finds
12 that the consent was obtained by fraud or duress. An affidavit
13 of nonpaternity may be withdrawn only if the court finds that
14 the affidavit of nonpaternity was obtained by fraud. The
15 adoption entity must include its name, address, and telephone
16 number on the consent form.
17 Section 28. Section 63.085, Florida Statutes, is
18 amended to read:
19 (Substantial rewording of section. See
20 s. 63.085, F.S., for present text.)
21 63.085 Disclosure by adoption entity.--
22 (1) DISCLOSURE REQUIRED TO BIRTH PARENTS AND
23 PROSPECTIVE ADOPTIVE PARENTS.--Not later than 7 days after a
24 person seeking to adopt a minor or a person seeking to place a
25 minor for adoption contacts an adoption entity in person or
26 provides the adoption entity with a mailing address, the
27 entity must provide a written disclosure statement to that
28 person. If a birth parent did not initially contact the
29 adoption entity, the written disclosure must be provided
30 within 7 days after that birth parent is identified and
31 located. The written disclosure statement must be in
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1 substantially the following form:
2
3 ADOPTION DISCLOSURE
4
5 THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE
6 PROVIDED TO ALL PERSONS CONSIDERING ADOPTION TO
7 ADVISE THEM OF THE FOLLOWING FACTS REGARDING
8 ADOPTION UNDER FLORIDA LAW:
9
10 1. Under section 63.212, Florida
11 Statutes, the existence of a placement or
12 adoption contract signed by the birth parent or
13 adoptive parent, prior approval of that
14 contract by the court, or payment of any
15 expenses permitted under Florida law does not
16 obligate anyone to sign a consent or ultimately
17 place a minor for adoption.
18 2. Under section 63.092, Florida
19 Statutes, a favorable preliminary home study
20 and a home investigation of the prospective
21 adoptive home must be completed as required by
22 chapter 63, Florida Statutes, before the minor
23 may be placed in that home.
24 3. Under section 63.082, Florida
25 Statutes, a consent for adoption or affidavit
26 of nonpaternity may not be signed until after
27 the birth of the minor. The consent or
28 affidavit of nonpaternity is valid and binding
29 upon execution unless withdrawn as permitted
30 under section 63.082, Florida Statutes. If the
31 minor is to be placed for adoption upon leaving
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1 the hospital, the consent may not be signed
2 until 48 hours after birth or the day the birth
3 mother is released from the hospital. If the
4 minor is not placed for adoption upon leaving
5 the hospital, a 3-day revocation period
6 applies. Consent may be withdrawn for any
7 reason by notifying the adoption entity in
8 writing. In order to withdraw consent, the
9 written withdrawal of consent must be mailed no
10 later than 3 business days after execution of
11 the consent or 1 business day after the date of
12 the birth mother's discharge from a licensed
13 hospital or birth center, whichever occurs
14 later. The letter must be mailed certified
15 mail, return receipt requested. This is done by
16 presenting it at any United States Post Office,
17 and asking that the letter be sent by certified
18 United States mail with return receipt
19 requested. The cost of this must be paid at the
20 time of mailing and the receipt should be
21 retained as proof that consent was withdrawn in
22 a timely manner. For purposes of this chapter,
23 the term "business day" means a day on which
24 the United States Post Office accepts certified
25 mail for delivery. Upon receiving written
26 notice from a person of that person's desire to
27 withdraw consent, the adoption entity must
28 contact the prospective adoptive parent to
29 arrange a time certain to regain physical
30 custody of the child. The adoption entity must
31 return the minor within 3 days to the physical
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1 custody of the person withdrawing consent.
2 Thereafter, consent may be withdrawn only if
3 the court finds that consent was obtained by
4 fraud. An affidavit of nonpaternity, once
5 executed, may be withdrawn only if the court
6 finds that it was obtained by fraud.
7 4. Under section 63.082, Florida
8 Statutes, a person who signs a consent or
9 affidavit of nonpaternity for adoption must be
10 given reasonable notice of his or her right to
11 select a person who does not have a
12 partnership, employment, agency, or other
13 professional or personal relationship with the
14 adoption entity or the prospective adoptive
15 parents to be present when the consent or
16 affidavit of nonpaternity is executed and to
17 sign the consent or affidavit as a witness.
18 5. Under section 63.088, Florida
19 Statutes, specific and extensive efforts are
20 required by law to attempt to obtain the
21 consents required under section 63.062, Florida
22 Statutes. If these efforts are unsuccessful, an
23 order terminating parental rights pending
24 adoption may not be issued by the court until
25 those requirements have been met and an
26 affidavit of service has been filed with the
27 court.
28 6. Under Florida law, an intermediary may
29 represent the legal interests of only the
30 adoptive parents, not of any birth parent. Each
31 person whose consent to an adoption is required
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1 under section 63.062, Florida Statutes,
2 including each birth parent, is entitled to
3 seek independent legal advice and
4 representation before signing any document or
5 surrendering parental rights.
6 7. Under section 63.089, Florida
7 Statutes, the termination of parental rights
8 will occur simultaneously with the entry of a
9 judgment terminating parental rights pending
10 adoption.
11 8. Under section 63.182, Florida
12 Statutes, an action or proceeding of any kind
13 to vacate, set aside, or otherwise nullify an
14 order of adoption or an underlying order
15 terminating parental rights pending adoption on
16 any ground, including fraud or duress, must be
17 filed within 1 year after entry of the order
18 terminating parental rights pending adoption.
19 9. Under section 63.182, Florida
20 Statutes, for 1 year after the entry of a
21 judgment of adoption, any irregularity or
22 procedural defect in the adoption proceeding
23 may be the subject of an appeal contesting the
24 validity of the judgment.
25 10. Under section 63.089, Florida
26 Statutes, a judgment terminating parental
27 rights pending adoption is voidable and any
28 later judgment of adoption of that minor is
29 voidable if, upon the motion of a birth parent,
30 the court finds that any person knowingly gave
31 false information that prevented the birth
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1 parent from timely making known his or her
2 desire to assume parental responsibilities
3 toward the minor or meeting the requirements
4 under chapter 63, Florida Statutes, to exercise
5 his or her parental rights. A motion under
6 section 63.089, Florida Statutes, must be filed
7 with the court originally entering the
8 judgment. The motion must be filed within a
9 reasonable time, but not later than 1 year
10 after the date the judgment to which the motion
11 is directed was entered.
12 11. Under section 63.165, Florida
13 Statutes, the State of Florida maintains a
14 registry of adoption information. Information
15 about the registry is available from the
16 Department of Children and Family Services.
17 12. Under section 63.032, Florida
18 Statutes, a court may find that a birth parent
19 has abandoned his or her child based on conduct
20 during the pregnancy or based on conduct after
21 the child is born. In addition, under section
22 63.089, Florida Statutes, the failure of a
23 birth parent to respond to notices of
24 proceedings involving his or her child shall
25 result in termination of parental rights of a
26 birth parent. A lawyer can explain what a birth
27 parent must do to protect his or her parental
28 rights. Any birth parent wishing to protect his
29 or her parental rights should act IMMEDIATELY.
30 13. Each birth parent and adoptive parent
31 is entitled to independent legal advice and
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1 representation. Attorney information may be
2 obtained from the yellow pages, The Florida
3 Bar's lawyer referral service, and local legal
4 aid offices and bar associations.
5 14. There are counseling services
6 available in the community to assist in making
7 a parenting decision. Consult the yellow pages
8 of the telephone directory.
9 15. Medical and social services support
10 is available if the birth parent wishes to
11 retain parental rights and responsibilities.
12 Consult the Department of Children and Family
13 Services.
14
15 (2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
16 must obtain a written statement acknowledging receipt of the
17 disclosure required under subsection (1) and signed by the
18 persons receiving the disclosure or, if it is not possible to
19 obtain such an acknowledgement, the adoption entity must
20 execute an affidavit stating why an acknowledgement could not
21 be obtained. A copy of the acknowledgement of receipt of the
22 disclosure must be provided to the person signing it. A copy
23 of the acknowledgement or affidavit executed by the adoption
24 entity in lieu of the acknowledgement must be maintained in
25 the file of the adoption entity. The original acknowledgement
26 or affidavit must be filed with the court. In the case of a
27 disclosure provided under subsection (1), the original
28 acknowledgement or affidavit must be included in the
29 preliminary home study required in s. 63.092(3).
30 (3) POST-BIRTH DISCLOSURE TO BIRTH PARENTS.--Before
31 execution of any consent to adoption by a birth parent, but
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1 after the birth of the minor, all requirements of subsections
2 (1) and (2) for making certain disclosures to a birth parent
3 and obtaining a written acknowledgment of receipt must be
4 repeated.
5 Section 29. Section 63.087, Florida Statutes, is
6 created to read:
7 63.087 Proceeding to terminate parental rights pending
8 adoption; general provisions.--
9 (1) INTENT.--It is the intent of the Legislature to
10 provide a proceeding in which the court determines whether a
11 minor is legally available for adoption through a separate
12 proceeding to address termination of parental rights prior to
13 the filing of a petition for adoption.
14 (2) GOVERNING RULES.--The Florida Family Law Rules of
15 Procedure govern a proceeding to terminate parental rights
16 pending adoption unless otherwise provided by law.
17 (3) JURISDICTION.--A court of this state which is
18 competent to decide child welfare or custody matters has
19 jurisdiction to hear all matters arising from a proceeding to
20 terminate parental rights pending adoption. All subsequent
21 proceedings for the adoption of the minor, if the petition for
22 termination is granted, must be conducted by the same judge as
23 these proceedings whenever possible.
24 (4) VENUE.--A petition to terminate parental rights
25 pending adoption must be filed in the county where the child
26 resided for the prior 6 months or, if the child is younger
27 than 6 months of age, in the county where the birth mother or
28 birth father resided at the time of the execution of the
29 consent to adoption or the affidavit of nonpaternity, or, if
30 there is no consent or affidavit of nonpaternity executed by a
31 birth parent, in the county where the birth mother resides.
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1 (5) PREREQUISITE FOR ADOPTION.--A petition for
2 adoption may not be filed until 30 days after the date the
3 judge signed the judgment terminating parental rights pending
4 adoption under this chapter, unless the adoptee is an adult or
5 the minor has been the subject of a judgment terminating
6 parental rights under chapter 39.
7 (6) PETITION.--
8 (a) A proceeding seeking to terminate parental rights
9 pending adoption pursuant to this chapter must be commenced by
10 the filing of an original petition after the birth of the
11 minor.
12 (b) The petition may be filed by a birth parent or
13 legal guardian of the minor.
14 (c) The petition must be entitled: "In the Matter of
15 the Proposed Adoption of a Minor Child."
16 (d) If a petition for a declaratory statement under s.
17 63.102 has previously been filed, a subsequent petition to
18 terminate parental rights pending adoption may, at the request
19 of any party or on the court's own motion, be consolidated
20 with that previous action. If the petition to terminate
21 parental rights pending adoption is consolidated with a prior
22 petition filed under this chapter for which a filing fee has
23 been paid, the petitioner may not be charged a subsequent or
24 additional filing fee.
25 (e) The petition to terminate parental rights pending
26 adoption must be in writing and signed by the petitioner under
27 oath stating the petitioner's good faith in filing the
28 petition. A written consent, affidavit of nonpaternity, or
29 affidavit of due diligence under s. 63.088, for each person
30 whose consent is required under s. 63.062, must be attached.
31 (f) The petition must include:
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1 1. The minor's name, gender, date of birth, and place
2 of birth. The petition must contain all names by which the
3 minor is or has been known, including the minor's legal name
4 at the time of the filing of the petition, to allow interested
5 parties to the action, including birth parents, legal
6 guardians, persons with custodial or visitation rights to the
7 minor, and persons entitled to notice pursuant to the Uniform
8 Child Custody Jurisdiction Act or the Indian Child Welfare
9 Act, to identify their own interest in the action.
10 2. If the petition is filed before the day the minor
11 is 6 months old and if the identity or location of the birth
12 father is unknown, each city in which the birth mother resided
13 or traveled during the 12 months prior to the minor's birth,
14 including the county and state in which that city is located.
15 3. Unless the consent of each person whose consent is
16 required under s. 63.062 or an affidavit of nonpaternity is
17 attached to the petition, the name and address or, if a
18 specific address is unknown, the city, including the county
19 and state in which that city is located, of:
20 a. The minor's mother;
21 b. Any man whom the mother reasonably believes may be
22 the minor's father; and
23 c. Any legal custodian of the minor.
24
25 If a required name or address is not known, the petition must
26 so state.
27 4. All information required by the Uniform Child
28 Custody Jurisdiction Act and the Indian Child Welfare Act.
29 5. A statement of the grounds under s. 63.089 upon
30 which the petition is based.
31 6. The name, address, and telephone number of any
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1 adoption entity seeking to place the minor for adoption.
2 7. The name, address, and phone number of the division
3 of the circuit in which the petition is to be filed.
4 (7) ANSWER NOT REQUIRED.--An answer to the petition or
5 any pleading need not be filed by any minor, parent, or legal
6 custodian, but any matter that might be set forth in an answer
7 or other pleading may be pleaded orally before the court or
8 filed in writing as any such person may choose.
9 Notwithstanding the filing of any answer or any pleading, any
10 person present at the hearing to terminate parental rights
11 pending adoption whose consent to adoption is required under
12 s. 63.062 must:
13 (a) Be advised by the court that he or she has a right
14 to ask that the hearing be reset for a later date so that the
15 person may consult with an attorney;
16 (b) Be given an opportunity to deny the allegations in
17 the petition; and
18 (c) Be given the opportunity to challenge the validity
19 of any consents or affidavits of nonpaternity signed by any
20 person.
21 Section 30. Section 63.088, Florida Statutes, is
22 created to read:
23 63.088 Proceeding to terminate parental rights pending
24 adoption; notice and service.--
25 (1) INITIATE LOCATION AND IDENTIFICATION
26 PROCEDURES.--When the location or identity of a person whose
27 consent to an adoption is required but is not known, the
28 adoption entity must begin the inquiry and diligent search
29 process required by this section not later than 7 days after
30 the date on which the person seeking to place a minor for
31 adoption has evidenced in writing to the entity a desire to
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1 place the minor for adoption with that entity or not later
2 than 7 days after the date any money is provided as permitted
3 under this chapter by the adoption entity for the benefit of
4 the person seeking to place a minor for adoption.
5 (2) LOCATION AND IDENTITY KNOWN.--Before the court may
6 determine that a minor is available for adoption, and in
7 addition to the other requirements set forth in this chapter,
8 each person whose consent is required under s. 63.062, who has
9 not executed an affidavit of nonpaternity, and whose location
10 and identity has been determined by compliance with the
11 procedures in this section must be personally served, pursuant
12 to chapter 48, at least 30 days before the hearing with a copy
13 of the petition to terminate parental rights pending adoption
14 and with notice in substantially the following form:
15
16 NOTICE OF PETITION AND HEARING
17 TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION
18
19 A petition to terminate parental rights pending
20 adoption has been filed. A copy of the petition
21 is being served with this notice. There will be
22 a hearing on the petition to terminate parental
23 rights pending adoption on ... (date) ... at
24 ... (time) ... before ... (judge) ... at ...
25 (location, including complete name and street
26 address of the courthouse) .... The court has
27 set aside ... (amount of time) ... for this
28 hearing.
29
30 UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE
31 TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH
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1 THE COURT OR TO APPEAR AT THIS HEARING
2 CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL
3 END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING
4 THE MINOR CHILD.
5
6 (3) REQUIRED INQUIRY.--In all cases filed under this
7 section, the court must conduct the following inquiry of the
8 person who is placing the minor for adoption and of any
9 relative or custodian of the minor who is present at the
10 hearing and likely to have the following information:
11 (a) Whether the mother of the minor was married at any
12 time when conception of the minor may have occurred or at the
13 time of the birth of the minor;
14 (b) Whether the mother was cohabiting with a male at
15 any time when conception of the minor may have occurred;
16 (c) Whether the mother has received payments or
17 promises of support with respect to the minor or, because of
18 her pregnancy, from any person she has reason to believe may
19 be the father;
20 (d) Whether the mother has named any person as the
21 father on the birth certificate of the minor or in connection
22 with applying for or receiving public assistance;
23 (e) Whether any person has acknowledged or claimed
24 paternity of the minor; and
25 (f) Whether the mother knows the identity of any
26 person whom she has reason to believe may be the father.
27
28 The information required under this subsection may be provided
29 to the court in the form of a sworn affidavit by a person
30 having personal knowledge of the facts, addressing each
31 inquiry enumerated in this subsection. The inquiry required
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1 under this subsection may be conducted before the birth of the
2 minor.
3 (4) LOCATION UNKNOWN; IDENTITY DETERMINED.--If the
4 inquiry by the court under subsection (3) identifies any
5 person whose consent is required under s. 63.062 and who has
6 not executed an affidavit of nonpaternity, and the location of
7 the person from whom consent is required is unknown, the
8 adoption entity must conduct a diligent search for that person
9 which must include the following inquiries:
10 (a) The person's current address, or any previous
11 address, through an inquiry of the United States Post Office
12 through the Freedom of Information Act;
13 (b) The last known employment of the person, including
14 the name and address of the person's employer. Inquiry should
15 be made of the last known employer as to any address to which
16 wage and earnings statements (W-2 forms) of the person have
17 been mailed. Inquiry should be made of the last known employer
18 as to whether the person is eligible for a pension or
19 profit-sharing plan and any address to which pension or other
20 funds have been mailed;
21 (c) Union memberships the person may have held or
22 unions that governed the person's particular trade or craft in
23 the area where the person last resided;
24 (d) Regulatory agencies, including those regulating
25 licensing in the area where the person last resided;
26 (e) Names and addresses of relatives to the extent
27 such can be reasonably obtained from the petitioner or other
28 sources, contacts with those relatives, and inquiry as to the
29 person's last known address. The petitioner shall pursue any
30 leads of any addresses where the person may have moved.
31 Relatives include, but are not limited to, parents, brothers,
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1 sisters, aunts, uncles, cousins, nieces, nephews,
2 grandparents, great grandparents, former in-laws, stepparents,
3 and stepchildren;
4 (f) Information as to whether or not the person may
5 have died, and if so, the date and location;
6 (g) Telephone listings in the area where the person
7 last resided;
8 (h) Inquiries of law enforcement agencies in the area
9 where the person last resided;
10 (i) Highway patrol records in the state where the
11 person last resided;
12 (j) Department of Corrections records in the state
13 where the person last resided;
14 (k) Hospitals in the area where the person last
15 resided;
16 (l) Records of utility companies, including water,
17 sewer, cable TV, and electric companies in the area where the
18 person last resided;
19 (m) Records of the Armed Forces of the United States
20 as to whether there is any information as to the person;
21 (n) Records of the tax assessor and tax collector in
22 the area where the person last resided; and
23 (o) Search of one Internet data bank locator service.
24
25 Any person contacted by a petitioner who is requesting
26 information pursuant to this subsection must release the
27 requested information to the petitioner, except when
28 prohibited by law, without the necessity of a subpoena or
29 court order. An affidavit of diligent search executed by the
30 petitioner and the adoption entity must be filed with the
31 court confirming completion of each aspect of the diligent
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1 search enumerated in this subsection and specifying the
2 results. The diligent search required under this subsection
3 may be conducted before the birth of the minor.
4 (5) LOCATION NOT DETERMINED OR IDENTITY UNKNOWN.--This
5 subsection only applies if, as to any person whose consent is
6 required under s. 63.062 and who has not executed an affidavit
7 of nonpaternity, the location or identity of the person is
8 unknown and the inquiry under subsection (3) fails to identify
9 the person or the due diligence search under subsection (4)
10 fails to locate the person. The unlocated or unidentified
11 person must be served notice under s. 63.088(2), of the
12 petition and hearing to terminate parental rights pending
13 adoption by constructive service in the manner provided in
14 chapter 49 in each county identified in the petition, as
15 provided in s. 63.087(6). The notice, in addition to all
16 information required in the petition under s. 63.087(6) and
17 chapter 49, must contain a physical description, including,
18 but not limited to, age, race, hair and eye color, and
19 approximate height and weight of the minor's mother and of any
20 person the mother reasonably believes may be the father; the
21 minor's date of birth; and any date and city, including the
22 county and state in which the city is located, in which
23 conception may have occurred. If any of the facts that must be
24 included in the petition under this subsection are unknown and
25 cannot be reasonably ascertained, the petition must so state.
26 Section 31. Section 63.089, Florida Statutes, is
27 created to read:
28 63.089 Proceeding to terminate parental rights pending
29 adoption.--
30 (1) HEARING.--The court may terminate parental rights
31 pending adoption only after a full evidentiary hearing.
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1 (2) HEARING PREREQUISITES.--The court may hold the
2 hearing only when:
3 (a) For each person whose consent is required under s.
4 63.062:
5 1. A consent under s. 63.082 has been executed and
6 filed within the court;
7 2. An affidavit of nonpaternity under s. 63.082 has
8 been executed and filed with the court; or
9 3. Notice has been provided under ss. 63.087 and
10 63.088;
11 (b) For each notice and petition that must be served
12 under ss. 63.087 and 63.088:
13 1. At least 30 days have elapsed since the date of
14 personal service and an affidavit of service has been filed
15 with the court;
16 2. At least 60 days have elapsed since the first date
17 of publication of constructive service and an affidavit of
18 service has been filed with the court; or
19 3. An affidavit of nonpaternity which affirmatively
20 waives service has been executed and filed with the court;
21 (c) The minor named in the petition has been born; and
22 (d) The petition contains all information required
23 under s. 63.087 and all affidavits of inquiry, due diligence,
24 and service required under s. 63.088 have been obtained and
25 filed with the court.
26 (3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
27 ADOPTION.--The court may issue a judgment terminating parental
28 rights pending adoption if the court determines by clear and
29 convincing evidence that each person whose consent to an
30 adoption is required under s. 63.062:
31 (a) Has executed a valid consent that has not been
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1 withdrawn under s. 63.082 and the consent was obtained
2 according to the requirements of this chapter;
3 (b) Has executed an affidavit of nonpaternity and the
4 affidavit was obtained according to the requirements of this
5 chapter;
6 (c) Has been properly served notice of the proceeding
7 in accordance with the requirements of this chapter and has
8 failed to file a written answer or appear at the evidentiary
9 hearing resulting in the order terminating parental rights
10 pending adoption;
11 (d) Has abandoned the minor as abandonment is defined
12 in s. 63.032(14);
13 (e) Is a parent of the person to be adopted, which
14 parent has been judicially declared incapacitated with
15 restoration of competency found to be medically improbable;
16 (f) Is a legal guardian or lawful custodian of the
17 person to be adopted, other than a parent, who has failed to
18 respond in writing to a request for consent for a period of 60
19 days or, after examination of his or her written reasons for
20 withholding consent, is found by the court to be withholding
21 his or her consent unreasonably; or
22 (g) Is the spouse of the person to be adopted who has
23 failed to consent, and the failure of the spouse to consent to
24 the adoption is excused by reason of prolonged and unexplained
25 absence, unavailability, incapacity, or circumstances that are
26 found by the court to constitute unreasonable withholding of
27 consent.
28 (4) FINDING OF ABANDONMENT.--A finding of abandonment
29 resulting in a termination of parental rights must be based
30 upon clear and convincing evidence. A finding of abandonment
31 may not be based upon a lack of emotional support to a birth
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1 mother during her pregnancy.
2 (a) In making a determination of abandonment the court
3 must consider:
4 1. Whether the actions alleged to constitute
5 abandonment demonstrate a willful disregard for the safety of
6 the child or unborn child;
7 2. Whether other persons prevented the person alleged
8 to have abandoned the child from making the efforts referenced
9 in this subsection;
10 3. Whether the person alleged to have abandoned the
11 child, while being able, refused to provide financial support
12 when such support was requested by the child's legal guardian
13 or custodian;
14 4. Whether the person alleged to have abandoned the
15 child, while being able, refused to pay for medical treatment
16 when such payment was requested by the child's legal guardian
17 or custodian and those expenses were not covered by insurance
18 or other available sources;
19 5. Whether the amount of support provided or medical
20 expenses paid was appropriate, taking into consideration the
21 needs of the child and relative means and resources available
22 to the person alleged to have abandoned the child and
23 available to the child's legal guardian or custodian during
24 the period the child allegedly was abandoned; and
25 6. Whether the child's legal guardian or custodian
26 made the child's whereabouts known to the person alleged to
27 have abandoned the child; advised that person of the needs of
28 the child or the needs of the mother of an unborn child with
29 regard to the pregnancy; or informed that person of events
30 such as medical appointments and tests relating to the child
31 or, if unborn, the pregnancy.
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1 (b) The child has been abandoned when the parent of a
2 child is incarcerated on or after October 1, 1998, in a state
3 or federal correctional institution and sentenced to a term of
4 incarceration of 8 years or longer, regardless of how long the
5 person is actually incarcerated under that sentence or how
6 long the person will be incarcerated after October 1, 1998,
7 and:
8 1. The period of time for which the parent is expected
9 to be incarcerated will constitute a substantial portion of
10 the period of time before the child will attain the age of 18
11 years;
12 2. The incarcerated parent has been determined by the
13 court to be a violent career criminal as defined in s.
14 775.084, a habitual violent felony offender as defined in s.
15 775.084, or a sexual predator as defined in s. 775.21; has
16 been convicted of first degree or second degree murder in
17 violation of s. 782.04 or a sexual battery that constitutes a
18 capital, life, or first degree felony violation of s. 794.011;
19 or has been convicted of an offense in another jurisdiction
20 which is substantially similar to one of the offenses listed
21 in this paragraph. As used in this section, the term
22 "substantially similar offense" means any offense that is
23 substantially similar in elements and penalties to one of
24 those listed in this paragraph, and that is in violation of a
25 law of any other jurisdiction, whether that of another state,
26 the District of Columbia, the United States or any possession
27 or territory thereof, or any foreign jurisdiction; and
28 3. The court determines by clear and convincing
29 evidence that continuing the parental relationship with the
30 incarcerated parent would be harmful to the child and, for
31 this reason, that termination of the parental rights of the
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1 incarcerated parent is in the best interest of the child.
2 (c) The only conduct of a father toward a mother
3 during pregnancy that the court may consider in determining
4 whether the child has been abandoned is conduct that occurred
5 after reasonable and diligent efforts have been made to inform
6 the father that he is, or may be, the father of the child.
7 (5) DISMISSAL OF CASE WITH PREJUDICE.--If the court
8 does not find by clear and convincing evidence that parental
9 rights of a birth parent should be terminated pending
10 adoption, the court must dismiss the case with prejudice and
11 that birth parent's parental rights remain in full force under
12 the law. Parental rights may not be terminated based upon a
13 consent that the court finds has been timely withdrawn under
14 s. 63.082 or a consent or affidavit of nonpaternity that the
15 court finds was obtained by fraud. The court must enter an
16 order based upon written findings providing for the placement
17 of the minor. The court may order scientific testing to
18 determine the paternity of the minor at any time during which
19 the court has jurisdiction over the minor. Further
20 proceedings, if any, regarding the minor must be brought in a
21 separate custody action under chapter 61, a dependency action
22 under chapter 39, or a paternity action under chapter 742.
23 (6) A JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
24 ADOPTION.--
25 (a) The judgment terminating parental rights pending
26 adoption must be in writing and contain findings of fact as to
27 the grounds for terminating parental rights pending adoption.
28 (b) The clerk of the court shall mail a copy of the
29 judgment within 24 hours after filing to the department, the
30 petitioner, and the respondent. The clerk shall execute a
31 certificate of each mailing.
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1 (c) A judgment terminating parental rights pending
2 adoption is voidable and any later judgment of adoption of
3 that minor is voidable if, upon the motion of a birth parent,
4 the court finds that a person knowingly gave false information
5 that prevented the birth parent from timely making known his
6 or her desire to assume parental responsibilities toward the
7 minor or meeting the requirements under this chapter to
8 exercise his or her parental rights. A motion under this
9 paragraph must be filed with the court originally entering the
10 judgment. The motion must be filed within a reasonable time,
11 but not later than 1 year after the date the termination of
12 parental rights final order was entered.
13 (d) Not later than 30 days after the filing of a
14 motion under this subsection, the court must conduct a
15 preliminary hearing to determine what contact, if any, shall
16 be permitted between a birth parent and the child pending
17 resolution of the motion. Such contact shall only be
18 considered if it is requested by a birth parent who has
19 appeared at the hearing. If the court orders contact between a
20 birth parent and child, the order must be issued in writing as
21 expeditiously as possible and must state with specificity any
22 provisions regarding contact with persons other than those
23 with whom the child resides.
24 (e) At the preliminary hearing, the court, upon the
25 motion of any party or its own motion, may order scientific
26 testing to determine the paternity of the minor if the person
27 seeking to set aside the judgment is alleging to be the
28 child's birth father and that fact has not previously been
29 determined by legitimacy or scientific testing. The court may
30 order supervised visitation with a person from whom scientific
31 testing for paternity has been ordered conditional upon the
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1 filing of those test results with the court and such results
2 establish that person's paternity of the minor.
3 (f) No later than 45 days after the preliminary
4 hearing, the court must conduct a final hearing on the motion
5 to set aside the judgment and issue its written order as
6 expeditiously as possible thereafter.
7 (7) RECORDS; CONFIDENTIAL INFORMATION.--All records
8 pertaining to a petition to terminate parental rights pending
9 adoption are records related to the subsequent adoption of the
10 minor and are subject to the provisions of s. 63.162, as such
11 provisions apply to records of an adoption proceeding. The
12 confidentiality provisions of this chapter do not apply to the
13 extent information regarding persons or proceedings must be
14 made available as specified under s. 63.088.
15 Section 32. Section 63.092, Florida Statutes, is
16 amended to read:
17 63.092 Report to the court of intended placement by an
18 intermediary; preliminary study.--
19 (1) REPORT TO THE COURT.--The adoption entity
20 intermediary must report any intended placement of a minor for
21 adoption with any person not related within the third degree
22 or a stepparent if the adoption entity intermediary has
23 knowledge of, or participates in, such intended placement. The
24 report must be made to the court before the minor is placed in
25 the home.
26 (2) AT-RISK PLACEMENT.--If the minor is placed in the
27 prospective adoptive home before the parental rights of the
28 minor's birth parents are terminated under s. 63.089, the
29 placement is an at-risk placement. If the placement is an
30 at-risk placement, the prospective adoptive parents must
31 acknowledge in writing before the minor may be placed in the
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1 prospective adoptive home that the placement is at risk and
2 that the minor is subject to removal from the prospective
3 adoptive home by the adoption entity or by court order.
4 (3)(2) PRELIMINARY HOME STUDY.--Before placing the
5 minor in the intended adoptive home, a preliminary home study
6 must be performed by a licensed child-placing agency, a
7 licensed professional, or agency described in s. 61.20(2),
8 unless the petitioner is a stepparent, a spouse of the birth
9 parent, or a relative. The preliminary study shall be
10 completed within 30 days after the receipt by the court of the
11 adoption entity's intermediary's report, but in no event may
12 the minor child be placed in the prospective adoptive home
13 prior to the completion of the preliminary study unless
14 ordered by the court. If the petitioner is a stepparent, a
15 spouse of the birth parent, or a relative, the preliminary
16 home study may be required by the court for good cause shown.
17 The department is required to perform the preliminary home
18 study only if there is no licensed child-placing agency,
19 licensed professional, or agency described in s. 61.20(2), in
20 the county where the prospective adoptive parents reside. The
21 preliminary home study must be made to determine the
22 suitability of the intended adoptive parents and may be
23 completed prior to identification of a prospective adoptive
24 minor child. A favorable preliminary home study is valid for
25 1 year after the date of its completion. A minor may child
26 must not be placed in an intended adoptive home before a
27 favorable preliminary home study is completed unless the
28 adoptive home is also a licensed foster home under s. 409.175.
29 The preliminary home study must include, at a minimum:
30 (a) An interview with the intended adoptive parents;
31 (b) Records checks of the department's central abuse
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1 registry under chapter 415 and statewide criminal records
2 correspondence checks through the Department of Law
3 Enforcement on the intended adoptive parents;
4 (c) An assessment of the physical environment of the
5 home;
6 (d) A determination of the financial security of the
7 intended adoptive parents;
8 (e) Documentation of counseling and education of the
9 intended adoptive parents on adoptive parenting;
10 (f) Documentation that information on adoption and the
11 adoption process has been provided to the intended adoptive
12 parents;
13 (g) Documentation that information on support services
14 available in the community has been provided to the intended
15 adoptive parents; and
16 (h) A copy of each the signed acknowledgement
17 statement required by s. 63.085; and
18 (i) A copy of the written acknowledgment required by
19 s. 63.085(1).
20
21 If the preliminary home study is favorable, a minor may be
22 placed in the home pending entry of the judgment of adoption.
23 A minor may not be placed in the home if the preliminary home
24 study is unfavorable. If the preliminary home study is
25 unfavorable, the intermediary or petitioner may, within 20
26 days after receipt of a copy of the written recommendation,
27 petition the court to determine the suitability of the
28 intended adoptive home. A determination as to suitability
29 under this subsection does not act as a presumption of
30 suitability at the final hearing. In determining the
31 suitability of the intended adoptive home, the court must
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1 consider the totality of the circumstances in the home.
2 Section 33. Section 63.097, Florida Statutes, is
3 amended to read:
4 63.097 Fees.--
5 (1) The following fees, costs, and expenses may be
6 assessed by the adoption entity or paid by the adoption entity
7 on behalf of the prospective adoptive parents:
8 (a) Reasonable living expenses of the birth mother
9 which the birth mother is unable to pay due to involuntary
10 unemployment, medical disability due to the pregnancy which is
11 certified by a medical professional who has examined the birth
12 mother, or any other disability defined in s. 110.215.
13 Reasonable living expenses are rent, utilities, basic
14 telephone service, food, necessary clothing, transportation,
15 and items included in the affidavit filed under s. 63.132 and
16 found by the court to be necessary for the health of the
17 unborn child.
18 (b) Reasonable and necessary medical expenses.
19 (c) Expenses necessary to comply with the requirements
20 of this chapter including, but not limited to, service of
21 process under s. 63.088, a due diligence search under s.
22 63.088, a preliminary home study under s. 63.092, and a final
23 home study under s. 63.125.
24 (d) Court filing expenses, court costs, and other
25 litigation expenses.
26 (e) Costs associated with advertising under s.
27 63.212(1)(h).
28 (f) The following professional fees:
29 1. A reasonable hourly fee necessary to provide legal
30 representation to the adoptive parents in a proceeding filed
31 under this chapter.
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1 2. A reasonable hourly fee for contact with the birth
2 parent related to the adoption. In determining a reasonable
3 hourly fee under this subparagraph, the court must consider if
4 the tasks done were clerical or of such a nature that the
5 matter could have been handled by support staff at a lesser
6 rate than the rate for legal representation charged under
7 subparagraph 1. This includes, but need not be limited to,
8 tasks such as transportation, transmitting funds, arranging
9 appointments, and securing accommodations. This does not
10 include obtaining a birth parent's signature on any document.
11 3. A reasonable hourly fee for counseling services
12 provided to a birth parent or adoptive parent by a
13 psychologist licensed under chapter 490 or a clinical social
14 worker, marriage and family therapist, or mental health
15 counselor licensed under chapter 491.
16 (2) Prior approval of the court is not required until
17 the cumulative total of amounts permitted under subsection (1)
18 exceeds:
19 (a) $2,500 in legal or other fees;
20 (b) $500 in court costs; or
21 (c) $3,000 in expenditures.
22 (3) Any fees, costs, or expenditures not included in
23 subsection (1) or prohibited under subsection (4) require
24 court approval prior to payment and must be based on a finding
25 of extraordinary circumstances.
26 (4) The following fees, costs, and expenses are
27 prohibited:
28 1. Any fee or expense that constitutes payment for
29 locating a minor for adoption.
30 2. Cumulative expenses in excess of a total of $500
31 related to the minor, the pregnancy, a birth parent, or
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1 adoption proceeding which are incurred prior to the date the
2 prospective adoptive parent retains the adoption entity.
3 3. Any lump-sum payment to the entity which is
4 nonrefundable directly to the payor or which is not itemized
5 on the affidavit filed under s. 63.132.
6 4. Any fee on the affidavit which does not specify the
7 service that was provided and for which the fee is being
8 charged, such as a fee for facilitation, acquisition, or other
9 similar service, or which does not identify the date the
10 service was provided, the time required to provide the
11 service, the person or entity providing the service, and the
12 hourly fee charged.
13 (1) APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over
14 $1,000 and those costs as set out in s. 63.212(1)(d) over
15 $2,500, paid to an intermediary other than actual, documented
16 medical costs, court costs, and hospital costs must be
17 approved by the court prior to assessment of the fee by the
18 intermediary and upon a showing of justification for the
19 larger fee.
20 (5)(2) FEES FOR AGENCIES OR THE DEPARTMENT.--When an
21 intermediary uses the services of a licensed child-placing
22 agency, a professional, any other person or agency pursuant to
23 s. 63.092, or, if necessary, the department, the person
24 seeking to adopt the child must pay the licensed child-placing
25 agency, professional, other person or agency, or the
26 department an amount equal to the cost of all services
27 performed, including, but not limited to, the cost of
28 conducting the preliminary home study, counseling, and the
29 final home investigation. The court, upon a finding that the
30 person seeking to adopt the child is financially unable to pay
31 that amount, may order that such person pay a lesser amount.
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1 Section 34. Section 63.102, Florida Statutes, is
2 amended to read:
3 63.102 Filing of petition; venue; proceeding for
4 approval of fees and costs.--
5 (1) After a court order terminating parental rights
6 has been issued, a proceeding for adoption may shall be
7 commenced by filing a petition entitled, "In the Matter of the
8 Adoption of ...." in the circuit court. The person to be
9 adopted shall be designated in the caption in the name by
10 which he or she is to be known if the petition is granted. If
11 the child is placed for adoption by an agency, Any name by
12 which the minor child was previously known may shall not be
13 disclosed in the petition, the notice of hearing, or the
14 judgment of adoption.
15 (2) A petition for adoption or for a declaratory
16 statement as to the adoption contract shall be filed in the
17 county where the petitioner or petitioners or the minor child
18 resides or where the agency or intermediary with in which the
19 minor child has been placed is located.
20 (3) Except for adoptions involving placement of a
21 minor child with a relative within the third degree of
22 consanguinity, a petition for adoption in an adoption handled
23 by an intermediary shall be filed within 30 working days after
24 placement of a minor child with a parent seeking to adopt the
25 minor child. If no petition is filed within 30 days, any
26 interested party, including the state, may file an action
27 challenging the prospective adoptive parent's physical custody
28 of the minor child.
29 (4) If the filing of the petition for adoption or for
30 a declaratory statement as to the adoption contract in the
31 county where the petitioner or minor child resides would tend
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1 to endanger the privacy of the petitioner or minor child, the
2 petition for adoption may be filed in a different county,
3 provided the substantive rights of any person will not thereby
4 be affected.
5 (5) A proceeding for prior approval of fees and costs
6 may be commenced any time after an agreement is reached
7 between the birth mother and the adoptive parents by filing a
8 petition for declaratory statement on the agreement entitled
9 "In the Matter of the Proposed Adoption of a Minor Child" in
10 the circuit court.
11 (a) The petition must be filed jointly by the adoption
12 entity and each person who enters into the agreement.
13 (b) A contract for the payment of fees, costs, and
14 expenditures permitted under this chapter must be in writing,
15 and any person who enters into the contract has 3 business
16 days in which to cancel the contract. To cancel the contract,
17 the person must notify the adoption entity in writing by
18 certified United States mail, return receipt requested, no
19 later than 3 business days after signing the contract. For the
20 purposes of this subsection, the term "business day" means a
21 day on which the United States Post Office accepts certified
22 mail for delivery. If the contract is canceled within the
23 first 3 business days, the person who cancels the contract
24 does not owe any legal, intermediary, or other fees, but may
25 be responsible for the adoption entity's actual costs during
26 that time.
27 (c) The court may grant prior approval only of fees
28 and expenditures permitted under s. 63.097. A prior approval
29 of prospective fees and costs does not create a presumption
30 that these items will subsequently be approved by the court
31 under s. 63.132 unless such a finding is supported by the
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1 evidence submitted at that time. The court retains
2 jurisdiction to order an adoption entity to refund to the
3 person who enters into the contract any sum or portion of a
4 sum preapproved under this subsection if, upon submission of a
5 complete accounting of fees, costs, and expenses in an
6 affidavit required under s. 63.132, the court finds the fees,
7 costs, and expenses actually incurred to be less than the sums
8 approved prospectively under this subsection.
9 (d) The contract may not require, and the court may
10 not approve, any lump-sum payment to the entity which is
11 nonrefundable to the payor or any amount that constitutes
12 payment for locating a minor for adoption.
13 (e) If a petition for adoption is filed under this
14 section subsequent to the filing of a petition for a
15 declaratory statement or a petition to terminate parental
16 rights pending adoption, the previous petition may, at the
17 request of any party or on the court's own motion, be
18 consolidated with the petition for adoption. If the petition
19 for adoption is consolidated with a prior petition filed under
20 this chapter for which a filing fee has been paid, the
21 petitioner may not be charged any subsequent or additional
22 filing fee.
23 (f) Prior approval of fees and costs by the court does
24 not obligate the birth parent to ultimately relinquish the
25 minor for adoption. If a petition for adoption is subsequently
26 filed, the petition for declaratory statement and the petition
27 for adoption must be consolidated into one case.
28 Section 35. Section 63.112, Florida Statutes, is
29 amended to read:
30 63.112 Petition for adoption; description; report or
31 recommendation, exceptions; mailing.--
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1 (1) A sufficient number of copies of the petition for
2 adoption shall be signed and verified by the petitioner and
3 filed with the clerk of the court so that service may be made
4 under subsection (4) and shall state:
5 (a) The date and place of birth of the person to be
6 adopted, if known;
7 (b) The name to be given to the person to be adopted;
8 (c) The date petitioner acquired custody of the minor
9 and the name of the person placing the minor;
10 (d) The full name, age, and place and duration of
11 residence of the petitioner;
12 (e) The marital status of the petitioner, including
13 the date and place of marriage, if married, and divorces, if
14 any;
15 (f) The facilities and resources of the petitioner,
16 including those under a subsidy agreement, available to
17 provide for the care of the minor to be adopted;
18 (g) A description and estimate of the value of any
19 property of the person to be adopted;
20 (h) The case style and date of entry of the order
21 terminating parental rights or the judgment declaring a minor
22 available for adoption name and address, if known, of any
23 person whose consent to the adoption is required, but who has
24 not consented, and facts or circumstances that excuse the lack
25 of consent; and
26 (i) The reasons why the petitioner desires to adopt
27 the person.
28 (2) The following documents are required to be filed
29 with the clerk of the court at the time the petition is filed:
30 (a) A certified copy of the court order terminating
31 parental rights under chapter 39 or the judgment declaring a
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1 minor available for adoption under this chapter The required
2 consents, unless consent is excused by the court.
3 (b) The favorable preliminary home study of the
4 department, licensed child-placing agency, or professional
5 pursuant to s. 63.092, as to the suitability of the home in
6 which the minor has been placed.
7 (c) The surrender document must include documentation
8 that an interview was interviews were held with:
9 1. The birth mother, if parental rights have not been
10 terminated;
11 2. The birth father, if his consent to the adoption is
12 required and parental rights have not been terminated; and
13 3. the minor child, if older than 12 years of age,
14 unless the court, in the best interest of the minor child,
15 dispenses with the minor's child's consent under s.
16 63.062(1)(e) 63.062(1)(c).
17
18 The court may waive the requirement for an interview with the
19 birth mother or birth father in the investigation for good
20 cause shown.
21 (3) Unless ordered by the court, no report or
22 recommendation is required when the placement is a stepparent
23 adoption or when the minor child is related to one of the
24 adoptive parents within the third degree.
25 (4) The clerk of the court shall mail a copy of the
26 petition within 24 hours after filing, and execute a
27 certificate of mailing, to the department and the agency
28 placing the minor, if any.
29 Section 36. Section 63.122, Florida Statutes, is
30 amended to read:
31 63.122 Notice of hearing on petition.--
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1 (1) After the petition to adopt a minor is filed, the
2 court must establish a time and place for hearing the
3 petition. The hearing may must not be held sooner than 30 days
4 after the date the judgment terminating parental rights was
5 entered or sooner than 90 days after the date the minor was
6 placed the placing of the minor in the physical custody of the
7 petitioner. The minor must remain under the supervision of
8 the department, an intermediary, or a licensed child-placing
9 agency until the adoption becomes final. When the petitioner
10 is a spouse of the birth parent, the hearing may be held
11 immediately after the filing of the petition.
12 (2) Notice of hearing must be given as prescribed by
13 the rules of civil procedure, and service of process must be
14 made as specified by law for civil actions.
15 (3) Upon a showing by the petitioner that the privacy
16 of the petitioner or minor child may be endangered, the court
17 may order the names of the petitioner or minor child, or both,
18 to be deleted from the notice of hearing and from the copy of
19 the petition attached thereto, provided the substantive rights
20 of any person will not thereby be affected.
21 (4) Notice of the hearing must be given by the
22 petitioner to the adoption entity that places the minor.:
23 (a) The department or any licensed child-placing
24 agency placing the minor.
25 (b) The intermediary.
26 (c) Any person whose consent to the adoption is
27 required by this act who has not consented, unless such
28 person's consent is excused by the court.
29 (d) Any person who is seeking to withdraw consent.
30 (5) After filing the petition to adopt an adult, a
31 notice of the time and place of the hearing must be given to
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1 any person whose consent to the adoption is required but who
2 has not consented. The court may order an appropriate
3 investigation to assist in determining whether the adoption is
4 in the best interest of the persons involved.
5 Section 37. Section 63.125, Florida Statutes, is
6 amended to read:
7 63.125 Final home investigation.--
8 (1) The final home investigation must be conducted
9 before the adoption becomes final. The investigation may be
10 conducted by a licensed child-placing agency or a professional
11 in the same manner as provided in s. 63.092 to ascertain
12 whether the adoptive home is a suitable home for the minor and
13 whether the proposed adoption is in the best interest of the
14 minor. Unless directed by the court, an investigation and
15 recommendation are not required if the petitioner is a
16 stepparent or if the minor child is related to one of the
17 adoptive parents within the third degree of consanguinity.
18 The department is required to perform the home investigation
19 only if there is no licensed child-placing agency or
20 professional pursuant to s. 63.092 in the county in which the
21 prospective adoptive parent resides.
22 (2) The department, the licensed child-placing agency,
23 or the professional that performs the investigation must file
24 a written report of the investigation with the court and the
25 petitioner within 90 days after the date the petition is
26 filed.
27 (3) The report of the investigation must contain an
28 evaluation of the placement with a recommendation on the
29 granting of the petition for adoption and any other
30 information the court requires regarding the petitioner or the
31 minor.
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1 (4) The department, the licensed child-placing agency,
2 or the professional making the required investigation may
3 request other state agencies or child-placing agencies within
4 or outside this state to make investigations of designated
5 parts of the inquiry and to make a written report to the
6 department, the professional, or other person or agency.
7 (5) The final home investigation must include:
8 (a) The information from the preliminary home study.
9 (b) After the minor child is placed in the intended
10 adoptive home, two scheduled visits with the minor child and
11 the minor's child's adoptive parent or parents, one of which
12 visits must be in the home, to determine the suitability of
13 the placement.
14 (c) The family social and medical history as provided
15 in s. 63.082.
16 (d) Any other information relevant to the suitability
17 of the intended adoptive home.
18 (e) Any other relevant information, as provided in
19 rules that the department may adopt.
20 Section 38. Section 63.132, Florida Statutes, is
21 amended to read:
22 63.132 Affidavit Report of expenditures and
23 receipts.--
24 (1) At least 10 days before the hearing on the
25 petition for adoption, the petitioner and any adoption entity
26 intermediary must file two copies of an affidavit under this
27 section.
28 (a) The affidavit must be signed by the adoption
29 entity and the prospective adoptive parents. A copy of the
30 affidavit must be provided to the adoptive parents at the time
31 the affidavit is executed.
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1 (b) The affidavit must itemize containing a full
2 accounting of all disbursements and receipts of anything of
3 value, including professional and legal fees, made or agreed
4 to be made by or on behalf of the petitioner and any adoption
5 entity intermediary in connection with the adoption or in
6 connection with any prior proceeding to terminate parental
7 rights which involved the minor who is the subject of the
8 petition for adoption. The affidavit must also include, for
9 each fee itemized, the service provided for which the fee is
10 being charged, the date the service was provided, the time
11 required to provide the service, the person or entity that
12 provided the service, and the hourly fee charged.
13 (c) The clerk of the court shall forward a copy of the
14 affidavit to the department. The department must retain these
15 records for 5 years. Copies of affidavits received by the
16 department under this subsection must be provided upon the
17 request of any person. The department must redact all
18 identifying references to the minor, the birth parent, or the
19 adoptive parent from any affidavit released by the department.
20 The name of the adoption entity may not be redacted. The
21 intent of this paragraph is to create a resource for adoptive
22 parents and others wishing to obtain information about the
23 cost of adoption in this state.
24 (d) The affidavit report must show any expenses or
25 receipts incurred in connection with:
26 1.(a) The birth of the minor.
27 2.(b) The placement of the minor with the petitioner.
28 3.(c) The medical or hospital care received by the
29 mother or by the minor during the mother's prenatal care and
30 confinement.
31 4.(d) The living expenses of the birth mother. The
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1 living expenses must be documented in detail to apprise the
2 court of the exact expenses incurred.
3 5.(e) The services relating to the adoption or to the
4 placement of the minor for adoption that were received by or
5 on behalf of the petitioner, the adoption entity intermediary,
6 either birth natural parent, the minor, or any other person.
7
8 The affidavit must state whether any of these expenses were or
9 are eligible to be paid for by collateral sources, including,
10 but not limited to, health insurance, Medicaid, Medicare, or
11 public assistance.
12 (2) The court may require such additional information
13 as is deemed necessary.
14 (3) The court must issue a separate order approving or
15 disapproving the fees, costs, and expenditures itemized in the
16 affidavit. The court may approve only fees, costs, and
17 expenditures allowed under s. 63.097. The court may reject in
18 whole or in part any fee, cost, or expenditure listed if the
19 court finds that the expense is:
20 (a) Contrary to this chapter;
21 (b) Not supported by a receipt in the record, if the
22 expense is not a fee of the adoption entity; or
23 (c) Not deemed by the court to be a reasonable fee or
24 expense, taking into consideration the requirements of this
25 chapter and the totality of the circumstances.
26 (4)(3) This section does not apply to an adoption by a
27 stepparent whose spouse is a birth natural or adoptive parent
28 of the minor child.
29 Section 39. Section 63.142, Florida Statutes, is
30 amended to read:
31 63.142 Hearing; judgment of adoption.--
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1 (1) APPEARANCE.--The petitioner and the person to be
2 adopted shall appear at the hearing on the petition for
3 adoption, unless:
4 (a) The person is a minor under 12 years of age;, or
5 (b) The presence of either is excused by the court for
6 good cause.
7 (2) CONTINUANCE.--The court may continue the hearing
8 from time to time to permit further observation,
9 investigation, or consideration of any facts or circumstances
10 affecting the granting of the petition.
11 (3) DISMISSAL.--
12 (a) If the petition is dismissed, the court shall
13 determine the person that is to have custody of the minor.
14 (b) If the petition is dismissed, the court shall
15 state with specificity the reasons for the dismissal.
16 (4) JUDGMENT.--At the conclusion of the hearing, after
17 when the court determines that the date for a birth parent to
18 file an appeal of a valid judgment terminating that birth
19 parent's parental rights has passed and no appeal is pending
20 all necessary consents have been obtained and that the
21 adoption is in the best interest of the person to be adopted,
22 a judgment of adoption shall be entered.
23 (a) A judgment terminating parental rights pending
24 adoption is voidable and any later judgment of adoption of
25 that minor is voidable if, upon the motion of the birth
26 parent, the court finds that any person knowingly gave false
27 information that prevented the birth parent from timely making
28 known his or her desire to assume parental responsibilities
29 toward the minor or meeting the requirements under this
30 chapter to exercise his or her parental rights. A motion under
31 this paragraph must be filed with the court that entered the
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1 original judgment. The motion must be filed within a
2 reasonable time, but not later than 1 year after the date the
3 termination of parental rights final order was entered.
4 (b) Not later than 30 days after the filing of a
5 motion under this subsection, the court must conduct a
6 preliminary hearing to determine what contact, if any, shall
7 be permitted between a birth parent and the child pending
8 resolution of the motion. Such contact shall only be
9 considered if it is requested by a birth parent who has
10 appeared at the hearing. If the court orders contact between a
11 birth parent and child, the order must be issued in writing as
12 expeditiously as possible and must state with specificity any
13 provisions regarding contact with persons other than those
14 with whom the child resides.
15 (c) At the preliminary hearing, the court, upon the
16 motion of any party or its own motion, may order scientific
17 testing to determine the paternity of the minor if the person
18 seeking to set aside the judgment is alleging to be the
19 child's birth father and that fact has not previously been
20 determined by legitimacy or scientific testing. The court may
21 order supervised visitation with a person from whom scientific
22 testing for paternity has been ordered conditional upon the
23 filing of those test results with the court and such results
24 establish that person's paternity of the minor.
25 (d) No later than 45 days after the preliminary
26 hearing, the court must conduct a final hearing on the motion
27 to set aside the judgment and issue its written order as
28 expeditiously as possible thereafter.
29 Section 40. Section 63.152, Florida Statutes, is
30 amended to read:
31 63.152 Application for new birth record.--Within 30
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1 days after entry of a judgment of adoption, the clerk of the
2 court, and in agency adoptions, any child-placing agency
3 licensed by the department, shall prepare a certified
4 statement of the entry for the state registrar of vital
5 statistics on a form provided by the registrar. The clerk of
6 the court must mail a copy of the form completed under this
7 section to the state registry of adoption information under s.
8 63.165. A new birth record containing the necessary
9 information supplied by the certificate shall be issued by the
10 registrar on application of the adopting parents or the
11 adopted person.
12 Section 41. Section 63.165, Florida Statutes, is
13 amended to read:
14 63.165 State registry of adoption information; duty to
15 inform and explain.--Notwithstanding any other law to the
16 contrary, the department shall maintain a registry with the
17 last known names and addresses of an adoptee and his or her
18 birth natural parents and adoptive parents; the certified
19 statement of the final decree of adoption provided by the
20 clerk of the court under s. 63.152; and any other identifying
21 information that which the adoptee, birth natural parents, or
22 adoptive parents desire to include in the registry. The
23 department shall maintain the registry records for the time
24 required by rules adopted by the department in accordance with
25 this chapter or for 99 years, whichever period is greater. The
26 registry shall be open with respect to all adoptions in the
27 state, regardless of when they took place. The registry shall
28 be available for those persons choosing to enter information
29 therein, but no one shall be required to do so.
30 (1) Anyone seeking to enter, change, or use
31 information in the registry, or any agent of such person,
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1 shall present verification of his or her identity and, if
2 applicable, his or her authority. A person who enters
3 information in the registry shall be required to indicate
4 clearly the persons to whom he or she is consenting to release
5 this information, which persons shall be limited to the
6 adoptee and the birth natural mother, birth natural father,
7 adoptive mother, adoptive father, birth natural siblings, and
8 maternal and paternal birth natural grandparents of the
9 adoptee. Except as provided in this section, information in
10 the registry is confidential and exempt from the provisions of
11 s. 119.07(1). Consent to the release of this information may
12 be made in the case of a minor adoptee by his or her adoptive
13 parents or by the court after a showing of good cause. At any
14 time, any person may withdraw, limit, or otherwise restrict
15 consent to release information by notifying the department in
16 writing.
17 (2) The department may charge a reasonable fee to any
18 person seeking to enter, change, or use information in the
19 registry. The department shall deposit such fees in a trust
20 fund to be used by the department only for the efficient
21 administration of this section. The department and agencies
22 shall make counseling available for a fee to all persons
23 seeking to use the registry, and the department shall inform
24 all affected persons of the availability of such counseling.
25 (3) The department, intermediary, or licensed
26 child-placing agency must inform the birth parents before
27 parental rights are terminated, and the adoptive parents
28 before placement, in writing, of the existence and purpose of
29 the registry established under this section, but failure to do
30 so does not affect the validity of any proceeding under this
31 chapter.
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1 Section 42. Section 63.182, Florida Statutes, is
2 amended to read:
3 (Substantial rewording of section. See
4 s. 63.182, F.S., for present text.)
5 63.182 Statute of repose.--An action or proceeding of
6 any kind to vacate, set aside, or otherwise nullify an order
7 of adoption or an underlying order terminating parental rights
8 on any ground, including fraud or duress, must be filed within
9 1 year after entry of the order terminating parental rights.
10 Section 43. Section 63.207, Florida Statutes, is
11 amended to read:
12 63.207 Out-of-state placement.--
13 (1) Unless the minor child is to be placed with a
14 relative within the third degree or with a stepparent, or is a
15 special needs child as defined in s. 409.166, an adoption
16 entity may not no person except an intermediary, an agency, or
17 the department shall:
18 (a) Take or send a minor child out of the state for
19 the purpose of placement for adoption; or
20 (b) Place or attempt to place a minor child for the
21 purpose of adoption with a family who primarily lives and
22 works outside Florida in another state. An intermediary may
23 place or attempt to place a child for adoption in another
24 state only if the child is a special needs child as that term
25 is defined in s. 409.166. If an adoption entity intermediary
26 is acting under this subsection, the adoption entity must
27 intermediary shall file a petition for declaratory statement
28 pursuant to s. 63.102 for prior approval of fees and costs.
29 The court shall review the costs pursuant to s. 63.097. The
30 petition for declaratory statement must be converted to a
31 petition for an adoption upon placement of the minor child in
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1 the home. The circuit court in this state must retain
2 jurisdiction over the matter until the adoption becomes final.
3 The adoptive parents must come to this state to have the
4 adoption finalized. Violation of the order subjects the
5 adoption entity intermediary to contempt of court and to the
6 penalties provided in s. 63.212.
7 (2) An adoption entity intermediary may not counsel a
8 birth mother to leave the state for the purpose of giving
9 birth to a child outside the state in order to secure a fee in
10 excess of that permitted under s. 63.097 when it is the
11 intention that the child is to be placed for adoption outside
12 the state.
13 (3) When applicable, the Interstate Compact on the
14 Placement of Children authorized in s. 409.401 shall be used
15 in placing children outside the state for adoption.
16 Section 44. Section 63.212, Florida Statutes, is
17 amended to read:
18 63.212 Prohibited acts; penalties for violation.--
19 (1) It is unlawful for any person:
20 (a) Except an adoption entity the department, an
21 intermediary, or an agency, to place or attempt to place a
22 minor child for adoption with a person who primarily lives and
23 works outside this state unless the minor child is placed with
24 a relative within the third degree or with a stepparent or is
25 a special needs child as defined in s. 409.166. An adoption
26 entity intermediary may place or attempt to place a special
27 needs child for adoption with a person who primarily lives and
28 works outside this state only if the adoption entity
29 intermediary has a declaratory statement from the court
30 establishing the fees to be paid under s. 63.207. This
31 requirement does not apply if the minor child is placed with a
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1 relative within the third degree or with a stepparent.
2 (b) Except an adoption entity the department, an
3 intermediary, or an agency, to place or attempt to place a
4 minor child for adoption with a family whose primary residence
5 and place of employment is in another state unless the minor
6 child is placed with a relative within the third degree or
7 with a stepparent. An adoption entity intermediary may place
8 or attempt to place a special needs child for adoption with a
9 family whose primary residence and place of employment is in
10 another state only if the adoption entity intermediary has a
11 declaratory statement from the court establishing the fees to
12 be paid. This requirement does not apply if the special needs
13 child is placed with a relative within the third degree or
14 with a stepparent.
15 (c) Except an adoption entity the Department of
16 Children and Family Services, an agency, or an intermediary,
17 to place or attempt to place within the state a minor child
18 for adoption unless the minor child is placed with a relative
19 within the third degree or with a stepparent. This
20 prohibition, however, does not apply to a person who is
21 placing or attempting to place a minor child for the purpose
22 of adoption with the adoption entity Department of Children
23 and Family Services or an agency or through an intermediary.
24 (d) To sell or surrender, or to arrange for the sale
25 or surrender of, a minor child to another person for money or
26 anything of value or to receive such minor child for such
27 payment or thing of value. If a minor child is being adopted
28 by a relative within the third degree or by a stepparent, or
29 is being adopted through an adoption entity, this paragraph
30 does not prohibit the Department of Children and Family
31 Services, an agency, or an intermediary, nothing herein shall
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1 be construed as prohibiting the person who is contemplating
2 adopting the child from paying, under s. 63.097 and s. 63.132,
3 the actual prenatal care and living expenses of the mother of
4 the child to be adopted, nor from paying, under s. 63.097 and
5 s. 63.132, the actual living and medical expenses of such
6 mother for a reasonable time, not to exceed 6 weeks, if
7 medical needs require such support, after the birth of the
8 minor child.
9 (e) Having the rights and duties of a parent with
10 respect to the care and custody of a minor to assign or
11 transfer such parental rights for the purpose of, incidental
12 to, or otherwise connected with, selling or offering to sell
13 such rights and duties.
14 (f) To assist in the commission of any act prohibited
15 in paragraph (a), paragraph (b), paragraph (c), paragraph (d),
16 or paragraph (e).
17 (g) Except an adoption entity the Department of
18 Children and Family Services or an agency, to charge or accept
19 any fee or compensation of any nature from anyone for making a
20 referral in connection with an adoption.
21 (h) Except an adoption entity the Department of
22 Children and Family Services, an agency, or an intermediary,
23 to advertise or offer to the public, in any way, by any medium
24 whatever that a minor child is available for adoption or that
25 a minor child is sought for adoption; and further, it is
26 unlawful for any person to publish or broadcast any such
27 advertisement without including a Florida license number of
28 the agency or, attorney, or physician placing the
29 advertisement.
30 (i) To contract for the purchase, sale, or transfer of
31 custody or parental rights in connection with any child, or in
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1 connection with any fetus yet unborn, or in connection with
2 any fetus identified in any way but not yet conceived, in
3 return for any valuable consideration. Any such contract is
4 void and unenforceable as against the public policy of this
5 state. However, fees, costs, and other incidental payments
6 made in accordance with statutory provisions for adoption,
7 foster care, and child welfare are permitted, and a person may
8 agree to pay expenses in connection with a preplanned adoption
9 agreement as specified below, but the payment of such expenses
10 may not be conditioned upon the transfer of parental rights.
11 Each petition for adoption which is filed in connection with a
12 preplanned adoption agreement must clearly identify the
13 adoption as a preplanned adoption arrangement and must include
14 a copy of the preplanned adoption agreement for review by the
15 court.
16 1. Individuals may enter into a preplanned adoption
17 arrangement as specified herein, but such arrangement shall
18 not in any way:
19 a. Effect final transfer of custody of a child or
20 final adoption of a child, without review and approval of the
21 department and the court, and without compliance with other
22 applicable provisions of law.
23 b. Constitute consent of a mother to place her child
24 for adoption until 7 days following birth, and unless the
25 court making the custody determination or approving the
26 adoption determines that the mother was aware of her right to
27 rescind within the 7-day period following birth but chose not
28 to rescind such consent.
29 2. A preplanned adoption arrangement shall be based
30 upon a preplanned adoption agreement that must which shall
31 include, but need not be limited to, the following terms:
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1 a. That the volunteer mother agrees to become pregnant
2 by the fertility technique specified in the agreement, to bear
3 the child, and to terminate any parental rights and
4 responsibilities to the child she might have through a written
5 consent executed at the same time as the preplanned adoption
6 agreement, subject to a right of rescission by the volunteer
7 mother any time within 7 days after the birth of the child.
8 b. That the volunteer mother agrees to submit to
9 reasonable medical evaluation and treatment and to adhere to
10 reasonable medical instructions about her prenatal health.
11 c. That the volunteer mother acknowledges that she is
12 aware that she will assume parental rights and
13 responsibilities for the child born to her as otherwise
14 provided by law for a mother, if the intended father and
15 intended mother terminate the agreement before final transfer
16 of custody is completed, or if a court determines that a
17 parent clearly specified by the preplanned adoption agreement
18 to be the biological parent is not the biological parent, or
19 if the preplanned adoption is not approved by the court
20 pursuant to the Florida Adoption Act.
21 d. That an intended father who is also the biological
22 father acknowledges that he is aware that he will assume
23 parental rights and responsibilities for the child as
24 otherwise provided by law for a father, if the agreement is
25 terminated for any reason by any party before final transfer
26 of custody is completed or if the planned adoption is not
27 approved by the court pursuant to the Florida Adoption Act.
28 e. That the intended father and intended mother
29 acknowledge that they may not receive custody or the parental
30 rights under the agreement if the volunteer mother terminates
31 the agreement or if the volunteer mother rescinds her consent
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1 to place her child for adoption within 7 days after birth.
2 f. That the intended father and intended mother may
3 agree to pay all reasonable legal, medical, psychological, or
4 psychiatric expenses of the volunteer mother related to the
5 preplanned adoption arrangement, and may agree to pay the
6 reasonable living expenses of the volunteer mother. No other
7 compensation, whether in cash or in kind, shall be made
8 pursuant to a preplanned adoption arrangement.
9 g. That the intended father and intended mother agree
10 to accept custody of and to assert full parental rights and
11 responsibilities for the child immediately upon the child's
12 birth, regardless of any impairment to the child.
13 h. That the intended father and intended mother shall
14 have the right to specify the blood and tissue typing tests to
15 be performed if the agreement specifies that at least one of
16 them is intended to be the biological parent of the child.
17 i. That the agreement may be terminated at any time by
18 any of the parties.
19 3. A preplanned adoption agreement shall not contain
20 any provision:
21 a. To reduce any amount paid to the volunteer mother
22 if the child is stillborn or is born alive but impaired, or to
23 provide for the payment of a supplement or bonus for any
24 reason.
25 b. Requiring the termination of the volunteer mother's
26 pregnancy.
27 4. An attorney who represents an intended father and
28 intended mother or any other attorney with whom that attorney
29 is associated shall not represent simultaneously a female who
30 is or proposes to be a volunteer mother in any matter relating
31 to a preplanned adoption agreement or preplanned adoption
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1 arrangement.
2 5. Payment to agents, finders, and intermediaries,
3 including attorneys and physicians, as a finder's fee for
4 finding volunteer mothers or matching a volunteer mother and
5 intended father and intended mother is prohibited. Doctors,
6 psychologists, attorneys, and other professionals may receive
7 reasonable compensation for their professional services, such
8 as providing medical services and procedures, legal advice in
9 structuring and negotiating a preplanned adoption agreement,
10 or counseling.
11 6. As used in this paragraph, the term:
12 a. "Blood and tissue typing tests" include, but are
13 not limited to, tests of red cell antigens, red cell
14 isoenzymes, human leukocyte antigens, and serum proteins.
15 b. "Child" means the child or children conceived by
16 means of an insemination that is part of a preplanned adoption
17 arrangement.
18 c. "Fertility technique" means artificial
19 embryonation, artificial insemination, whether in vivo or in
20 vitro, egg donation, or embryo adoption.
21 d. "Intended father" means a male who, as evidenced by
22 a preplanned adoption agreement, intends to have the parental
23 rights and responsibilities for a child conceived through a
24 fertility technique, regardless of whether the child is
25 biologically related to the male.
26 e. "Intended mother" means a female who, as evidenced
27 by a preplanned adoption agreement, intends to have the
28 parental rights and responsibilities for a child conceived
29 through a fertility technique, regardless of whether the child
30 is biologically related to the female.
31 f. "Parties" means the intended father and intended
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1 mother, the volunteer mother and her husband, if she has a
2 husband, who are all parties to the preplanned adoption
3 agreement.
4 g. "Preplanned adoption agreement" means a written
5 agreement among the parties that specifies the intent of the
6 parties as to their rights and responsibilities in the
7 preplanned adoption arrangement, consistent with the
8 provisions of this act.
9 h. "Preplanned adoption arrangement" means the
10 arrangement through which the parties enter into an agreement
11 for the volunteer mother to bear the child, for payment by the
12 intended father and intended mother of the expenses allowed by
13 this act, for the intended father and intended mother to
14 assert full parental rights and responsibilities to the child
15 if consent to adoption is not rescinded after birth by the
16 volunteer mother, and for the volunteer mother to terminate,
17 subject to a right of rescission, in favor of the intended
18 father and intended mother all her parental rights and
19 responsibilities to the child.
20 i. "Volunteer mother" means a female person at least
21 18 years of age who voluntarily agrees, subject to a right of
22 rescission, that if she should become pregnant pursuant to a
23 preplanned adoption arrangement, she will terminate in favor
24 of the intended father and intended mother her parental rights
25 and responsibilities to the child.
26 (2) This section does not Nothing herein shall be
27 construed to prohibit a licensed child-placing agency from
28 charging fees reasonably commensurate to the services
29 provided.
30 (3) It is unlawful for any adoption entity
31 intermediary to fail to report to the court, prior to
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1 placement, the intended placement of a minor child for
2 purposes of adoption with any person not a stepparent or a
3 relative within the third degree, if the adoption entity
4 intermediary participates in such intended placement.
5 (4) It is unlawful for any adoption entity
6 intermediary to charge any fee over $1,000 and those costs as
7 set out in paragraph (1)(d) over $2,500, other than for actual
8 documented medical costs, court costs, and hospital costs
9 unless such fee is approved by the court prior to the
10 assessment of the fee by the adoption entity intermediary and
11 upon a showing of justification for the larger fee.
12 (5) It is unlawful for any adoption entity
13 intermediary to counsel a birth mother to leave the state for
14 the purpose of giving birth to a child outside the state in
15 order to secure a fee in excess of that permitted under s.
16 63.097 when it is the intention that the child be placed for
17 adoption outside the state.
18 (6) It is unlawful for any adoption entity
19 intermediary to obtain a preliminary home study or final home
20 investigation and fail to disclose the existence of the study
21 to the court.
22 (7) A person who violates any provision of this
23 section, excluding paragraph (1)(h), is guilty of a felony of
24 the third degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084. A person who violates paragraph
26 (1)(h) is guilty of a misdemeanor of the second degree,
27 punishable as provided in s. 775.083; and each day of
28 continuing violation shall be considered a separate offense.
29 Section 45. Section 63.072, Florida Statutes, is
30 repealed.
31 Section 46. Any petition for adoption filed before
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1 October 1, 1998, shall be governed by the law in effect at the
2 time the petition was filed.
3 Section 47. This act shall take effect October 1,
4 1998, except that section 1 through section 15 of this act
5 shall take effect January 1, 1999.
6
7
8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 16, line 22, through
11 page 18, line 25, delete those lines
12
13 and insert:
14 A bill to be entitled
15 An act relating to children and families;
16 creating the "Marriage Preparation and
17 Preservation Act"; providing legislative
18 findings; amending s. 232.246, F.S.;
19 prescribing a high school graduation
20 requirement; amending s. 741.01, F.S.;
21 providing for a reduction of the marriage
22 license fee under certain circumstances;
23 creating a waiting period before a marriage
24 license is issued; creating s. 741.0305, F.S.;
25 providing for a premarital preparation course;
26 providing for modification of marriage license
27 fees; specifying course providers; providing
28 course contents; providing for a review of such
29 courses; providing for compilation of
30 information and report of findings; providing
31 for pilot programs; creating s. 741.0306, F.S.;
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1 providing for creation of a marriage law
2 handbook created by the Family Law Section of
3 The Florida Bar; providing for information that
4 may be included in the handbook; amending s.
5 741.04, F.S.; prohibiting issuance of a
6 marriage license until petitioners verify
7 certain facts and complete a questionnaire;
8 providing for a waiting period; providing for a
9 waiver of the waiting period; amending s.
10 741.05, F.S.; conforming provisions; amending
11 s. 61.043, F.S.; providing for completion of an
12 informational questionnaire upon filing for
13 dissolution of marriage; amending s. 61.21,
14 F.S.; revising provisions relating to the
15 authorized parenting course offered to educate,
16 train, and assist divorcing parents in regard
17 to the consequences of divorce on parents and
18 children; providing legislative findings and
19 purpose; requiring judicial circuits to approve
20 a parenting course; requiring parties to a
21 dissolution proceeding with a minor child to
22 attend a court-approved parenting family
23 course; providing procedures and guidelines and
24 course objectives; requiring parties to file
25 proof of compliance with the court; authorizing
26 the court to require parties to a modification
27 of a final judgment of dissolution to take the
28 course under certain circumstances; amending s.
29 28.101, F.S.; providing a fee for filing for
30 dissolution of marriage; amending s. 25.388,
31 F.S.; providing funding for the marriage law
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1 handbook; providing an appropriation; amending
2 ss. 39.461, 39.464, 39.469, F.S., relating to
3 the petition and grounds for terminating
4 parental rights and powers of disposition;
5 removing provisions authorizing licensed
6 child-placing agencies to file actions to
7 terminate parental rights; amending s. 39.47,
8 F.S.; providing additional requirements for a
9 petition for adoption; prohibiting filing such
10 petition until the order terminating parental
11 rights is final; amending s. 63.022, F.S.;
12 revising legislative intent with respect to
13 adoptions in this state; amending s. 63.032,
14 F.S.; revising definitions; defining the term
15 "adoption entity"; creating s. 63.037, F.S.;
16 exempting adoption proceedings that result from
17 a termination of parental rights under ch. 39,
18 F.S., from certain provisions of ch. 63, F.S.;
19 creating s. 63.038, F.S.; providing criminal
20 penalties for committing certain fraudulent
21 acts; creating s. 63.039, F.S.; providing
22 sanctions and an award of attorney's fees under
23 certain circumstances; amending s. 63.052,
24 F.S.; providing for placement of a minor
25 pending adoption; specifying the jurisdiction
26 of the court over a minor who has been placed
27 for adoption; amending s. 63.062, F.S.;
28 specifying additional persons who must consent
29 to an adoption, execute an affidavit of
30 nonpaternity, or receive notice of proceedings
31 to terminate parental rights; permitting an
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1 affidavit of nonpaternity under certain
2 circumstances; amending s. 63.082, F.S.;
3 revising requirements for executing a consent
4 to an adoption; providing a time period for
5 withdrawing consent; providing additional
6 disclosure requirements; amending s. 63.085,
7 F.S.; specifying information that must be
8 disclosed to persons seeking to adopt a minor
9 and to the birth parents; creating s. 63.087,
10 F.S.; requiring that a separate proceeding be
11 conducted by the court to determine whether a
12 birth parent's parental rights should be
13 terminated; providing for rules, jurisdiction,
14 and venue for such proceedings; providing
15 requirements for the petition and hearing;
16 creating s. 63.088, F.S.; providing
17 requirements for identifying and locating a
18 person who is required to consent to an
19 adoption or receive notice of proceedings to
20 terminate parental rights; providing
21 requirements for the notice; providing
22 requirements for conducting a diligent search
23 for such person whose location is unknown;
24 requiring that an unlocated or unidentified
25 person be served notice by constructive
26 service; providing that failure to respond or
27 appear constitutes grounds to terminate
28 parental rights pending adoption; creating s.
29 63.089, F.S.; providing procedures for the
30 proceeding to terminate parental rights pending
31 adoption; specifying the matters to be
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1 determined; specifying grounds upon which
2 parental rights may be terminated; providing
3 for procedures following a judgment; providing
4 for records to be made part of the subsequent
5 adoption; amending s. 63.092, F.S.; providing
6 requirements to be met if a prospective
7 placement in an adoptive home is an at-risk
8 placement; defining at-risk placement; amending
9 s. 63.097, F.S.; revising requirements for the
10 court in approving specified fees and costs;
11 amending s. 63.102, F.S.; revising requirements
12 for filing a petition for adoption; providing
13 requirements for prior approval of fees and
14 costs; amending s. 63.112, F.S.; revising
15 requirements for the information that must be
16 included in a petition for adoption; amending
17 s. 63.122, F.S.; revising the time requirements
18 for hearing a petition for adoption; amending
19 s. 63.125, F.S., relating to the final home
20 investigation; conforming provisions to changes
21 made by the act; amending s. 63.132, F.S.;
22 revising requirements for the report of
23 expenditures and receipts which is filed with
24 the court; amending s. 63.142, F.S.; specifying
25 circumstances under which a judgment
26 terminating parental rights pending adoption is
27 voidable; providing for an evidentiary hearing
28 to determine the minor's placement following a
29 motion to void such a judgment; amending s.
30 63.152, F.S.; requiring that the clerk of the
31 court mail a copy of a new birth record to the
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1 state registry of adoption information;
2 amending s. 63.165, F.S.; requiring that a copy
3 of the certified statement of final decree of
4 adoption be included in the state registry of
5 adoption information; requiring that the
6 Department of Children and Family Services
7 maintain such information for a specified
8 period; amending s. 63.182, F.S.; requiring
9 that an action to vacate an order of adoption
10 or an order terminating parental rights pending
11 adoption be filed within a specified period
12 after entry of the order; amending s. 63.207,
13 F.S.; revising provisions that limit the
14 placement of a minor in another state for
15 adoption; amending s. 63.212, F.S., relating to
16 prohibitions and penalties with respect to
17 adoptions; conforming provisions to changes
18 made by the act; repealing s. 63.072, F.S.,
19 relating to persons who may waive required
20 consent to an adoption; requiring that a
21 petition for adoption be governed by the law in
22 effect at the time the petition is filed;
23 providing effective dates.
24
25 WHEREAS, the Florida Legislature endorses and
26 encourages marriage as a means of promoting stability and
27 continuity in society, and
28 WHEREAS, children of divorced parents can suffer
29 long-lasting adverse consequences from the break-up of their
30 parents' relationship and the existing family law system, and
31 WHEREAS, recent annual statistics show that for every
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1 two marriages in Florida, one ends in divorce, and
2 WHEREAS, the state has a compelling interest in
3 promoting those relationships which inure to the benefit of
4 Florida's children, and
5 WHEREAS, the state has a compelling interest in
6 educating its citizens with regard to the responsibilities of
7 marriage and, if contemplated, the effects of divorce, NOW,
8 THEREFORE,
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