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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Campbell moved the following amendment to amendment

12  (984346):

13

14         Senate Amendment (with title amendment) 

15         On page 5, between lines 29 and 30,

16

17  insert:

18         Section 5.  Section 39.703, Florida Statutes, 1998

19  Supplement, is amended to read:

20         39.703  Initiation of termination of parental rights

21  proceedings; judicial review.--

22         (1)  If, in preparation for any judicial review hearing

23  under this chapter, it is the opinion of the social service

24  agency that the parents of the child have not complied with

25  their responsibilities as specified in the written case plan

26  although able to do so, the department social service agency

27  shall state its intent to initiate proceedings to terminate

28  parental rights, unless the social service agency can

29  demonstrate to the court that such a recommendation would not

30  be in the child's best interests. If it is the intent of the

31  department or licensed child-placing agency to initiate

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  proceedings to terminate parental rights, the department or

 2  licensed child-placing agency shall file a petition for

 3  termination of parental rights no later than 3 months after

 4  the date of the previous judicial review hearing. If the

 5  petition cannot be filed within 3 months, the department or

 6  licensed child-placing agency shall provide a written report

 7  to the court outlining the reasons for delay, the progress

 8  made in the termination of parental rights process, and the

 9  anticipated date of completion of the process.

10         (2)  If, at the time of the 12-month judicial review

11  hearing, a child is not returned to the physical custody of

12  the parents, caregivers, or legal custodians, the department

13  social service agency shall initiate termination of parental

14  rights proceedings under this chapter within 30 days. Only if

15  the court finds that the situation of the child is so

16  extraordinary and that the best interests of the child will be

17  met by such action at the time of the judicial review may the

18  case plan be extended. If the court decides to extend the

19  plan, the court shall enter detailed findings justifying the

20  decision to extend, as well as the length of the extension. A

21  termination of parental rights petition need not be filed if:

22  the child is being cared for by a relative who chooses not to

23  adopt the child; the court determines that filing such a

24  petition would not be in the best interests of the child; or

25  the state has not provided the child's family, when reasonable

26  efforts to return a child are required, consistent with the

27  time period in the state's case plan, such services as the

28  state deems necessary for the safe return of the child to his

29  or her home. Failure to initiate termination of parental

30  rights proceedings at the time of the 12-month judicial review

31  or within 30 days after such review does not prohibit

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  initiating termination of parental rights proceedings at any

 2  other time.

 3         Section 6.  Subsections (1) and (2) of section 39.802,

 4  Florida Statutes, 1998 Supplement, are amended to read:

 5         39.802  Petition for termination of parental rights;

 6  filing; elements.--

 7         (1)  All proceedings seeking an adjudication to

 8  terminate parental rights pursuant to this chapter must be

 9  initiated by the filing of an original petition by the

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

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

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

13  true.

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

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

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

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

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

19         Section 7.  Subsection (1) of section 39.806, Florida

20  Statutes, 1998 Supplement, is amended to read:

21         39.806  Grounds for termination of parental rights.--

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

23  child-placing agency, or any person who has knowledge of the

24  facts alleged or who is informed of said facts and believes

25  that they are true, may petition for the termination of

26  parental rights under any of the following circumstances:

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

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

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

30  licensed child-placing agency for subsequent adoption and the

31  department or licensed child-placing agency is willing to

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                                                  SENATE AMENDMENT

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 1  accept custody of the child.

 2         1.  The surrender document must be executed before two

 3  witnesses and a notary public or other person authorized to

 4  take acknowledgments.

 5         2.  The surrender and consent may be withdrawn after

 6  acceptance by the department or licensed child-placing agency

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

 8  consent were obtained by fraud or duress.

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

10  parents is unknown and cannot be ascertained by diligent

11  search within 90 days.

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

13  toward the child or toward other children that demonstrates

14  that the continuing involvement of the parent or parents in

15  the parent-child relationship threatens the life, safety,

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

17  child irrespective of the provision of services. Provision of

18  services may be evidenced by proof that services were provided

19  through a previous plan or offered as a case plan from a child

20  welfare agency.

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

22  state or federal correctional institution 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

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 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         (e)  A petition for termination of parental rights may

18  also be filed when a child has been adjudicated dependent, a

19  case plan has been filed with the court, and the child

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

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

22  substantially comply for a period of 12 months after an

23  adjudication of the child as a dependent child constitutes

24  evidence of continuing abuse, neglect, or abandonment unless

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

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

27  the failure of the department to make reasonable efforts to

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

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

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

31  parent and the approval by the court of a case plan with a

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                                                  SENATE AMENDMENT

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 1  goal of reunification with the parent.

 2         (f)  When the parent or parents engaged in egregious

 3  conduct or had the opportunity and capability to prevent and

 4  knowingly failed to prevent egregious conduct that threatens

 5  the life, safety, or physical, mental, or emotional health of

 6  the child or the child's sibling.

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

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

 9  parent or parents regardless of whether the child is related

10  legally or by consanguinity.

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

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

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

14  or outrageous by a normal standard of conduct. Egregious

15  conduct may include an act or omission that occurred only once

16  but was of such intensity, magnitude, or severity as to

17  endanger the life of the child.

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

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

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

21  chronic abuse.

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

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

24  felony assault that results in serious bodily injury to the

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

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

27  voluntary manslaughter or felony assault.

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

29  sibling have been terminated involuntarily.

30         Section 8.  Subsections (2) and (8) of section 39.811,

31  Florida Statutes, 1998 Supplement, are amended to read:

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                                                  SENATE AMENDMENT

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 1         39.811  Powers of disposition; order of disposition.--

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

 3  department and the court finds that the grounds for

 4  termination of parental rights have been established by clear

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

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

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

 8  child-placing agency for the purpose of adoption.

 9         (8)  If the court terminates parental rights, it shall,

10  in its order of disposition, provide for a hearing, to be

11  scheduled no later than 30 days after the date of disposition,

12  in which the department or the licensed child-placing agency

13  shall provide to the court a plan for permanency for the

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

15  timely manner in accordance with the permanency plan and to

16  complete whatever steps are necessary to finalize the

17  permanent placement of the child. Thereafter, until the

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

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

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

21  made toward permanency for the child.

22         Section 9.  Section 39.812, Florida Statutes, 1998

23  Supplement, is amended to read:

24         39.812  Postdisposition relief; petition for

25  adoption.--

26         (1)  If A licensed child-placing agency or the

27  department which is given custody of a child for subsequent

28  adoption in accordance with this chapter, the department may

29  place the child with an agency as defined in s. 63.032, with a

30  child-caring agency registered under s. 409.176, or in a

31  family home for prospective subsequent adoption., and the

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                                                  SENATE AMENDMENT

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 1  licensed child-placing agency or The department may thereafter

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

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

 4  pending and consent to the adoption,; and that consent alone

 5  shall in all cases be sufficient.

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

 7  are shall not be entitled to any notice of the proceeding and

 8  are not thereof, nor shall they be entitled to knowledge at

 9  any time after the order terminating parental rights is

10  entered of the whereabouts of the child or of the identity or

11  location of any person having the custody of or having adopted

12  the child, except as provided by order of the court pursuant

13  to this chapter or chapter 63.; and In any habeas corpus or

14  other proceeding involving the child brought by any parent of

15  the child, an no agent or contract provider of the licensed

16  child-placing agency or department may not shall be compelled

17  to divulge that information, but may be compelled to produce

18  the child before a court of competent jurisdiction if the

19  child is still subject to the guardianship of the licensed

20  child-placing agency or department.

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

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

23  licensed child-placing agency or department to guardianship of

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

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

26  the person of the child.

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

28  placed in the custody of for whom custody is given to a

29  licensed child-placing agency or to the department until the

30  child is adopted. After custody of a child for subsequent

31  adoption has been given to an agency or the department, the

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 1  court has jurisdiction for the purpose of reviewing the status

 2  of the child and the progress being made toward permanent

 3  adoptive placement. As part of this continuing jurisdiction,

 4  for good cause shown by the guardian ad litem for the child,

 5  the court may review the appropriateness of the adoptive

 6  placement of the child.

 7         (5)  The petition for adoption must be filed in the

 8  division of the circuit court which entered the judgment

 9  terminating parental rights, unless a motion for change of

10  venue is granted pursuant to s. 47.122. A copy of the consent

11  executed by the department as required under s. 63.062(7) must

12  be attached to the petition. The petition must be accompanied

13  by a form provided by the department which details the social

14  and medical history of the child and each parent and includes

15  the social security number and date of birth for each parent,

16  if such information is available or readily obtainable. The

17  person seeking to adopt the child may not file a petition for

18  adoption until the judgment terminating parental rights

19  becomes final. An adoption proceeding under this subsection is

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

21         Section 10.  Section 63.022, Florida Statutes, 1998

22  Supplement, is amended to read:

23         63.022  Legislative intent.--

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

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

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

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

28  possible, to maintain sibling groups.

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

30  this chapter act are that:

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

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

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

 3  court.

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

 5  court considers the reports of these studies prior to judgment

 6  on adoption petitions.

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

 8  to the Department of Children and Family Services.

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

10  the minor child has lived within the proposed adoptive home

11  under the guidance of the department, a child-caring agency

12  registered under s. 409.176, or a licensed child-placing

13  agency.

14         (f)  All expenditures by adoption entities

15  intermediaries placing, and persons independently adopting, a

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

17  in the file of the adoption proceedings.

18         (g)  Social and medical information concerning the

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

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

21  hearing on a petition to terminate parental rights pending

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

23  intermediary.

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

25  the adoption judgment.

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

27  authorized to order temporary substitute care when it

28  determines that the minor is in an unsuitable home.

29         (j)  The records of all proceedings concerning custody

30  and adoption of a minor children are confidential and exempt

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

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 1  63.162.

 2         (k)  The birth parent, the prospective adoptive parent,

 3  and the minor child receive the same or similar safeguards,

 4  guidance, counseling, and supervision in all adoptions an

 5  intermediary adoption as they receive in an agency or

 6  department adoption.

 7         (l)  In all matters coming before the court under

 8  pursuant to this chapter act, the court shall enter such

 9  orders as it deems necessary and suitable to promote and

10  protect the best interests of the person to be adopted.

11         (m)  In dependency cases initiated by the department,

12  where termination of parental rights occurs, and siblings are

13  separated despite diligent efforts of the department,

14  continuing postadoption communication or contact among the

15  siblings may be ordered by the court if found to be in the

16  best interests of the children.

17         Section 11.  Section 63.032, Florida Statutes, is

18  amended to read:

19         63.032  Definitions.--As used in this chapter act,

20  unless the context otherwise requires, the term:

21         (1)(14)  "Abandoned" means a situation in which the

22  parent or person having legal custody legal custodian of a

23  child, while being able, makes no provision for the child's

24  support and makes no effort to communicate with the child,

25  which situation is sufficient to evince a willful rejection of

26  parental obligations. If, in the opinion of the court, the

27  efforts of such parent or person having legal custody of the

28  child legal custodian to support and communicate with the

29  child are only marginal efforts that do not evince a settled

30  purpose to assume all parental duties, the court may declare

31  the child to be abandoned.  In making this decision, the court

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 1  may consider the conduct of a father towards the child's

 2  mother during her pregnancy.

 3         (2)(10)  "Adoption" means the act of creating the legal

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

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

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

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

 8  child born to such adoptive parents in lawful wedlock.

 9         (3)  "Adoption entity" means the department, an agency,

10  a child-caring agency registered under s. 409.176, or an

11  intermediary.

12         (4)(5)  "Adult" means a person who is not a minor.

13         (5)(7)  "Agency" means any child-placing agency

14  licensed by the department pursuant to s. 63.202 to place

15  minors for adoption.

16         (6)(2)  "Child" means a son or daughter, whether by

17  birth or adoption.

18         (7)(3)  "Court" means any circuit court of this state

19  and, when the context requires, the court of any state that is

20  empowered to grant petitions for adoption.

21         (8)(1)  "Department" means the Department of Children

22  and Family Services.

23         (9)(8)  "Intermediary" means an attorney or physician

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

25  who is placing or intends to place a child for adoption or,

26  for the purpose of adoptive placements of children from out of

27  state with citizens of this state, a child-placing agency

28  licensed in another state that is qualified by the department.

29         (10)  "Legal custody" has the meaning ascribed in s.

30  39.01.

31         (11)(4)  "Minor" means a person under the age of 18

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 1  years.

 2         (12)  "Parent" has the same meaning ascribed in s.

 3  39.01.

 4         (13)(6)  "Person" includes a natural person,

 5  corporation, government or governmental subdivision or agency,

 6  business trust, estate, trust, partnership, or association,

 7  and any other legal entity.

 8         (14)  "Relative" has the same meaning ascribed in s.

 9  39.01.

10         (15)(9)  "To place" or "placement" means the process of

11  a person giving a child up for adoption and the prospective

12  parents receiving and adopting the child, and includes all

13  actions by any person or adoption entity agency participating

14  in the process.

15         (16)(13)  "Primarily lives and works outside Florida"

16  means anyone who does not meet the definition of "primary

17  residence and place of employment in Florida."

18         (17)(12)  "Primary residence and place of employment in

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

20  6 months of the year and intends to do so for the foreseeable

21  future or military personnel who designate Florida as their

22  place of residence in accordance with the Soldiers' and

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

24  States Department of State living in a foreign country who

25  designate Florida as their place of residence.

26         (18)(11)  "Suitability of the intended placement"

27  includes the fitness of the intended placement, with primary

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

29  fitness and capabilities of the adoptive parent or parents to

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

31  familial relationship between the child and the prospective

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

 2  which the child is intended to be placed.

 3         Section 12.  Section 63.037, Florida Statutes, is

 4  created to read:

 5         63.037  Proceedings applicable to cases resulting from

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

 7  which a minor becomes available for adoption after the

 8  parental rights of each parent have been terminated by a

 9  judgment entered pursuant to chapter 39 shall be governed by

10  s. 39.812 and this chapter. Adoption proceedings initiated

11  under chapter 39 are exempt from the following provisions of

12  this chapter: disclosure requirements for the adoption entity

13  provided in s. 63.085; general provisions governing

14  termination of parental rights pending adoption provided in s.

15  63.087; notice and service provisions governing termination of

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

17  procedures for terminating parental rights pending adoption

18  provided in s. 63.089.

19         Section 13.  Section 63.039, Florida Statutes, is

20  created to read:

21         63.039  Duty of adoption entity to prospective adoptive

22  parents; sanctions.--

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

24  has an affirmative duty to follow the requirements of this

25  chapter; specifically, the following provisions, which protect

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

27  parents and prospective adoptive parents by promoting

28  certainty, finality, and permanency for such persons. The

29  adoption entity must:

30         (a)  Provide written initial disclosure to the

31  prospective adoptive parent at the time and in the manner

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 1  required under s. 63.085.

 2         (b)  Provide written initial and postbirth disclosure

 3  to the parent at the time and in the manner required under s.

 4  63.085.

 5         (c)  When a written consent for adoption is obtained,

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

 7  under s. 63.082.

 8         (d)  When a written consent or affidavit of

 9  nonpaternity for adoption is obtained, obtain a consent to

10  adoption or affidavit of nonpaternity that contains the

11  language required under s. 63.062 or s. 63.082.

12         (e)  Include in the petition to terminate parental

13  rights pending adoption all information required under s.

14  63.087(6)(e) and (f).

15         (f)  Obtain and file the affidavit of inquiry pursuant

16  to s. 63.088(3), if the required inquiry is not conducted

17  orally in the presence of the court.

18         (g)  When the identity of a person whose consent to

19  adoption is necessary under this chapter is known but the

20  location of such a person is unknown, conduct the diligent

21  search and file the affidavit required under s. 63.088(4).

22         (h)  Serve the petition and notice of hearing to

23  terminate parental rights pending adoption at the time and in

24  the manner required by s. 63.088.

25         (i)  Obtain the written waiver of venue required under

26  s. 63.062 in cases involving a child younger than 6 months of

27  age in which venue for the termination of parental rights will

28  be located in a county other than the county where the parent

29  whose rights are to be terminated resides.

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

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

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 1  prospective adoptive parents for all sums paid by the

 2  prospective adoptive parents or on their behalf in

 3  anticipation of or in connection with an adoption upon a

 4  showing by the moving party that actual injury was caused by

 5  the material failure.

 6         (3)  If a court finds that a consent or an affidavit of

 7  nonpaternity taken under this chapter was obtained by fraud or

 8  duress attributable to the adoption entity, the court must

 9  award all sums paid by the prospective adoptive parents or on

10  their behalf in anticipation of or in connection with the

11  adoption. The court may also award reasonable attorney's fees

12  and costs incurred by the prospective adoptive parents in

13  connection with the adoption and any litigation related to

14  placement or adoption of a minor. An award under this

15  subsection must be paid directly to the prospective adoptive

16  parents by the adoption entity or by any applicable insurance

17  carrier on behalf of the adoption entity.

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

19  required under s. 63.062 prevails in an action to set aside a

20  consent to adoption, a judgment terminating parental rights

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

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

23  award under this subsection must be paid by the adoption

24  entity or by any applicable insurance carrier on behalf of the

25  adoption entity if the court finds that the acts or omissions

26  of the entity were the basis for the court's order granting

27  relief to the prevailing party.

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

29  order that imposes sanctions under this section against an

30  attorney acting as an adoption agency or as an intermediary.

31  The court must provide to the Department of Children and

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  Family Services any order that imposes sanctions under this

 2  section against an agency. The order must be provided within

 3  30 days after the date that the order was issued.

 4         Section 14.  Subsection (1) of section 63.0425, Florida

 5  Statutes, is amended to read:

 6         63.0425  Grandparent's right to adopt.--

 7         (1)  When a child who has lived with a grandparent for

 8  at least 6 months is placed for adoption, the adoption entity

 9  agency or intermediary handling the adoption shall notify that

10  grandparent of the impending adoption before the petition for

11  adoption is filed. If the grandparent petitions the court to

12  adopt the child, the court shall give first priority for

13  adoption to that grandparent.

14         Section 15.  Section 63.052, Florida Statutes, 1998

15  Supplement, is amended to read:

16         63.052  Guardians designated; proof of commitment.--

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

18  and permanently committed to an agency as defined in s. 63.032

19  or a child-caring agency registered under s. 409.176, such the

20  agency shall be the guardian of the person of the minor child;

21  for those who have been placed for adoption with and

22  permanently committed to the department, the department shall

23  be the guardian of the person of the minor child.

24         (2)  For minors who have been voluntarily surrendered

25  to an intermediary through an execution of consent to

26  adoption, the intermediary shall be responsible for the minor

27  child until the time a court orders preliminary approval of

28  placement of the minor child in the prospective adoptive home,

29  at which time the prospective adoptive parents become

30  guardians pending finalization of adoption. Until a court has

31  terminated parental rights pending adoption and has ordered

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  preliminary approval of placement of the minor in the adoptive

 2  home, the minor must be placed in the care of a relative as

 3  defined in s. 39.01, in foster care, or in the care of a

 4  prospective adoptive home. No minor shall be placed in a

 5  prospective adoptive home until that home has received a

 6  favorable preliminary home study by a licensed child-placing

 7  agency, a licensed professional, or an agency, as provided in

 8  s. 63.092, within 1 year before such placement in the

 9  prospective home. Temporary placement in the prospective home

10  with the prospective adoptive parents does not give rise to a

11  presumption that the parental rights of the parents will

12  subsequently be terminated.

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

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

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

16  responsibility and authority to provide for the needs and

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

18  with or voluntarily surrendered to the department, but not

19  permanently committed to the department, the department shall

20  have the responsibility and authority to provide for the needs

21  and welfare for such minors.  The adoption entity may

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

23  agency has the authority to authorize all appropriate medical

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

25  adoption with or voluntarily surrendered to the adoption

26  entity them.  The provisions of s. 627.6578 shall remain in

27  effect notwithstanding the guardianship provisions in this

28  section.

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

30  subsequent adoption and a suitable prospective adoptive home

31  is not available pursuant to s. 63.092 at the time the minor

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  is surrendered to the intermediary or, if the minor is a

 2  newborn admitted to a licensed hospital or birth center, at

 3  the time the minor is discharged from the hospital or birth

 4  center, the minor must be placed in licensed foster care, the

 5  intermediary shall be responsible for the child until such a

 6  suitable prospective adoptive home is available.

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

 8  adoption entity intermediary for subsequent adoption and the

 9  adoption does not become final within 180 days, the adoption

10  entity intermediary must report to the court on the status of

11  the minor child and the court may at that time proceed under

12  s. 39.701 or take action reasonably necessary to protect the

13  best interest of the minor child.

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

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

16  permanently committed to the department shall be prima facie

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

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

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

20  agency that the minor child has been permanently committed and

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

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

23  license.

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

25  is not responsible for expenses incurred by other adoption

26  entities licensed child-placing agencies or intermediaries

27  participating in placement of a minor child for the purposes

28  of adoption.

29         (7)  The court retains jurisdiction of a minor who has

30  been placed for adoption until the adoption is final. After a

31  minor is placed with an adoption entity or prospective

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  adoptive parent, the court may review the status of the minor

 2  and the progress toward permanent adoptive placement. As part

 3  of this continuing jurisdiction, for good cause shown by a

 4  person whose consent to an adoption is required under s.

 5  63.062, the adoption entity, the parents, persons having legal

 6  custody of the minor, persons with custodial or visitation

 7  rights to the minor, persons entitled to notice pursuant to

 8  the Uniform Child Custody Jurisdiction Act or the Indian Child

 9  Welfare Act, or upon the court's own motion, the court may

10  review the appropriateness of the adoptive placement of the

11  minor.

12         Section 16.  Section 63.062, Florida Statutes, is

13  amended to read:

14         63.062  Persons required to consent to adoption;

15  affidavit of nonpaternity; waiver of venue.--

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

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

18  a petition to terminate parental rights pending adoption adopt

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

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

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

22         (a)  The mother of the minor.

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

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

25  was married to the mother;.

26         2.  The minor is his child by adoption; or.

27         3.  The minor has been established by court proceeding

28  to be his child.

29         (c)  If there is no father as set forth in paragraph

30  (b), any man established to be the father of the child by

31  scientific tests that are generally acceptable within the

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  scientific community to show a probability of paternity.

 2         (d)  If there is no father as set forth in paragraph

 3  (b) or paragraph (c), any man who the mother has reason to

 4  believe may be the father of the minor and who:

 5         1.4.  He Has acknowledged in writing, signed in the

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

 7  minor and has filed such acknowledgment with the Office of

 8  Vital Statistics of the Department of Health;.

 9         2.5.  He Has provided, or has attempted to provide, the

10  child or the mother during her pregnancy with support in a

11  repetitive, customary manner; or.

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

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

14  action to terminate parental rights pending adoption pursuant

15  to this chapter.

16         (e)  Any person who is a party in any pending

17  proceeding in which paternity, custody, or termination of

18  parental rights regarding the minor is at issue.

19         (f)(c)  The minor, if more than 12 years of age, unless

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

21  minor's consent.

22         (2)  Any person whose consent is required under

23  paragraph (1)(c) or paragraph (1)(d) may execute an affidavit

24  of nonpaternity in lieu of a consent under this section and by

25  doing so waives notice to all court proceedings after the date

26  of execution. An affidavit of nonpaternity must be executed as

27  provided in s. 63.082. The person executing the affidavit must

28  receive disclosure under s. 63.085 prior to signing the

29  affidavit.

30         (3)  A person who signs a consent to adoption or an

31  affidavit of nonpaternity must be given reasonable notice of

                                  21
    3:39 PM   04/29/99                              s1598c1c-3329j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  his or her right to select a person who does not have an

 2  employment, professional, or personal relationship with the

 3  adoption entity or the prospective adoptive parents to be

 4  present when the consent to adoption or affidavit of

 5  nonpaternity is executed and to sign the consent or affidavit

 6  as a witness.

 7         (4)  An affidavit of nonpaternity must be in

 8  substantially the following form:

 9

10                    AFFIDAVIT OF NONPATERNITY

11

12              1.  I have personal knowledge of the facts

13         stated in this affidavit.

14              2.  I have been told that .... has a

15         child. I shall not establish or claim paternity

16         for this child, whose name is ... and whose

17         date of birth is ....

18              3.  The child referenced in this affidavit

19         was not conceived or born while the birth

20         mother was married to me. I AM NOT MARRIED TO

21         THE BIRTH MOTHER, nor do I intend to marry the

22         birth mother.

23              4.  With respect to the child referenced

24         in this affidavit, I have not provided the

25         birth mother with child support or prebirth

26         support; I have not provided her with prenatal

27         care or assisted her with medical expenses; I

28         have not provided the birth mother or her child

29         or unborn child with support of any kind, nor

30         do I intend to do so.

31              5.  I have no interest in assuming the

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         responsibilities of parenthood for this child.

 2         I will not acknowledge in writing that I am the

 3         father of this child nor institute court

 4         proceedings to establish the child as mine.

 5              6.  I do not object to any decision or

 6         arrangements .... makes regarding this child,

 7         including adoption.

 8              7.  I have been told of my right to choose

 9         a person who does not have an employment,

10         professional, or personal relationship with the

11         adoption entity or the prospective adoptive

12         parents to be present when this affidavit is

13         executed and to sign it as a witness.

14

15         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

16         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

17         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

18

19         (5)(2)  The court may require that consent be executed

20  by:

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

22  minor; or

23         (b)  The court having jurisdiction to determine custody

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

25  minor has no authority to consent to the adoption.

26         (6)(3)  The petitioner must make good faith and

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

28  obtain written consent from, the persons required to consent

29  to adoption under this section within 60 days after filing the

30  petition. These efforts may include conducting interviews and

31  record searches to locate those persons, including verifying

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  information related to location of residence, employment,

 2  service in the Armed Forces, vehicle registration in this

 3  state, and corrections records.

 4         (7)(4)  If parental rights to the minor have previously

 5  been terminated, a licensed child-placing agency, a

 6  child-caring agency registered under s. 409.176, or the

 7  department with which the minor child has been placed for

 8  subsequent adoption may provide consent to the adoption.  In

 9  such case, no other consent is required.

10         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

16  provided in this chapter section.

17         (9)(a)  In cases involving a child younger than 6

18  months of age in which venue for the termination of parental

19  rights may be located in a county other than where the parent

20  whose rights are to be terminated resides, the adoption entity

21  must obtain, from any party executing an affidavit of

22  nonpaternity or consent, a waiver of venue, which must be

23  filed with the petition and must be in substantially the

24  following form:

25

26                         WAIVER OF VENUE

27

28

29         I understand that I have the right to require

30         that the Petition to terminate my parental

31         rights be filed in the county where I reside. I

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         waive such right so that the Petition to

 2         Terminate Parental Rights may be filed by

 3         ...(adoption entity)... in ...(county name)...

 4         county, Florida.

 5

 6         I understand that, after signing this waiver, I

 7         may object to the county where the proceedings

 8         to terminate my parental rights will be held by

 9         appearing at the hearing or by filing a written

10         objection, on the attached form, with the Clerk

11         of the Court who is located at ...(address of

12         court).... If I later object to this transfer

13         of venue, the case will be transferred to a

14         county in Florida in which I reside. If I have

15         no such residence, the case will be transferred

16         to a county where another parent resides or

17         where at least one parent resided at the time

18         of signing a consent or affidavit of

19         nonpaternity.

20

21         (b)1.  The waiver of venue must be a separate document

22  containing no consents, disclosures, or other information

23  unrelated to venue.

24         2.  Adoption entities must attach to the waiver of

25  venue a form that the parent whose rights are to be terminated

26  may use to request a transfer of venue for the proceeding.

27  This form must contain the intended caption of the action for

28  termination of parental rights and information identifying the

29  child which will be sufficient for the clerk to properly file

30  the form upon receipt.

31         3.  This form must include a notice that if an adoption

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  entity knows that a parent whose rights will be terminated

 2  intends to object to the termination but intentionally files

 3  the petition for termination of parental rights in a county

 4  which is not consistent with the required venue under such

 5  circumstances, the adoption entity shall be responsible for

 6  the attorney's fees of the parent contesting the transfer of

 7  venue.

 8         Section 17.  Section 63.082, Florida Statutes, is

 9  amended to read:

10         63.082  Execution of consent to adoption or affidavit

11  of nonpaternity; family social and medical history; withdrawal

12  of consent.--

13         (1)  Consent to an adoption or an affidavit of

14  nonpaternity shall be executed as follows:

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

16  statement in the presence of the court or by being

17  acknowledged before a notary public.

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

19  representative.

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

21  court or by affidavit.

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

23  certificate of the court.

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

25  the adopting parent is valid if the consent contains a

26  statement by the person consenting that the consent was

27  voluntarily executed and that identification of the adopting

28  parent is not required for granting the consent.

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

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

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

                                  26
    3:39 PM   04/29/99                              s1598c1c-3329j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  The Forms containing, at a minimum, the same information as

 2  the forms promulgated by the department completed by the birth

 3  parents must be attached to the petition to terminate parental

 4  rights pending adoption and must contain such biological and

 5  sociological information, or such information as to the family

 6  medical history, regarding the minor child and the birth

 7  parents, as is required by the department. The information

 8  must be incorporated into the final home investigation report

 9  specified in s. 63.125. Each parent must The court may also

10  require that the birth mother be interviewed by a

11  representative of the department, a licensed child-placing

12  agency, or a licensed professional, pursuant to s. 63.092,

13  before the consent is executed, unless the parent cannot be

14  located or identified. A summary of each interview, or a

15  statement that the parent is unlocated or unidentified, must

16  be filed with the petition to terminate parental rights

17  pending adoption and included in the final home investigation

18  report filed under s. 63.125. The interview may be excused by

19  the court for good cause.

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

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

22  certificate of the court if executed under s. 63.062(5)(b)

23  must be attached to the petition to terminate parental rights

24  pending adoption and must be accompanied by a family medical

25  history that includes such information concerning the medical

26  history of the child and the birth parents as is available or

27  readily obtainable.

28         (c)  If any required consent or social and medical

29  history is unavailable because the person whose consent is

30  required cannot be located or identified, the petition to

31  terminate parental rights pending adoption must be accompanied

                                  27
    3:39 PM   04/29/99                              s1598c1c-3329j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  by the affidavit of diligent search required under s. 63.088.

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

 3  nonpaternity shall not for voluntary surrender must be

 4  executed before after the birth of the minor.

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

 6  placed for adoption with identified prospective adoptive

 7  parents under s. 63.052, upon the minor's release from a

 8  licensed hospital or birth center following birth, shall not

 9  be executed sooner than 48 hours after the minor's birth or

10  the day the birth mother has been notified in writing, either

11  on her patient chart or in release paperwork, that she is fit

12  to be released from a licensed hospital or birth center,

13  whichever is earlier. A consent executed under this paragraph

14  is valid upon execution and may be withdrawn only if the court

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

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

17  pursuant to s. 63.052 upon the minor's release from a licensed

18  hospital or birth center following birth, the consent to

19  adoption may be executed at any time after the birth of the

20  minor. While such consent is valid upon execution, it is

21  subject to the 3-day revocation period under subsection (7) or

22  may be revoked at any time prior to the placement of the minor

23  with the prospective adoptive parents, whichever is later.

24         (d)  The consent to adoption or the affidavit of

25  nonpaternity must be signed child, in the presence of two

26  witnesses, and be acknowledged before a notary public who is

27  not signing as one of the witnesses. The notary public must

28  legibly note on the consent or the affidavit the date and time

29  of execution. The witnesses' names must be typed or printed

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

31  business addresses and social security numbers, driver's

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  license 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 the affidavit has the right to have at least one of

 6  the witnesses be an individual who does not have an

 7  employment, professional, or personal relationship with the

 8  adoption entity or the prospective adoptive parents. The

 9  adoption entity must give reasonable notice to the person

10  signing the consent or affidavit of the right to select a

11  witness of his or her own choosing. The person who signs the

12  consent or affidavit must acknowledge in writing on the

13  consent or affidavit that such notice was given and indicate

14  the witness, if any, who was selected by the person signing

15  the consent or affidavit. The adoption entity must include its

16  name, address, and telephone number on the consent to adoption

17  or affidavit of nonpaternity.

18         (e)  A consent to adoption must contain, in at least

19  16-point boldfaced type, an acknowledgment of the parent's

20  rights in substantially the following form:

21

22         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

23         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

24         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

25         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

26         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

27         EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST

28         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

29         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

30         OR WITNESSES YOU SELECTED, IF ANY.

31

                                  29
    3:39 PM   04/29/99                              s1598c1c-3329j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





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

 2         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

 3         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

 4

 5              1.  CONSULT WITH AN ATTORNEY;

 6              2.  HOLD, CARE FOR, AND FEED THE CHILD;

 7              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

 8         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

 9         WILLING TO CARE FOR THE CHILD;

10              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

11         LEGALLY PROHIBITED; AND

12              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

13         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

14         THROUGH WITH THE ADOPTION.

15

16         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP

17         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

18         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

19         LAW. IF YOU ARE GIVING UP YOUR RIGHTS TO A

20         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

21         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

22         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

23         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

24         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

25         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

26         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

27         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

28         CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO

29         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

30         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

31         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

                                  30
    3:39 PM   04/29/99                              s1598c1c-3329j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

 2         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

 3         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

 4

 5         IF YOU ARE GIVING UP YOUR RIGHTS TO A CHILD WHO

 6         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

 7         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

 8         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

 9         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

10         CHILD. WHILE THE CONSENT IS VALID AND BINDING

11         WHEN SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND.

12         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

13         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

14         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

15         TO THE PLACEMENT OF THE CHILD WITH THE

16         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

17         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

18         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

19         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

20         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

21         LATER.

22

23         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

24         PERIOD, YOU MUST:

25              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

26         A LETTER, THAT YOU ARE WITHDRAWING YOUR

27         CONSENT.

28              2.  MAIL THE LETTER AT A UNITED STATES

29         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

30         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

31         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

                                  31
    3:39 PM   04/29/99                              s1598c1c-3329j




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

 2         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

 3         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

 4         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

 5              3.  SEND THE LETTER BY CERTIFIED UNITED

 6         STATES MAIL WITH RETURN RECEIPT REQUESTED.

 7              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

 8         THE LETTER.

 9              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

10         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

11         MANNER.

12

13         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

14         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

15         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

16         IN WRITING BY CERTIFIED UNITED STATES MAIL,

17         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

18         YOU SHOULD NOTIFY IS:  ...(name of adoption

19         entity)..., ...(address of adoption entity)...,

20         ...(phone number of adoption entity)....

21

22         ONCE THE REVOCATION PERIOD IS OVER, OR THE

23         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

24         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

25         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

26         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

27         FRAUD OR UNDER DURESS.

28

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

30  nonpaternity is executed by a parent, but after the birth of

31  the minor, all requirements of disclosure under s. 63.085 must

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 1  be met.

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

 3  termination of parental rights pending adoption must be

 4  provided to the person who executed the consent to adoption.

 5  The copy must be hand delivered, with a written acknowledgment

 6  of receipt signed by the person whose consent is required, or

 7  mailed by first class United States mail to the address of

 8  record in the court file. If a copy of a consent cannot be

 9  provided as required in this subsection, the adoption entity

10  must execute an affidavit stating why the copy of the consent

11  is undeliverable. The original consent and acknowledgment of

12  receipt, an acknowledgment of mailing by the adoption entity,

13  or an affidavit stating why the copy of the consent is

14  undeliverable must be filed with the petition for termination

15  of parental rights pending adoption.

16         (7)(5)(a)  A consent that is being withdrawn under

17  paragraph (4)(c) may be withdrawn at any time prior to the

18  minor's placement with the prospective adoptive parents or by

19  notifying the adoption entity in writing by certified United

20  States mail, return receipt requested, not later than 3

21  business days after execution of the consent or 1 business day

22  after the date of the birth mother's discharge from a licensed

23  hospital or birth center, whichever occurs later. As used in

24  this subsection, the term "business day" means any day on

25  which the United States Postal Service accepts certified mail

26  for delivery.

27         (b)  Upon receiving written notice from a person of

28  that person's desire to withdraw consent to adoption, the

29  adoption entity must contact the prospective adoptive parent

30  to arrange a time certain for the adoption entity to regain

31  physical custody of the minor, unless, upon a motion for

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 1  emergency hearing by the adoption entity, the court determines

 2  in written findings that placement of the minor with the

 3  person withdrawing consent may endanger the minor.

 4         (c)  If the court finds that such placement may

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

 6  continued placement of the minor. The order shall include, but

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

 8  is appropriate, whether an investigation by the department is

 9  recommended, and whether a relative within the third degree is

10  available for the temporary placement.

11         (d)  If the person withdrawing consent claims to be the

12  father of the minor but has not been established to be the

13  father by marriage, court order, or scientific testing, the

14  court may order scientific paternity testing and reserve

15  ruling on removal of the minor until the results of such

16  testing have been filed with the court.

17         (e)  The adoption entity must return the minor within 3

18  days after notification of the withdrawal of consent or after

19  the court determines that withdrawal is valid and binding upon

20  consideration of an emergency motion, as filed pursuant to

21  subsection (b), to the physical custody of the person

22  withdrawing consent.

23         (f)  Following the revocation period for withdrawal of

24  consent described in paragraph (a), or the placement of the

25  child with the prospective adoptive parents, whichever occurs

26  later, consent may be withdrawn only when the court finds that

27  the consent was obtained by fraud or under duress.

28         (g)  An affidavit of nonpaternity may be withdrawn only

29  if the court finds that the affidavit was obtained by fraud or

30  under duress.

31         Section 18.  Section 63.085, Florida Statutes, is

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 1  amended to read:

 2         (Substantial rewording of section. See

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

 4         63.085  Disclosure by adoption entity.--

 5         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

 6  ADOPTIVE PARENTS.--Not later than 7 days after a person

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

 8  for adoption contacts an adoption entity in person or provides

 9  the adoption entity with a mailing address, the entity must

10  provide a written disclosure statement to that person if the

11  entity agrees or continues to work with such person. If an

12  adoption entity is assisting in the effort to terminate the

13  parental rights of a parent who did not initiate the contact

14  with the adoption entity, the written disclosure must be

15  provided within 7 days after that parent is identified and

16  located. The written disclosure statement must be in

17  substantially the following form:

18

19                       ADOPTION DISCLOSURE

20

21         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

22         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

23         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

24         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

25         ADOPTION UNDER FLORIDA LAW:

26

27              1.  Under section 63.102, Florida

28         Statutes, the existence of a placement or

29         adoption contract signed by the parent or

30         prospective adoptive parent, prior approval of

31         that contract by the court, or payment of any

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 1         expenses permitted under Florida law does not

 2         obligate anyone to sign a consent or ultimately

 3         place a minor for adoption.

 4              2.  Under sections 63.092 and 63.125,

 5         Florida Statutes, a favorable preliminary home

 6         study, before the minor may be placed in that

 7         home, and a final home investigation, before

 8         the adoption becomes final, must be completed.

 9              3.  Under section 63.082, Florida

10         Statutes, a consent to adoption or affidavit of

11         nonpaternity may not be signed until after the

12         birth of the minor.

13              4.  Under section 63.082, Florida

14         Statutes, if the minor is to be placed for

15         adoption with identified prospective adoptive

16         parents upon release from a licensed hospital

17         or birth center following birth, the consent to

18         adoption may not be signed until 48 hours after

19         birth or until the day the birth mother has

20         been notified in writing, either on her patient

21         chart or in release papers, that she is fit to

22         be released from the licensed hospital or birth

23         center, whichever is sooner. The consent to

24         adoption or affidavit of nonpaternity is valid

25         and binding upon execution unless the court

26         finds it was obtained by fraud or under duress.

27              5.  Under section 63.082, Florida

28         Statutes, if the minor is not placed for

29         adoption with the prospective adoptive parent

30         upon release from the hospital or birth center

31         following birth, a 3-day revocation period

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 1         applies during which consent may be withdrawn

 2         for any reason by notifying the adoption entity

 3         in writing. In order to withdraw consent, the

 4         written withdrawal of consent must be mailed at

 5         a United States Post Office no later than 3

 6         business days after execution of the consent or

 7         1 business day after the date of the birth

 8         mother's discharge from a licensed hospital or

 9         birth center, whichever occurs later. For

10         purposes of mailing the withdrawal of consent,

11         the term "business day" means any day on which

12         the United States Postal Service accepts

13         certified mail for delivery. The letter must be

14         sent by certified United States mail, return

15         receipt requested. Postal costs must be paid at

16         the time of mailing and the receipt should be

17         retained as proof that consent was withdrawn in

18         a timely manner.

19              6.  Under section 63.082, Florida

20         Statutes, and notwithstanding the revocation

21         period, the consent may be withdrawn at any

22         time prior to the placement of the child with

23         the prospective adoptive parent, by notifying

24         the adoption entity in writing by certified

25         United States mail, return receipt requested. 

26              7.  Under section 63.082, Florida

27         Statutes, if an adoption entity timely receives

28         written notice from a person of that person's

29         desire to withdraw consent, the adoption entity

30         must contact the prospective adoptive parent to

31         arrange a time certain to regain physical

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 1         custody of the child. Absent a court order for

 2         continued placement of the child entered under

 3         section 63.082, Florida Statutes, the adoption

 4         entity must return the minor within 3 days

 5         after notification of the withdrawal of consent

 6         to the physical custody of the person

 7         withdrawing consent. After the revocation

 8         period for withdrawal of consent ends, or after

 9         the placement of the child with prospective

10         adoptive parent, whichever occurs later, the

11         consent may be withdrawn only if the court

12         finds that the consent was obtained by fraud or

13         under duress.

14              8.  Under section 63.082, Florida

15         Statutes, an affidavit of nonpaternity, once

16         executed, may be withdrawn only if the court

17         finds that it was obtained by fraud or under

18         duress.

19              9.  Under section 63.082, Florida

20         Statutes, a person who signs a consent to

21         adoption or an affidavit of nonpaternity must

22         be given reasonable notice of his or her right

23         to select a person who does not have an

24         employment, professional, or personal

25         relationship with the adoption entity or the

26         prospective adoptive parents to be present when

27         the consent or affidavit is executed and to

28         sign the consent or affidavit as a witness.

29              10.  Under section 63.088, Florida

30         Statutes, specific and extensive efforts are

31         required by law to attempt to obtain the

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 1         consents required under section 63.062, Florida

 2         Statutes. If these efforts are unsuccessful,

 3         the court may not enter a judgment terminating

 4         parental rights pending adoption until certain

 5         requirements have been met.

 6              11.  Under Florida law, an intermediary

 7         may represent the legal interests of only the

 8         prospective adoptive parents. Each person whose

 9         consent to an adoption is required under

10         section 63.062, Florida Statutes, is entitled

11         to seek independent legal advice and

12         representation before signing any document or

13         surrendering parental rights.

14              12.  Under section 63.182, Florida

15         Statutes, an action or proceeding of any kind

16         to vacate, set aside, or otherwise nullify a

17         judgment of adoption or an underlying judgment

18         terminating parental rights pending adoption,

19         on any ground, including duress but excluding

20         fraud, must be filed within 1 year after entry

21         of the judgment terminating parental rights

22         pending adoption. Such an action or proceeding

23         for fraud must be filed within 2 years after

24         entry of the judgment terminating parental

25         rights.

26              13.  Under section 63.089, Florida

27         Statutes, a judgment terminating parental

28         rights pending adoption is voidable and any

29         later judgment of adoption of that minor is

30         voidable if, upon the motion of a parent, the

31         court finds that any person knowingly gave

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 1         false information that prevented the parent

 2         from timely making known his or her desire to

 3         assume parental responsibilities toward the

 4         minor or to exercise his or her parental

 5         rights. The motion must be filed with the court

 6         that originally entered the judgment. The

 7         motion must be filed within a reasonable time,

 8         but not later than 2 years after the date the

 9         judgment to which the motion is directed was

10         entered.

11              14.  Under section 63.165, Florida

12         Statutes, the State of Florida maintains a

13         registry of adoption information. Information

14         about the registry is available from the

15         Department of Children and Family Services.

16              15.  Under section 63.032, Florida

17         Statutes, a court may find that a parent has

18         abandoned his or her child based on conduct

19         during the pregnancy or based on conduct after

20         the child is born. In addition, under section

21         63.089, Florida Statutes, the failure of a

22         parent to respond to notices of proceedings

23         involving his or her child shall result in

24         termination of parental rights of a parent. A

25         lawyer can explain what a parent must do to

26         protect his or her parental rights. Any parent

27         wishing to protect his or her parental rights

28         should act IMMEDIATELY.

29              16.  Each parent and prospective adoptive

30         parent is entitled to independent legal advice

31         and representation. Attorney information may be

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                                                  SENATE AMENDMENT

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 1         obtained from the yellow pages, The Florida

 2         Bar's lawyer referral service, and local legal

 3         aid offices and bar associations.

 4              17.  Counseling services may be helpful

 5         while making a parenting decision. Consult the

 6         yellow pages of the telephone directory.

 7              18.  Medical and social services support

 8         is available if the parent wishes to retain

 9         parental rights and responsibilities. Consult

10         the Department of Children and Family Services.

11              19.  Under section 63.039, Florida

12         Statutes, an adoption entity has certain legal

13         responsibilities and may be liable for damages

14         to persons whose consent to an adoption is

15         required or to prospective adoptive parents for

16         failing to materially meet those

17         responsibilities. Damages may also be recovered

18         from an adoption entity if a consent to

19         adoption or affidavit of nonpaternity is

20         obtained by fraud or under duress attributable

21         to an adoption entity.

22              20.  Under section 63.097, Florida

23         Statutes, reasonable living expenses of the

24         birth mother may be paid by the prospective

25         adoptive parents and the adoption entity only

26         if the birth mother is unable to pay due to

27         unemployment, underemployment, or disability.

28         The law also allows payment of reasonable and

29         necessary medical expenses, expenses necessary

30         to comply with the requirements of chapter 63,

31         Florida Statutes, court filing expenses, and

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 1         costs associated with advertising. Certain

 2         documented legal, counseling, and other

 3         professional fees may be paid. Prior approval

 4         of the court is not required until the

 5         cumulative total of amounts permitted exceeds

 6         $2,500 in legal or other fees, $500 in court

 7         costs, $3,000 in expenses or $1,500 in

 8         cumulative expenses incurred prior to the date

 9         the prospective adoptive parent retains the

10         adoption entity. The following fees, costs, and

11         expenses are prohibited:

12              a.  Any fee or expense that constitutes

13         payment for locating a minor for adoption.

14              b.  Any lump-sum payment to the entity

15         which is nonrefundable directly to the payor or

16         which is not itemized on the affidavit.

17              c.  Any fee on the affidavit which does

18         not specify the service that was provided and

19         for which the fee is being charged, such as a

20         fee for facilitation or acquisition.

21

22         The court may reduce amounts charged or refund

23         amounts that have been paid if it finds that

24         these amounts were more than what was

25         reasonable or allowed under the law.

26              21.  Under section 63.132, Florida

27         Statutes, the adoption entity and the

28         prospective adoptive parents must sign and file

29         with the court a written statement under oath

30         listing all the fees, expenses, and costs made,

31         or agreed to be made, by or on behalf of the

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                                                  SENATE AMENDMENT

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 1         prospective adoptive parents and any adoption

 2         entity in connection with the adoption. The

 3         affidavit must state whether any of the

 4         expenses were eligible to be paid for by any

 5         other source.

 6              22.  Under section 63.132, Florida

 7         Statutes, the court order approving the money

 8         spent on the adoption must be separate from the

 9         judgment making the adoption final. The court

10         may approve only certain costs and expenses

11         allowed under s. 63.097. The court may approve

12         only fees that are allowed under law and that

13         it finds to be "reasonable." A good idea of

14         what is and is not allowed to be paid for in an

15         adoption can be determined by reading sections

16         63.097 and 63.132, Florida Statutes.

17

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

19  must obtain a written statement acknowledging receipt of the

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

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

22  obtain such an acknowledgment, the adoption entity must

23  execute an affidavit stating why an acknowledgment could not

24  be obtained. If the disclosure was delivered by certified

25  United States mail, return receipt requested, a return receipt

26  signed by the person from whom acknowledgment is required is

27  sufficient to meet the requirements of this subsection. A copy

28  of the acknowledgment of receipt of the disclosure must be

29  provided to the person signing it.  A copy of the

30  acknowledgment or affidavit executed by the adoption entity in

31  lieu of the acknowledgment must be maintained in the file of

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                                                  SENATE AMENDMENT

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 1  the adoption entity. The original acknowledgment or affidavit

 2  must be filed with the court. In the case of a disclosure

 3  provided under subsection (1), the original acknowledgment or

 4  affidavit must be included in the preliminary home study

 5  required in s. 63.092.

 6         (3)  POSTBIRTH DISCLOSURE TO PARENTS.--Before execution

 7  of any consent to adoption by a parent, but after the birth of

 8  the minor, all requirements of subsections (1) and (2) for

 9  making certain disclosures to a parent and obtaining a written

10  acknowledgment of receipt must be repeated.

11         Section 19.  Section 63.087, Florida Statutes, is

12  created to read:

13         63.087  Proceeding to terminate parental rights pending

14  adoption; general provisions.--

15         (1)  INTENT.--It is the intent of the Legislature that

16  a court determine whether a minor is legally available for

17  adoption through a separate proceeding terminating parental

18  rights prior to the filing of a petition for adoption.

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

20  Procedure govern a proceeding to terminate parental rights

21  pending adoption unless otherwise provided by law.

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

23  competent to decide child welfare or custody matters has

24  jurisdiction to hear all matters arising from a proceeding to

25  terminate parental rights pending adoption. All subsequent

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

27  termination is granted, must be conducted by the same judge

28  who conducted the termination proceedings, if that judge is

29  still available within the division of the court which

30  conducts termination or adoption cases or, if that judge is

31  unavailable, by another judge within the division.

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 1         (4)  VENUE.--

 2         (a)  A petition to terminate parental rights pending

 3  adoption must be filed:

 4         1.  In the county where the child resided for the

 5  previous 6 months;

 6         2.  If the child is younger than 6 months of age or has

 7  not continuously resided in one county for the previous 6

 8  months, in the county where the parent resided at the time of

 9  the execution of the consent to adoption or the affidavit of

10  nonpaternity;

11         3.  If the child is younger than 6 months of age and a

12  waiver of venue has been obtained pursuant to 63.062 in the

13  county where the adoption entity is located or, if the

14  adoption entity has more than one place of business, in the

15  county which is located in closest proximity to the county in

16  which the parent whose rights are to be terminated resided at

17  the time of execution of the consent or affidavit of

18  nonpaternity; or

19         4.  If there is no consent or affidavit of nonpaternity

20  executed by a parent, in the county where the birth mother

21  resides.

22         5.  If neither parent resides in the state, venue is in

23  the county where the adoption entity is located.

24         (b)  Regardless of the age of the child, if the

25  adoption entity is notified that a parent whose parental

26  rights are to be terminated intends to contest the

27  termination, venue must be in the county where that parent

28  resides. If there is no such residence in this state, venue

29  must be in the county where:

30         1.  At least one parent whose rights are to be

31  terminated resides; or

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 1         2.  At least one parent resided at the time of

 2  execution of a consent or affidavit of nonpaternity; or

 3         3.  The adoption entity is located if neither

 4  subparagrph 1. nor subparagraph 2. applies.

 5         (c)  If a petition for termination of parental rights

 6  has been filed and a parent whose rights are to be terminated

 7  objects to venue, there shall be a hearing in which the court

 8  shall immediately transfer venue to one of the counties listed

 9  in this subsection. The court is to consider for purposes of

10  selecting venue the ease of access to the court of the parent

11  who intends to contest a termination of parental rights.

12         (d)  If there is a transfer of venue, the adoption

13  entity or the petitioner shall bear the cost of venue

14  transfer.

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

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

17  judge signed the judgment terminating parental rights pending

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

19  the minor has been the subject of a judgment terminating

20  parental rights under chapter 39.

21         (6)  PETITION.--

22         (a)  A proceeding seeking to terminate parental rights

23  pending adoption pursuant to this chapter must be initiated by

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

25  minor.

26         (b)  The petition may be filed by a parent or person

27  having legal custody of the minor. The petition may be filed

28  by an adoption entity only if a parent or person having legal

29  custody who has executed a consent to adoption pursuant to s.

30  63.082 consents in writing to the entity filing the petition.

31  The original of such consent must be filed with the petition.

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

 2  the Proposed Adoption of a Minor Child."

 3         (d)  A petition to terminate parental rights may be

 4  consolidated with a previously filed petition for a

 5  declaratory statement filed under s. 63.102. Only one filing

 6  fee may be assessed for both the termination of parental

 7  rights and declaratory-statement petitions. 

 8         (e)  The petition to terminate parental rights pending

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

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

11  petition. A written consent to adoption, affidavit of

12  nonpaternity, or affidavit of diligent search under s. 63.088,

13  for each person whose consent to adoption is required under s.

14  63.062, must be executed and 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, excluding the minor's prospective

19  adoptive name but including the minor's legal name at the time

20  of the filing of the petition, to allow interested parties to

21  the action, including parents, persons having legal custody of

22  the minor, persons with custodial or visitation rights to the

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

24  Child Custody Jurisdiction Act or the Indian Child Welfare

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

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

27  is 6 months old and if the identity or location of the father

28  is unknown, each city in which the mother resided or traveled,

29  in which conception may have occurred, during the 12 months

30  before the minor's birth, including the county and state in

31  which that city is located.

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 1         3.  Unless a consent to adoption or affidavit of

 2  nonpaternity executed by each person whose consent is required

 3  under s. 63.062 is attached to the petition, the name and the

 4  city of residence, including the county and state in which

 5  that city is located, of:

 6         a.  The minor's mother;

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

 8  the minor's father; and

 9         c.  Any person who has legal custody, as defined in s.

10  39.01, of the minor.

11

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

13  so state.

14         4.  All information required by the Uniform Child

15  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

17  which the petition is based.

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

19  adoption entity seeking to place the minor for adoption.

20         7.  The name, address, and telephone number of the

21  division of the circuit court in which the petition is to be

22  filed.

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

24  any pleading need not be filed by any minor, parent, or person

25  having legal custody of the minor, but any matter that might

26  be set forth in an answer or other pleading may be pleaded

27  orally before the court or filed in writing.  However, failure

28  to file a written response or to appear at the hearing on the

29  petition constitutes grounds upon which the court may

30  terminate parental rights. Notwithstanding the filing of any

31  answer or any pleading, any person present at the hearing to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  terminate parental rights pending adoption whose consent to

 2  adoption is required under s. 63.062 must:

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

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

 5  person may consult with an attorney;

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

 7  the petition; and

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

 9  of any consent or affidavit of nonpaternity signed by any

10  person.

11         Section 20.  Section 63.088, Florida Statutes, is

12  created to read:

13         63.088  Proceeding to terminate parental rights pending

14  adoption; notice and service; diligent search.--

15         (1)  INITIATE LOCATION AND IDENTIFICATION

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

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

18  adoption entity must begin the inquiry and diligent search

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

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

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

22  place the minor for adoption with that entity, or not later

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

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

25  the person seeking to place a minor for adoption.

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

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

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

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

30  not executed an affidavit of nonpaternity and whose location

31  and identity have been determined by compliance with the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  procedures in this section, must be personally served,

 2  pursuant to chapter 48, at least 30 days before the hearing

 3  with a copy of the petition to terminate parental rights

 4  pending adoption and with notice in substantially the

 5  following form:

 6

 7                  NOTICE OF PETITION AND HEARING

 8          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

 9

10         A petition to terminate parental rights pending

11         adoption has been filed. A copy of the petition

12         is being served with this notice. There will be

13         a hearing on the petition to terminate parental

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

15         ... (time) ... before ... (judge) ... at ...

16         (location, including complete name and street

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

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

19         hearing. If you executed a consent or an

20         affidavit of nonpaternity and a waiver of

21         venue, you have the right to request that the

22         termination of parental rights hearing be

23         transferred to the county in which you reside.

24

25         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

26         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

27         THE COURT OR TO APPEAR AT THIS HEARING

28         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

29         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

30         THE MINOR CHILD.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         (3)  REQUIRED INQUIRY.--In proceedings initiated under

 2  s. 63.087, the court must conduct an inquiry of the person who

 3  is placing the minor for adoption and of any relative or

 4  person having legal custody of the minor who is present at the

 5  hearing and likely to have the following information regarding

 6  the identity of:

 7         (a)  Any person to whom the mother of the minor was

 8  married at any time when conception of the minor may have

 9  occurred or at the time of the birth of the minor;

10         (b)  Any person who has been declared by a court to be

11  the father of the minor;

12         (c)  Any man with whom the mother was cohabiting at any

13  time when conception of the minor may have occurred;

14         (d)  Any person the mother has reason to believe may be

15  the father and from whom she has received payments or promises

16  of support with respect to the minor or because of her

17  pregnancy;

18         (e)  Any person the mother has named as the father on

19  the birth certificate of the minor or in connection with

20  applying for or receiving public assistance;

21         (f)  Any person who has acknowledged or claimed

22  paternity of the minor; and

23         (g)  Any person the mother has reason to believe may be

24  the father.

25

26  The information required under this subsection may be provided

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

28  having personal knowledge of the facts, addressing each

29  inquiry enumerated in this subsection, except that, if the

30  inquiry identifies a father under paragraph (a) or paragraph

31  (b), the inquiry shall not continue further. The inquiry

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  required under this subsection may be conducted before the

 2  birth of the minor.

 3         (4)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry

 4  by the court under subsection (3) identifies any person whose

 5  consent to adoption is required under s. 63.062 and who has

 6  not executed a consent to adoption or an affidavit of

 7  nonpaternity, and the location of the person from whom consent

 8  is required is unknown, the adoption entity must conduct a

 9  diligent search for that person which must include inquiries

10  concerning:

11         (a)  The person's current address, or any previous

12  address, through an inquiry of the United States Postal

13  Service through the Freedom of Information Act;

14         (b)  The last known employment of the person, including

15  the name and address of the person's employer. Inquiry should

16  be made of the last known employer as to any address to which

17  wage and earnings statements (W-2 forms) of the person have

18  been mailed. Inquiry should be made of the last known employer

19  as to whether the person is eligible for a pension or

20  profit-sharing plan and any address to which pension or other

21  funds have been mailed;

22         (c)  Union memberships the person may have held or

23  unions that governed the person's particular trade or craft in

24  the area where the person last resided;

25         (d)  Regulatory agencies, including those regulating

26  licensing in the area where the person last resided;

27         (e)  Names and addresses of relatives to the extent

28  such can be reasonably obtained from the petitioner or other

29  sources, contacts with those relatives, and inquiry as to the

30  person's last known address. The petitioner shall pursue any

31  leads of any addresses to which the person may have moved.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  Relatives include, but are not limited to, parents, brothers,

 2  sisters, aunts, uncles, cousins, nieces, nephews,

 3  grandparents, great-grandparents, former or current in-laws,

 4  stepparents, and stepchildren;

 5         (f)  Information as to whether or not the person may

 6  have died and, if so, the date and location;

 7         (g)  Telephone listings in the area where the person

 8  last resided;

 9         (h)  Inquiries of law enforcement agencies in the area

10  where the person last resided;

11         (i)  Highway patrol records in the state where the

12  person last resided;

13         (j)  Department of Corrections records in the state

14  where the person last resided;

15         (k)  Hospitals in the area where the person last

16  resided;

17         (l)  Records of utility companies, including water,

18  sewer, cable television, and electric companies, in the area

19  where the person last resided;

20         (m)  Records of the Armed Forces of the United States

21  as to whether there is any information as to the person;

22         (n)  Records of the tax assessor and tax collector in

23  the area where the person last resided;

24         (o)  Search of one Internet databank locator service;

25  and

26         (p)  Information held by all medical providers who

27  rendered medical treatment or care to the birth mother and

28  child, including the identity and location information of all

29  persons listed by the mother as being financially responsible

30  for the uninsured expenses of treatment or care and all

31  persons who made any such payments.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1

 2  Any person contacted by a petitioner or adoption entity who is

 3  requesting information pursuant to this subsection must

 4  release the requested information to the petitioner or

 5  adoption entity, except when prohibited by law, without the

 6  necessity of a subpoena or court order. An affidavit of

 7  diligent search executed by the petitioner and the adoption

 8  entity must be filed with the court confirming completion of

 9  each aspect of the diligent search enumerated in this

10  subsection and specifying the results. The diligent search

11  required under this subsection may be conducted before the

12  birth of the minor.

13         (5)  LOCATION UNKNOWN OR IDENTITY UNKNOWN.--This

14  subsection only applies if, as to any person whose consent is

15  required under s. 63.062 and who has not executed an affidavit

16  of nonpaternity, the location or identity of the person is

17  unknown and the inquiry under subsection (3) fails to identify

18  the person or the diligent search under subsection (4) fails

19  to locate the person. The unlocated or unidentified person

20  must be served notice under subsection (2) by constructive

21  service in the manner provided in chapter 49 in each county

22  identified in the petition, as provided in s. 63.087(6). The

23  notice, in addition to all information required in the

24  petition under s. 63.087(6) and chapter 49, must contain a

25  physical description, including, but not limited to, age,

26  race, hair and eye color, and approximate height and weight of

27  the minor's mother and of any person the mother reasonably

28  believes may be the father; the minor's date of birth; and any

29  date and city, including the county and state in which the

30  city is located, in which conception may have occurred. If any

31  of the facts that must be included in the notice under this

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  subsection are unknown and cannot be reasonably ascertained,

 2  the notice must so state.

 3         Section 21.  Section 63.089, Florida Statutes, is

 4  created to read:

 5         63.089  Proceeding to terminate parental rights pending

 6  adoption; hearing; grounds; dismissal of petition; judgment.--

 7         (1)  HEARING.--The court may terminate parental rights

 8  pending adoption only after a full evidentiary hearing.

 9         (2)  HEARING PREREQUISITES.--The court may hold the

10  hearing only when:

11         (a)  For each person whose consent to adoption is

12  required under s. 63.062:

13         1.  A consent under s. 63.082 has been executed and

14  filed with the court;

15         2.  An affidavit of nonpaternity under s. 63.082 has

16  been executed and filed with the court; or

17         3.  Notice has been provided under ss. 63.087 and

18  63.088;

19         (b)  For each notice and petition that must be served

20  under ss. 63.087 and 63.088:

21         1.  At least 30 days have elapsed since the date of

22  personal service and an affidavit of service has been filed

23  with the court;

24         2.  At least 60 days have elapsed since the first date

25  of publication of constructive service and an affidavit of

26  service has been filed with the court; or

27         3.  An affidavit of nonpaternity which affirmatively

28  waives service has been executed and filed with the court;

29         (c)  The minor named in the petition has been born; and

30         (d)  The petition contains all information required

31  under s. 63.087 and all affidavits of inquiry, diligent

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  search, and service required under s. 63.088 have been

 2  obtained and filed with the court.

 3         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

 4  ADOPTION.--The court may enter a judgment terminating parental

 5  rights pending adoption if the court determines by clear and

 6  convincing evidence, supported by written findings of fact,

 7  that each person whose consent to adoption is required under

 8  s. 63.062:

 9         (a)  Has executed a valid consent that has not been

10  withdrawn under s. 63.082 and the consent was obtained

11  according to the requirements of this chapter;

12         (b)  Has executed an affidavit of nonpaternity and the

13  affidavit was obtained according to the requirements of this

14  chapter;

15         (c)  Has been properly served notice of the proceeding

16  in accordance with the requirements of this chapter and has

17  failed to file a written answer or appear at the evidentiary

18  hearing resulting in the judgment terminating parental rights

19  pending adoption;

20         (d)  Has been properly served notice of the proceeding

21  in accordance with the requirements of this chapter and has

22  been determined under subsection (4) to have abandoned the

23  minor as defined in s. 63.032;

24         (e)  Is a parent of the person to be adopted, which

25  parent has been judicially declared incapacitated with

26  restoration of competency found to be medically improbable;

27         (f)  Is a person who has legal custody of the person to

28  be adopted, other than a parent, who has failed to respond in

29  writing to a request for consent for a period of 60 days or,

30  after examination of his or her written reasons for

31  withholding consent, is found by the court to be withholding

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  his or her consent unreasonably;

 2         (g)  Has been properly served notice of the proceeding

 3  in accordance with the requirements of this chapter, but whom

 4  the court finds, after examining written reasons for the

 5  withholding of consent, to be unreasonably withholding his or

 6  her consent; or

 7         (h)  Is the spouse of the person to be adopted who has

 8  failed to consent, and the failure of the spouse to consent to

 9  the adoption is excused by reason of prolonged and unexplained

10  absence, unavailability, incapacity, or circumstances that are

11  found by the court to constitute unreasonable withholding of

12  consent.

13         (4)  FINDING OF ABANDONMENT.--A finding of abandonment

14  resulting in a termination of parental rights must be based

15  upon clear and convincing evidence. A finding of abandonment

16  may not be based upon a lack of emotional support to a birth

17  mother during her pregnancy, but may be based upon emotional

18  abuse to a birth mother during her pregnancy.

19         (a)  In making a determination of abandonment at a

20  hearing for termination of parental rights pursuant to this

21  chapter, the court must consider:

22         1.  Whether the actions alleged to constitute

23  abandonment demonstrate a willful disregard for the safety or

24  welfare of the child or unborn child;

25         2.  Whether other persons prevented the person alleged

26  to have abandoned the child from making the efforts referenced

27  in this subsection;

28         3.  Whether the person alleged to have abandoned the

29  child, while being able, refused to provide financial support

30  after such person was informed he may be the father of the

31  child;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         4.  Whether the person alleged to have abandoned the

 2  child, while being able, refused to pay for medical treatment

 3  when such payment was requested by the person having legal

 4  custody of the child and those expenses were not covered by

 5  insurance or other available sources;

 6         5.  Whether the amount of support provided or medical

 7  expenses paid was appropriate, taking into consideration the

 8  needs of the child and relative means and resources available

 9  to the person alleged to have abandoned the child and

10  available to the person having legal custody of the child

11  during the period the child allegedly was abandoned; and

12         6.  Whether the person having legal custody of the

13  child made the child's whereabouts known to the person alleged

14  to have abandoned the child, advised that person of the needs

15  of the child or the needs of the mother of an unborn child

16  with regard to the pregnancy, or informed that person of

17  events such as medical appointments and tests relating to the

18  child or, if unborn, the pregnancy.

19         (b)  The child has been abandoned when the parent of a

20  child is incarcerated on or after October 1, 1999, in a state

21  or federal correctional institution and:

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

23  to be incarcerated will constitute a substantial portion of

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

25  years;

26         2.  The incarcerated parent has been determined by the

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

28  775.084, a habitual violent felony offender as defined in s.

29  775.084, convicted of child abuse as defined in s. 827.03, or

30  a sexual predator as defined in s. 775.21; has been convicted

31  of first degree or second degree murder in violation of s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  782.04 or a sexual battery that constitutes a capital, life,

 2  or first degree felony violation of s. 794.011; or has been

 3  convicted of an offense in another jurisdiction which is

 4  substantially similar to one of the offenses listed in this

 5  paragraph.  As used in this section, the term "substantially

 6  similar offense" means any offense that is substantially

 7  similar in elements and penalties to one of those listed in

 8  this paragraph, and that is in violation of a law of any other

 9  jurisdiction, whether that of another state, the District of

10  Columbia, the United States or any possession or territory

11  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 the father was informed he may be the father of the

21  child or after diligent search and notice as provided in s.

22  63.088 have been made to inform the father that he is, or may

23  be, the father of the child.

24         (5)  DISMISSAL OF PETITION WITH PREJUDICE.--If the

25  court does not find by clear and convincing evidence that

26  parental rights of a parent should be terminated pending

27  adoption, the court must dismiss the petition with prejudice

28  and that parent's parental rights that were the subject of

29  such petition remain in full force under the law. The order

30  must include written findings in support of the dismissal,

31  including findings as to the criteria in subsection (4) if

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  rejecting a claim of abandonment. Parental rights may not be

 2  terminated based upon a consent that the court finds has been

 3  timely withdrawn under s. 63.082 or a consent to adoption or

 4  affidavit of nonpaternity that the court finds was obtained by

 5  fraud or under duress. The court must enter an order based

 6  upon written findings providing for the placement of the

 7  minor. The court may order scientific testing to determine the

 8  paternity of the minor at any time during which the court has

 9  jurisdiction over the minor. Further proceedings, if any,

10  regarding the minor must be brought in a separate custody

11  action under chapter 61, a dependency action under chapter 39,

12  or a paternity action under chapter 742.

13         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

14  ADOPTION.--

15         (a)  The judgment terminating parental rights pending

16  adoption must be in writing and contain findings of fact as to

17  the grounds for terminating parental rights pending adoption.

18         (b)  Within 24 hours after filing, the clerk of the

19  court shall mail a copy of the judgment to the department, the

20  petitioner, those persons required to give consent under s.

21  63.062, and the respondent. The clerk shall execute a

22  certificate of each mailing.

23         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

24  RIGHTS.--

25         (a)  A judgment terminating parental rights pending

26  adoption is voidable and any later judgment of adoption of

27  that minor is voidable if, upon the motion of a parent, the

28  court finds that a person knowingly gave false information

29  that prevented the parent from timely making known his or her

30  desire to assume parental responsibilities toward the minor or

31  meeting the requirements under this chapter to exercise his or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  her parental rights. A motion under this subsection must be

 2  filed with the court originally entering the judgment. The

 3  motion must be filed within a reasonable time, but not later

 4  than 2 years after the entry of the judgment terminating

 5  parental rights.

 6         (b)  No later than 30 days after the filing of a motion

 7  under this subsection, the court must conduct a preliminary

 8  hearing to determine what contact, if any, shall be permitted

 9  between a parent and the child pending resolution of the

10  motion. Such contact shall be considered only if it is

11  requested by a parent who has appeared at the hearing. If the

12  court orders contact between a parent and child, the order

13  must be issued in writing as expeditiously as possible and

14  must state with specificity any provisions regarding contact

15  with persons other than those with whom the child resides.

16         (c)  At the preliminary hearing, the court, upon the

17  motion of any party or upon its own motion, may order

18  scientific testing to determine the paternity of the minor if

19  the person seeking to set aside the judgment is alleging to be

20  the child's father and that fact has not previously been

21  determined by legitimacy or scientific testing. The court may

22  order supervised visitation with a person for whom scientific

23  testing for paternity has been ordered. Such visitation shall

24  be conditioned upon the filing of those test results with the

25  court and such results establishing that person's paternity of

26  the minor.

27         (d)  No later than 45 days after the preliminary

28  hearing, the court must conduct a final hearing on the motion

29  to set aside the judgment and enter its written order as

30  expeditiously as possible thereafter.

31         (8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  records pertaining to a petition to terminate parental rights

 2  pending adoption are related to the subsequent adoption of the

 3  minor and are subject to the provisions of s. 63.162. The

 4  confidentiality provisions of this chapter do not apply to the

 5  extent information regarding persons or proceedings must be

 6  made available as specified under s. 63.088.

 7         Section 22.  Section 63.092, Florida Statutes, 1998

 8  Supplement, is amended to read:

 9         63.092  Report to the court of intended placement by an

10  adoption entity; at-risk placement intermediary; preliminary

11  study.--

12         (1)  REPORT TO THE COURT.--The adoption entity

13  intermediary must report any intended placement of a minor for

14  adoption with any person not related within the third degree

15  or a stepparent if the adoption entity intermediary has

16  knowledge of, or participates in, such intended placement. The

17  report must be made to the court before the minor is placed in

18  the home.

19         (2)  AT-RISK PLACEMENT.--If the minor is placed in the

20  prospective adoptive home before the parental rights of the

21  minor's parents are terminated under s. 63.089, the placement

22  is an at-risk placement. If the placement is an at-risk

23  placement, the prospective adoptive parents must acknowledge

24  in writing before the minor may be placed in the prospective

25  adoptive home that the placement is at risk and that the minor

26  is subject to removal from the prospective adoptive home by

27  the adoption entity or by court order.

28         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

29  minor in the intended adoptive home, a preliminary home study

30  must be performed by a licensed child-placing agency, a

31  licensed professional, or agency described in s. 61.20(2),

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  unless the petitioner is a stepparent, a spouse of the birth

 2  parent, or a relative.  The preliminary study shall be

 3  completed within 30 days after the receipt by the court of the

 4  adoption entity's intermediary's report, but in no event may

 5  the minor child be placed in the prospective adoptive home

 6  prior to the completion of the preliminary study unless

 7  ordered by the court.  If the petitioner is a stepparent, a

 8  spouse of the birth parent, or a relative, the preliminary

 9  home study may be required by the court for good cause shown.

10  The department is required to perform the preliminary home

11  study only if there is no licensed child-placing agency,

12  licensed professional, or agency described in s. 61.20(2), in

13  the county where the prospective adoptive parents reside.  The

14  preliminary home study must be made to determine the

15  suitability of the intended adoptive parents and may be

16  completed prior to identification of a prospective adoptive

17  minor child.  A favorable preliminary home study is valid for

18  1 year after the date of its completion.  A minor may child

19  must not be placed in an intended adoptive home before a

20  favorable preliminary home study is completed unless the

21  adoptive home is also a licensed foster home under s. 409.175.

22  The preliminary home study must include, at a minimum:

23         (a)  An interview with the intended adoptive parents;

24         (b)  Records checks of the department's central abuse

25  registry and criminal records correspondence checks pursuant

26  to s. 435.045 through the Department of Law Enforcement on the

27  intended adoptive parents;

28         (c)  An assessment of the physical environment of the

29  home;

30         (d)  A determination of the financial security of the

31  intended adoptive parents;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         (e)  Documentation of counseling and education of the

 2  intended adoptive parents on adoptive parenting;

 3         (f)  Documentation that information on adoption and the

 4  adoption process has been provided to the intended adoptive

 5  parents;

 6         (g)  Documentation that information on support services

 7  available in the community has been provided to the intended

 8  adoptive parents; and

 9         (h)  A copy of each the signed acknowledgment statement

10  required by s. 63.085; and

11         (i)  A copy of the written acknowledgment required by

12  s. 63.085(1).

13

14  If the preliminary home study is favorable, a minor may be

15  placed in the home pending entry of the judgment of adoption.

16  A minor may not be placed in the home if the preliminary home

17  study is unfavorable.  If the preliminary home study is

18  unfavorable, the adoption entity intermediary or petitioner

19  may, within 20 days after receipt of a copy of the written

20  recommendation, petition the court to determine the

21  suitability of the intended adoptive home.  A determination as

22  to suitability under this subsection does not act as a

23  presumption of suitability at the final hearing.  In

24  determining the suitability of the intended adoptive home, the

25  court must consider the totality of the circumstances in the

26  home.

27         Section 23.  Section 63.097, Florida Statutes, is

28  amended to read:

29         63.097  Fees.--

30         (1)  When the adoption entity is an agency, fees may be

31  assessed if they are approved by the department within the

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 1  process of licensing the agency and if they are for:

 2         (a)  Foster care expenses;

 3         (b)  Preplacement and post-placement social services;

 4  and

 5         (c)  Agency facility and administrative costs.

 6         (2)  The following fees, costs, and expenses may be

 7  assessed by the adoption entity or paid by the adoption entity

 8  on behalf of the prospective adoptive parents:

 9         (a)  Reasonable living expenses of the birth mother

10  which the birth mother is unable to pay due to unemployment,

11  underemployment, or disability due to the pregnancy which is

12  certified by a medical professional who has examined the birth

13  mother, or any other disability defined in s. 110.215.

14  Reasonable living expenses are rent, utilities, basic

15  telephone service, food, necessary clothing, transportation,

16  and expenses found by the court to be necessary for the health

17  of the unborn child.

18         (b)  Reasonable and necessary medical expenses.

19         (c)  Expenses necessary to comply with the requirements

20  of this chapter, including, but not limited to, service of

21  process under s. 63.088, a diligent search under s. 63.088, a

22  preliminary home study under s. 63.092, and a final home

23  investigation under s. 63.125.

24         (d)  Court filing expenses, court costs, and other

25  litigation expenses.

26         (e)  Costs associated with advertising under s.

27  63.212(1)(g).

28         (f)  The following professional fees:

29         1.  A reasonable hourly fee necessary to provide legal

30  representation to the adoptive parents or adoption entity in a

31  proceeding filed under this chapter.

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 1         2.  A reasonable hourly fee for contact with the parent

 2  related to the adoption. In determining a reasonable hourly

 3  fee under this subparagraph, the court must consider if the

 4  tasks done were clerical or of such a nature that the matter

 5  could have been handled by support staff at a lesser rate than

 6  the rate for legal representation charged under subparagraph

 7  1. Such tasks specifically do not include obtaining a parent's

 8  signature on any document; such tasks include, but need not be

 9  limited to, transportation, transmitting funds, arranging

10  appointments, and securing accommodations.

11         3.  A reasonable hourly fee for counseling services

12  provided to a parent or a prospective adoptive parent by a

13  psychologist licensed under chapter 490 or a clinical social

14  worker, marriage and family therapist, or mental health

15  counselor licensed under chapter 491, or a counselor who is

16  employed by an adoption entity accredited by the Council on

17  Accreditation of Services for Children and Families to provide

18  pregnancy counseling and supportive services.

19         (3)  Prior approval of the court is not required until

20  the cumulative total of amounts permitted under subsection (2)

21  exceeds:

22         (a)  $2,500 in legal or other fees;

23         (b)  $500 in court costs;

24         (c)  $3,000 in expenses; or

25         (d)  $1,500 cumulative expenses that are related to the

26  minor, the pregnancy, a parent, or adoption proceeding, which

27  expenses are incurred prior to the date the prospective

28  adoptive parent retains the adoption entity.

29         (4)  Any fees, costs, or expenses not included in

30  subsection (2) or prohibited under subsection (5) require

31  court approval prior to payment and must be based on a finding

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 1  of extraordinary circumstances.

 2         (5)  The following fees, costs, and expenses are

 3  prohibited:

 4         (a)  Any fee or expense that constitutes payment for

 5  locating a minor for adoption.

 6         (b)  Any lump-sum payment to the entity which is

 7  nonrefundable directly to the payor or which is not itemized

 8  on the affidavit filed under s. 63.132.

 9         (c)  Any fee on the affidavit which does not specify

10  the service that was provided and for which the fee is being

11  charged, such as a fee for facilitation, acquisition, or other

12  similar service, or which does not identify the date the

13  service was provided, the time required to provide the

14  service, the person or entity providing the service, and the

15  hourly fee charged.

16         (1)  APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over

17  $1,000 and those costs as set out in s. 63.212(1)(d) over

18  $2,500, paid to an intermediary other than actual, documented

19  medical costs, court costs, and hospital costs must be

20  approved by the court prior to assessment of the fee by the

21  intermediary and upon a showing of justification for the

22  larger fee.

23         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

24  otherwise indicated in this section, when an adoption entity

25  intermediary uses the services of a licensed child-placing

26  agency, a professional, any other person or agency pursuant to

27  s. 63.092, or, if necessary, the department, the person

28  seeking to adopt the child must pay the licensed child-placing

29  agency, professional, other person or agency, or the

30  department an amount equal to the cost of all services

31  performed, including, but not limited to, the cost of

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 1  conducting the preliminary home study, counseling, and the

 2  final home investigation.  The court, upon a finding that the

 3  person seeking to adopt the child is financially unable to pay

 4  that amount, may order that such person pay a lesser amount.

 5         Section 24.  Section 63.102, Florida Statutes, is

 6  amended to read:

 7         63.102  Filing of petition for adoption or declaratory

 8  statement; venue; proceeding for approval of fees and costs.--

 9         (1)  A petition for adoption may not be filed until 30

10  days after the date of the entry of the judgment terminating

11  parental rights pending adoption under this chapter, unless

12  the adoptee is an adult or the minor has been the subject of a

13  judgment terminating parental rights under chapter 39. After a

14  judgment terminating parental rights has been entered, a

15  proceeding for adoption may shall be commenced by filing a

16  petition entitled, "In the Matter of the Adoption of ...." in

17  the circuit court.  The person to be adopted shall be

18  designated in the caption in the name by which he or she is to

19  be known if the petition is granted.  If the child is placed

20  for adoption by an agency, Any name by which the minor child

21  was previously known may shall not be disclosed in the

22  petition, the notice of hearing, or the judgment of adoption.

23         (2)  A petition for adoption or for a declaratory

24  statement as to the adoption contract shall be filed in the

25  county where the petition for termination of parental rights

26  was granted, unless the court in accordance with s. 47.122,

27  changes the venue to the county where the petitioner or

28  petitioners or the minor child resides or where the agency or

29  adoption entity with in which the minor child has been placed

30  is located. The circuit court in this state must retain

31  jurisdiction over the matter until a final judgment is entered

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 1  on the adoption. The Uniform Child Custody Jurisdiction Act

 2  does not apply until a final judgment is entered on the

 3  adoption.

 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 adoption entity intermediary shall be filed within 60 30

 8  working days after entry of the judgment terminating parental

 9  rights placement of a child with a parent seeking to adopt the

10  child.  If no petition is filed within 60 30 days, any

11  interested party, including the state, may file an action

12  challenging the prospective adoptive parent's physical custody

13  of the minor child.

14         (4)  If the filing of the petition for adoption or for

15  a declaratory statement as to the adoption contract in the

16  county where the petitioner or minor child resides would tend

17  to endanger the privacy of the petitioner or minor child, the

18  petition for adoption may be filed in a different county,

19  provided the substantive rights of any person will not thereby

20  be affected.

21         (5)  A proceeding for prior approval of fees and costs

22  may be commenced any time after an agreement is reached

23  between the birth mother and the adoptive parents by filing a

24  petition for declaratory statement on the agreement entitled

25  "In the Matter of the Proposed Adoption of a Minor Child" in

26  the circuit court.

27         (a)  The petition must be filed jointly by the adoption

28  entity and each person who enters into the agreement.

29         (b)  A contract for the payment of fees, costs, and

30  expenses permitted under this chapter must be in writing, and

31  any person who enters into the contract has 3 business days in

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 1  which to cancel the contract. To cancel the contract, the

 2  person must notify the adoption entity in writing by certified

 3  United States mail, return receipt requested, no later than 3

 4  business days after signing the contract. For the purposes of

 5  this subsection, the term "business day" means a day on which

 6  the United States Postal Service accepts certified mail for

 7  delivery. If the contract is canceled within the first 3

 8  business days, the person who cancels the contract does not

 9  owe any legal, intermediary, or other fees, but may be

10  responsible for the adoption entity's actual costs during that

11  time.

12         (c)  The court may grant prior approval only of fees

13  and expenses permitted under s. 63.097. A prior approval of

14  prospective fees and costs does not create a presumption that

15  these items will subsequently be approved by the court under

16  s. 63.132. The court, under s. 63.132, may order an adoption

17  entity to refund any amount paid under this subsection that is

18  subsequently found by the court to be greater than fees,

19  costs, and expenses actually incurred.

20         (d)  The contract may not require, and the court may

21  not approve, any lump-sum payment to the entity which is

22  nonrefundable to the payor or any amount that constitutes

23  payment for locating a minor for adoption.

24         (e)  A petition for adoption filed under this section

25  may be consolidated with a previously filed petition for a

26  declaratory statement. Only one filing fee may be assessed for

27  both the adoption and declaratory-statement petitions.

28         (f)  Prior approval of fees and costs by the court does

29  not obligate the parent to ultimately relinquish the minor for

30  adoption. If a petition for adoption is subsequently filed,

31  the petition for declaratory statement and the petition for

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 1  adoption must be consolidated into one case.

 2         Section 25.  Section 63.112, Florida Statutes, is

 3  amended to read:

 4         63.112  Petition for adoption; description; report or

 5  recommendation, exceptions; mailing.--

 6         (1)  A sufficient number of copies of the petition for

 7  adoption shall be signed and verified by the petitioner and

 8  filed with the clerk of the court so that service may be made

 9  under subsection (4) and shall state:

10         (a)  The date and place of birth of the person to be

11  adopted, if known;

12         (b)  The name to be given to the person to be adopted;

13         (c)  The date petitioner acquired custody of the minor

14  and the name of the person placing the minor;

15         (d)  The full name, age, and place and duration of

16  residence of the petitioner;

17         (e)  The marital status of the petitioner, including

18  the date and place of marriage, if married, and divorces, if

19  any;

20         (f)  The facilities and resources of the petitioner,

21  including those under a subsidy agreement, available to

22  provide for the care of the minor to be adopted;

23         (g)  A description and estimate of the value of any

24  property of the person to be adopted;

25         (h)  The case style and date of entry of the judgment

26  terminating parental rights or the judgment declaring a minor

27  available for adoption name and address, if known, of any

28  person whose consent to the adoption is required, but who has

29  not consented, and facts or circumstances that excuse the lack

30  of consent; and

31         (i)  The reasons why the petitioner desires to adopt

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 1  the person.

 2         (2)  The following documents are required to be filed

 3  with the clerk of the court at the time the petition is filed:

 4         (a)  A certified copy of the court judgment terminating

 5  parental rights under chapter 39 or the judgment declaring a

 6  minor available for adoption under this chapter. The required

 7  consents, unless consent is excused by the court.

 8         (b)  The favorable preliminary home study of the

 9  department, licensed child-placing agency, or professional

10  pursuant to s. 63.092, as to the suitability of the home in

11  which the minor has been placed.

12         (c)  The surrender document must include documentation

13  that an interview was interviews were held with:

14         1.  The birth mother, if parental rights have not been

15  terminated;

16         2.  The birth father, if his consent to the adoption is

17  required and parental rights have not been terminated; and

18         3.  the minor child, if older than 12 years of age,

19  unless the court, in the best interest of the minor child,

20  dispenses with the minor's child's consent under s.

21  63.062(1)(f) 63.062(1)(c).

22

23  The court may waive the requirement for an interview with the

24  birth mother or birth father in the investigation for good

25  cause shown.

26         (3)  Unless ordered by the court, no report or

27  recommendation is required when the placement is a stepparent

28  adoption or when the minor child is related to one of the

29  adoptive parents within the third degree.

30         (4)  The clerk of the court shall mail a copy of the

31  petition within 24 hours after filing, and execute a

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 1  certificate of mailing, to the adoption entity department and

 2  the agency placing the minor, if any.

 3         Section 26.  Section 63.122, Florida Statutes, is

 4  amended to read:

 5         63.122  Notice of hearing on petition.--

 6         (1)  After the petition to adopt a minor is filed, the

 7  court must establish a time and place for hearing the

 8  petition. The hearing may must not be held sooner than 30 days

 9  after the date the judgment terminating parental rights was

10  entered or sooner than 90 days after the date the minor was

11  placed the placing of the minor in the physical custody of the

12  petitioner.  The minor must remain under the supervision of

13  the adoption entity department, an intermediary, or a licensed

14  child-placing agency until the adoption becomes final.  When

15  the petitioner is a spouse of the birth parent, the hearing

16  may be held immediately after the filing of the petition.

17         (2)  Notice of hearing must be given as prescribed by

18  the rules of civil procedure, and service of process must be

19  made as specified by law for civil actions.

20         (3)  Upon a showing by the petitioner that the privacy

21  of the petitioner or minor child may be endangered, the court

22  may order the names of the petitioner or minor child, or both,

23  to be deleted from the notice of hearing and from the copy of

24  the petition attached thereto, provided the substantive rights

25  of any person will not thereby be affected.

26         (4)  Notice of the hearing must be given by the

27  petitioner to the adoption entity that places the minor.:

28         (a)  The department or any licensed child-placing

29  agency placing the minor.

30         (b)  The intermediary.

31         (c)  Any person whose consent to the adoption is

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 1  required by this act who has not consented, unless such

 2  person's consent is excused by the court.

 3         (d)  Any person who is seeking to withdraw consent.

 4         (5)  After filing the petition to adopt an adult, a

 5  notice of the time and place of the hearing must be given to

 6  any person whose consent to the adoption is required but who

 7  has not consented.  The court may order an appropriate

 8  investigation to assist in determining whether the adoption is

 9  in the best interest of the persons involved.

10         Section 27.  Section 63.125, Florida Statutes, is

11  amended to read:

12         63.125  Final home investigation.--

13         (1)  The final home investigation must be conducted

14  before the adoption becomes final.  The investigation may be

15  conducted by a licensed child-placing agency or a professional

16  in the same manner as provided in s. 63.092 to ascertain

17  whether the adoptive home is a suitable home for the minor and

18  whether the proposed adoption is in the best interest of the

19  minor.  Unless directed by the court, an investigation and

20  recommendation are not required if the petitioner is a

21  stepparent or if the minor child is related to one of the

22  adoptive parents within the third degree of consanguinity.

23  The department is required to perform the home investigation

24  only if there is no licensed child-placing agency or

25  professional pursuant to s. 63.092 in the county in which the

26  prospective adoptive parent resides.

27         (2)  The department, the licensed child-placing agency,

28  or the professional that performs the investigation must file

29  a written report of the investigation with the court and the

30  petitioner within 90 days after the date the petition is

31  filed.

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 1         (3)  The report of the investigation must contain an

 2  evaluation of the placement with a recommendation on the

 3  granting of the petition for adoption and any other

 4  information the court requires regarding the petitioner or the

 5  minor.

 6         (4)  The department, the licensed child-placing agency,

 7  or the professional making the required investigation may

 8  request other state agencies or child-placing agencies within

 9  or outside this state to make investigations of designated

10  parts of the inquiry and to make a written report to the

11  department, the professional, or other person or agency.

12         (5)  The final home investigation must include:

13         (a)  The information from the preliminary home study.

14         (b)  After the minor child is placed in the intended

15  adoptive home, two scheduled visits with the minor child and

16  the minor's child's adoptive parent or parents, one of which

17  visits must be in the home, to determine the suitability of

18  the placement.

19         (c)  The family social and medical history as provided

20  in s. 63.082.

21         (d)  Any other information relevant to the suitability

22  of the intended adoptive home.

23         (e)  Any other relevant information, as provided in

24  rules that the department may adopt.

25         Section 28.  Section 63.132, Florida Statutes, is

26  amended to read:

27         63.132  Affidavit Report of expenses expenditures and

28  receipts.--

29         (1)  At least 10 days before the hearing on the

30  petition for adoption, the prospective adoptive parent

31  petitioner and any adoption entity intermediary must file two

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 1  copies of an affidavit under this section.

 2         (a)  The affidavit must be signed by the adoption

 3  entity and the prospective adoptive parents. A copy of the

 4  affidavit must be provided to the adoptive parents at the time

 5  the affidavit is executed.

 6         (b)  The affidavit must itemize containing a full

 7  accounting of all disbursements and receipts of anything of

 8  value, including professional and legal fees, made or agreed

 9  to be made by or on behalf of the prospective adoptive parent

10  petitioner and any adoption entity intermediary in connection

11  with the adoption. or in connection with any prior proceeding

12  to terminate parental rights which involved the minor who is

13  the subject of the petition for adoption. The affidavit must

14  also include, for each fee itemized, the service provided for

15  which the fee is being charged, the date the service was

16  provided, the time required to provide the service, the person

17  or entity that provided the service, and the hourly fee

18  charged.

19         (c)  The clerk of the court shall forward a copy of the

20  affidavit to the department.

21         (d)  The affidavit report must show any expenses or

22  receipts incurred in connection with:

23         1.(a)  The birth of the minor.

24         2.(b)  The placement of the minor with the petitioner.

25         3.(c)  The medical or hospital care received by the

26  mother or by the minor during the mother's prenatal care and

27  confinement.

28         4.(d)  The living expenses of the birth mother.  The

29  living expenses must be documented in detail to apprise the

30  court of the exact expenses incurred.

31         5.(e)  The services relating to the adoption or to the

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 1  placement of the minor for adoption that were received by or

 2  on behalf of the petitioner, the adoption entity intermediary,

 3  either natural parent, the minor, or any other person.

 4

 5  The affidavit must state whether any of these expenses were

 6  paid for by collateral sources, including, but not limited to,

 7  health insurance, Medicaid, Medicare, or public assistance.

 8         (2)  The court may require such additional information

 9  as is deemed necessary.

10         (3)  The court must issue a separate order approving or

11  disapproving the fees, costs, and expenses itemized in the

12  affidavit. The court may approve only fees, costs, and

13  expenditures allowed under s. 63.097. The court may reject in

14  whole or in part any fee, cost, or expenditure listed if the

15  court finds that the expense is:

16         (a)  Contrary to this chapter;

17         (b)  Not supported by a receipt in the record, if the

18  expense is not a fee of the adoption entity; or

19         (c)  Not a reasonable fee or expense, considering the

20  requirements of this chapter and the totality of the

21  circumstances.

22         (4)(3)  This section does not apply to an adoption by a

23  stepparent whose spouse is a natural or adoptive parent of the

24  minor child.

25         Section 29.  Section 63.142, Florida Statutes, is

26  amended to read:

27         63.142  Hearing; judgment of adoption.--

28         (1)  APPEARANCE.--The petitioner and the person to be

29  adopted shall appear at the hearing on the petition for

30  adoption, unless:

31         (a)  The person is a minor under 12 years of age;, or

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 1         (b)  The presence of either is excused by the court for

 2  good cause.

 3         (2)  CONTINUANCE.--The court may continue the hearing

 4  from time to time to permit further observation,

 5  investigation, or consideration of any facts or circumstances

 6  affecting the granting of the petition.

 7         (3)  DISMISSAL.--

 8         (a)  If the petition is dismissed, the court shall

 9  determine the person that is to have custody of the minor.

10         (b)  If the petition is dismissed, the court shall

11  state with specificity the reasons for the dismissal.

12         (4)  JUDGMENT.--At the conclusion of the hearing, after

13  when the court determines that the date for a parent to file

14  an appeal of a valid judgment terminating that parent's

15  parental rights has passed and no appeal, pursuant to the

16  Florida Rules of Appellate Procedure, is pending all necessary

17  consents have been obtained and that the adoption is in the

18  best interest of the person to be adopted, a judgment of

19  adoption shall be entered.

20         (a)  A judgment terminating parental rights pending

21  adoption is voidable and any later judgment of adoption of

22  that minor is voidable if, upon a motion to set aside of a

23  parent, the court finds that any person knowingly gave false

24  information that prevented the parent from timely making known

25  his or her desire to assume parental responsibilities toward

26  the minor or meeting the requirements under this chapter to

27  exercise his or her parental rights. A motion under this

28  paragraph must be filed with the court that entered the

29  original judgment. The motion must be filed within a

30  reasonable time, but not later than 2 years after the date the

31  judgment terminating parental rights was entered.

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 1         (b)  Except upon good cause shown, no later than 30

 2  days after the filing of a motion under this subsection, the

 3  court must conduct a preliminary hearing to determine what

 4  contact, if any, shall be permitted between a parent and the

 5  child pending resolution of the motion. Such contact shall be

 6  considered only if it is requested by a parent who has

 7  appeared at the hearing. If the court orders contact between a

 8  parent and child, the order must be issued in writing as

 9  expeditiously as possible and must state with specificity any

10  provisions regarding contact with persons other than those

11  with whom the child resides.

12         (c)  At the preliminary hearing, the court, upon the

13  motion of any party or its own motion, may order scientific

14  testing to determine the paternity of the minor if the person

15  seeking to set aside the judgment is alleging to be the

16  child's father and that fact has not previously been

17  determined by legitimacy or scientific testing. The court may

18  order supervised visitation with a person for whom scientific

19  testing for paternity has been ordered. Such visitation shall

20  be conditioned upon the filing of those test results with the

21  court and such results establishing that person's paternity of

22  the minor.

23         (d)  Except upon good cause shown, no later than 45

24  days after the preliminary hearing, the court must conduct a

25  final hearing on the motion to set aside the judgment and

26  issue its written order as expeditiously as possible

27  thereafter.

28         Section 30.  Subsection (2) of section 63.162, Florida

29  Statutes, is amended to read:

30         63.162  Hearings and records in adoption proceedings;

31  confidential nature.--

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    Bill No. CS for SB 1598

    Amendment No.    





 1         (2)  All papers and records pertaining to the adoption,

 2  including the original birth certificate, whether part of the

 3  permanent record of the court or a file in the office of an

 4  adoption entity department, in a licensed child-placing

 5  agency, or in the office of an intermediary are confidential

 6  and subject to inspection only upon order of the court;

 7  however, the petitioner in any proceeding for adoption under

 8  this chapter may, at the option of the petitioner, make public

 9  the reasons for a denial of the petition for adoption.  The

10  order must specify which portion of the records are subject to

11  inspection, and it may exclude the name and identifying

12  information concerning the birth parent or adoptee. Papers and

13  records of the department, a court, or any other governmental

14  agency, which papers and records relate to adoptions, are

15  exempt from s. 119.07(1).  In the case of a nonagency

16  adoption, the department must be given notice of hearing and

17  be permitted to present to the court a report on the

18  advisability of disclosing or not disclosing information

19  pertaining to the adoption.  In the case of an agency

20  adoption, the licensed child-placing agency must be given

21  notice of hearing and be permitted to present to the court a

22  report on the advisability of disclosing or not disclosing

23  information pertaining to the adoption.  This subsection does

24  not prohibit the department from inspecting and copying any

25  official record pertaining to the adoption that is maintained

26  by the department and does not prohibit an agency from

27  inspecting and copying any official record pertaining to the

28  adoption that is maintained by that agency.

29         Section 31.  Section 63.165, Florida Statutes, is

30  amended to read:

31         63.165  State registry of adoption information; duty to

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                                                  SENATE AMENDMENT

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 1  inform and explain.--Notwithstanding any other law to the

 2  contrary, the department shall maintain a registry with the

 3  last known names and addresses of an adoptee and his or her

 4  natural parents whose consent was required under s. 63.062,

 5  and adoptive parents and any other identifying information

 6  that which the adoptee, natural parents whose consent was

 7  required under s. 63.062, or adoptive parents desire to

 8  include in the registry. The department shall maintain the

 9  registry records for the time required by rules adopted by the

10  department in accordance with this chapter or for 99 years,

11  whichever period is greater. The registry shall be open with

12  respect to all adoptions in the state, regardless of when they

13  took place. The registry shall be available for those persons

14  choosing to enter information therein, but no one shall be

15  required to do so.

16         (1)  Anyone seeking to enter, change, or use

17  information in the registry, or any agent of such person,

18  shall present verification of his or her identity and, if

19  applicable, his or her authority.  A person who enters

20  information in the registry shall be required to indicate

21  clearly the persons to whom he or she is consenting to release

22  this information, which persons shall be limited to the

23  adoptee and the birth natural mother, natural father whose

24  consent was required under s. 63.062, adoptive mother,

25  adoptive father, birth natural siblings, and maternal and

26  paternal birth natural grandparents of the adoptee.  Except as

27  provided in this section, information in the registry is

28  confidential and exempt from the provisions of s. 119.07(1).

29  Consent to the release of this information may be made in the

30  case of a minor adoptee by his or her adoptive parents or by

31  the court after a showing of good cause.  At any time, any

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

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 1  person may withdraw, limit, or otherwise restrict consent to

 2  release information by notifying the department in writing.

 3         (2)  The department may charge a reasonable fee to any

 4  person seeking to enter, change, or use information in the

 5  registry.  The department shall deposit such fees in a trust

 6  fund to be used by the department only for the efficient

 7  administration of this section. The department and agencies

 8  shall make counseling available for a fee to all persons

 9  seeking to use the registry, and the department shall inform

10  all affected persons of the availability of such counseling.

11         (3)  The adoption entity department, intermediary, or

12  licensed child-placing agency must inform the birth parents

13  before parental rights are terminated, and the adoptive

14  parents before placement, in writing, of the existence and

15  purpose of the registry established under this section, but

16  failure to do so does not affect the validity of any

17  proceeding under this chapter.

18         Section 32.  Section 63.182, Florida Statutes, is

19  amended to read:

20         (Substantial rewording of section. See

21         s. 63.182, F.S., for present text.)

22         63.182  Statute of repose.--

23         (1)  An action or proceeding of any kind to vacate, set

24  aside, or otherwise nullify a judgment of adoption or an

25  underlying judgment terminating parental rights on any ground,

26  including duress but excluding fraud, shall in no event be

27  filed more than 1 year after entry of the judgment terminating

28  parental rights.

29         (2)  An action or proceeding of any kind to vacate, set

30  aside, or otherwise nullify a judgment of adoption or an

31  underlying judgment terminating parental rights on grounds of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  fraud shall in no event be filed more than 2 years after entry

 2  of the judgment terminating parental rights.

 3         Section 33.  Subsection (2) of section 63.202, Florida

 4  Statutes, is amended to read:

 5         63.202  Authority to license; adoption of rules.--

 6         (2)  No agency shall place a minor for adoption unless

 7  such agency is licensed by the department, except a

 8  child-caring agency registered under s. 409.176.

 9         Section 34.  Section 63.207, Florida Statutes, is

10  amended to read:

11         63.207  Out-of-state placement.--

12         (1)  Unless the parent placing a minor for adoption

13  files an affidavit that the parent chooses to place the minor

14  outside the state, giving the reason for that placement, or

15  the minor child is to be placed with a relative within the

16  third degree or with a stepparent, or the minor is a special

17  needs child, as defined in s. 409.166, or for other good cause

18  shown, an adoption entity may not no person except an

19  intermediary, an agency, or the department shall:

20         (a)  Take or send a minor child out of the state for

21  the purpose of placement for adoption; or

22         (b)  Place or attempt to place a minor child for the

23  purpose of adoption with a family who primarily lives and

24  works outside Florida in another state.  An intermediary may

25  place or attempt to place a child for adoption in another

26  state only if the child is a special needs child as that term

27  is defined in s. 409.166.  If an adoption entity intermediary

28  is acting under this subsection, the adoption entity must

29  intermediary shall file a petition for declaratory statement

30  pursuant to s. 63.102 for prior approval of fees and costs.

31  The court shall review the costs pursuant to s. 63.097.  The

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

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 1  petition for declaratory statement must be converted to a

 2  petition for an adoption upon placement of the minor child in

 3  the home.  The circuit court in this state must retain

 4  jurisdiction over the matter until the adoption becomes final.

 5  The prospective adoptive parents must come to this state to

 6  have the adoption finalized.  Violation of the order subjects

 7  the adoption entity intermediary to contempt of court and to

 8  the penalties provided in s. 63.212.

 9         (2)  An adoption entity intermediary may not counsel a

10  birth mother to leave the state for the purpose of giving

11  birth to a child outside the state in order to secure a fee in

12  excess of that permitted under s. 63.097 when it is the

13  intention that the child is to be placed for adoption outside

14  the state.

15         (3)  When applicable, the Interstate Compact on the

16  Placement of Children authorized in s. 409.401 shall be used

17  in placing children outside the state for adoption.

18         Section 35.  Section 63.212, Florida Statutes, is

19  amended to read:

20         63.212  Prohibited acts; penalties for violation;

21  preplanned adoption agreement.--

22         (1)  It is unlawful for any person:

23         (a)  Except the department, an intermediary, or an

24  agency, To place or attempt to place a minor child for

25  adoption with a person who primarily lives and works outside

26  this state unless the minor child is placed with a relative

27  within the third degree or with a stepparent.  An intermediary

28  may place or attempt to place a special needs child for

29  adoption with a person who primarily lives and works outside

30  this state only if the intermediary has a declaratory

31  statement from the court establishing the fees to be paid.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  This requirement does not apply if the minor child is placed

 2  by an adoption entity in accordance with s. 63.207 with a

 3  relative within the third degree or with a stepparent.

 4         (b)  Except the department, an intermediary, or an

 5  agency, to place or attempt to place a child for adoption with

 6  a family whose primary residence and place of employment is in

 7  another state unless the child is placed with a relative

 8  within the third degree or with a stepparent.  An intermediary

 9  may place or attempt to place a special needs child for

10  adoption with a family whose primary residence and place of

11  employment is in another state only if the intermediary has a

12  declaratory statement from the court establishing the fees to

13  be paid.  This requirement does not apply if the child is

14  placed with a relative within the third degree or with a

15  stepparent.

16         (b)(c)  Except an adoption entity the Department of

17  Children and Family Services, an agency, or an intermediary,

18  to place or attempt to place within the state a minor child

19  for adoption unless the minor child is placed with a relative

20  within the third degree or with a stepparent.  This

21  prohibition, however, does not apply to a person who is

22  placing or attempting to place a minor child for the purpose

23  of adoption with the adoption entity Department of Children

24  and Family Services or an agency or through an intermediary.

25         (c)(d)  To sell or surrender, or to arrange for the

26  sale or surrender of, a minor child to another person for

27  money or anything of value or to receive such minor child for

28  such payment or thing of value.  If a minor child is being

29  adopted by a relative within the third degree or by a

30  stepparent, or is being adopted through an adoption entity,

31  this paragraph does not prohibit the Department of Children

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  and Family Services, an agency, or an intermediary, nothing

 2  herein shall be construed as prohibiting the person who is

 3  contemplating adopting the child from paying, under ss. 63.097

 4  and 63.132, the actual prenatal care and living expenses of

 5  the mother of the child to be adopted, or nor from paying,

 6  under ss. 63.097 and 63.132, the actual living and medical

 7  expenses of such mother for a reasonable time, not to exceed 6

 8  weeks, if medical needs require such support, after the birth

 9  of the minor child.

10         (d)(e)  Having the rights and duties of a parent with

11  respect to the care and custody of a minor to assign or

12  transfer such parental rights for the purpose of, incidental

13  to, or otherwise connected with, selling or offering to sell

14  such rights and duties.

15         (e)(f)  To assist in the commission of any act

16  prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),

17  paragraph (c), paragraph (d), or paragraph (e).

18         (f)(g)  Except an adoption entity the Department of

19  Children and Family Services or an agency, to charge or accept

20  any fee or compensation of any nature from anyone for making a

21  referral in connection with an adoption.

22         (g)(h)  Except an adoption entity the Department of

23  Children and Family Services, an agency, or an intermediary,

24  to advertise or offer to the public, in any way, by any medium

25  whatever that a minor child is available for adoption or that

26  a minor child is sought for adoption; and, further, it is

27  unlawful for any person to publish or broadcast any such

28  advertisement without including a Florida license number of

29  the agency or, attorney, or physician placing the

30  advertisement.

31         (h)(i)  To contract for the purchase, sale, or transfer

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                                                  SENATE AMENDMENT

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 1  of custody or parental rights in connection with any child, or

 2  in connection with any fetus yet unborn, or in connection with

 3  any fetus identified in any way but not yet conceived, in

 4  return for any valuable consideration.  Any such contract is

 5  void and unenforceable as against the public policy of this

 6  state.  However, fees, costs, and other incidental payments

 7  made in accordance with statutory provisions for adoption,

 8  foster care, and child welfare are permitted, and a person may

 9  agree to pay expenses in connection with a preplanned adoption

10  agreement as specified below, but the payment of such expenses

11  may not be conditioned upon the transfer of parental rights.

12  Each petition for adoption which is filed in connection with a

13  preplanned adoption agreement must clearly identify the

14  adoption as a preplanned adoption arrangement and must include

15  a copy of the preplanned adoption agreement for review by the

16  court.

17         1.  Individuals may enter into a preplanned adoption

18  arrangement as specified herein, but such arrangement shall

19  not in any way:

20         a.  Effect final transfer of custody of a child or

21  final adoption of a child, without review and approval of the

22  department and the court, and without compliance with other

23  applicable provisions of law.

24         b.  Constitute consent of a mother to place her child

25  for adoption until 7 days following birth, and unless the

26  court making the custody determination or approving the

27  adoption determines that the mother was aware of her right to

28  rescind within the 7-day period following birth but chose not

29  to rescind such consent.

30         2.  A preplanned adoption arrangement shall be based

31  upon a preplanned adoption agreement that must which shall

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  include, but need not be limited to, the following terms:

 2         a.  That the volunteer mother agrees to become pregnant

 3  by the fertility technique specified in the agreement, to bear

 4  the child, and to terminate any parental rights and

 5  responsibilities to the child she might have through a written

 6  consent executed at the same time as the preplanned adoption

 7  agreement, subject to a right of rescission by the volunteer

 8  mother any time within 7 days after the birth of the child.

 9         b.  That the volunteer mother agrees to submit to

10  reasonable medical evaluation and treatment and to adhere to

11  reasonable medical instructions about her prenatal health.

12         c.  That the volunteer mother acknowledges that she is

13  aware that she will assume parental rights and

14  responsibilities for the child born to her as otherwise

15  provided by law for a mother, if the intended father and

16  intended mother terminate the agreement before final transfer

17  of custody is completed, or if a court determines that a

18  parent clearly specified by the preplanned adoption agreement

19  to be the biological parent is not the biological parent, or

20  if the preplanned adoption is not approved by the court

21  pursuant to the Florida Adoption Act.

22         d.  That an intended father who is also the biological

23  father acknowledges that he is aware that he will assume

24  parental rights and responsibilities for the child as

25  otherwise provided by law for a father, if the agreement is

26  terminated for any reason by any party before final transfer

27  of custody is completed or if the planned adoption is not

28  approved by the court pursuant to the Florida Adoption Act.

29         e.  That the intended father and intended mother

30  acknowledge that they may not receive custody or the parental

31  rights under the agreement if the volunteer mother terminates

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  the agreement or if the volunteer mother rescinds her consent

 2  to place her child for adoption within 7 days after birth.

 3         f.  That the intended father and intended mother may

 4  agree to pay all reasonable legal, medical, psychological, or

 5  psychiatric expenses of the volunteer mother related to the

 6  preplanned adoption arrangement, and may agree to pay the

 7  reasonable living expenses of the volunteer mother.  No other

 8  compensation, whether in cash or in kind, shall be made

 9  pursuant to a preplanned adoption arrangement.

10         g.  That the intended father and intended mother agree

11  to accept custody of and to assert full parental rights and

12  responsibilities for the child immediately upon the child's

13  birth, regardless of any impairment to the child.

14         h.  That the intended father and intended mother shall

15  have the right to specify the blood and tissue typing tests to

16  be performed if the agreement specifies that at least one of

17  them is intended to be the biological parent of the child.

18         i.  That the agreement may be terminated at any time by

19  any of the parties.

20         3.  A preplanned adoption agreement shall not contain

21  any provision:

22         a.  To reduce any amount paid to the volunteer mother

23  if the child is stillborn or is born alive but impaired, or to

24  provide for the payment of a supplement or bonus for any

25  reason.

26         b.  Requiring the termination of the volunteer mother's

27  pregnancy.

28         4.  An attorney who represents an intended father and

29  intended mother or any other attorney with whom that attorney

30  is associated shall not represent simultaneously a female who

31  is or proposes to be a volunteer mother in any matter relating

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1  to a preplanned adoption agreement or preplanned adoption

 2  arrangement.

 3         5.  Payment to agents, finders, and intermediaries,

 4  including attorneys and physicians, as a finder's fee for

 5  finding volunteer mothers or matching a volunteer mother and

 6  intended father and intended mother is prohibited.  Doctors,

 7  psychologists, attorneys, and other professionals may receive

 8  reasonable compensation for their professional services, such

 9  as providing medical services and procedures, legal advice in

10  structuring and negotiating a preplanned adoption agreement,

11  or counseling.

12         6.  As used in this paragraph, the term:

13         a.  "Blood and tissue typing tests" include, but are

14  not limited to, tests of red cell antigens, red cell

15  isoenzymes, human leukocyte antigens, and serum proteins.

16         b.  "Child" means the child or children conceived by

17  means of an insemination that is part of a preplanned adoption

18  arrangement.

19         c.  "Fertility technique" means artificial

20  embryonation, artificial insemination, whether in vivo or in

21  vitro, egg donation, or embryo adoption.

22         d.  "Intended father" means a male who, as evidenced by

23  a preplanned adoption agreement, intends to have the parental

24  rights and responsibilities for a child conceived through a

25  fertility technique, regardless of whether the child is

26  biologically related to the male.

27         e.  "Intended mother" means a female who, as evidenced

28  by a preplanned adoption agreement, intends to have the

29  parental rights and responsibilities for a child conceived

30  through a fertility technique, regardless of whether the child

31  is biologically related to the female.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         f.  "Parties" means the intended father and intended

 2  mother, the volunteer mother and her husband, if she has a

 3  husband, who are all parties to the preplanned adoption

 4  agreement.

 5         g.  "Preplanned adoption agreement" means a written

 6  agreement among the parties that specifies the intent of the

 7  parties as to their rights and responsibilities in the

 8  preplanned adoption arrangement, consistent with the

 9  provisions of this act.

10         h.  "Preplanned adoption arrangement" means the

11  arrangement through which the parties enter into an agreement

12  for the volunteer mother to bear the child, for payment by the

13  intended father and intended mother of the expenses allowed by

14  this act, for the intended father and intended mother to

15  assert full parental rights and responsibilities to the child

16  if consent to adoption is not rescinded after birth by the

17  volunteer mother, and for the volunteer mother to terminate,

18  subject to a right of rescission, in favor of the intended

19  father and intended mother all her parental rights and

20  responsibilities to the child.

21         i.  "Volunteer mother" means a female person at least

22  18 years of age who voluntarily agrees, subject to a right of

23  rescission, that if she should become pregnant pursuant to a

24  preplanned adoption arrangement, she will terminate in favor

25  of the intended father and intended mother her parental rights

26  and responsibilities to the child.

27         (2)(a)  It is unlawful for any person under this

28  chapter to:

29         1.  Knowingly provide false information;

30         2.  Knowingly withhold material information; or

31         3.  For a parent, with the intent to defraud, to accept

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    Bill No. CS for SB 1598

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 1  benefits related to the same pregnancy from more than one

 2  adoption entity without disclosing that fact to each entity.

 3         (b)  It is unlawful for any person who knows that the

 4  parent whose rights are to be terminated intends to object to

 5  said termination to intentionally file the petition for

 6  termination of parental rights in a county inconsistent with

 7  the required venue under such circumstances.

 8         (c)  Any person who willfully violates any provision of

 9  this subsection commits a misdemeanor of the second degree,

10  punishable as provided in s. 775.082 or s. 775.083. In

11  addition, such person is liable for damages caused by such

12  acts or omissions, including reasonable attorney's fees and

13  costs. Damages may be awarded through restitution in any

14  related criminal prosecution or by filing a separate civil

15  action.

16         (3)(2)  This section does not Nothing herein shall be

17  construed to prohibit an adoption entity a licensed

18  child-placing agency from charging fees permitted under this

19  chapter and reasonably commensurate to the services provided.

20         (4)(3)  It is unlawful for any adoption entity

21  intermediary to fail to report to the court, prior to

22  placement, the intended placement of a minor child for

23  purposes of adoption with any person not a stepparent or a

24  relative within the third degree, if the adoption entity

25  intermediary participates in such intended placement.

26         (5)(4)  It is unlawful for any adoption entity

27  intermediary to charge any fee except those fees permitted

28  under s. 63.097 and approved under s. 63.102 over $1,000 and

29  those costs as set out in paragraph (1)(d) over $2,500, other

30  than for actual documented medical costs, court costs, and

31  hospital costs unless such fee is approved by the court prior

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    Bill No. CS for SB 1598

    Amendment No.    





 1  to the assessment of the fee by the intermediary and upon a

 2  showing of justification for the larger fee.

 3         (6)(5)  It is unlawful for any adoption entity

 4  intermediary to counsel a birth mother to leave the state for

 5  the purpose of giving birth to a child outside the state in

 6  order to secure a fee in excess of that permitted under s.

 7  63.097 when it is the intention that the child be placed for

 8  adoption outside the state.

 9         (7)(6)  It is unlawful for any adoption entity

10  intermediary to obtain a preliminary home study or final home

11  investigation and fail to disclose the existence of the study

12  or investigation to the court.

13         (8)(7)  Unless otherwise indicated, a person who

14  violates any provision of this section, excluding paragraph

15  (1)(g)(h), commits is guilty of a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084.  A person who violates paragraph (1)(g)(h) commits is

18  guilty of a misdemeanor of the second degree, punishable as

19  provided in s. 775.083; and each day of continuing violation

20  shall be considered a separate offense.

21         Section 36.  Section 63.219, Florida Statutes, is

22  amended to read:

23         63.219  Sanctions.--Upon a finding by the court that an

24  adoption entity intermediary or agency has violated any

25  provision of this chapter, the court is authorized to prohibit

26  the adoption entity intermediary or agency from placing a

27  minor for adoption in the future.

28         Section 37.  Paragraph (c) of subsection (1) and

29  paragraph (c) of subsection (2) of section 63.301, Florida

30  Statutes, are amended to read:

31         63.301  Advisory council on adoption.--

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    Amendment No.    





 1         (1)  There is created within the Department of Children

 2  and Family Services an advisory council on adoption.  The

 3  council shall consist of 17 members to be appointed by the

 4  Secretary of Children and Family Services as follows:

 5         (c)  One member shall be a representative from a

 6  child-caring agency registered under s. 409.176 that physician

 7  licensed to practice in Florida who, as an intermediary,

 8  places or has placed children for adoption.

 9

10  All members shall be appointed to serve 2-year terms.

11         (2)  The functions of the council shall be to:

12         (c)  Review and evaluate law, procedures, policies, and

13  practice regarding the protection of children placed for

14  adoption, birth parents, and adoptive parents utilizing the

15  services of an adoption entity the Department of Children and

16  Family Services, licensed child-placing agencies, and

17  intermediaries, to determine areas needing legislative,

18  administrative, or other interventions.

19         Section 38.  Subsections (49) and (50) of section

20  39.01, Florida Statutes, 1998 Supplement, are amended to read:

21         39.01  Definitions.--When used in this chapter, unless

22  the context otherwise requires:

23         (49)  "Parent" means a woman who gives birth to a child

24  and a man whose consent to the adoption of the child would be

25  required under s. 63.062(1) s. 63.062(1)(b). If a child has

26  been legally adopted, the term "parent" means the adoptive

27  mother or father of the child. The term does not include an

28  individual whose parental relationship to the child has been

29  legally terminated, or an alleged or prospective parent,

30  unless the parental status falls within the terms of s.

31  39.503(1) s. 39.4051(1) or s. 63.062(1)(b).

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    Amendment No.    





 1         (50)  "Participant," for purposes of a shelter

 2  proceeding, dependency proceeding, or termination of parental

 3  rights proceeding, means any person who is not a party but who

 4  should receive notice of hearings involving the child,

 5  including foster parents or caregivers, identified prospective

 6  parents, or grandparents entitled to priority for adoption

 7  consideration under s. 63.0425, actual custodians of the

 8  child, and any other person whose participation may be in the

 9  best interest of the child. Participants may be granted leave

10  by the court to be heard without the necessity of filing a

11  motion to intervene.

12         Section 39.  Subsection (41) of section 984.03, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         984.03  Definitions.--When used in this chapter, the

15  term:

16         (41)  "Parent" means a woman who gives birth to a child

17  and a man whose consent to the adoption of the child would be

18  required under s. 63.062(1)(b). If a child has been legally

19  adopted, the term "parent" means the adoptive mother or father

20  of the child. The term does not include an individual whose

21  parental relationship to the child has been legally

22  terminated, or an alleged or prospective parent, unless the

23  parental status falls within the terms of either s. 39.503(1)

24  or s. 63.062(1)(b).

25         Section 40.  Subsection (42) of section 985.03, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         985.03  Definitions.--When used in this chapter, the

28  term:

29         (42)  "Parent" means a woman who gives birth to a child

30  and a man whose consent to the adoption of the child would be

31  required under s. 63.062(1)(b). If a child has been legally

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

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 1  adopted, the term "parent" means the adoptive mother or father

 2  of the child. The term does not include an individual whose

 3  parental relationship to the child has been legally

 4  terminated, or an alleged or prospective parent, unless the

 5  parental status falls within the terms of either s. 39.503(1)

 6  or s. 63.062(1)(b).

 7         Section 41.  Section 63.072, Florida Statutes, is

 8  repealed.

 9         Section 42.  Any petition for adoption filed before

10  October 1, 1999, shall be governed by the law in effect at the

11  time the petition was filed.

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 6, line 29, after the first semicolon

17

18  insert:

19         amending ss. 39.703, 39.802, 39.806, and

20         39.811, F.S., relating to the petition and

21         grounds for terminating parental rights and

22         powers of disposition; removing provisions

23         authorizing licensed child-placing agencies to

24         file actions to terminate parental rights;

25         amending s. 39.812, F.S.; providing additional

26         requirements for a petition for adoption;

27         prohibiting filing such petition until the

28         order terminating parental rights is final;

29         amending s. 63.022, F.S.; revising legislative

30         intent with respect to adoptions; amending s.

31         63.032, F.S.; revising definitions; defining

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                                                  SENATE AMENDMENT

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 1         "adoption entity," "legal custody," "parent,"

 2         and "relative"; creating s. 63.037, F.S.;

 3         exempting certain provisions from adoption

 4         proceedings initiated under ch. 39, F.S.;

 5         creating s. 63.039, F.S.; providing duties of

 6         an adoption entity to prospective adoptive

 7         parents; providing sanctions and an award of

 8         attorney's fees under certain circumstances;

 9         amending s. 63.0425, F.S.; conforming

10         provisions relating to grandparent's right to

11         adopt; 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 placed for adoption; amending s. 63.062,

15         F.S.; specifying additional persons who must

16         consent to an adoption, execute an affidavit of

17         nonpaternity, or receive notice of proceedings

18         to terminate parental rights; providing for

19         form and content of affidavit of nonpaternity;

20         providing for notice of the right to select a

21         witness; providing a form for waiver of venue;

22         amending s. 63.082, F.S.; revising requirements

23         and form for executing a consent to an

24         adoption; making such requirements applicable

25         to affidavit of nonpaternity; providing a

26         revocation period and requirements for

27         withdrawing consent; providing additional

28         disclosure requirements; revising requisite

29         history form to include social history;

30         amending s. 63.085, F.S.; specifying

31         information that must be disclosed to persons

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         seeking to adopt a minor and to the parents;

 2         creating s. 63.087, F.S.; requiring that a

 3         separate proceeding be conducted by the court

 4         to determine whether a parent's parental rights

 5         should be terminated; providing for rules,

 6         jurisdiction, and venue for such proceedings;

 7         providing requirements for the petition and

 8         hearing; creating s. 63.088, F.S.; providing

 9         diligent search and court inquiry requirements

10         for identifying and locating a person who is

11         required to consent to an adoption or receive

12         notice of proceedings to terminate parental

13         rights; providing notice requirements including

14         notice by constructive service; providing that

15         failure to respond or appear constitutes

16         grounds to terminate parental rights pending

17         adoption; creating s. 63.089, F.S.; providing

18         hearing procedures for proceedings to terminate

19         parental rights pending adoption; specifying

20         grounds upon which parental rights may be

21         terminated; providing for finding of

22         abandonment; providing for dismissal of

23         petition procedures; providing for

24         post-judgment relief; providing for

25         confidentiality of records; amending s. 63.092,

26         F.S.; providing requirements in an at-risk

27         placement before termination of parental

28         rights; amending s. 63.097, F.S.; revising fee

29         requirements to provide for allowable and

30         prohibited fees and costs; amending s. 63.102,

31         F.S.; revising requirements for filing a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

    Amendment No.    





 1         petition for adoption; providing requirements

 2         for prior approval of fees and costs; revising

 3         requirements for declaratory statement as to

 4         adoption contract; amending s. 63.112, F.S.;

 5         revising requirements for form and content of a

 6         petition for adoption; amending s. 63.122,

 7         F.S.; revising the time requirements for

 8         hearing a petition for adoption; amending s.

 9         63.125, F.S.; conforming provisions relating to

10         the final home investigation; amending s.

11         63.132, F.S.; revising requirements for

12         affidavit of expenses and receipts; requiring

13         separate court order approving fees, costs, and

14         expenses; amending s. 63.142, F.S.; specifying

15         circumstances under which a judgment

16         terminating parental rights pending adoption is

17         voidable; providing for an evidentiary hearing

18         to determine the minor's placement following a

19         motion to void such a judgment; amending s.

20         63.162, F.S.; conforming provisions relating to

21         confidential records of adoption proceedings;

22         amending s. 63.165, F.S.; requiring that a copy

23         of the certified statement of final decree of

24         adoption be included in the state registry of

25         adoption information; requiring that the

26         Department of Children and Family Services

27         maintain such information for a specified

28         period; amending s. 63.182, F.S.; providing a

29         1-year statute of repose for actions to set

30         aside or vacate a judgment of adoption or a

31         judgment terminating parental rights pending

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1598

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 1         adoption; providing a 2-year statute of repose

 2         for an action in fraud to set aside or vacate a

 3         judgment of adoption or a judgment terminating

 4         parenting rights; amending s. 63.202, F.S.;

 5         conforming provisions relating to agencies

 6         authorized to place minors for adoption;

 7         amending s. 63.207, F.S.; revising provisions

 8         that limit the placement of a minor in another

 9         state for adoption; amending s. 63.212, F.S.;

10         revising provisions relating to prohibitions

11         and penalties with respect to adoptions;

12         amending s. 63.219, F.S.; conforming provisions

13         relating to sanctions; amending s. 63.301,

14         F.S.; revising membership of an advisory

15         council on adoption to include a child-caring

16         agency registered under s. 409.176, F.S.;

17         amending ss. 39.01, 984.03, and 985.03, F.S.;

18         correcting cross-references; repealing s.

19         63.072, F.S., relating to persons who may waive

20         required consent to an adoption; requiring that

21         a petition for adoption be governed by the law

22         in effect at the time the petition is filed;

23         providing for severability;

24

25

26

27

28

29

30

31

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