CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Dudley moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 190, line 11, through

15            page 209, line 11, delete those lines

16

17  and insert:

18         Section 67.  Section 39.461, Florida Statutes, is

19  renumbered as section 39.802, Florida Statutes, and amended to

20  read:

21         39.802 39.461  Petition for termination of parental

22  rights; filing; elements.--

23         (1)  All proceedings seeking an adjudication to

24  terminate parental rights pursuant to this chapter must be

25  initiated by the filing of an original petition by the

26  department, the guardian ad litem, or a licensed child-placing

27  agency or by any other person who has knowledge of the facts

28  alleged or is informed of them and believes that they are

29  true.

30         (2)  The form of the petition is governed by the

31  Florida Rules of Juvenile Procedure. The petition must be in

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  writing and signed by the petitioner or, if the department is

 2  the petitioner, by an employee of the department, under oath

 3  stating the petitioner's good faith in filing the petition.

 4         (3)  When a petition for termination of parental rights

 5  has been filed, the clerk of the court shall set the case

 6  before the court for an advisory hearing.

 7         (4)  A petition for termination of parental rights

 8  filed under this chapter must contain facts supporting the

 9  following allegations:

10         (a)  That at least one of the grounds listed in s.

11  39.806 has been met.

12         (b)  That the parents of the child were informed of

13  their right to counsel at all hearings that they attend and

14  that a dispositional order adjudicating the child dependent

15  was entered in any prior dependency proceeding relied upon in

16  offering a parent a case plan as described in s. 39.806.

17         (c)  That the manifest best interests of the child, in

18  accordance with s. 39.810, would be served by the granting of

19  the petition.

20         (5)  When a petition for termination of parental rights

21  is filed under s. 39.806(1), a separate petition for

22  dependency need not be filed and the department need not offer

23  the parents a case plan with a goal of reunification, but may

24  instead file with the court a case plan with a goal of

25  termination of parental rights to allow continuation of

26  services until the termination is granted or until further

27  orders of the court are issued.

28         (6)  The fact that a child has been previously

29  adjudicated dependent as alleged in a petition for termination

30  of parental rights may be proved by the introduction of a

31  certified copy of the order of adjudication or the order of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  disposition of dependency.

 2         (7)  The fact that the parent of a child was informed

 3  of the right to counsel in any prior dependency proceeding as

 4  alleged in a petition for termination of parental rights may

 5  be proved by the introduction of a certified copy of the order

 6  of adjudication or the order of disposition of dependency

 7  containing a finding of fact that the parent was so advised.

 8         (8)  Whenever the department has entered into a case

 9  plan with a parent with the goal of reunification, and a

10  petition for termination of parental rights based on the same

11  facts as are covered in the case plan is filed prior to the

12  time agreed upon in the case plan for the performance of the

13  case plan, the petitioner must allege and prove by clear and

14  convincing evidence that the parent has materially breached

15  the provisions of the case plan.

16         Section 68.  Section 39.803, Florida Statutes, is

17  created to read:

18         39.803  Identity or location of parent unknown after

19  filing of termination of parental rights petition; special

20  procedures.--

21         (1)  If the identity or location of a parent is unknown

22  and a petition for termination of parental rights is filed,

23  the court shall conduct the following inquiry of the parent

24  who is available, or, if no parent is available, of any

25  relative, caregiver, or legal custodian of the child who is

26  present at the hearing and likely to have the information:

27         (a)  Whether the mother of the child was married at the

28  probable time of conception of the child or at the time of

29  birth of the child.

30         (b)  Whether the mother was cohabiting with a male at

31  the probable time of conception of the child.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (c)  Whether the mother has received payments or

 2  promises of support with respect to the child or because of

 3  her pregnancy from a man who claims to be the father.

 4         (d)  Whether the mother has named any man as the father

 5  on the birth certificate of the child or in connection with

 6  applying for or receiving public assistance.

 7         (e)  Whether any man has acknowledged or claimed

 8  paternity of the child in a jurisdiction in which the mother

 9  resided at the time of or since conception of the child, or in

10  which the child has resided or resides.

11         (2)  The information required in subsection (1) may be

12  supplied to the court or the department in the form of a sworn

13  affidavit by a person having personal knowledge of the facts.

14         (3)  If the inquiry under subsection (1) identifies any

15  person as a parent or prospective parent, the court shall

16  require notice of the hearing to be provided to that person.

17         (4)  If the inquiry under subsection (1) fails to

18  identify any person as a parent or prospective parent, the

19  court shall so find and may proceed without further notice.

20         (5)  If the inquiry under subsection (1) identifies a

21  parent or prospective parent, and that person's location is

22  unknown, the court shall direct the department to conduct a

23  diligent search for that person before scheduling an

24  adjudicatory hearing regarding the dependency of the child

25  unless the court finds that the best interest of the child

26  requires proceeding without actual notice to the person whose

27  location is unknown.

28         (6)  The diligent search required by subsection (5)

29  must include, at a minimum, inquiries of all known relatives

30  of the parent or prospective parent, inquiries of all offices

31  of program areas of the department likely to have information

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  about the parent or prospective parent, inquiries of other

 2  state and federal agencies likely to have information about

 3  the parent or prospective parent, inquiries of appropriate

 4  utility and postal providers, and inquiries of appropriate law

 5  enforcement agencies.

 6         (7)  Any agency contacted by a petitioner with a

 7  request for information pursuant to subsection (6) shall

 8  release the requested information to the petitioner without

 9  the necessity of a subpoena or court order.

10         (8)  If the inquiry and diligent search identifies a

11  prospective parent, that person must be given the opportunity

12  to become a party to the proceedings by completing a sworn

13  affidavit of parenthood and filing it with the court or the

14  department. A prospective parent who files a sworn affidavit

15  of parenthood while the child is a dependent child but no

16  later than at the time of or prior to the adjudicatory hearing

17  in the termination of parental rights proceeding for the child

18  shall be considered a parent for all purposes under this

19  section.

20         Section 69.  Section 39.4627, Florida Statutes, is

21  renumbered as section 39.804, Florida Statutes.

22         Section 70.  Section 39.463, Florida Statutes, is

23  renumbered as section 39.805, Florida Statutes, and amended to

24  read:

25         39.805 39.463  No answer required.--No answer to the

26  petition or any other pleading need be filed by any child,

27  parent, caregiver, or legal custodian, but any matters which

28  might be set forth in an answer or other pleading may be

29  pleaded orally before the court or filed in writing as any

30  such person may choose. Notwithstanding the filing of any

31  answer or any pleading, the child or parent shall, prior to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  the adjudicatory hearing, be advised by the court of the right

 2  to counsel and shall be given an opportunity to deny the

 3  allegations in the petition for termination of parental rights

 4  or to enter a plea to allegations in the petition before the

 5  court.

 6         Section 71.  Section 39.464, Florida Statutes, as

 7  amended by chapter 97-276, Laws of Florida, is renumbered as

 8  section 39.806, Florida Statutes, and amended to read:

 9         39.806 39.464  Grounds for termination of parental

10  rights.--

11         (1)  The department, the guardian ad litem, a licensed

12  child-placing agency, or any person related to the child who

13  has knowledge of the facts alleged or who is informed of said

14  facts and believes that they are true, may petition for the

15  termination of parental rights under any of the following

16  circumstances:

17         (a)  When the parent or parents voluntarily executed a

18  written surrender of the child and consented to the entry of

19  an order giving custody of the child to the department or to a

20  licensed child-placing agency for subsequent adoption and the

21  department or licensed child-placing agency is willing to

22  accept custody of the child.

23         1.  The surrender document must be executed before two

24  witnesses and a notary public or other person authorized to

25  take acknowledgments.

26         2.  The surrender and consent may be withdrawn after

27  acceptance by the department or licensed child-placing agency

28  only after a finding by the court that the surrender and

29  consent were obtained by fraud or duress.

30         (b)  When the identity or location of the parent or

31  parents is unknown and, if the court requires a diligent

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  search pursuant to s. 39.4625, cannot be ascertained by

 2  diligent search as provided in s. 39.4625 within 90 days.

 3         (c)  When the parent or parents engaged in conduct

 4  toward the child or toward other children that demonstrates

 5  that the continuing involvement of the parent or parents in

 6  the parent-child relationship threatens the life, safety or

 7  well-being, or physical, mental, or emotional health of the

 8  child irrespective of the provision of services. Provision of

 9  services may be is evidenced by proof that services were

10  provided through a previous plan or offered as a case plan

11  from a child welfare agency.

12         (d)  When the parent of a child is incarcerated in a

13  state or federal correctional institution and:

14         1.  The period of time for which the parent is expected

15  to be incarcerated will constitute a substantial portion of

16  the period of time before the child will attain the age of 18

17  years;

18         2.  The incarcerated parent has been determined by the

19  court to be a violent career criminal as defined in s.

20  775.084, a habitual violent felony offender as defined in s.

21  775.084, or a sexual predator as defined in s. 775.21; has

22  been convicted of first degree or second degree murder in

23  violation of s. 782.04 or a sexual battery that constitutes a

24  capital, life, or first degree felony violation of s. 794.011;

25  or has been convicted of an offense in another jurisdiction

26  which is substantially similar to one of the offenses listed

27  in this paragraph.  As used in this section, the term

28  "substantially similar offense" means any offense that is

29  substantially similar in elements and penalties to one of

30  those listed in this paragraph, and that is in violation of a

31  law of any other jurisdiction, whether that of another state,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  the District of Columbia, the United States or any possession

 2  or territory thereof, or any foreign jurisdiction; and

 3         3.  The court determines by clear and convincing

 4  evidence that continuing the parental relationship with the

 5  incarcerated parent would be harmful to the child and, for

 6  this reason, that termination of the parental rights of the

 7  incarcerated parent is in the best interest of the child.

 8         (e)(f)  A petition for termination of parental rights

 9  may also be filed when a child has been adjudicated dependent,

10  a case plan has been filed with the court, and the child

11  continues to be abused, neglected, or abandoned by the

12  parents. In this case, the failure of the parents to

13  substantially comply for a period of 12 months after an

14  adjudication of the child as a dependent child constitutes

15  evidence of continuing abuse, neglect, or abandonment unless

16  the failure to substantially comply with the case plan was due

17  either to the lack of financial resources of the parents or to

18  the failure of the department to make reasonable efforts to

19  reunify the family. Such 12-month period may begin to run only

20  after the entry of a disposition order placing the custody of

21  the child with the department or a person other than the

22  parent and the approval by subsequent filing with the court of

23  a case plan with a goal of reunification with the parent.

24         (f)(e)  When the parent or parents engaged in egregious

25  conduct or had the opportunity and capability to prevent and

26  knowingly failed to prevent egregious conduct threatening the

27  life, safety, or physical, mental, or emotional health that

28  endangers the life, health, or safety of the child or the

29  child's sibling or had the opportunity and capability to

30  prevent egregious conduct that threatened the life, health, or

31  safety of the child or the child's sibling and knowingly

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  failed to do so.

 2         1.  As used in this subsection, the term "sibling"

 3  means another child who resides with or is cared for by the

 4  parent or parents regardless of whether the child is related

 5  legally or by consanguinity.

 6         2.  As used in this subsection, the term "egregious

 7  conduct abuse" means abuse, abandonment, neglect, or any other

 8  conduct of the parent or parents that is deplorable, flagrant,

 9  or outrageous by a normal standard of conduct. Egregious

10  conduct abuse may include an act or omission that occurred

11  only once but was of such intensity, magnitude, or severity as

12  to endanger the life of the child.

13         (g)  When the parent or parents have subjected the

14  child to aggravated child abuse as defined in s. 827.03,

15  sexual battery or sexual abuse as defined in s. 39.01, or

16  chronic abuse.

17         (h)  When the parent or parents have committed murder

18  or voluntary manslaughter of another child of the parent, or a

19  felony assault that results in serious bodily injury to the

20  child or another child of the parent, or aided or abetted,

21  attempted, conspired, or solicited to commit such a murder or

22  voluntary manslaughter or felony assault.

23         (i)  When the parental rights of the parent to a

24  sibling have been terminated involuntarily.

25         (2)  Reasonable efforts to preserve and reunify

26  families shall not be required if a court of competent

27  jurisdiction has determined that any of the events described

28  in paragraphs (1)(e)-(i) have occurred.

29         (3)(2)  When a petition for termination of parental

30  rights is filed under subsection (1), a separate petition for

31  dependency need not be filed and the department need not offer

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  the parents a case plan with a goal of reunification, but may

 2  instead file with the court a case plan with a goal of

 3  termination of parental rights to allow continuation of

 4  services until the termination is granted or until further

 5  orders of the court are issued.

 6         (4)  When an expedited termination of parental rights

 7  petition is filed, reasonable efforts shall be made to place

 8  the child in a timely manner in accordance with the permanency

 9  plan, and to complete whatever steps are necessary to finalize

10  the permanent placement of the child.

11         Section 72.  Section 39.465, Florida Statutes, is

12  renumbered as section 39.807, Florida Statutes, and amended to

13  read:

14         39.807 39.465  Right to counsel; guardian ad litem.--

15         (1)(a)  At each stage of the proceeding under this

16  part, the court shall advise the parent, guardian, or

17  custodian of the right to have counsel present. The court

18  shall appoint counsel for indigent insolvent persons. The

19  court shall ascertain whether the right to counsel is

20  understood and, where appropriate, is knowingly and

21  intelligently waived. The court shall enter its findings in

22  writing with respect to the appointment or waiver of counsel

23  for indigent insolvent parties.

24         (b)  Once counsel has been retained or, in appropriate

25  circumstances, appointed to represent the parent of the child,

26  the attorney shall continue to represent the parent throughout

27  the proceedings or until the court has approved discontinuing

28  the attorney-client relationship. If the attorney-client

29  relationship is discontinued, the court shall advise the

30  parent of the right to have new counsel retained or appointed

31  for the remainder of the proceedings.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (c)(b)1.  No waiver of counsel may be accepted if it

 2  appears that the parent, guardian, or custodian is unable to

 3  make an intelligent and understanding choice because of mental

 4  condition, age, education, experience, the nature or

 5  complexity of the case, or other factors.

 6         2.  A waiver of counsel made in court must be of

 7  record. A waiver made out of court must be in writing with not

 8  less than two attesting witnesses and must be filed with the

 9  court. The witnesses shall attest to the voluntary execution

10  of the waiver.

11         3.  If a waiver of counsel is accepted at any stage of

12  the proceedings, the offer of assistance of counsel must be

13  renewed by the court at each subsequent stage of the

14  proceedings at which the parent, guardian, or custodian

15  appears without counsel.

16         (d)(c)  This subsection does not apply to any parent

17  who has voluntarily executed a written surrender of the child

18  and consent to the entry of a court order therefor and who

19  does not deny the allegations of the petition.

20         (2)(a)  The court shall appoint a guardian ad litem to

21  represent the child in any termination of parental rights

22  proceedings and shall ascertain at each stage of the

23  proceedings whether a guardian ad litem has been appointed.

24         (b)  The guardian ad litem has the following

25  responsibilities:

26         1.  To investigate the allegations of the petition and

27  any subsequent matters arising in the case and, unless excused

28  by the court, to file a written report. This report must

29  include a statement of the wishes of the child and the

30  recommendations of the guardian ad litem and must be provided

31  to all parties and the court at least 48 hours before the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  disposition hearing.

 2         2.  To be present at all court hearings unless excused

 3  by the court.

 4         3.  To represent the interests of the child until the

 5  jurisdiction of the court over the child terminates or until

 6  excused by the court.

 7         4.  To perform such other duties and undertake such

 8  other responsibilities as the court may direct.

 9         (c)  A guardian ad litem is not required to post bond

10  but shall file an acceptance of the office.

11         (d)  A guardian ad litem is entitled to receive service

12  of pleadings and papers as provided by the Florida Rules of

13  Juvenile Procedure.

14         (e)  This subsection does not apply to any voluntary

15  relinquishment of parental rights proceeding.

16         Section 73.  Section 39.466, Florida Statutes, is

17  renumbered as section 39.808, Florida Statutes, and amended to

18  read:

19         39.808 39.466  Advisory hearing; pretrial status

20  conference.--

21         (1)  An advisory hearing on the petition to terminate

22  parental rights must be held as soon as possible after all

23  parties have been served with a copy of the petition and a

24  notice of the date, time, and place of the advisory hearing

25  for the petition.

26         (2)  At the hearing the court shall inform the parties

27  of their rights under s. 39.807 39.465, shall appoint counsel

28  for the parties in accordance with legal requirements, and

29  shall appoint a guardian ad litem to represent the interests

30  of the child if one has not already been appointed.

31         (3)  The court shall set a date for an adjudicatory

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  hearing to be held within 45 days after the advisory hearing,

 2  unless all of the necessary parties agree to some other

 3  hearing date.

 4         (4)  An advisory hearing may not be held if a petition

 5  is filed seeking an adjudication voluntarily to terminate

 6  parental rights. Adjudicatory hearings for petitions for

 7  voluntary termination must be held within 21 days after the

 8  filing of the petition. Notice of the use of this subsection

 9  must be filed with the court at the same time as the filing of

10  the petition to terminate parental rights.

11         (5)  Not less than 10 days before the adjudicatory

12  hearing, the court shall conduct a prehearing status

13  conference to determine the order in which each party may

14  present witnesses or evidence, the order in which

15  cross-examination and argument shall occur, and any other

16  matters that may aid in the conduct of the adjudicatory

17  hearing, to prevent any undue delay in the conduct of the

18  adjudicatory hearing.

19         Section 74.  Section 39.467, Florida Statutes, is

20  renumbered as section 39.809, Florida Statutes, and amended to

21  read:

22         39.809 39.467  Adjudicatory hearing.--

23         (1)  In a hearing on a petition for termination of

24  parental rights, the court shall consider the elements

25  required for termination as set forth in s. 39.4611. Each of

26  these elements must be established by clear and convincing

27  evidence before the petition is granted.

28         (2)  The adjudicatory hearing must be held within 45

29  days after the advisory hearing, but reasonable continuances

30  for the purpose of investigation, discovery, or procuring

31  counsel or witnesses may, when necessary, be granted.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (3)  The adjudicatory hearing must be conducted by the

 2  judge without a jury, applying the rules of evidence in use in

 3  civil cases and adjourning the case from time to time as

 4  necessary. For purposes of the adjudicatory hearing, to avoid

 5  unnecessary duplication of expense, the judge may consider

 6  in-court testimony previously given at any properly noticed

 7  hearing, without regard to the availability or unavailability

 8  of the witness at the time of the actual adjudicatory hearing,

 9  if the recorded testimony itself is made available to the

10  judge. Consideration of such testimony does not preclude the

11  witness being subpoenaed to answer supplemental questions.

12         (4)  All hearings involving termination of parental

13  rights are confidential and closed to the public. Hearings

14  involving more than one child may be held simultaneously when

15  the children involved are related to each other or were

16  involved in the same case. The child and the parents or legal

17  custodians may be examined separately and apart from each

18  other.

19         (5)  The judge shall enter a written order with the

20  findings of fact and conclusions of law.

21         Section 75.  Section 39.4612, Florida Statutes, is

22  renumbered as section 39.810, Florida Statutes, is amended to

23  read:

24         39.810 39.4612  Manifest best interests of the child.

25  In a hearing on a petition for termination of parental rights,

26  the court shall consider the manifest best interests of the

27  child. This consideration shall not include a comparison

28  between the attributes of the parents and those of any persons

29  providing a present or potential placement for the child. For

30  the purpose of determining the manifest best interests of the

31  child, the court shall consider and evaluate all relevant

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  factors, including, but not limited to:

 2         (1)  Any suitable permanent custody arrangement with a

 3  relative of the child.

 4         (2)  The ability and disposition of the parent or

 5  parents to provide the child with food, clothing, medical care

 6  or other remedial care recognized and permitted under state

 7  law instead of medical care, and other material needs of the

 8  child.

 9         (3)  The capacity of the parent or parents to care for

10  the child to the extent that the child's safety, well-being,

11  and physical, mental, and emotional health and well-being will

12  not be endangered upon the child's return home.

13         (4)  The present mental and physical health needs of

14  the child and such future needs of the child to the extent

15  that such future needs can be ascertained based on the present

16  condition of the child.

17         (5)  The love, affection, and other emotional ties

18  existing between the child and the child's parent or parents,

19  siblings, and other relatives, and the degree of harm to the

20  child that would arise from the termination of parental rights

21  and duties.

22         (6)  The likelihood of an older child remaining in

23  long-term foster care upon termination of parental rights, due

24  to emotional or behavioral problems or any special needs of

25  the child.

26         (7)  The child's ability to form a significant

27  relationship with a parental substitute and the likelihood

28  that the child will enter into a more stable and permanent

29  family relationship as a result of permanent termination of

30  parental rights and duties.

31         (8)  The length of time that the child has lived in a

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  stable, satisfactory environment and the desirability of

 2  maintaining continuity.

 3         (9)  The depth of the relationship existing between the

 4  child and the present custodian.

 5         (10)  The reasonable preferences and wishes of the

 6  child, if the court deems the child to be of sufficient

 7  intelligence, understanding, and experience to express a

 8  preference.

 9         (11)  The recommendations for the child provided by the

10  child's guardian ad litem or legal representative.

11         Section 76.  Section 39.469, Florida Statutes, is

12  renumbered as section 39.811, Florida Statutes, and amended to

13  read:

14         39.811 39.469  Powers of disposition; order of

15  disposition.--

16         (1)  If the court finds that the grounds for

17  termination of parental rights have not been established by

18  clear and convincing evidence, the court shall:

19         (a)  If grounds for dependency have been established,

20  adjudicate or readjudicate the child dependent and:

21         1.  Enter an order placing or continuing the child in

22  out-of-home foster care under a case plan; or

23         2.  Enter an order returning the child to the parent or

24  parents. The court shall retain jurisdiction over a child

25  returned to the parent or parents or legal guardians for a

26  period of 6 months, but, at that time, based on a report of

27  the social service agency and any other relevant factors, the

28  court shall make a determination as to whether its

29  jurisdiction shall continue or be terminated.

30         (b)  If grounds for dependency have not been

31  established, dismiss the petition.

                                  16
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (2)  If the child is in out-of-home foster care custody

 2  of the department and the court finds that the grounds for

 3  termination of parental rights have been established by clear

 4  and convincing evidence, the court shall, by order, place the

 5  child in the custody of the department for the purpose of

 6  adoption or place the child in the custody of a licensed

 7  child-placing agency for the purpose of adoption.

 8         (3)  If the child is in the custody of one parent and

 9  the court finds that the grounds for termination of parental

10  rights have been established for the remaining parent by clear

11  and convincing evidence, the court shall enter an order

12  terminating the rights of the parent for whom the grounds have

13  been established and placing the child in the custody of the

14  remaining parent, granting that parent sole parental

15  responsibility for the child.

16         (4)  If the child is neither in the custody of the

17  department of Children and Family Services nor in the custody

18  of a parent and the court finds that the grounds for

19  termination of parental rights have been established for

20  either or both parents, the court shall enter an order

21  terminating parental rights for the parent or parents for whom

22  the grounds for termination have been established and placing

23  the child with an appropriate custodian. If the parental

24  rights of both parents have been terminated, or if the

25  parental rights of only one parent have been terminated and

26  the court makes specific findings based on evidence presented

27  that placement with the remaining parent is likely to be

28  harmful to the child, the court may order that the child be

29  placed with a custodian other than the department after

30  hearing evidence of the suitability of such intended

31  placement.  Suitability of the intended placement includes the

                                  17
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  fitness and capabilities of the proposed intended placement,

 2  with primary consideration being given to the welfare of the

 3  child; the fitness and capabilities of the proposed custodian

 4  to function as the primary caregiver caretaker for a

 5  particular child; and the compatibility of the child with the

 6  home in which the child is intended to be placed.  If the

 7  court orders that a child be placed with a custodian under

 8  this subsection, the court shall appoint such custodian as the

 9  guardian for the child as provided in s. 744.3021.  The court

10  may modify the order placing the child in the custody of the

11  custodian and revoke the guardianship established under s.

12  744.3021 if the court subsequently finds that a party to the

13  proceeding other than a parent whose rights have been

14  terminated has shown a material change in circumstances which

15  causes the placement to be no longer in the best interest of

16  the child.

17         (5)  If the court terminates parental rights, the court

18  shall enter a written order of disposition briefly stating the

19  facts upon which its decision to terminate the parental rights

20  is made. An order of termination of parental rights, whether

21  based on parental consent or after notice served as prescribed

22  in this part, permanently deprives the parents or legal

23  guardian of any right to the child.

24         (6)  The parental rights of one parent may be severed

25  without severing the parental rights of the other parent only

26  under the following circumstances:

27         (a)  If the child has only one surviving parent;

28         (b)  If the identity of a prospective parent has been

29  established as unknown after sworn testimony;

30         (c)  If the parent whose rights are being terminated

31  became a parent through a single-parent adoption;

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (d)  If the protection of the child demands termination

 2  of the rights of a single parent; or

 3         (e)  If the parent whose rights are being terminated

 4  meets the criteria specified in s. 39.806(1)(d) 39.464(1)(d).

 5         (7)(a)  The termination of parental rights does not

 6  affect the rights of grandparents unless the court finds that

 7  continued visitation is not in the best interests of the child

 8  or that such visitation would interfere with the goals of

 9  permanency planning for the child.

10         (b)  If the court terminates parental rights, it may

11  order that the parents or relatives of the parent whose rights

12  are terminated be allowed to maintain some contact with the

13  child pending adoption if the best interests of the child

14  support this continued contact, except as provided in

15  paragraph (a). If the court orders such continued contact, the

16  nature and frequency of the contact must be set forth in

17  written order and may be reviewed upon motion of any party,

18  including a prospective adoptive parent if a child has been

19  placed for adoption. If a child is placed for adoption, the

20  nature and frequency of the contact must be reviewed by the

21  court at the time the child is adopted.

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. Reasonable efforts must be made to place the child in a

28  timely manner in accordance with the permanency plan, and to

29  complete whatever steps are necessary to finalize the

30  permanent placement of the child. Thereafter, until the

31  adoption of the child is finalized or the child reaches the

                                  19
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  age of 18 years, whichever occurs first, the court shall hold

 2  hearings at 6-month intervals to review the progress being

 3  made toward permanency for the child.

 4         (9)  After termination of parental rights, the court

 5  shall retain jurisdiction over any child for whom custody is

 6  given to a social service agency until the child is adopted.

 7  The court shall review the status of the child's placement and

 8  the progress being made toward permanent adoptive placement.

 9  As part of this continuing jurisdiction, for good cause shown

10  by the guardian ad litem for the child, the court may review

11  the appropriateness of the adoptive placement of the child.

12         Section 77.  Section 39.47, Florida Statutes, is

13  renumbered as section 39.812, Florida Statutes, and amended to

14  read:

15         39.812 39.47  Postdisposition Post disposition

16  relief.--

17         (1)  A licensed child-placing agency or The department

18  that which is given custody of a child for subsequent adoption

19  in accordance with this chapter may place the child in a

20  family home for prospective subsequent adoption and the

21  licensed child-placing agency or the department may thereafter

22  become a party to any proceeding for the legal adoption of the

23  child and appear in any court where the adoption proceeding is

24  pending and consent to the adoption; and that consent alone

25  shall in all cases be sufficient.

26         (2)  In any subsequent adoption proceeding, the parents

27  are and legal guardian shall not be entitled to any notice of

28  the proceeding and are not thereof, nor shall they be entitled

29  to knowledge at any time after the order terminating parental

30  rights is entered of the whereabouts of the child or of the

31  identity or location of any person having the custody of or

                                  20
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  having adopted the child, except as provided by order of the

 2  court pursuant to this chapter or chapter 63; and in any

 3  habeas corpus or other proceeding involving the child brought

 4  by any parent or legal guardian of the child, an no agent or

 5  contract provider of the licensed child-placing agency or

 6  department may not shall be compelled to divulge that

 7  information, but may be compelled to produce the child before

 8  a court of competent jurisdiction if the child is still

 9  subject to the guardianship of the licensed child-placing

10  agency or department.

11         (3)  The entry of the custody order to the department

12  does or licensed child-placing agency shall not entitle the

13  licensed child-placing agency or department to guardianship of

14  the estate or property of the child, but the licensed

15  child-placing agency or department shall be the guardian of

16  the person of the child.

17         (4)  The court shall retain jurisdiction over any child

18  for whom custody is given to a licensed child-placing agency

19  or to the department until the child is adopted. After custody

20  of a child for subsequent adoption has been given to an agency

21  or the department, the court has jurisdiction for the purpose

22  of reviewing the status of the child and the progress being

23  made toward permanent adoptive placement. As part of this

24  continuing jurisdiction, for good cause shown by the guardian

25  ad litem for the child, the court may review the

26  appropriateness of the adoptive placement of the child. The

27  petition for adoption must be filed in the division of the

28  circuit court which issued the judgment terminating parental

29  rights. A copy of the consent required under s. 63.062(4) and

30  executed by the department must be attached to the petition

31  for adoption. The petition for adoption must be accompanied by

                                  21
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  a form created by the department which details the social and

 2  medical history of each birth parent and includes the social

 3  security number and date of birth for each birth parent, if

 4  such information is available or readily obtainable. The

 5  person seeking to adopt the minor may not file a petition for

 6  adoption until the order terminating parental rights becomes

 7  final. An adoption proceeding under this subsection is

 8  governed by chapter 63, as limited under s. 63.037.

 9         (5)  The Legislature finds that children are most

10  likely to realize their potential when they have the ability

11  provided by good permanent families rather than spending long

12  periods of time in temporary placements or unnecessary

13  institutions. It is the intent of the Legislature that

14  decisions be consistent with the child's best interests and

15  that the department make proper adoptive placements as

16  expeditiously as possible following a final judgment

17  terminating parental rights.

18         Section 78.  Section 63.022, Florida Statutes, is

19  amended to read:

20         63.022  Legislative intent.--

21         (1)  It is the intent of the Legislature to protect and

22  promote the well-being of persons being adopted and their

23  birth and adoptive parents and to provide to all children who

24  can benefit by it a permanent family life, and, whenever

25  possible, to maintain sibling groups.

26         (2)  The basic safeguards intended to be provided by

27  this chapter act are that:

28         (a)  The minor child is legally free for adoption.

29         (b)  The required persons consent to the adoption or

30  the parent-child relationship is terminated by judgment of the

31  court.

                                  22
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (c)  The required social studies are completed and the

 2  court considers the reports of these studies prior to judgment

 3  on adoption petitions.

 4         (d)  All placements of minors for adoption are reported

 5  to the Department of Children and Family Services.

 6         (e)  A sufficient period of time elapses during which

 7  the minor child has lived within the proposed adoptive home

 8  under the guidance of the department or a licensed

 9  child-placing agency.

10         (f)  All expenditures by adoption entities

11  intermediaries placing, and persons independently adopting, a

12  minor are reported to the court and become a permanent record

13  in the file of the adoption proceedings.

14         (g)  Social and medical information concerning the

15  minor child and the birth parents is furnished by the birth

16  parent when available and filed with the court before a final

17  hearing on a petition to terminate parental rights pending

18  adoption consent to the adoption when a minor is placed by an

19  intermediary.

20         (h)  A new birth certificate is issued after entry of

21  the adoption judgment.

22         (i)  At the time of the hearing, the court may is

23  authorized to order temporary substitute care when it

24  determines that the minor is in an unsuitable home.

25         (j)  The records of all proceedings concerning custody

26  and adoption of minor children are confidential and exempt

27  from the provisions of s. 119.07(1), except as provided in s.

28  63.162.

29         (k)  The birth parent, the adoptive parent, and the

30  minor child receive the same or similar safeguards, guidance,

31  counseling, and supervision in an intermediary adoption as

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  they receive in an agency or department adoption.

 2         (l)  In all matters coming before the court pursuant to

 3  this chapter act, the court shall enter such orders as it

 4  deems necessary and suitable to promote and protect the best

 5  interests of the person to be adopted.

 6         Section 79.  Section 63.032, Florida Statutes, is

 7  amended to read:

 8         63.032  Definitions.--As used in this chapter act,

 9  unless the context otherwise requires, the term:

10         (1)  "Department" means the Department of Children and

11  Family Services.

12         (2)  "Child" means a son or daughter, whether by birth

13  or adoption.

14         (3)  "Court" means any circuit court of this state and,

15  when the context requires, the court of any state that is

16  empowered to grant petitions for adoption.

17         (4)  "Minor" means a person under the age of 18 years.

18         (5)  "Adult" means a person who is not a minor.

19         (6)  "Person" includes a natural person, corporation,

20  government or governmental subdivision or agency, business

21  trust, estate, trust, partnership, or association, and any

22  other legal entity.

23         (7)  "Agency" means any child-placing agency licensed

24  by the department pursuant to s. 63.202 to place minors for

25  adoption.

26         (8)  "Intermediary" means an attorney or physician who

27  is licensed or authorized to practice in this state and who

28  has reported the intended placement of a minor for adoption

29  under s. 63.092 or, for the purpose of adoptive placements of

30  children from out of state with citizens of this state, a

31  child-placing agency licensed in another state that is

                                  24
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  qualified by the department.

 2         (9)  "To place" or "placement" means the process of a

 3  person giving a child up for adoption and the prospective

 4  parents receiving and adopting the child, and includes all

 5  actions by any person or agency participating in the process.

 6         (10)  "Adoption" means the act of creating the legal

 7  relationship between parent and child where it did not exist,

 8  thereby declaring the child to be legally the child of the

 9  adoptive parents and their heir at law and entitled to all the

10  rights and privileges and subject to all the obligations of a

11  child born to such adoptive parents in lawful wedlock.

12         (11)  "Suitability of the intended placement" includes

13  the fitness of the intended placement, with primary

14  consideration being given to the welfare of the child; the

15  fitness and capabilities of the adoptive parent or parents to

16  function as parent or parents for a particular child; any

17  familial relationship between the child and the prospective

18  placement; and the compatibility of the child with the home in

19  which the child is intended to be placed.

20         (12)  "Primary residence and place of employment in

21  Florida" means a person lives and works in this state at least

22  6 months of the year and intends to do so for the foreseeable

23  future or military personnel who designate Florida as their

24  place of residence in accordance with the Soldiers' and

25  Sailors' Civil Relief Act of 1940 or employees of the United

26  States Department of State living in a foreign country who

27  designate Florida as their place of residence.

28         (13)  "Primarily lives and works outside Florida" means

29  anyone who does not meet the definition of "primary residence

30  and place of employment in Florida."

31         (14)  "Abandoned" means a situation in which the parent

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  or legal custodian of a child, while being able, makes no

 2  provision for the child's support and makes no effort to

 3  communicate with the child, which situation is sufficient to

 4  evince a willful rejection of parental obligations. If, in the

 5  opinion of the court, the efforts of such parent or legal

 6  custodian to support and communicate with the child are only

 7  marginal efforts that do not evince a settled purpose to

 8  assume all parental duties, the court may declare the child to

 9  be abandoned.  In making this decision, the court may consider

10  the conduct of a father towards the child's mother during her

11  pregnancy.

12         (15)  "Adoption entity" means the department under

13  chapter 39; an agency under chapter 63 or, at the request of

14  the department, under chapter 39; or an intermediary under

15  chapter 63, placing a person for adoption.

16         Section 80.  Section 63.037, Florida Statutes, is

17  created to read:

18         63.037  Proceedings applicable to cases resulting from

19  a termination of parental rights under chapter 39.--A case in

20  which a minor becomes available for adoption after the

21  parental rights of each parent have been terminated by a court

22  order issued pursuant to chapter 39 will be governed by s.

23  39.47 and this chapter. Adoption proceedings filed under

24  chapter 39 are exempt from the following provisions of this

25  chapter: disclosure requirements for the adoption entity

26  provided in s. 63.085; general provisions governing

27  termination of parental rights pending adoption provided in s.

28  63.087; notice and service provisions governing termination of

29  parental rights pending adoption provided in s. 63.088; and

30  procedures for terminating parental rights pending adoption

31  provided in s. 63.089.

                                  26
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         Section 81.  Section 63.038, Florida Statutes, is

 2  created to read:

 3         63.038  Prohibited acts.--A person who knowingly and

 4  willfully provides false information under this chapter or

 5  who, with the intent to defraud, accepts benefits related to

 6  the same pregnancy from more than one agency or intermediary

 7  without disclosing that fact to each entity commits a

 8  misdemeanor of the second degree, punishable as provided in s.

 9  775.082 or s. 775.083. In addition to any other penalty or

10  liability allowed by law, a person who knowingly and willfully

11  provides false information under this chapter or who, with

12  intent to defraud, accepts benefits related to the same

13  pregnancy from more than one agency or intermediary without

14  disclosing that fact to each entity and to any prospective

15  adoptive parent providing sums for the payment of the benefits

16  is liable for sums paid by anyone who paid sums permitted

17  under this chapter in anticipation of or in connection with an

18  adoption. A person seeking to collect moneys under this

19  section may do so by filing a civil action or may be awarded

20  restitution in a criminal prosecution.

21         Section 82.  Section 63.039, Florida Statutes, is

22  created to read:

23         63.039  Duty of adoption entity to prospective adoptive

24  parents; sanctions.--

25         (1)  An adoption entity placing a minor for adoption

26  has an affirmative duty to follow the requirements of this

27  chapter, specifically the following provisions, which protect

28  and promote the well-being of persons being adopted and their

29  birth and adoptive parents by promoting certainty, finality,

30  and permanency for such persons:

31         (a)  Provide written initial disclosure to the adoptive

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  parent at the time and in the manner required under s.

 2  63.085(1);

 3         (b)  Obtain a written statement by the adoptive parent

 4  acknowledging receipt of the written initial disclosure and

 5  distribute copies of that acknowledgment at the time and in

 6  the manner required under s. 63.085(3);

 7         (c)  Provide written initial and postbirth disclosure

 8  to the birth parent at the time and in the manner required

 9  under s. 63.085;

10         (d)  Obtain a written statement by the birth parent

11  acknowledging receipt of the written initial and postbirth

12  disclosure and distribute copies of that acknowledgment at the

13  time and in the manner required under s. 63.085(3);

14         (e)  When a written consent for adoption is obtained,

15  obtain the consent at the time and in the manner required

16  under s. 63.082;

17         (f)  When a written consent or affidavit of

18  nonpaternity for adoption is obtained, obtain a consent or

19  affidavit of nonpaternity that contains the language required

20  under s. 63.062 or s. 63.082;

21         (g)  Include in the petition to terminate parental

22  rights pending adoption all information required under s.

23  63.087(6)(e);

24         (h)  Obtain and file the affidavit of inquiry required

25  under s. 63.088(3);

26         (i)  When the identity of a person whose consent to

27  adoption is necessary under this chapter is known but the

28  location of such a person is unknown, conduct the

29  due-diligence search and file the affidavit required under s.

30  63.088(4);

31         (j)  Serve the petition and notice of hearing to

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  terminate parental rights pending adoption at the time and in

 2  the manner required by s. 63.088; and

 3         (k)  Hold the hearings required under this chapter no

 4  sooner than permitted by this chapter.

 5         (2)  An adoption entity that materially fails to meet a

 6  duty specified in subsection (1), may be liable to the

 7  prospective adoptive parents for all sums paid by the

 8  prospective adoptive parents or on their behalf in

 9  anticipation of or in connection with an adoption.

10         (3)  If a court finds that a consent taken under this

11  chapter was obtained by fraud or duress attributable to the

12  adoption entity, the court must award all sums paid by the

13  prospective adoptive parents or on their behalf in

14  anticipation of or in connection with the adoption. The court

15  may also award reasonable attorney's fees and costs incurred

16  by the prospective adoptive parents in connection with the

17  adoption and any litigation related to placement or adoption

18  of a minor. An award under this subsection must be paid

19  directly to the prospective adoptive parents by the adoption

20  entity.

21         (4)  If a person whose consent to an adoption is

22  necessary under s. 63.062 prevails in an action to set aside a

23  consent to adoption, a judgment terminating parental rights

24  pending adoption, or a judgment of adoption, the court must

25  award a reasonable attorney's fee to the prevailing party. An

26  award under this subsection is to be paid by the adoption

27  entity if the court finds that the acts or omissions of the

28  entity were the basis for the court's order granting relief to

29  the prevailing party.

30         (5)  The court must provide to The Florida Bar any

31  order that imposes sanctions under this section against an

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  attorney, whether acting as an adoption agency or as an

 2  intermediary. The court must provide to the Department of

 3  Children and Family Services any order that imposes sanctions

 4  under this section against an agency. The order must be

 5  provided within 30 days after the date that the order was

 6  issued.

 7         Section 83.  Section 63.052, Florida Statutes, is

 8  amended to read:

 9         63.052  Guardians designated; proof of commitment.--

10         (1)  For minors who have been placed for adoption with

11  and permanently committed to an agency, the agency shall be

12  the guardian of the person of the minor child; for those who

13  have been placed for adoption with and permanently committed

14  to the department, the department shall be the guardian of the

15  person of the minor child.

16         (2)  For minors who have been voluntarily surrendered

17  to an intermediary through an execution of consent to

18  adoption, the intermediary shall be responsible for the child

19  until the time a court orders preliminary approval of

20  placement of the child in the prospective adoptive home, at

21  which time the prospective adoptive parents become guardians

22  pending finalization of adoption. Until a court has terminated

23  parental rights pending adoption and has ordered preliminary

24  approval of placement of the minor in the adoptive home, the

25  minor must be placed in the care of a birth relative, placed

26  in foster care, or placed in the care of a prospective

27  adoptive home that has received a favorable home study by a

28  licensed child placing agency, a licensed professional, or an

29  agency described in s. 61.20(2) within 1 year before such

30  placement of the minor with the prospective adoptive parents.

31  The fact that a minor is temporarily placed with the

                                  30
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  prospective adoptive parents does not give rise to a

 2  presumption that the parental rights of the birth parents will

 3  subsequently be terminated.

 4         (2)  For minors who have been placed for adoption with

 5  or voluntarily surrendered to an agency, but have not been

 6  permanently committed to the agency, the agency shall have the

 7  responsibility and authority to provide for the needs and

 8  welfare for such minors.  For those minors placed for adoption

 9  with or voluntarily surrendered to the department, but not

10  permanently committed to the department, the department shall

11  have the responsibility and authority to provide for the needs

12  and welfare for such minors.  The adoption entity may

13  department, an intermediary, or a licensed child-placing

14  agency has the authority to authorize all appropriate medical

15  care for a minor the children who has have been placed for

16  adoption with or voluntarily surrendered to them.  The

17  provisions of s. 627.6578 shall remain in effect

18  notwithstanding the guardianship provisions in this section.

19         (3)  If a minor is surrendered to an intermediary for

20  subsequent adoption and a suitable prospective adoptive home

21  is not available under s. 63.092 at the time the minor is

22  surrendered to the intermediary or, if the minor is a newborn

23  admitted to a licensed hospital or birth center, at the time

24  the minor is discharged from the hospital or birth center the

25  minor must be placed in licensed foster care, the intermediary

26  shall be responsible for the child until a suitable

27  prospective adoptive home is available under s. 63.092.

28         (4)  If a minor child is voluntarily surrendered to an

29  intermediary for subsequent adoption and the adoption does not

30  become final within 180 days, the intermediary must report to

31  the court on the status of the minor child and the court may

                                  31
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  at that time proceed under s. 39.453 or take action reasonably

 2  necessary to protect the best interest of the minor child.

 3         (5)  The recital in the written consent given by the

 4  department that the minor child sought to be adopted has been

 5  permanently committed to the department shall be prima facie

 6  proof of such commitment.  The recital in the written consent

 7  given by a licensed child-placing agency or the declaration in

 8  an answer or recommendation filed by a licensed child-placing

 9  agency that the minor child has been permanently committed and

10  the child-placing agency is duly licensed by the department

11  shall be prima facie proof of such commitment and of such

12  license.

13         (6)  Unless otherwise authorized by law, the department

14  is not responsible for expenses incurred by licensed

15  child-placing agencies or intermediaries participating in

16  placement of a minor child for the purposes of adoption.

17         (7)  The court retains jurisdiction over a minor who

18  has been placed for adoption until the adoption is final.

19  After a minor is placed with an adoption entity or prospective

20  adoptive parent, the court has jurisdiction for the purpose of

21  reviewing the status of the minor and the progress being made

22  toward permanent adoptive placement. As part of this

23  continuing jurisdiction, for good cause shown by a person

24  whose consent to an adoption is required under s. 63.062, by a

25  party to any proceeding involving the minor, or upon the

26  court's own motion, the court may review the appropriateness

27  of the adoptive placement of the minor.

28         Section 84.  Section 63.062, Florida Statutes, is

29  amended to read:

30         63.062  Persons required to consent to adoption.--

31         (1)  Unless supported by one or more of the grounds

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  enumerated under s. 63.089(3) consent is excused by the court,

 2  a petition to terminate parental rights pending adoption adopt

 3  a minor may be granted only if written consent has been

 4  executed as provided in s. 63.082 after the birth of the minor

 5  or notice has been served under s. 63.088 to by:

 6         (a)  The mother of the minor.

 7         (b)  The father of the minor, if:

 8         1.  The minor was conceived or born while the father

 9  was married to the mother;.

10         2.  The minor is his child by adoption;.

11         3.  The minor has been established by court proceeding

12  to be his child.

13         (c)  If there is no father as set forth in subsection

14  (b), any man for whom the minor has been established to be his

15  child by scientific tests that are generally acceptable within

16  the scientific community to show a probability of paternity.

17         (d)  If there is no father as set forth in subsection

18  (b) or subsection (c), any man who:

19         1.4.  He Has acknowledged in writing, signed in the

20  presence of a competent witness, that he is the father of the

21  minor and has filed such acknowledgment with the Office of

22  Vital Statistics of the Department of Health;.

23         2.5.  He Has provided the child or the mother during

24  her pregnancy with support in a repetitive, customary manner;.

25         3.  Has been identified by the birth mother as a person

26  she has reason to believe may be the father of the minor in an

27  action to terminate parental rights pending adoption pursuant

28  to this chapter; or

29         4.  Is a party in any pending proceeding in which

30  paternity, custody, or termination of parental rights

31  regarding the minor is at issue.

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (e)(c)  The minor, if more than 12 years of age, unless

 2  the court in the best interest of the minor dispenses with the

 3  minor's consent.

 4         (2)  Any person whose consent is required under

 5  paragraph (1)(b), paragraph (1)(c), or paragraph (1)(d) may

 6  execute an affidavit of nonpaternity in lieu of a consent

 7  under this section and by doing so waives notice to all court

 8  proceedings after the date of execution. An affidavit of

 9  nonpaternity must be executed under s. 63.082 and the person

10  executing the affidavit must receive disclosure under s.

11  63.085 prior to signing the affidavit. An affidavit of

12  nonpaternity must be in substantially the following form:

13

14                    AFFIDAVIT OF NONPATERNITY

15

16         1.  I have personal knowledge of the facts

17         stated herein.

18         2.  I have been told that ...... has a child. I

19         shall not establish or

20         claim paternity for this child.

21         3.  The child noted herein was not conceived or

22         born while the birth mother was married to me.

23         I AM NOT MARRIED TO THE BIRTH MOTHER, nor do I

24         intend to marry the birth mother.

25         4.  I have not provided the birth mother with

26         child support or prebirth support; I have not

27         provided her with prenatal care nor assisted

28         her with medical expenses; I have not provided

29         the birth mother or her child or unborn child

30         with support of any kind, nor do I intend to do

31         so.

                                  34
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         5.  I have no interest in assuming the

 2         responsibilities of parenthood for this child.

 3         I will not acknowledge in writing to be the

 4         father of this child nor institute court

 5         proceedings to establish the child to be mine.

 6         6.  I do not object to any decision or

 7         arrangements ... makes regarding this child,

 8         including adoption.

 9

10         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

11         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

12         ADOPTION UNDER THIS CHAPTER.

13

14         (3)(2)  The court may require that consent be executed

15  by:

16         (a)  Any person lawfully entitled to custody of the

17  minor; or

18         (b)  The court having jurisdiction to determine custody

19  of the minor, if the person having physical custody of the

20  minor has no authority to consent to the adoption.

21         (4)(3)  The petitioner must make good faith and

22  diligent efforts as provided under s. 63.088 to notify, and

23  obtain written consent from, the persons required to consent

24  to adoption under s. 63.062 within 60 days after filing the

25  petition. These efforts may include conducting interviews and

26  record searches to locate those persons, including verifying

27  information related to location of residence, employment,

28  service in the Armed Forces, vehicle registration in this

29  state, and corrections records.

30         (5)(4)  If parental rights to the minor have previously

31  been terminated, a licensed child-placing agency or the

                                  35
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  department with which the minor child has been placed for

 2  subsequent adoption may provide consent to the adoption.  In

 3  such case, no other consent is required.

 4         (6)(5)  A petition to adopt an adult may be granted if:

 5         (a)  Written consent to adoption has been executed by

 6  the adult and the adult's spouse, if any.

 7         (b)  Written consent to adoption has been executed by

 8  the birth parents, if any, or proof of service of process has

 9  been filed, showing notice has been served on the parents as

10  provided in this chapter section.

11         Section 85.  Section 63.082, Florida Statutes, is

12  amended to read:

13         63.082  Execution of consent or affidavit of

14  nonpaternity; family medical history; withdrawal of consent.--

15         (1)  Consent or an affidavit of nonpaternity shall be

16  executed as follows:

17         (a)  If by the person to be adopted, by oral or written

18  statement in the presence of the court or by being

19  acknowledged before a notary public.

20         (b)  If by an agency, by affidavit from its authorized

21  representative.

22         (c)  If by any other person, in the presence of the

23  court or by affidavit.

24         (d)  If by a court, by an appropriate order or

25  certificate of the court.

26         (2)  A consent that does not name or otherwise identify

27  the adopting parent is valid if the consent contains a

28  statement by the person consenting that the consent was

29  voluntarily executed and that identification of the adopting

30  parent is not required for granting the consent.

31         (3)(a)  The department must provide a consent form and

                                  36
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  a family social and medical history form to an adoption entity

 2  that intermediary who intends to place a child for adoption.

 3  The forms completed by the birth parents must be attached to

 4  the petition to terminate parental rights pending adoption and

 5  must contain such biological and sociological information, or

 6  such information as to the family medical history, regarding

 7  the minor child and the birth parents as is required by the

 8  department. The information must be incorporated into the

 9  final home investigation report specified in s. 63.125. The

10  court may also require that the birth mother and birth father

11  must be interviewed by a representative of the department, a

12  licensed child-placing agency, or a professional pursuant to

13  s. 63.092 before the consent is executed, unless the birth

14  parent is found to be an unlocated parent or an unidentified

15  parent. A summary of each interview, or a statement that the

16  parent is unlocated or unidentified, must be filed with the

17  petition to terminate parental rights pending adoption and

18  included in the final home study filed under s. 63.125.

19         (b)  Consent executed by the department, by a licensed

20  child-placing agency, or by an appropriate order or

21  certificate of the court under s. 63.062(3)(b) must be

22  attached to the petition to terminate parental rights pending

23  adoption and must be accompanied by a family medical history

24  that includes such information concerning the medical history

25  of the child and the birth parents as is available or readily

26  obtainable.

27         (c)  If any executed consent or social and medical

28  history is unavailable because the person whose consent is

29  required is unlocated or unidentified, the petition must be

30  accompanied by the affidavit of due diligence required under

31  s. 63.088.

                                  37
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (4)(a)  The consent to an adoption or affidavit of

 2  nonpaternity shall not for voluntary surrender must be

 3  executed before after the birth of the minor.

 4         (b)  A consent to adoption of a minor who is to be

 5  placed for adoption under s. 63.052 upon the minor's release

 6  following birth from a licensed hospital or birth center,

 7  shall not be executed sooner than:

 8         1.  48 hours from the time of the minor's birth; or

 9         2.  The day the birth mother is determined in writing,

10  either on a patient chart or in release paperwork to be fit

11  for release from a licensed hospital or birth center;

12  whichever is sooner.

13

14  A consent executed under this paragraph is valid upon

15  execution and thereafter may only be withdrawn when the court

16  finds that it was obtained by fraud or under duress.

17         (c)  When the minor to be adopted is not placed under

18  s. 63.052 upon the minor's release following birth from a

19  licensed hospital or birth center, the consent may be executed

20  at any time after the birth of the minor. While such consent

21  is valid upon execution, it is subject to a 3-day revocation

22  period under subsection (7).

23         (d)  The consent or affidavit of nonpaternity must be

24  signed child, in the presence of two witnesses, and be

25  acknowledged before a notary public who is not signing as one

26  of the witnesses. The notary public must legibly note on the

27  consent or affidavit of nonpaternity the date and time the

28  consent or affidavit of nonpaternity was executed. The

29  witnesses' names must be typed or printed underneath their

30  signatures. The witnesses', and their home or business

31  addresses and social security numbers, driver's license

                                  38
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  numbers, or state identification card numbers must be

 2  included. The absence of a social security number, driver's

 3  license number, or state identification card number shall not

 4  be deemed to invalidate the consent. The person who signs the

 5  consent or affidavit has the right to have at least one of the

 6  witnesses be an individual who does not have a partnership,

 7  employment, agency, or other professional or personal

 8  relationship with the adoption entity or the prospective

 9  adoptive parents. The person who signs the consent or

10  affidavit of nonpaternity must be given reasonable notice of

11  the right to select a witness of his or her own choosing. The

12  person who signs the consent or affidavit of nonpaternity must

13  acknowledge in writing on the consent or affidavit that such

14  notice was given and indicate the witness, if any, who was

15  selected by the person signing the consent or affidavit. A

16  consent to adoption must contain, in at least 16-point

17  boldfaced type, an acknowledgement of the birth parent's

18  rights in substantially the following form:

19

20         YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU

21         HAVE THE RIGHT TO DO ANY OF THE FOLLOWING

22         INSTEAD OF SIGNING THIS CONSENT OR BEFORE

23         SIGNING THIS CONSENT:

24

25         (A)  CONSULT WITH AN ATTORNEY;

26         (B)  HOLD, CARE FOR, AND FEED THE CHILD;

27         (C)  PLACE THE CHILD IN FOSTER CARE OR WITH ANY

28         FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

29         WILLING TO CARE FOR YOUR CHILD;

30         (D)  TAKE THE CHILD HOME; AND

31         (E)  FIND OUT ABOUT THE COMMUNITY RESOURCES

                                  39
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

 2         THROUGH WITH THE ADOPTION.

 3

 4         IF YOU DO SIGN THIS CONSENT, YOU ARE

 5         RELINQUISHING ALL RIGHTS TO YOUR CHILD. YOUR

 6         CONSENT IS VALID AND BINDING UNLESS WITHDRAWN

 7         AS PERMITTED BY LAW. WHEN RELINQUISHING YOUR

 8         RIGHTS TO A CHILD WHO IS TO BE PLACED FOR

 9         ADOPTION UNDER S. 63.052, F.S., UPON THE

10         MINOR'S RELEASE FOLLOWING BIRTH FROM A LICENSED

11         HOSPITAL OR BIRTH CENTER, A WAITING PERIOD WILL

12         BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT FOR

13         ADOPTION. YOU WILL BE REQUIRED TO WAIT 48 HOURS

14         FROM THE TIME OF BIRTH, OR UNTIL THE BIRTH

15         MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON

16         HER CHART OR IN RELEASE PAPERS THAT SHE IS FIT

17         TO BE RELEASED FROM A LICENSED HOSPITAL OR

18         BIRTHING CENTER, WHICHEVER IS SOONER, BEFORE

19         YOU MAY SIGN THE CONSENT FOR ADOPTION. ONCE YOU

20         HAVE SIGNED THE CONSENT, IT IS VALID AND

21         BINDING AND CANNOT BE WITHDRAWN UNLESS A COURT

22         FINDS THAT IT WAS OBTAINED THROUGH FRAUD OR

23         UNDER DURESS. IF YOU ARE RELINQUISHING YOUR

24         RIGHTS TO A CHILD WHO IS NOT PLACED UNDER S.

25         63.052, F.S., UPON THE MINOR'S RELEASE

26         FOLLOWING BIRTH FROM A LICENSED HOSPITAL OR

27         BIRTH CENTER, THE CONSENT MAY BE EXECUTED AT

28         ANY TIME AFTER THE BIRTH OF THE MINOR. WHILE

29         SUCH CONSENT IS VALID UPON EXECUTION, IT IS

30         SUBJECT TO A 3-DAY REVOCATION PERIOD.

31

                                  40
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         WHEN THE REVOCATION PERIOD APPLIES, YOU MAY

 2         WITHDRAW YOUR CONSENT FOR ANY REASON IF YOU DO

 3         SO WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

 4         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

 5         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

 6         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

 7         LATER.

 8

 9         YOU MAY DO THIS BY NOTIFYING THE ADOPTION

10         ENTITY IN WRITING THAT YOU ARE WITHDRAWING YOUR

11         CONSENT. YOU MAY DO THIS BY PRESENTING A LETTER

12         AT A UNITED STATES POST OFFICE AND ASKING THAT

13         THE LETTER BE SENT BY CERTIFIED UNITED STATES

14         MAIL WITH RETURN RECEIPT REQUESTED WITHIN 3

15         BUSINESS DAYS AFTER THE DATE YOU SIGNED THE

16         CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE

17         BIRTH MOTHER'S DISCHARGE FROM A LICENSED

18         HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER.

19         AS USED IN THIS SECTION, THE TERM "BUSINESS

20         DAY" MEANS A DAY ON WHICH THE UNITED STATES

21         POST OFFICE ACCEPTS CERTIFIED MAIL FOR

22         DELIVERY. THE COST OF THIS MUST BE PAID AT THE

23         TIME OF MAILING AND THE RECEIPT SHOULD BE

24         RETAINED AS PROOF THAT CONSENT WAS WITHDRAWN IN

25         A TIMELY MANNER.

26

27         THE ADOPTION ENTITY YOU SHOULD NOTIFY IS:

28         ...(Name of Adoption Entity)..., ...(Address of

29         Adoption Entity)..., ...(Phone Number of

30         Adoption Entity).... FOLLOWING 3 BUSINESS DAYS

31         AFTER THE DATE YOU SIGNED THE CONSENT OR 1

                                  41
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         BUSINESS DAY AFTER THE DATE OF THE BIRTH

 2         MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR

 3         BIRTH CENTER, WHICHEVER IS LATER, YOU MAY

 4         WITHDRAW YOUR CONSENT ONLY IF YOU CAN PROVE IN

 5         COURT THAT CONSENT WAS OBTAINED BY FRAUD OR

 6         DURESS.

 7

 8         (5)  Before any consent to adoption or affidavit of

 9  nonpaternity is executed by a birth parent, but after the

10  birth of the child, all requirements of disclosure under s.

11  63.085 must be met.

12         (6)  A copy of each consent signed in an action for

13  termination of parental rights pending adoption must be

14  provided to each person whose consent is required under s.

15  63.062. A copy of each consent must be hand delivered, with a

16  written acknowledgement of receipt signed by the person whose

17  consent is required, or mailed by first class United States

18  mail to the address of record in the court file. If a copy of

19  a consent cannot be provided as required in this section, the

20  adoption entity must execute an acknowledgement that states

21  the reason the copy of the consent is undeliverable. The

22  original consent and acknowledgment of receipt, or the

23  acknowledgment of mailing by the adoption entity, must be

24  filed with the petition for termination of parental rights

25  pending adoption.

26         (7)(5)  Consent executed under subsection (4) paragraph

27  (c) may be withdrawn for any reason by notifying the adoption

28  entity in writing by certified United States mail, return

29  receipt requested, not later than 3 business days after

30  execution of the consent or 1 business day after the date of

31  the birth mother's discharge from a licensed hospital or birth

                                  42
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  center, whichever occurs later. As used in this subsection,

 2  the term "business day" means a day on which the United States

 3  Post Office accepts certified mail for delivery. Upon

 4  receiving written notice from a person of that person's desire

 5  to withdraw consent, the adoption entity must contact the

 6  prospective adoptive parent to arrange a time certain for the

 7  adoption entity to regain physical custody of the child,

 8  unless upon motion for emergency hearing by the adoption

 9  entity, the court determines in written findings that

10  placement of the minor with the person withdrawing consent may

11  endanger the minor. If the court finds that such placement may

12  endanger the minor, the court must enter an order regarding

13  continued placement of the child. The order shall include, but

14  not be limited to, whether temporary placement in foster care

15  is appropriate, whether an investigation by the Department of

16  Children and Families is recommended, and whether a relative

17  within the third degree is available for the temporary

18  placement. In addition, if the person withdrawing consent

19  claims to be the father of the minor but has not been

20  established to be the father by marriage, court order, or

21  scientific testing, the court may order scientific paternity

22  testing and reserve ruling on removal of the child until the

23  results of such testing have been filed with the court. The

24  adoption entity must return the minor within 3 days to the

25  physical custody of the person withdrawing consent.

26  Thereafter, consent may be withdrawn only when the court finds

27  that the consent was obtained by fraud or duress. An affidavit

28  of nonpaternity may be withdrawn only if the court finds that

29  the affidavit of nonpaternity was obtained by fraud. The

30  adoption entity must include its name, address, and telephone

31  number on the consent form.

                                  43
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         Section 86.  Section 63.085, Florida Statutes, is

 2  amended to read:

 3         (Substantial rewording of section. See

 4         s. 63.085, F.S., for present text.)

 5         63.085  Disclosure by adoption entity.--

 6         (1)  DISCLOSURE REQUIRED TO BIRTH PARENTS AND

 7  PROSPECTIVE ADOPTIVE PARENTS.--Not later than 7 days after a

 8  person seeking to adopt a minor or a person seeking to place a

 9  minor for adoption contacts an adoption entity in person or

10  provides the adoption entity with a mailing address, the

11  entity must provide a written disclosure statement to that

12  person. If a birth parent did not initially contact the

13  adoption entity, the written disclosure must be provided

14  within 7 days after that birth parent is identified and

15  located. The written disclosure statement must be in

16  substantially the following form:

17

18                       ADOPTION DISCLOSURE

19

20         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

21         PROVIDED TO ALL PERSONS CONSIDERING ADOPTION TO

22         ADVISE THEM OF THE FOLLOWING FACTS REGARDING

23         ADOPTION UNDER FLORIDA LAW:

24

25              1.  Under section 63.212, Florida

26         Statutes, the existence of a placement or

27         adoption contract signed by the birth parent or

28         adoptive parent, prior approval of that

29         contract by the court, or payment of any

30         expenses permitted under Florida law does not

31         obligate anyone to sign a consent or ultimately

                                  44
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         place a minor for adoption.

 2              2.  Under section 63.092, Florida

 3         Statutes, a favorable preliminary home study

 4         and a home investigation of the prospective

 5         adoptive home must be completed as required by

 6         chapter 63, Florida Statutes, before the minor

 7         may be placed in that home.

 8              3.  Under section 63.082, Florida

 9         Statutes, a consent for adoption or affidavit

10         of nonpaternity may not be signed until after

11         the birth of the minor. The consent or

12         affidavit of nonpaternity is valid and binding

13         upon execution unless withdrawn as permitted

14         under section 63.082, Florida Statutes. If the

15         minor is to be placed for adoption upon leaving

16         the hospital, the consent may not be signed

17         until 48 hours after birth or the day the birth

18         mother is released from the hospital. If the

19         minor is not placed for adoption upon leaving

20         the hospital, a 3-day revocation period

21         applies. Consent may be withdrawn for any

22         reason by notifying the adoption entity in

23         writing. In order to withdraw consent, the

24         written withdrawal of consent must be mailed no

25         later than 3 business days after execution of

26         the consent or 1 business day after the date of

27         the birth mother's discharge from a licensed

28         hospital or birth center, whichever occurs

29         later. The letter must be mailed certified

30         mail, return receipt requested. This is done by

31         presenting it at any United States Post Office,

                                  45
    9:24 PM   04/27/98                              h3883c1c-25b01




                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         and asking that the letter be sent by certified

 2         United States mail with return receipt

 3         requested. The cost of this must be paid at the

 4         time of mailing and the receipt should be

 5         retained as proof that consent was withdrawn in

 6         a timely manner. For purposes of this chapter,

 7         the term "business day" means a day on which

 8         the United States Post Office accepts certified

 9         mail for delivery. Upon receiving written

10         notice from a person of that person's desire to

11         withdraw consent, the adoption entity must

12         contact the prospective adoptive parent to

13         arrange a time certain to regain physical

14         custody of the child. The adoption entity must

15         return the minor within 3 days to the physical

16         custody of the person withdrawing consent.

17         Thereafter, consent may be withdrawn only if

18         the court finds that consent was obtained by

19         fraud. An affidavit of nonpaternity, once

20         executed, may be withdrawn only if the court

21         finds that it was obtained by fraud.

22              4.  Under section 63.082, Florida

23         Statutes, a person who signs a consent or

24         affidavit of nonpaternity for adoption must be

25         given reasonable notice of his or her right to

26         select a person who does not have a

27         partnership, employment, agency, or other

28         professional or personal relationship with the

29         adoption entity or the prospective adoptive

30         parents to be present when the consent or

31         affidavit of nonpaternity is executed and to

                                  46
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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         sign the consent or affidavit as a witness.

 2              5.  Under section 63.088, Florida

 3         Statutes, specific and extensive efforts are

 4         required by law to attempt to obtain the

 5         consents required under section 63.062, Florida

 6         Statutes. If these efforts are unsuccessful, an

 7         order terminating parental rights pending

 8         adoption may not be issued by the court until

 9         those requirements have been met and an

10         affidavit of service has been filed with the

11         court.

12              6.  Under Florida law, an intermediary may

13         represent the legal interests of only the

14         adoptive parents, not of any birth parent. Each

15         person whose consent to an adoption is required

16         under section 63.062, Florida Statutes,

17         including each birth parent, is entitled to

18         seek independent legal advice and

19         representation before signing any document or

20         surrendering parental rights.

21              7.  Under section 63.089, Florida

22         Statutes, the termination of parental rights

23         will occur simultaneously with the entry of a

24         judgment terminating parental rights pending

25         adoption.

26              8.  Under section 63.182, Florida

27         Statutes, an action or proceeding of any kind

28         to vacate, set aside, or otherwise nullify an

29         order of adoption or an underlying order

30         terminating parental rights pending adoption on

31         any ground, including fraud or duress, must be

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         filed within 1 year after entry of the order

 2         terminating parental rights pending adoption.

 3              9.  Under section 63.182, Florida

 4         Statutes, for 1 year after the entry of a

 5         judgment of adoption, any irregularity or

 6         procedural defect in the adoption proceeding

 7         may be the subject of an appeal contesting the

 8         validity of the judgment.

 9              10.  Under section 63.089, Florida

10         Statutes, a judgment terminating parental

11         rights pending adoption is voidable and any

12         later judgment of adoption of that minor is

13         voidable if, upon the motion of a birth parent,

14         the court finds that any person knowingly gave

15         false information that prevented the birth

16         parent from timely making known his or her

17         desire to assume parental responsibilities

18         toward the minor or meeting the requirements

19         under chapter 63, Florida Statutes, to exercise

20         his or her parental rights. A motion under

21         section 63.089, Florida Statutes, must be filed

22         with the court originally entering the

23         judgment. The motion must be filed within a

24         reasonable time, but not later than 1 year

25         after the date the judgment to which the motion

26         is directed was entered.

27              11.  Under section 63.165, Florida

28         Statutes, the State of Florida maintains a

29         registry of adoption information. Information

30         about the registry is available from the

31         Department of Children and Family Services.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1              12.  Under section 63.032, Florida

 2         Statutes, a court may find that a birth parent

 3         has abandoned his or her child based on conduct

 4         during the pregnancy or based on conduct after

 5         the child is born. In addition, under section

 6         63.089, Florida Statutes, the failure of a

 7         birth parent to respond to notices of

 8         proceedings involving his or her child shall

 9         result in termination of parental rights of a

10         birth parent. A lawyer can explain what a birth

11         parent must do to protect his or her parental

12         rights. Any birth parent wishing to protect his

13         or her parental rights should act IMMEDIATELY.

14              13.  Each birth parent and adoptive parent

15         is entitled to independent legal advice and

16         representation. Attorney information may be

17         obtained from the yellow pages, The Florida

18         Bar's lawyer referral service, and local legal

19         aid offices and bar associations.

20              14.  There are counseling services

21         available in the community to assist in making

22         a parenting decision. Consult the yellow pages

23         of the telephone directory.

24              15.  Medical and social services support

25         is available if the birth parent wishes to

26         retain parental rights and responsibilities.

27         Consult the Department of Children and Family

28         Services.

29

30         (2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity

31  must obtain a written statement acknowledging receipt of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  disclosure required under subsection (1) and signed by the

 2  persons receiving the disclosure or, if it is not possible to

 3  obtain such an acknowledgement, the adoption entity must

 4  execute an affidavit stating why an acknowledgement could not

 5  be obtained. A copy of the acknowledgement of receipt of the

 6  disclosure must be provided to the person signing it. A copy

 7  of the acknowledgement or affidavit executed by the adoption

 8  entity in lieu of the acknowledgement must be maintained in

 9  the file of the adoption entity. The original acknowledgement

10  or affidavit must be filed with the court. In the case of a

11  disclosure provided under subsection (1), the original

12  acknowledgement or affidavit must be included in the

13  preliminary home study required in s. 63.092(3).

14         (3)  POST-BIRTH DISCLOSURE TO BIRTH PARENTS.--Before

15  execution of any consent to adoption by a birth parent, but

16  after the birth of the minor, all requirements of subsections

17  (1) and (2) for making certain disclosures to a birth parent

18  and obtaining a written acknowledgment of receipt must be

19  repeated.

20         Section 87.  Section 63.087, Florida Statutes, is

21  created to read:

22         63.087  Proceeding to terminate parental rights pending

23  adoption; general provisions.--

24         (1)  INTENT.--It is the intent of the Legislature to

25  provide a proceeding in which the court determines whether a

26  minor is legally available for adoption through a separate

27  proceeding to address termination of parental rights prior to

28  the filing of a petition for adoption.

29         (2)  GOVERNING RULES.--The Florida Family Law Rules of

30  Procedure govern a proceeding to terminate parental rights

31  pending adoption unless otherwise provided by law.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (3)  JURISDICTION.--A court of this state which is

 2  competent to decide child welfare or custody matters has

 3  jurisdiction to hear all matters arising from a proceeding to

 4  terminate parental rights pending adoption. All subsequent

 5  proceedings for the adoption of the minor, if the petition for

 6  termination is granted, must be conducted by the same judge as

 7  these proceedings whenever possible.

 8         (4)  VENUE.--A petition to terminate parental rights

 9  pending adoption must be filed in the county where the child

10  resided for the prior 6 months or, if the child is younger

11  than 6 months of age, in the county where the birth mother or

12  birth father resided at the time of the execution of the

13  consent to adoption or the affidavit of nonpaternity, or, if

14  there is no consent or affidavit of nonpaternity executed by a

15  birth parent, in the county where the birth mother resides.

16         (5)  PREREQUISITE FOR ADOPTION.--A petition for

17  adoption may not be filed until 30 days after the date the

18  judge signed the judgment terminating parental rights pending

19  adoption under this chapter, unless the adoptee is an adult or

20  the minor has been the subject of a judgment terminating

21  parental rights under chapter 39.

22         (6)  PETITION.--

23         (a)  A proceeding seeking to terminate parental rights

24  pending adoption pursuant to this chapter must be commenced by

25  the filing of an original petition after the birth of the

26  minor.

27         (b)  The petition may be filed by a birth parent or

28  legal guardian of the minor.

29         (c)  The petition must be entitled: "In the Matter of

30  the Proposed Adoption of a Minor Child."

31         (d)  If a petition for a declaratory statement under s.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  63.102 has previously been filed, a subsequent petition to

 2  terminate parental rights pending adoption may, at the request

 3  of any party or on the court's own motion, be consolidated

 4  with that previous action. If the petition to terminate

 5  parental rights pending adoption is consolidated with a prior

 6  petition filed under this chapter for which a filing fee has

 7  been paid, the petitioner may not be charged a subsequent or

 8  additional filing fee.

 9         (e)  The petition to terminate parental rights pending

10  adoption must be in writing and signed by the petitioner under

11  oath stating the petitioner's good faith in filing the

12  petition. A written consent, affidavit of nonpaternity, or

13  affidavit of due diligence under s. 63.088, for each person

14  whose consent is required under s. 63.062, must be attached.

15         (f)  The petition must include:

16         1.  The minor's name, gender, date of birth, and place

17  of birth. The petition must contain all names by which the

18  minor is or has been known, including the minor's legal name

19  at the time of the filing of the petition, to allow interested

20  parties to the action, including birth parents, legal

21  guardians, persons with custodial or visitation rights to the

22  minor, and persons entitled to notice pursuant to the Uniform

23  Child Custody Jurisdiction Act or the Indian Child Welfare

24  Act, to identify their own interest in the action.

25         2.  If the petition is filed before the day the minor

26  is 6 months old and if the identity or location of the birth

27  father is unknown, each city in which the birth mother resided

28  or traveled during the 12 months prior to the minor's birth,

29  including the county and state in which that city is located.

30         3.  Unless the consent of each person whose consent is

31  required under s. 63.062 or an affidavit of nonpaternity is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  attached to the petition, the name and address or, if a

 2  specific address is unknown, the city, including the county

 3  and state in which that city is located, of:

 4         a.  The minor's mother;

 5         b.  Any man whom the mother reasonably believes may be

 6  the minor's father; and

 7         c.  Any legal custodian of the minor.

 8

 9  If a required name or address is not known, the petition must

10  so state.

11         4.  All information required by the Uniform Child

12  Custody Jurisdiction Act and the Indian Child Welfare Act.

13         5.  A statement of the grounds under s. 63.089 upon

14  which the petition is based.

15         6.  The name, address, and telephone number of any

16  adoption entity seeking to place the minor for adoption.

17         7.  The name, address, and phone number of the division

18  of the circuit in which the petition is to be filed.

19         (7)  ANSWER NOT REQUIRED.--An answer to the petition or

20  any pleading need not be filed by any minor, parent, or legal

21  custodian, but any matter that might be set forth in an answer

22  or other pleading may be pleaded orally before the court or

23  filed in writing as any such person may choose.

24  Notwithstanding the filing of any answer or any pleading, any

25  person present at the hearing to terminate parental rights

26  pending adoption whose consent to adoption is required under

27  s. 63.062 must:

28         (a)  Be advised by the court that he or she has a right

29  to ask that the hearing be reset for a later date so that the

30  person may consult with an attorney;

31         (b)  Be given an opportunity to deny the allegations in

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  the petition; and

 2         (c)  Be given the opportunity to challenge the validity

 3  of any consents or affidavits of nonpaternity signed by any

 4  person.

 5         Section 88.  Section 63.088, Florida Statutes, is

 6  created to read:

 7         63.088  Proceeding to terminate parental rights pending

 8  adoption; notice and service.--

 9         (1)  INITIATE LOCATION AND IDENTIFICATION

10  PROCEDURES.--When the location or identity of a person whose

11  consent to an adoption is required but is not known, the

12  adoption entity must begin the inquiry and diligent search

13  process required by this section not later than 7 days after

14  the date on which the person seeking to place a minor for

15  adoption has evidenced in writing to the entity a desire to

16  place the minor for adoption with that entity or not later

17  than 7 days after the date any money is provided as permitted

18  under this chapter by the adoption entity for the benefit of

19  the person seeking to place a minor for adoption.

20         (2)  LOCATION AND IDENTITY KNOWN.--Before the court may

21  determine that a minor is available for adoption, and in

22  addition to the other requirements set forth in this chapter,

23  each person whose consent is required under s. 63.062, who has

24  not executed an affidavit of nonpaternity, and whose location

25  and identity has been determined by compliance with the

26  procedures in this section must be personally served, pursuant

27  to chapter 48, at least 30 days before the hearing with a copy

28  of the petition to terminate parental rights pending adoption

29  and with notice in substantially the following form:

30

31                  NOTICE OF PETITION AND HEARING

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

 2

 3         A petition to terminate parental rights pending

 4         adoption has been filed. A copy of the petition

 5         is being served with this notice. There will be

 6         a hearing on the petition to terminate parental

 7         rights pending adoption on ... (date) ... at

 8         ... (time) ... before ... (judge) ... at ...

 9         (location, including complete name and street

10         address of the courthouse) .... The court has

11         set aside ... (amount of time) ... for this

12         hearing.

13

14         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

15         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

16         THE COURT OR TO APPEAR AT THIS HEARING

17         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

18         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

19         THE MINOR CHILD.

20

21         (3)  REQUIRED INQUIRY.--In all cases filed under this

22  section, the court must conduct the following inquiry of the

23  person who is placing the minor for adoption and of any

24  relative or custodian of the minor who is present at the

25  hearing and likely to have the following information:

26         (a)  Whether the mother of the minor was married at any

27  time when conception of the minor may have occurred or at the

28  time of the birth of the minor;

29         (b)  Whether the mother was cohabiting with a male at

30  any time when conception of the minor may have occurred;

31         (c)  Whether the mother has received payments or

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  promises of support with respect to the minor or, because of

 2  her pregnancy, from any person she has reason to believe may

 3  be the father;

 4         (d)  Whether the mother has named any person as the

 5  father on the birth certificate of the minor or in connection

 6  with applying for or receiving public assistance;

 7         (e)  Whether any person has acknowledged or claimed

 8  paternity of the minor; and

 9         (f)  Whether the mother knows the identity of any

10  person whom she has reason to believe may be the father.

11

12  The information required under this subsection may be provided

13  to the court in the form of a sworn affidavit by a person

14  having personal knowledge of the facts, addressing each

15  inquiry enumerated in this subsection. The inquiry required

16  under this subsection may be conducted before the birth of the

17  minor.

18         (4)  LOCATION UNKNOWN; IDENTITY DETERMINED.--If the

19  inquiry by the court under subsection (3) identifies any

20  person whose consent is required under s. 63.062 and who has

21  not executed an affidavit of nonpaternity, and the location of

22  the person from whom consent is required is unknown, the

23  adoption entity must conduct a diligent search for that person

24  which must include the following inquiries:

25         (a)  The person's current address, or any previous

26  address, through an inquiry of the United States Post Office

27  through the Freedom of Information Act;

28         (b)  The last known employment of the person, including

29  the name and address of the person's employer. Inquiry should

30  be made of the last known employer as to any address to which

31  wage and earnings statements (W-2 forms) of the person have

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  been mailed. Inquiry should be made of the last known employer

 2  as to whether the person is eligible for a pension or

 3  profit-sharing plan and any address to which pension or other

 4  funds have been mailed;

 5         (c)  Union memberships the person may have held or

 6  unions that governed the person's particular trade or craft in

 7  the area where the person last resided;

 8         (d)  Regulatory agencies, including those regulating

 9  licensing in the area where the person last resided;

10         (e)  Names and addresses of relatives to the extent

11  such can be reasonably obtained from the petitioner or other

12  sources, contacts with those relatives, and inquiry as to the

13  person's last known address. The petitioner shall pursue any

14  leads of any addresses where the person may have moved.

15  Relatives include, but are not limited to, parents, brothers,

16  sisters, aunts, uncles, cousins, nieces, nephews,

17  grandparents, great grandparents, former in-laws, stepparents,

18  and stepchildren;

19         (f)  Information as to whether or not the person may

20  have died, and if so, the date and location;

21         (g)  Telephone listings in the area where the person

22  last resided;

23         (h)  Inquiries of law enforcement agencies in the area

24  where the person last resided;

25         (i)  Highway patrol records in the state where the

26  person last resided;

27         (j)  Department of Corrections records in the state

28  where the person last resided;

29         (k)  Hospitals in the area where the person last

30  resided;

31         (l)  Records of utility companies, including water,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  sewer, cable TV, and electric companies in the area where the

 2  person last resided;

 3         (m)  Records of the Armed Forces of the United States

 4  as to whether there is any information as to the person;

 5         (n)  Records of the tax assessor and tax collector in

 6  the area where the person last resided; and

 7         (o)  Search of one Internet data bank locator service.

 8

 9  Any person contacted by a petitioner who is requesting

10  information pursuant to this subsection must release the

11  requested information to the petitioner, except when

12  prohibited by law, without the necessity of a subpoena or

13  court order. An affidavit of diligent search executed by the

14  petitioner and the adoption entity must be filed with the

15  court confirming completion of each aspect of the diligent

16  search enumerated in this subsection and specifying the

17  results. The diligent search required under this subsection

18  may be conducted before the birth of the minor.

19         (5)  LOCATION NOT DETERMINED OR IDENTITY UNKNOWN.--This

20  subsection only applies if, as to any person whose consent is

21  required under s. 63.062 and who has not executed an affidavit

22  of nonpaternity, the location or identity of the person is

23  unknown and the inquiry under subsection (3) fails to identify

24  the person or the due diligence search under subsection (4)

25  fails to locate the person. The unlocated or unidentified

26  person must be served notice under s. 63.088(2), of the

27  petition and hearing to terminate parental rights pending

28  adoption by constructive service in the manner provided in

29  chapter 49 in each county identified in the petition, as

30  provided in s. 63.087(6). The notice, in addition to all

31  information required in the petition under s. 63.087(6) and

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  chapter 49, must contain a physical description, including,

 2  but not limited to, age, race, hair and eye color, and

 3  approximate height and weight of the minor's mother and of any

 4  person the mother reasonably believes may be the father; the

 5  minor's date of birth; and any date and city, including the

 6  county and state in which the city is located, in which

 7  conception may have occurred. If any of the facts that must be

 8  included in the petition under this subsection are unknown and

 9  cannot be reasonably ascertained, the petition must so state.

10         Section 89.  Section 63.089, Florida Statutes, is

11  created to read:

12         63.089  Proceeding to terminate parental rights pending

13  adoption.--

14         (1)  HEARING.--The court may terminate parental rights

15  pending adoption only after a full evidentiary hearing.

16         (2)  HEARING PREREQUISITES.--The court may hold the

17  hearing only when:

18         (a)  For each person whose consent is required under s.

19  63.062:

20         1.  A consent under s. 63.082 has been executed and

21  filed within the court;

22         2.  An affidavit of nonpaternity under s. 63.082 has

23  been executed and filed with the court; or

24         3.  Notice has been provided under ss. 63.087 and

25  63.088;

26         (b)  For each notice and petition that must be served

27  under ss. 63.087 and 63.088:

28         1.  At least 30 days have elapsed since the date of

29  personal service and an affidavit of service has been filed

30  with the court;

31         2.  At least 60 days have elapsed since the first date

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  of publication of constructive service and an affidavit of

 2  service has been filed with the court; or

 3         3.  An affidavit of nonpaternity which affirmatively

 4  waives service has been executed and filed with the court;

 5         (c)  The minor named in the petition has been born; and

 6         (d)  The petition contains all information required

 7  under s. 63.087 and all affidavits of inquiry, due diligence,

 8  and service required under s. 63.088 have been obtained and

 9  filed with the court.

10         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

11  ADOPTION.--The court may issue a judgment terminating parental

12  rights pending adoption if the court determines by clear and

13  convincing evidence that each person whose consent to an

14  adoption is required under s. 63.062:

15         (a)  Has executed a valid consent that has not been

16  withdrawn under s. 63.082 and the consent was obtained

17  according to the requirements of this chapter;

18         (b)  Has executed an affidavit of nonpaternity and the

19  affidavit was obtained according to the requirements of this

20  chapter;

21         (c)  Has been properly served notice of the proceeding

22  in accordance with the requirements of this chapter and has

23  failed to file a written answer or appear at the evidentiary

24  hearing resulting in the order terminating parental rights

25  pending adoption;

26         (d)  Has abandoned the minor as abandonment is defined

27  in s. 63.032(14);

28         (e)  Is a parent of the person to be adopted, which

29  parent has been judicially declared incapacitated with

30  restoration of competency found to be medically improbable;

31         (f)  Is a legal guardian or lawful custodian of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  person to be adopted, other than a parent, who has failed to

 2  respond in writing to a request for consent for a period of 60

 3  days or, after examination of his or her written reasons for

 4  withholding consent, is found by the court to be withholding

 5  his or her consent unreasonably; or

 6         (g)  Is the spouse of the person to be adopted who has

 7  failed to consent, and the failure of the spouse to consent to

 8  the adoption is excused by reason of prolonged and unexplained

 9  absence, unavailability, incapacity, or circumstances that are

10  found by the court to constitute unreasonable withholding of

11  consent.

12         (4)  FINDING OF ABANDONMENT.--A finding of abandonment

13  resulting in a termination of parental rights must be based

14  upon clear and convincing evidence. A finding of abandonment

15  may not be based upon a lack of emotional support to a birth

16  mother during her pregnancy.

17         (a)  In making a determination of abandonment the court

18  must consider:

19         1.  Whether the actions alleged to constitute

20  abandonment demonstrate a willful disregard for the safety of

21  the child or unborn child;

22         2.  Whether other persons prevented the person alleged

23  to have abandoned the child from making the efforts referenced

24  in this subsection;

25         3.  Whether the person alleged to have abandoned the

26  child, while being able, refused to provide financial support

27  when such support was requested by the child's legal guardian

28  or custodian;

29         4.  Whether the person alleged to have abandoned the

30  child, while being able, refused to pay for medical treatment

31  when such payment was requested by the child's legal guardian

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  or custodian and those expenses were not covered by insurance

 2  or other available sources;

 3         5.  Whether the amount of support provided or medical

 4  expenses paid was appropriate, taking into consideration the

 5  needs of the child and relative means and resources available

 6  to the person alleged to have abandoned the child and

 7  available to the child's legal guardian or custodian during

 8  the period the child allegedly was abandoned; and

 9         6.  Whether the child's legal guardian or custodian

10  made the child's whereabouts known to the person alleged to

11  have abandoned the child; advised that person of the needs of

12  the child or the needs of the mother of an unborn child with

13  regard to the pregnancy; or informed that person of events

14  such as medical appointments and tests relating to the child

15  or, if unborn, the pregnancy.

16         (b)  The child has been abandoned when the parent of a

17  child is incarcerated on or after October 1, 1998, in a state

18  or federal correctional institution and sentenced to a term of

19  incarceration of 8 years or longer, regardless of how long the

20  person is actually incarcerated under that sentence or how

21  long the person will be incarcerated after October 1, 1998,

22  and:

23         1.  The period of time for which the parent is expected

24  to be incarcerated will constitute a substantial portion of

25  the period of time before the child will attain the age of 18

26  years;

27         2.  The incarcerated parent has been determined by the

28  court to be a violent career criminal as defined in s.

29  775.084, a habitual violent felony offender as defined in s.

30  775.084, or a sexual predator as defined in s. 775.21; has

31  been convicted of first degree or second degree murder in

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  violation of s. 782.04 or a sexual battery that constitutes a

 2  capital, life, or first degree felony violation of s. 794.011;

 3  or has been convicted of an offense in another jurisdiction

 4  which is substantially similar to one of the offenses listed

 5  in this paragraph. As used in this section, the term

 6  "substantially similar offense" means any offense that is

 7  substantially similar in elements and penalties to one of

 8  those listed in this paragraph, and that is in violation of a

 9  law of any other jurisdiction, whether that of another state,

10  the District of Columbia, the United States or any possession

11  or territory thereof, or any foreign jurisdiction; and

12         3.  The court determines by clear and convincing

13  evidence that continuing the parental relationship with the

14  incarcerated parent would be harmful to the child and, for

15  this reason, that termination of the parental rights of the

16  incarcerated parent is in the best interest of the child.

17         (c)  The only conduct of a father toward a mother

18  during pregnancy that the court may consider in determining

19  whether the child has been abandoned is conduct that occurred

20  after reasonable and diligent efforts have been made to inform

21  the father that he is, or may be, the father of the child.

22         (5)  DISMISSAL OF CASE WITH PREJUDICE.--If the court

23  does not find by clear and convincing evidence that parental

24  rights of a birth parent should be terminated pending

25  adoption, the court must dismiss the case with prejudice and

26  that birth parent's parental rights remain in full force under

27  the law. Parental rights may not be terminated based upon a

28  consent that the court finds has been timely withdrawn under

29  s. 63.082 or a consent or affidavit of nonpaternity that the

30  court finds was obtained by fraud. The court must enter an

31  order based upon written findings providing for the placement

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  of the minor. The court may order scientific testing to

 2  determine the paternity of the minor at any time during which

 3  the court has jurisdiction over the minor. Further

 4  proceedings, if any, regarding the minor must be brought in a

 5  separate custody action under chapter 61, a dependency action

 6  under chapter 39, or a paternity action under chapter 742.

 7         (6)  A JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

 8  ADOPTION.--

 9         (a)  The judgment terminating parental rights pending

10  adoption must be in writing and contain findings of fact as to

11  the grounds for terminating parental rights pending adoption.

12         (b)  The clerk of the court shall mail a copy of the

13  judgment within 24 hours after filing to the department, the

14  petitioner, and the respondent. The clerk shall execute a

15  certificate of each mailing.

16         (c)  A judgment terminating parental rights pending

17  adoption is voidable and any later judgment of adoption of

18  that minor is voidable if, upon the motion of a birth parent,

19  the court finds that a person knowingly gave false information

20  that prevented the birth parent from timely making known his

21  or her desire to assume parental responsibilities toward the

22  minor or meeting the requirements under this chapter to

23  exercise his or her parental rights. A motion under this

24  paragraph must be filed with the court originally entering the

25  judgment. The motion must be filed within a reasonable time,

26  but not later than 1 year after the date the termination of

27  parental rights final order was entered.

28         (d)  Not later than 30 days after the filing of a

29  motion under this subsection, the court must conduct a

30  preliminary hearing to determine what contact, if any, shall

31  be permitted between a birth parent and the child pending

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  resolution of the motion. Such contact shall only be

 2  considered if it is requested by a birth parent who has

 3  appeared at the hearing. If the court orders contact between a

 4  birth parent and child, the order must be issued in writing as

 5  expeditiously as possible and must state with specificity any

 6  provisions regarding contact with persons other than those

 7  with whom the child resides.

 8         (e)  At the preliminary hearing, the court, upon the

 9  motion of any party or its own motion, may order scientific

10  testing to determine the paternity of the minor if the person

11  seeking to set aside the judgment is alleging to be the

12  child's birth father and that fact has not previously been

13  determined by legitimacy or scientific testing. The court may

14  order supervised visitation with a person from whom scientific

15  testing for paternity has been ordered conditional upon the

16  filing of those test results with the court and such results

17  establish that person's paternity of the minor.

18         (f)  No later than 45 days after the preliminary

19  hearing, the court must conduct a final hearing on the motion

20  to set aside the judgment and issue its written order as

21  expeditiously as possible thereafter.

22         (7)  RECORDS; CONFIDENTIAL INFORMATION.--All records

23  pertaining to a petition to terminate parental rights pending

24  adoption are records related to the subsequent adoption of the

25  minor and are subject to the provisions of s. 63.162, as such

26  provisions apply to records of an adoption proceeding. The

27  confidentiality provisions of this chapter do not apply to the

28  extent information regarding persons or proceedings must be

29  made available as specified under s. 63.088.

30         Section 90.  Section 63.092, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         63.092  Report to the court of intended placement by an

 2  intermediary; preliminary study.--

 3         (1)  REPORT TO THE COURT.--The adoption entity

 4  intermediary must report any intended placement of a minor for

 5  adoption with any person not related within the third degree

 6  or a stepparent if the adoption entity intermediary has

 7  knowledge of, or participates in, such intended placement. The

 8  report must be made to the court before the minor is placed in

 9  the home.

10         (2)  AT-RISK PLACEMENT.--If the minor is placed in the

11  prospective adoptive home before the parental rights of the

12  minor's birth parents are terminated under s. 63.089, the

13  placement is an at-risk placement. If the placement is an

14  at-risk placement, the prospective adoptive parents must

15  acknowledge in writing before the minor may be placed in the

16  prospective adoptive home that the placement is at risk and

17  that the minor is subject to removal from the prospective

18  adoptive home by the adoption entity or by court order.

19         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

20  minor in the intended adoptive home, a preliminary home study

21  must be performed by a licensed child-placing agency, a

22  licensed professional, or agency described in s. 61.20(2),

23  unless the petitioner is a stepparent, a spouse of the birth

24  parent, or a relative.  The preliminary study shall be

25  completed within 30 days after the receipt by the court of the

26  adoption entity's intermediary's report, but in no event may

27  the minor child be placed in the prospective adoptive home

28  prior to the completion of the preliminary study unless

29  ordered by the court.  If the petitioner is a stepparent, a

30  spouse of the birth parent, or a relative, the preliminary

31  home study may be required by the court for good cause shown.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  The department is required to perform the preliminary home

 2  study only if there is no licensed child-placing agency,

 3  licensed professional, or agency described in s. 61.20(2), in

 4  the county where the prospective adoptive parents reside.  The

 5  preliminary home study must be made to determine the

 6  suitability of the intended adoptive parents and may be

 7  completed prior to identification of a prospective adoptive

 8  minor child.  A favorable preliminary home study is valid for

 9  1 year after the date of its completion.  A minor may child

10  must not be placed in an intended adoptive home before a

11  favorable preliminary home study is completed unless the

12  adoptive home is also a licensed foster home under s. 409.175.

13  The preliminary home study must include, at a minimum:

14         (a)  An interview with the intended adoptive parents;

15         (b)  Records checks of the department's central abuse

16  registry under chapter 415 and statewide criminal records

17  correspondence checks through the Department of Law

18  Enforcement on the intended adoptive parents;

19         (c)  An assessment of the physical environment of the

20  home;

21         (d)  A determination of the financial security of the

22  intended adoptive parents;

23         (e)  Documentation of counseling and education of the

24  intended adoptive parents on adoptive parenting;

25         (f)  Documentation that information on adoption and the

26  adoption process has been provided to the intended adoptive

27  parents;

28         (g)  Documentation that information on support services

29  available in the community has been provided to the intended

30  adoptive parents; and

31         (h)  A copy of each the signed acknowledgement

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  statement required by s. 63.085; and

 2         (i)  A copy of the written acknowledgment required by

 3  s. 63.085(1).

 4

 5  If the preliminary home study is favorable, a minor may be

 6  placed in the home pending entry of the judgment of adoption.

 7  A minor may not be placed in the home if the preliminary home

 8  study is unfavorable.  If the preliminary home study is

 9  unfavorable, the intermediary or petitioner may, within 20

10  days after receipt of a copy of the written recommendation,

11  petition the court to determine the suitability of the

12  intended adoptive home.  A determination as to suitability

13  under this subsection does not act as a presumption of

14  suitability at the final hearing.  In determining the

15  suitability of the intended adoptive home, the court must

16  consider the totality of the circumstances in the home.

17         Section 91.  Section 63.097, Florida Statutes, is

18  amended to read:

19         63.097  Fees.--

20         (1)  The following fees, costs, and expenses may be

21  assessed by the adoption entity or paid by the adoption entity

22  on behalf of the prospective adoptive parents:

23         (a)  Reasonable living expenses of the birth mother

24  which the birth mother is unable to pay due to involuntary

25  unemployment, medical disability due to the pregnancy which is

26  certified by a medical professional who has examined the birth

27  mother, or any other disability defined in s. 110.215.

28  Reasonable living expenses are rent, utilities, basic

29  telephone service, food, necessary clothing, transportation,

30  and items included in the affidavit filed under s. 63.132 and

31  found by the court to be necessary for the health of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  unborn child.

 2         (b)  Reasonable and necessary medical expenses.

 3         (c)  Expenses necessary to comply with the requirements

 4  of this chapter including, but not limited to, service of

 5  process under s. 63.088, a due diligence search under s.

 6  63.088, a preliminary home study under s. 63.092, and a final

 7  home study under s. 63.125.

 8         (d)  Court filing expenses, court costs, and other

 9  litigation expenses.

10         (e)  Costs associated with advertising under s.

11  63.212(1)(h).

12         (f)  The following professional fees:

13         1.  A reasonable hourly fee necessary to provide legal

14  representation to the adoptive parents in a proceeding filed

15  under this chapter.

16         2.  A reasonable hourly fee for contact with the birth

17  parent related to the adoption. In determining a reasonable

18  hourly fee under this subparagraph, the court must consider if

19  the tasks done were clerical or of such a nature that the

20  matter could have been handled by support staff at a lesser

21  rate than the rate for legal representation charged under

22  subparagraph 1. This includes, but need not be limited to,

23  tasks such as transportation, transmitting funds, arranging

24  appointments, and securing accommodations. This does not

25  include obtaining a birth parent's signature on any document.

26         3.  A reasonable hourly fee for counseling services

27  provided to a birth parent or adoptive parent by a

28  psychologist licensed under chapter 490 or a clinical social

29  worker, marriage and family therapist, or mental health

30  counselor licensed under chapter 491.

31         (2)  Prior approval of the court is not required until

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  the cumulative total of amounts permitted under subsection (1)

 2  exceeds:

 3         (a)  $2,500 in legal or other fees;

 4         (b)  $500 in court costs; or

 5         (c)  $3,000 in expenditures.

 6         (3)  Any fees, costs, or expenditures not included in

 7  subsection (1) or prohibited under subsection (4) require

 8  court approval prior to payment and must be based on a finding

 9  of extraordinary circumstances.

10         (4)  The following fees, costs, and expenses are

11  prohibited:

12         1.  Any fee or expense that constitutes payment for

13  locating a minor for adoption.

14         2.  Cumulative expenses in excess of a total of $500

15  related to the minor, the pregnancy, a birth parent, or

16  adoption proceeding which are incurred prior to the date the

17  prospective adoptive parent retains the adoption entity.

18         3.  Any lump-sum payment to the entity which is

19  nonrefundable directly to the payor or which is not itemized

20  on the affidavit filed under s. 63.132.

21         4.  Any fee on the affidavit which does not specify the

22  service that was provided and for which the fee is being

23  charged, such as a fee for facilitation, acquisition, or other

24  similar service, or which does not identify the date the

25  service was provided, the time required to provide the

26  service, the person or entity providing the service, and the

27  hourly fee charged.

28         (1)  APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over

29  $1,000 and those costs as set out in s. 63.212(1)(d) over

30  $2,500, paid to an intermediary other than actual, documented

31  medical costs, court costs, and hospital costs must be

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  approved by the court prior to assessment of the fee by the

 2  intermediary and upon a showing of justification for the

 3  larger fee.

 4         (5)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--When an

 5  intermediary uses the services of a licensed child-placing

 6  agency, a professional, any other person or agency pursuant to

 7  s. 63.092, or, if necessary, the department, the person

 8  seeking to adopt the child must pay the licensed child-placing

 9  agency, professional, other person or agency, or the

10  department an amount equal to the cost of all services

11  performed, including, but not limited to, the cost of

12  conducting the preliminary home study, counseling, and the

13  final home investigation.  The court, upon a finding that the

14  person seeking to adopt the child is financially unable to pay

15  that amount, may order that such person pay a lesser amount.

16         Section 92.  Section 63.102, Florida Statutes, is

17  amended to read:

18         63.102  Filing of petition; venue; proceeding for

19  approval of fees and costs.--

20         (1)  After a court order terminating parental rights

21  has been issued, a proceeding for adoption may shall be

22  commenced by filing a petition entitled, "In the Matter of the

23  Adoption of ...." in the circuit court.  The person to be

24  adopted shall be designated in the caption in the name by

25  which he or she is to be known if the petition is granted.  If

26  the child is placed for adoption by an agency, Any name by

27  which the minor child was previously known may shall not be

28  disclosed in the petition, the notice of hearing, or the

29  judgment of adoption.

30         (2)  A petition for adoption or for a declaratory

31  statement as to the adoption contract shall be filed in the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  county where the petitioner or petitioners or the minor child

 2  resides or where the agency or intermediary with in which the

 3  minor child has been placed is located.

 4         (3)  Except for adoptions involving placement of a

 5  minor child with a relative within the third degree of

 6  consanguinity, a petition for adoption in an adoption handled

 7  by an intermediary shall be filed within 30 working days after

 8  placement of a minor child with a parent seeking to adopt the

 9  minor child.  If no petition is filed within 30 days, any

10  interested party, including the state, may file an action

11  challenging the prospective adoptive parent's physical custody

12  of the minor child.

13         (4)  If the filing of the petition for adoption or for

14  a declaratory statement as to the adoption contract in the

15  county where the petitioner or minor child resides would tend

16  to endanger the privacy of the petitioner or minor child, the

17  petition for adoption may be filed in a different county,

18  provided the substantive rights of any person will not thereby

19  be affected.

20         (5)  A proceeding for prior approval of fees and costs

21  may be commenced any time after an agreement is reached

22  between the birth mother and the adoptive parents by filing a

23  petition for declaratory statement on the agreement entitled

24  "In the Matter of the Proposed Adoption of a Minor Child" in

25  the circuit court.

26         (a)  The petition must be filed jointly by the adoption

27  entity and each person who enters into the agreement.

28         (b)  A contract for the payment of fees, costs, and

29  expenditures permitted under this chapter must be in writing,

30  and any person who enters into the contract has 3 business

31  days in which to cancel the contract. To cancel the contract,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  the person must notify the adoption entity in writing by

 2  certified United States mail, return receipt requested, no

 3  later than 3 business days after signing the contract. For the

 4  purposes of this subsection, the term "business day" means a

 5  day on which the United States Post Office accepts certified

 6  mail for delivery. If the contract is canceled within the

 7  first 3 business days, the person who cancels the contract

 8  does not owe any legal, intermediary, or other fees, but may

 9  be responsible for the adoption entity's actual costs during

10  that time.

11         (c)  The court may grant prior approval only of fees

12  and expenditures permitted under s. 63.097. A prior approval

13  of prospective fees and costs does not create a presumption

14  that these items will subsequently be approved by the court

15  under s. 63.132 unless such a finding is supported by the

16  evidence submitted at that time. The court retains

17  jurisdiction to order an adoption entity to refund to the

18  person who enters into the contract any sum or portion of a

19  sum preapproved under this subsection if, upon submission of a

20  complete accounting of fees, costs, and expenses in an

21  affidavit required under s. 63.132, the court finds the fees,

22  costs, and expenses actually incurred to be less than the sums

23  approved prospectively under this subsection.

24         (d)  The contract may not require, and the court may

25  not approve, any lump-sum payment to the entity which is

26  nonrefundable to the payor or any amount that constitutes

27  payment for locating a minor for adoption.

28         (e)  If a petition for adoption is filed under this

29  section subsequent to the filing of a petition for a

30  declaratory statement or a petition to terminate parental

31  rights pending adoption, the previous petition may, at the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  request of any party or on the court's own motion, be

 2  consolidated with the petition for adoption. If the petition

 3  for adoption is consolidated with a prior petition filed under

 4  this chapter for which a filing fee has been paid, the

 5  petitioner may not be charged any subsequent or additional

 6  filing fee.

 7         (f)  Prior approval of fees and costs by the court does

 8  not obligate the birth parent to ultimately relinquish the

 9  minor for adoption. If a petition for adoption is subsequently

10  filed, the petition for declaratory statement and the petition

11  for adoption must be consolidated into one case.

12         Section 93.  Section 63.112, Florida Statutes, is

13  amended to read:

14         63.112  Petition for adoption; description; report or

15  recommendation, exceptions; mailing.--

16         (1)  A sufficient number of copies of the petition for

17  adoption shall be signed and verified by the petitioner and

18  filed with the clerk of the court so that service may be made

19  under subsection (4) and shall state:

20         (a)  The date and place of birth of the person to be

21  adopted, if known;

22         (b)  The name to be given to the person to be adopted;

23         (c)  The date petitioner acquired custody of the minor

24  and the name of the person placing the minor;

25         (d)  The full name, age, and place and duration of

26  residence of the petitioner;

27         (e)  The marital status of the petitioner, including

28  the date and place of marriage, if married, and divorces, if

29  any;

30         (f)  The facilities and resources of the petitioner,

31  including those under a subsidy agreement, available to

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  provide for the care of the minor to be adopted;

 2         (g)  A description and estimate of the value of any

 3  property of the person to be adopted;

 4         (h)  The case style and date of entry of the order

 5  terminating parental rights or the judgment declaring a minor

 6  available for adoption name and address, if known, of any

 7  person whose consent to the adoption is required, but who has

 8  not consented, and facts or circumstances that excuse the lack

 9  of consent; and

10         (i)  The reasons why the petitioner desires to adopt

11  the person.

12         (2)  The following documents are required to be filed

13  with the clerk of the court at the time the petition is filed:

14         (a)  A certified copy of the court order terminating

15  parental rights under chapter 39 or the judgment declaring a

16  minor available for adoption under this chapter The required

17  consents, unless consent is excused by the court.

18         (b)  The favorable preliminary home study of the

19  department, licensed child-placing agency, or professional

20  pursuant to s. 63.092, as to the suitability of the home in

21  which the minor has been placed.

22         (c)  The surrender document must include documentation

23  that an interview was interviews were held with:

24         1.  The birth mother, if parental rights have not been

25  terminated;

26         2.  The birth father, if his consent to the adoption is

27  required and parental rights have not been terminated; and

28         3.  the minor child, if older than 12 years of age,

29  unless the court, in the best interest of the minor child,

30  dispenses with the minor's child's consent under s.

31  63.062(1)(e) 63.062(1)(c).

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1

 2  The court may waive the requirement for an interview with the

 3  birth mother or birth father in the investigation for good

 4  cause shown.

 5         (3)  Unless ordered by the court, no report or

 6  recommendation is required when the placement is a stepparent

 7  adoption or when the minor child is related to one of the

 8  adoptive parents within the third degree.

 9         (4)  The clerk of the court shall mail a copy of the

10  petition within 24 hours after filing, and execute a

11  certificate of mailing, to the department and the agency

12  placing the minor, if any.

13         Section 94.  Section 63.122, Florida Statutes, is

14  amended to read:

15         63.122  Notice of hearing on petition.--

16         (1)  After the petition to adopt a minor is filed, the

17  court must establish a time and place for hearing the

18  petition. The hearing may must not be held sooner than 30 days

19  after the date the judgment terminating parental rights was

20  entered or sooner than 90 days after the date the minor was

21  placed the placing of the minor in the physical custody of the

22  petitioner.  The minor must remain under the supervision of

23  the department, an intermediary, or a licensed child-placing

24  agency until the adoption becomes final.  When the petitioner

25  is a spouse of the birth parent, the hearing may be held

26  immediately after the filing of the petition.

27         (2)  Notice of hearing must be given as prescribed by

28  the rules of civil procedure, and service of process must be

29  made as specified by law for civil actions.

30         (3)  Upon a showing by the petitioner that the privacy

31  of the petitioner or minor child may be endangered, the court

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  may order the names of the petitioner or minor child, or both,

 2  to be deleted from the notice of hearing and from the copy of

 3  the petition attached thereto, provided the substantive rights

 4  of any person will not thereby be affected.

 5         (4)  Notice of the hearing must be given by the

 6  petitioner to the adoption entity that places the minor.:

 7         (a)  The department or any licensed child-placing

 8  agency placing the minor.

 9         (b)  The intermediary.

10         (c)  Any person whose consent to the adoption is

11  required by this act who has not consented, unless such

12  person's consent is excused by the court.

13         (d)  Any person who is seeking to withdraw consent.

14         (5)  After filing the petition to adopt an adult, a

15  notice of the time and place of the hearing must be given to

16  any person whose consent to the adoption is required but who

17  has not consented.  The court may order an appropriate

18  investigation to assist in determining whether the adoption is

19  in the best interest of the persons involved.

20         Section 95.  Section 63.125, Florida Statutes, is

21  amended to read:

22         63.125  Final home investigation.--

23         (1)  The final home investigation must be conducted

24  before the adoption becomes final.  The investigation may be

25  conducted by a licensed child-placing agency or a professional

26  in the same manner as provided in s. 63.092 to ascertain

27  whether the adoptive home is a suitable home for the minor and

28  whether the proposed adoption is in the best interest of the

29  minor.  Unless directed by the court, an investigation and

30  recommendation are not required if the petitioner is a

31  stepparent or if the minor child is related to one of the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  adoptive parents within the third degree of consanguinity.

 2  The department is required to perform the home investigation

 3  only if there is no licensed child-placing agency or

 4  professional pursuant to s. 63.092 in the county in which the

 5  prospective adoptive parent resides.

 6         (2)  The department, the licensed child-placing agency,

 7  or the professional that performs the investigation must file

 8  a written report of the investigation with the court and the

 9  petitioner within 90 days after the date the petition is

10  filed.

11         (3)  The report of the investigation must contain an

12  evaluation of the placement with a recommendation on the

13  granting of the petition for adoption and any other

14  information the court requires regarding the petitioner or the

15  minor.

16         (4)  The department, the licensed child-placing agency,

17  or the professional making the required investigation may

18  request other state agencies or child-placing agencies within

19  or outside this state to make investigations of designated

20  parts of the inquiry and to make a written report to the

21  department, the professional, or other person or agency.

22         (5)  The final home investigation must include:

23         (a)  The information from the preliminary home study.

24         (b)  After the minor child is placed in the intended

25  adoptive home, two scheduled visits with the minor child and

26  the minor's child's adoptive parent or parents, one of which

27  visits must be in the home, to determine the suitability of

28  the placement.

29         (c)  The family social and medical history as provided

30  in s. 63.082.

31         (d)  Any other information relevant to the suitability

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  of the intended adoptive home.

 2         (e)  Any other relevant information, as provided in

 3  rules that the department may adopt.

 4         Section 96.  Section 63.132, Florida Statutes, is

 5  amended to read:

 6         63.132  Affidavit Report of expenditures and

 7  receipts.--

 8         (1)  At least 10 days before the hearing on the

 9  petition for adoption, the petitioner and any adoption entity

10  intermediary must file two copies of an affidavit under this

11  section.

12         (a)  The affidavit must be signed by the adoption

13  entity and the prospective adoptive parents. A copy of the

14  affidavit must be provided to the adoptive parents at the time

15  the affidavit is executed.

16         (b)  The affidavit must itemize containing a full

17  accounting of all disbursements and receipts of anything of

18  value, including professional and legal fees, made or agreed

19  to be made by or on behalf of the petitioner and any adoption

20  entity intermediary in connection with the adoption or in

21  connection with any prior proceeding to terminate parental

22  rights which involved the minor who is the subject of the

23  petition for adoption. The affidavit must also include, for

24  each fee itemized, the service provided for which the fee is

25  being charged, the date the service was provided, the time

26  required to provide the service, the person or entity that

27  provided the service, and the hourly fee charged.

28         (c)  The clerk of the court shall forward a copy of the

29  affidavit to the department. The department must retain these

30  records for 5 years. Copies of affidavits received by the

31  department under this subsection must be provided upon the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  request of any person. The department must redact all

 2  identifying references to the minor, the birth parent, or the

 3  adoptive parent from any affidavit released by the department.

 4  The name of the adoption entity may not be redacted. The

 5  intent of this paragraph is to create a resource for adoptive

 6  parents and others wishing to obtain information about the

 7  cost of adoption in this state.

 8         (d)  The affidavit report must show any expenses or

 9  receipts incurred in connection with:

10         1.(a)  The birth of the minor.

11         2.(b)  The placement of the minor with the petitioner.

12         3.(c)  The medical or hospital care received by the

13  mother or by the minor during the mother's prenatal care and

14  confinement.

15         4.(d)  The living expenses of the birth mother.  The

16  living expenses must be documented in detail to apprise the

17  court of the exact expenses incurred.

18         5.(e)  The services relating to the adoption or to the

19  placement of the minor for adoption that were received by or

20  on behalf of the petitioner, the adoption entity intermediary,

21  either birth natural parent, the minor, or any other person.

22

23  The affidavit must state whether any of these expenses were or

24  are eligible to be paid for by collateral sources, including,

25  but not limited to, health insurance, Medicaid, Medicare, or

26  public assistance.

27         (2)  The court may require such additional information

28  as is deemed necessary.

29         (3)  The court must issue a separate order approving or

30  disapproving the fees, costs, and expenditures itemized in the

31  affidavit. The court may approve only fees, costs, and

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  expenditures allowed under s. 63.097. The court may reject in

 2  whole or in part any fee, cost, or expenditure listed if the

 3  court finds that the expense is:

 4         (a)  Contrary to this chapter;

 5         (b)  Not supported by a receipt in the record, if the

 6  expense is not a fee of the adoption entity; or

 7         (c)  Not deemed by the court to be a reasonable fee or

 8  expense, taking into consideration the requirements of this

 9  chapter and the totality of the circumstances.

10         (4)(3)  This section does not apply to an adoption by a

11  stepparent whose spouse is a birth natural or adoptive parent

12  of the minor child.

13         Section 97.  Section 63.142, Florida Statutes, is

14  amended to read:

15         63.142  Hearing; judgment of adoption.--

16         (1)  APPEARANCE.--The petitioner and the person to be

17  adopted shall appear at the hearing on the petition for

18  adoption, unless:

19         (a)  The person is a minor under 12 years of age;, or

20         (b)  The presence of either is excused by the court for

21  good cause.

22         (2)  CONTINUANCE.--The court may continue the hearing

23  from time to time to permit further observation,

24  investigation, or consideration of any facts or circumstances

25  affecting the granting of the petition.

26         (3)  DISMISSAL.--

27         (a)  If the petition is dismissed, the court shall

28  determine the person that is to have custody of the minor.

29         (b)  If the petition is dismissed, the court shall

30  state with specificity the reasons for the dismissal.

31         (4)  JUDGMENT.--At the conclusion of the hearing, after

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  when the court determines that the date for a birth parent to

 2  file an appeal of a valid judgment terminating that birth

 3  parent's parental rights has passed and no appeal is pending

 4  all necessary consents have been obtained and that the

 5  adoption is in the best interest of the person to be adopted,

 6  a judgment of adoption shall be entered.

 7         (a)  A judgment terminating parental rights pending

 8  adoption is voidable and any later judgment of adoption of

 9  that minor is voidable if, upon the motion of the birth

10  parent, the court finds that any person knowingly gave false

11  information that prevented the birth parent from timely making

12  known his or her desire to assume parental responsibilities

13  toward the minor or meeting the requirements under this

14  chapter to exercise his or her parental rights. A motion under

15  this paragraph must be filed with the court that entered the

16  original judgment. The motion must be filed within a

17  reasonable time, but not later than 1 year after the date the

18  termination of parental rights final order was entered.

19         (b)  Not later than 30 days after the filing of a

20  motion under this subsection, the court must conduct a

21  preliminary hearing to determine what contact, if any, shall

22  be permitted between a birth parent and the child pending

23  resolution of the motion. Such contact shall only be

24  considered if it is requested by a birth parent who has

25  appeared at the hearing. If the court orders contact between a

26  birth parent and child, the order must be issued in writing as

27  expeditiously as possible and must state with specificity any

28  provisions regarding contact with persons other than those

29  with whom the child resides.

30         (c)  At the preliminary hearing, the court, upon the

31  motion of any party or its own motion, may order scientific

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  testing to determine the paternity of the minor if the person

 2  seeking to set aside the judgment is alleging to be the

 3  child's birth father and that fact has not previously been

 4  determined by legitimacy or scientific testing. The court may

 5  order supervised visitation with a person from whom scientific

 6  testing for paternity has been ordered conditional upon the

 7  filing of those test results with the court and such results

 8  establish that person's paternity of the minor.

 9         (d)  No later than 45 days after the preliminary

10  hearing, the court must conduct a final hearing on the motion

11  to set aside the judgment and issue its written order as

12  expeditiously as possible thereafter.

13         Section 98.  Section 63.152, Florida Statutes, is

14  amended to read:

15         63.152  Application for new birth record.--Within 30

16  days after entry of a judgment of adoption, the clerk of the

17  court, and in agency adoptions, any child-placing agency

18  licensed by the department, shall prepare a certified

19  statement of the entry for the state registrar of vital

20  statistics on a form provided by the registrar.  The clerk of

21  the court must mail a copy of the form completed under this

22  section to the state registry of adoption information under s.

23  63.165. A new birth record containing the necessary

24  information supplied by the certificate shall be issued by the

25  registrar on application of the adopting parents or the

26  adopted person.

27         Section 99.  Section 63.165, Florida Statutes, is

28  amended to read:

29         63.165  State registry of adoption information; duty to

30  inform and explain.--Notwithstanding any other law to the

31  contrary, the department shall maintain a registry with the

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  last known names and addresses of an adoptee and his or her

 2  birth natural parents and adoptive parents; the certified

 3  statement of the final decree of adoption provided by the

 4  clerk of the court under s. 63.152; and any other identifying

 5  information that which the adoptee, birth natural parents, or

 6  adoptive parents desire to include in the registry. The

 7  department shall maintain the registry records for the time

 8  required by rules adopted by the department in accordance with

 9  this chapter or for 99 years, whichever period is greater. The

10  registry shall be open with respect to all adoptions in the

11  state, regardless of when they took place. The registry shall

12  be available for those persons choosing to enter information

13  therein, but no one shall be required to do so.

14         (1)  Anyone seeking to enter, change, or use

15  information in the registry, or any agent of such person,

16  shall present verification of his or her identity and, if

17  applicable, his or her authority.  A person who enters

18  information in the registry shall be required to indicate

19  clearly the persons to whom he or she is consenting to release

20  this information, which persons shall be limited to the

21  adoptee and the birth natural mother, birth natural father,

22  adoptive mother, adoptive father, birth natural siblings, and

23  maternal and paternal birth natural grandparents of the

24  adoptee.  Except as provided in this section, information in

25  the registry is confidential and exempt from the provisions of

26  s. 119.07(1). Consent to the release of this information may

27  be made in the case of a minor adoptee by his or her adoptive

28  parents or by the court after a showing of good cause.  At any

29  time, any person may withdraw, limit, or otherwise restrict

30  consent to release information by notifying the department in

31  writing.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (2)  The department may charge a reasonable fee to any

 2  person seeking to enter, change, or use information in the

 3  registry.  The department shall deposit such fees in a trust

 4  fund to be used by the department only for the efficient

 5  administration of this section. The department and agencies

 6  shall make counseling available for a fee to all persons

 7  seeking to use the registry, and the department shall inform

 8  all affected persons of the availability of such counseling.

 9         (3)  The department, intermediary, or licensed

10  child-placing agency must inform the birth parents before

11  parental rights are terminated, and the adoptive parents

12  before placement, in writing, of the existence and purpose of

13  the registry established under this section, but failure to do

14  so does not affect the validity of any proceeding under this

15  chapter.

16         Section 100.  Section 63.182, Florida Statutes, is

17  amended to read:

18         (Substantial rewording of section. See

19         s. 63.182, F.S., for present text.)

20         63.182  Statute of repose.--An action or proceeding of

21  any kind to vacate, set aside, or otherwise nullify an order

22  of adoption or an underlying order terminating parental rights

23  on any ground, including fraud or duress, must be filed within

24  1 year after entry of the order terminating parental rights.

25         Section 101.  Section 63.207, Florida Statutes, is

26  amended to read:

27         63.207  Out-of-state placement.--

28         (1)  Unless the minor child is to be placed with a

29  relative within the third degree or with a stepparent, or is a

30  special needs child as defined in s. 409.166, an adoption

31  entity may not no person except an intermediary, an agency, or

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  the department shall:

 2         (a)  Take or send a minor child out of the state for

 3  the purpose of placement for adoption; or

 4         (b)  Place or attempt to place a minor child for the

 5  purpose of adoption with a family who primarily lives and

 6  works outside Florida in another state.  An intermediary may

 7  place or attempt to place a child for adoption in another

 8  state only if the child is a special needs child as that term

 9  is defined in s. 409.166.  If an adoption entity intermediary

10  is acting under this subsection, the adoption entity must

11  intermediary shall file a petition for declaratory statement

12  pursuant to s. 63.102 for prior approval of fees and costs.

13  The court shall review the costs pursuant to s. 63.097.  The

14  petition for declaratory statement must be converted to a

15  petition for an adoption upon placement of the minor child in

16  the home.  The circuit court in this state must retain

17  jurisdiction over the matter until the adoption becomes final.

18  The adoptive parents must come to this state to have the

19  adoption finalized.  Violation of the order subjects the

20  adoption entity intermediary to contempt of court and to the

21  penalties provided in s. 63.212.

22         (2)  An adoption entity intermediary may not counsel a

23  birth mother to leave the state for the purpose of giving

24  birth to a child outside the state in order to secure a fee in

25  excess of that permitted under s. 63.097 when it is the

26  intention that the child is to be placed for adoption outside

27  the state.

28         (3)  When applicable, the Interstate Compact on the

29  Placement of Children authorized in s. 409.401 shall be used

30  in placing children outside the state for adoption.

31         Section 102.  Section 63.212, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  amended to read:

 2         63.212  Prohibited acts; penalties for violation.--

 3         (1)  It is unlawful for any person:

 4         (a)  Except an adoption entity the department, an

 5  intermediary, or an agency, to place or attempt to place a

 6  minor child for adoption with a person who primarily lives and

 7  works outside this state unless the minor child is placed with

 8  a relative within the third degree or with a stepparent or is

 9  a special needs child as defined in s. 409.166.  An adoption

10  entity intermediary may place or attempt to place a special

11  needs child for adoption with a person who primarily lives and

12  works outside this state only if the adoption entity

13  intermediary has a declaratory statement from the court

14  establishing the fees to be paid under s. 63.207.  This

15  requirement does not apply if the minor child is placed with a

16  relative within the third degree or with a stepparent.

17         (b)  Except an adoption entity the department, an

18  intermediary, or an agency, to place or attempt to place a

19  minor child for adoption with a family whose primary residence

20  and place of employment is in another state unless the minor

21  child is placed with a relative within the third degree or

22  with a stepparent.  An adoption entity intermediary may place

23  or attempt to place a special needs child for adoption with a

24  family whose primary residence and place of employment is in

25  another state only if the adoption entity intermediary has a

26  declaratory statement from the court establishing the fees to

27  be paid.  This requirement does not apply if the special needs

28  child is placed with a relative within the third degree or

29  with a stepparent.

30         (c)  Except an adoption entity the Department of

31  Children and Family Services, an agency, or an intermediary,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  to place or attempt to place within the state a minor child

 2  for adoption unless the minor child is placed with a relative

 3  within the third degree or with a stepparent.  This

 4  prohibition, however, does not apply to a person who is

 5  placing or attempting to place a minor child for the purpose

 6  of adoption with the adoption entity Department of Children

 7  and Family Services or an agency or through an intermediary.

 8         (d)  To sell or surrender, or to arrange for the sale

 9  or surrender of, a minor child to another person for money or

10  anything of value or to receive such minor child for such

11  payment or thing of value.  If a minor child is being adopted

12  by a relative within the third degree or by a stepparent, or

13  is being adopted through an adoption entity, this paragraph

14  does not prohibit the Department of Children and Family

15  Services, an agency, or an intermediary, nothing herein shall

16  be construed as prohibiting the person who is contemplating

17  adopting the child from paying, under s. 63.097 and s. 63.132,

18  the actual prenatal care and living expenses of the mother of

19  the child to be adopted, nor from paying, under s. 63.097 and

20  s. 63.132, the actual living and medical expenses of such

21  mother for a reasonable time, not to exceed 6 weeks, if

22  medical needs require such support, after the birth of the

23  minor child.

24         (e)  Having the rights and duties of a parent with

25  respect to the care and custody of a minor to assign or

26  transfer such parental rights for the purpose of, incidental

27  to, or otherwise connected with, selling or offering to sell

28  such rights and duties.

29         (f)  To assist in the commission of any act prohibited

30  in paragraph (a), paragraph (b), paragraph (c), paragraph (d),

31  or paragraph (e).

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         (g)  Except an adoption entity the Department of

 2  Children and Family Services or an agency, to charge or accept

 3  any fee or compensation of any nature from anyone for making a

 4  referral in connection with an adoption.

 5         (h)  Except an adoption entity the Department of

 6  Children and Family Services, an agency, or an intermediary,

 7  to advertise or offer to the public, in any way, by any medium

 8  whatever that a minor child is available for adoption or that

 9  a minor child is sought for adoption; and further, it is

10  unlawful for any person to publish or broadcast any such

11  advertisement without including a Florida license number of

12  the agency or, attorney, or physician placing the

13  advertisement.

14         (i)  To contract for the purchase, sale, or transfer of

15  custody or parental rights in connection with any child, or in

16  connection with any fetus yet unborn, or in connection with

17  any fetus identified in any way but not yet conceived, in

18  return for any valuable consideration.  Any such contract is

19  void and unenforceable as against the public policy of this

20  state.  However, fees, costs, and other incidental payments

21  made in accordance with statutory provisions for adoption,

22  foster care, and child welfare are permitted, and a person may

23  agree to pay expenses in connection with a preplanned adoption

24  agreement as specified below, but the payment of such expenses

25  may not be conditioned upon the transfer of parental rights.

26  Each petition for adoption which is filed in connection with a

27  preplanned adoption agreement must clearly identify the

28  adoption as a preplanned adoption arrangement and must include

29  a copy of the preplanned adoption agreement for review by the

30  court.

31         1.  Individuals may enter into a preplanned adoption

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  arrangement as specified herein, but such arrangement shall

 2  not in any way:

 3         a.  Effect final transfer of custody of a child or

 4  final adoption of a child, without review and approval of the

 5  department and the court, and without compliance with other

 6  applicable provisions of law.

 7         b.  Constitute consent of a mother to place her child

 8  for adoption until 7 days following birth, and unless the

 9  court making the custody determination or approving the

10  adoption determines that the mother was aware of her right to

11  rescind within the 7-day period following birth but chose not

12  to rescind such consent.

13         2.  A preplanned adoption arrangement shall be based

14  upon a preplanned adoption agreement that must which shall

15  include, but need not be limited to, the following terms:

16         a.  That the volunteer mother agrees to become pregnant

17  by the fertility technique specified in the agreement, to bear

18  the child, and to terminate any parental rights and

19  responsibilities to the child she might have through a written

20  consent executed at the same time as the preplanned adoption

21  agreement, subject to a right of rescission by the volunteer

22  mother any time within 7 days after the birth of the child.

23         b.  That the volunteer mother agrees to submit to

24  reasonable medical evaluation and treatment and to adhere to

25  reasonable medical instructions about her prenatal health.

26         c.  That the volunteer mother acknowledges that she is

27  aware that she will assume parental rights and

28  responsibilities for the child born to her as otherwise

29  provided by law for a mother, if the intended father and

30  intended mother terminate the agreement before final transfer

31  of custody is completed, or if a court determines that a

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  parent clearly specified by the preplanned adoption agreement

 2  to be the biological parent is not the biological parent, or

 3  if the preplanned adoption is not approved by the court

 4  pursuant to the Florida Adoption Act.

 5         d.  That an intended father who is also the biological

 6  father acknowledges that he is aware that he will assume

 7  parental rights and responsibilities for the child as

 8  otherwise provided by law for a father, if the agreement is

 9  terminated for any reason by any party before final transfer

10  of custody is completed or if the planned adoption is not

11  approved by the court pursuant to the Florida Adoption Act.

12         e.  That the intended father and intended mother

13  acknowledge that they may not receive custody or the parental

14  rights under the agreement if the volunteer mother terminates

15  the agreement or if the volunteer mother rescinds her consent

16  to place her child for adoption within 7 days after birth.

17         f.  That the intended father and intended mother may

18  agree to pay all reasonable legal, medical, psychological, or

19  psychiatric expenses of the volunteer mother related to the

20  preplanned adoption arrangement, and may agree to pay the

21  reasonable living expenses of the volunteer mother.  No other

22  compensation, whether in cash or in kind, shall be made

23  pursuant to a preplanned adoption arrangement.

24         g.  That the intended father and intended mother agree

25  to accept custody of and to assert full parental rights and

26  responsibilities for the child immediately upon the child's

27  birth, regardless of any impairment to the child.

28         h.  That the intended father and intended mother shall

29  have the right to specify the blood and tissue typing tests to

30  be performed if the agreement specifies that at least one of

31  them is intended to be the biological parent of the child.

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         i.  That the agreement may be terminated at any time by

 2  any of the parties.

 3         3.  A preplanned adoption agreement shall not contain

 4  any provision:

 5         a.  To reduce any amount paid to the volunteer mother

 6  if the child is stillborn or is born alive but impaired, or to

 7  provide for the payment of a supplement or bonus for any

 8  reason.

 9         b.  Requiring the termination of the volunteer mother's

10  pregnancy.

11         4.  An attorney who represents an intended father and

12  intended mother or any other attorney with whom that attorney

13  is associated shall not represent simultaneously a female who

14  is or proposes to be a volunteer mother in any matter relating

15  to a preplanned adoption agreement or preplanned adoption

16  arrangement.

17         5.  Payment to agents, finders, and intermediaries,

18  including attorneys and physicians, as a finder's fee for

19  finding volunteer mothers or matching a volunteer mother and

20  intended father and intended mother is prohibited.  Doctors,

21  psychologists, attorneys, and other professionals may receive

22  reasonable compensation for their professional services, such

23  as providing medical services and procedures, legal advice in

24  structuring and negotiating a preplanned adoption agreement,

25  or counseling.

26         6.  As used in this paragraph, the term:

27         a.  "Blood and tissue typing tests" include, but are

28  not limited to, tests of red cell antigens, red cell

29  isoenzymes, human leukocyte antigens, and serum proteins.

30         b.  "Child" means the child or children conceived by

31  means of an insemination that is part of a preplanned adoption

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  arrangement.

 2         c.  "Fertility technique" means artificial

 3  embryonation, artificial insemination, whether in vivo or in

 4  vitro, egg donation, or embryo adoption.

 5         d.  "Intended father" means a male who, as evidenced by

 6  a preplanned adoption agreement, intends to have the parental

 7  rights and responsibilities for a child conceived through a

 8  fertility technique, regardless of whether the child is

 9  biologically related to the male.

10         e.  "Intended mother" means a female who, as evidenced

11  by a preplanned adoption agreement, intends to have the

12  parental rights and responsibilities for a child conceived

13  through a fertility technique, regardless of whether the child

14  is biologically related to the female.

15         f.  "Parties" means the intended father and intended

16  mother, the volunteer mother and her husband, if she has a

17  husband, who are all parties to the preplanned adoption

18  agreement.

19         g.  "Preplanned adoption agreement" means a written

20  agreement among the parties that specifies the intent of the

21  parties as to their rights and responsibilities in the

22  preplanned adoption arrangement, consistent with the

23  provisions of this act.

24         h.  "Preplanned adoption arrangement" means the

25  arrangement through which the parties enter into an agreement

26  for the volunteer mother to bear the child, for payment by the

27  intended father and intended mother of the expenses allowed by

28  this act, for the intended father and intended mother to

29  assert full parental rights and responsibilities to the child

30  if consent to adoption is not rescinded after birth by the

31  volunteer mother, and for the volunteer mother to terminate,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  subject to a right of rescission, in favor of the intended

 2  father and intended mother all her parental rights and

 3  responsibilities to the child.

 4         i.  "Volunteer mother" means a female person at least

 5  18 years of age who voluntarily agrees, subject to a right of

 6  rescission, that if she should become pregnant pursuant to a

 7  preplanned adoption arrangement, she will terminate in favor

 8  of the intended father and intended mother her parental rights

 9  and responsibilities to the child.

10         (2)  This section does not Nothing herein shall be

11  construed to prohibit a licensed child-placing agency from

12  charging fees reasonably commensurate to the services

13  provided.

14         (3)  It is unlawful for any adoption entity

15  intermediary to fail to report to the court, prior to

16  placement, the intended placement of a minor child for

17  purposes of adoption with any person not a stepparent or a

18  relative within the third degree, if the adoption entity

19  intermediary participates in such intended placement.

20         (4)  It is unlawful for any adoption entity

21  intermediary to charge any fee over $1,000 and those costs as

22  set out in paragraph (1)(d) over $2,500, other than for actual

23  documented medical costs, court costs, and hospital costs

24  unless such fee is approved by the court prior to the

25  assessment of the fee by the adoption entity intermediary and

26  upon a showing of justification for the larger fee.

27         (5)  It is unlawful for any adoption entity

28  intermediary to counsel a birth mother to leave the state for

29  the purpose of giving birth to a child outside the state in

30  order to secure a fee in excess of that permitted under s.

31  63.097 when it is the intention that the child be placed for

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1  adoption outside the state.

 2         (6)  It is unlawful for any adoption entity

 3  intermediary to obtain a preliminary home study or final home

 4  investigation and fail to disclose the existence of the study

 5  to the court.

 6         (7)  A person who violates any provision of this

 7  section, excluding paragraph (1)(h), is guilty of a felony of

 8  the third degree, punishable as provided in s. 775.082, s.

 9  775.083, or s. 775.084.  A person who violates paragraph

10  (1)(h) is guilty of a misdemeanor of the second degree,

11  punishable as provided in s. 775.083; and each day of

12  continuing violation shall be considered a separate offense.

13         Section 103.  Section 63.072, Florida Statutes, is

14  repealed.

15         Section 104.  Any petition for adoption filed before

16  October 1, 1998, shall be governed by the law in effect at the

17  time the petition was filed.

18

19  (Redesignate subsequent sections.)

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 6, line 27, through

25            page 7, line 21, delete those lines

26

27  and insert:

28         renumbering and amending s. 39.461, F.S.,

29         relating to petition for termination of

30         parental rights, and filing and elements

31         thereof; removing provisions authorizing

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         licensed child-placing agencies to file actions

 2         to terminate parental rights; creating s.

 3         39.803, F.S.; providing procedures when the

 4         identity or location of the parent is unknown

 5         after filing a petition for termination of

 6         parental rights; renumbering s. 39.4627, F.S.,

 7         relating to penalties for false statements of

 8         paternity; renumbering and amending s. 39.463,

 9         F.S., relating to petitions and pleadings for

10         which no answer is required; deleting

11         references to licensed child-placing agencies;

12         renumbering and amending s. 39.464, F.S.,

13         relating to grounds for termination of paternal

14         rights; renumbering and amending s. 39.465,

15         F.S., relating to right to counsel and

16         appointment of a guardian ad litem; renumbering

17         and amending s. 39.466, F.S., relating to

18         advisory hearings; renumbering and amending s.

19         39.467, F.S., relating to adjudicatory

20         hearings; renumbering and amending s. 39.4612,

21         F.S., relating to the manifest best interests

22         of the child; renumbering and amending s.

23         39.469, F.S., relating to powers of disposition

24         and order of disposition; renumbering and

25         amending s. 39.47, F.S., relating to

26         postdisposition relief; providing additional

27         requirements for a petition for adoption;

28         prohibiting filing such petition until the

29         order terminating parental rights is final;

30         amending s. 63.022, F.S.; revising legislative

31         intent with respect to adoptions in this state;

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         amending s. 63.032, F.S.; revising definitions;

 2         defining the term "adoption entity"; creating

 3         s. 63.037, F.S.; exempting adoption proceedings

 4         that result from a termination of parental

 5         rights under ch. 39, F.S., from certain

 6         provisions of ch. 63, F.S.; creating s. 63.038,

 7         F.S.; providing criminal penalties for

 8         committing certain fraudulent acts; creating s.

 9         63.039, F.S.; providing sanctions and an award

10         of attorney's fees under certain circumstances;

11         amending s. 63.052, F.S.; providing for

12         placement of a minor pending adoption;

13         specifying the jurisdiction of the court over a

14         minor who has been placed for adoption;

15         amending s. 63.062, F.S.; specifying additional

16         persons who must consent to an adoption,

17         execute an affidavit of nonpaternity, or

18         receive notice of proceedings to terminate

19         parental rights; permitting an affidavit of

20         nonpaternity under certain circumstances;

21         amending s. 63.082, F.S.; revising requirements

22         for executing a consent to an adoption;

23         providing a time period for withdrawing

24         consent; providing additional disclosure

25         requirements; amending s. 63.085, F.S.;

26         specifying information that must be disclosed

27         to persons seeking to adopt a minor and to the

28         birth parents; creating s. 63.087, F.S.;

29         requiring that a separate proceeding be

30         conducted by the court to determine whether a

31         birth parent's parental rights should be

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         terminated; providing for rules, jurisdiction,

 2         and venue for such proceedings; providing

 3         requirements for the petition and hearing;

 4         creating s. 63.088, F.S.; providing

 5         requirements for identifying and locating a

 6         person who is required to consent to an

 7         adoption or receive notice of proceedings to

 8         terminate parental rights; providing

 9         requirements for the notice; providing

10         requirements for conducting a diligent search

11         for such person whose location is unknown;

12         requiring that an unlocated or unidentified

13         person be served notice by constructive

14         service; providing that failure to respond or

15         appear constitutes grounds to terminate

16         parental rights pending adoption; creating s.

17         63.089, F.S.; providing procedures for the

18         proceeding to terminate parental rights pending

19         adoption; specifying the matters to be

20         determined; specifying grounds upon which

21         parental rights may be terminated; providing

22         for procedures following a judgment; providing

23         for records to be made part of the subsequent

24         adoption; amending s. 63.092, F.S.; providing

25         requirements to be met if a prospective

26         placement in an adoptive home is an at-risk

27         placement; defining at-risk placement; amending

28         s. 63.097, F.S.; revising requirements for the

29         court in approving specified fees and costs;

30         amending s. 63.102, F.S.; revising requirements

31         for filing a petition for adoption; providing

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         requirements for prior approval of fees and

 2         costs; amending s. 63.112, F.S.; revising

 3         requirements for the information that must be

 4         included in a petition for adoption; amending

 5         s. 63.122, F.S.; revising the time requirements

 6         for hearing a petition for adoption; amending

 7         s. 63.125, F.S., relating to the final home

 8         investigation; conforming provisions to changes

 9         made by the act; amending s. 63.132, F.S.;

10         revising requirements for the report of

11         expenditures and receipts which is filed with

12         the court; amending s. 63.142, F.S.; specifying

13         circumstances under which a judgment

14         terminating parental rights pending adoption is

15         voidable; providing for an evidentiary hearing

16         to determine the minor's placement following a

17         motion to void such a judgment; amending s.

18         63.152, F.S.; requiring that the clerk of the

19         court mail a copy of a new birth record to the

20         state registry of adoption information;

21         amending s. 63.165, F.S.; requiring that a copy

22         of the certified statement of final decree of

23         adoption be included in the state registry of

24         adoption information; requiring that the

25         Department of Children and Family Services

26         maintain such information for a specified

27         period; amending s. 63.182, F.S.; requiring

28         that an action to vacate an order of adoption

29         or an order terminating parental rights pending

30         adoption be filed within a specified period

31         after entry of the order; amending s. 63.207,

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 3883, 2nd Eng.

    Amendment No.    





 1         F.S.; revising provisions that limit the

 2         placement of a minor in another state for

 3         adoption; amending s. 63.212, F.S., relating to

 4         prohibitions and penalties with respect to

 5         adoptions; conforming provisions to changes

 6         made by the act; repealing s. 63.072, F.S.,

 7         relating to persons who may waive required

 8         consent to an adoption; requiring that a

 9         petition for adoption be governed by the law in

10         effect at the time the petition is filed;

11         creating

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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