CODING: Words stricken are deletions; words underlined are additions.An Amendment to Senate s0550 1998 H Senator Rossin moved the following amendment: On page 42, line 29 to page 43, line 7, On page 2, lines 28-30, SENATE AMENDMENT Bill No. SB 550 Amendment No. CHAMBER ACTION Senate House . . 1 . . 2 . . 3 . . 4 5 6 7 8 9 10 11 Senator Rossin moved the following amendment: 12 13 Senate Amendment (with title amendment) 14 On page 42, line 29 to page 43, line 7, delete those 15 lines 16 17 and insert: 18 (5) A proceeding for prior approval of fees and costs 19 may be commenced any time after an agreement is reached 20 between the birth mother and the adoptive parents by filing a 21 petition for declaratory statement on the agreement entitled 22 "In the Matter of the Proposed Adoption of a Minor Child" in 23 the circuit court. 24 (a) The petition must be filed jointly by the adoption 25 entity and all persons entering the agreement. 26 (b) A contract for the payment of fees, costs, and 27 expenditures permitted under this chapter must be in writing 28 and the person entering the contract has 3 business days to 29 cancel the contract. To cancel the contract, the person must 30 notify the adoption entity in writing by certified United 31 States mail return receipt requested no later than 3 business 1 8:17 AM 02/03/98 s0550.ju35.2i SENATE AMENDMENT Bill No. SB 550 Amendment No. 1 days after signing the contract. For the purposes of this 2 subsection, a business day is defined as a day on which the 3 United States Post Office accepts certified mail for delivery. 4 If the contract is cancelled within the first 3 business days, 5 the person who cancels the contract does not owe any legal, 6 intermediary, or other fees, but may be responsible for the 7 adoption entity's actual costs during that time. 8 (c) The court may grant prior approval only of fees 9 and expenditures permitted under s. 63.097. A prior approval 10 of prospective fees and costs does not create a presumption 11 that these items will subsequently be approved by the court 12 under s. 63.132 unless such a finding is supported by the 13 evidence submitted at that time. The court retains 14 jurisdiction to refund to the person entering the contract any 15 sums preapproved under this subsection. If upon submission of 16 an affidavit required under s. 63.132 the court finds that the 17 fees and costs preapproved were not subsequently reasonable or 18 necessary, the court may order the adoption entity to refund 19 any or all sums approved prospectively under this subsection. 20 (d) The contract may not require nor may the court 21 approve any lump sum payment to the entity that is 22 nonrefundable to the payor or any amount that constitutes 23 payment for locating a minor for adoption. 24 (e) If a petition for adoption is subsequently filed 25 under 63.087, the petition for declaratory statement and the 26 petition to declare a minor available for adoption must be 27 consolidated into one case. 28 (f) Prior approval of fees and costs by the court does 29 not obligate the birth parent to ultimately relinquish the 30 minor for adoption. 31 2 8:17 AM 02/03/98 s0550.ju35.2i SENATE AMENDMENT Bill No. SB 550 Amendment No. 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, lines 28-30, delete those lines 4 5 and insert: 6 adoption; providing requirements for prior 7 approval of fees and costs; amending s. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 8:17 AM 02/03/98 s0550.ju35.2i