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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Campbell moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 18,

15

16  insert:

17         Section 1.  Section 39.703, Florida Statutes, 1998

18  Supplement, is amended to read:

19         39.703  Initiation of termination of parental rights

20  proceedings; judicial review.--

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

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

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

24  their responsibilities as specified in the written case plan

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

26  shall state its intent to initiate proceedings to terminate

27  parental rights, unless the social service agency can

28  demonstrate to the court that such a recommendation would not

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

30  department or licensed child-placing agency to initiate

31  proceedings to terminate parental rights, the department or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  licensed child-placing agency shall file a petition for

 2  termination of parental rights no later than 3 months after

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

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

 5  licensed child-placing agency shall provide a written report

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

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

 8  anticipated date of completion of the process.

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

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

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

12  social service agency shall initiate termination of parental

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

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

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

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

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

18  plan, the court shall enter detailed findings justifying the

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

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

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

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

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

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

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

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

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

28  or her home. Failure to initiate termination of parental

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

30  or within 30 days after such review does not prohibit

31  initiating termination of parental rights proceedings at any

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  other time.

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

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

 4         39.802  Petition for termination of parental rights;

 5  filing; elements.--

 6         (1)  All proceedings seeking an adjudication to

 7  terminate parental rights pursuant to this chapter must be

 8  initiated by the filing of an original petition by the

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

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

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

12  true.

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

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

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

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

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

18         Section 3.  Subsection (1) of section 39.806, Florida

19  Statutes, 1998 Supplement, is amended to read:

20         39.806  Grounds for termination of parental rights.--

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

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

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

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

25  parental rights under any of the following circumstances:

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

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

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

29  licensed child-placing agency for subsequent adoption and the

30  department or licensed child-placing agency is willing to

31  accept custody of the child.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         1.  The surrender document must be executed before two

 2  witnesses and a notary public or other person authorized to

 3  take acknowledgments.

 4         2.  The surrender and consent may be withdrawn after

 5  acceptance by the department or licensed child-placing agency

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

 7  consent were obtained by fraud or duress.

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

 9  parents is unknown and cannot be ascertained by diligent

10  search within 90 days.

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

12  toward the child or toward other children that demonstrates

13  that the continuing involvement of the parent or parents in

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

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

16  child irrespective of the provision of services. Provision of

17  services may be evidenced by proof that services were provided

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

19  welfare agency.

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

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

30  been convicted of first degree or second degree murder in

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  or has been convicted of an offense in another jurisdiction

 3  which is substantially similar to one of the offenses listed

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

 5  "substantially similar offense" means any offense that is

 6  substantially similar in elements and penalties to one of

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

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

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

10  or territory thereof, or any foreign jurisdiction; and

11         3.  The court determines by clear and convincing

12  evidence that continuing the parental relationship with the

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

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

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

16         (e)  A petition for termination of parental rights may

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

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

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

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

21  substantially comply for a period of 12 months after an

22  adjudication of the child as a dependent child constitutes

23  evidence of continuing abuse, neglect, or abandonment unless

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

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

26  the failure of the department to make reasonable efforts to

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

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

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

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

31  goal of reunification with the parent.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  conduct or had the opportunity and capability to prevent and

 3  knowingly failed to prevent egregious conduct that threatens

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

 5  the child or the child's sibling.

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

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

 8  parent or parents regardless of whether the child is related

 9  legally or by consanguinity.

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

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

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

13  or outrageous by a normal standard of conduct. Egregious

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

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

16  endanger the life of the child.

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

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

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

20  chronic abuse.

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

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

23  felony assault that results in serious bodily injury to the

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

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

26  voluntary manslaughter or felony assault.

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

28  sibling have been terminated involuntarily.

29         Section 4.  Subsections (2) and (8) of section 39.811,

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

31         39.811  Powers of disposition; order of disposition.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  department and the court finds that the grounds for

 3  termination of parental rights have been established by clear

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

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

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

 7  child-placing agency for the purpose of adoption.

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

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

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

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

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

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

14  timely manner in accordance with the permanency plan and to

15  complete whatever steps are necessary to finalize the

16  permanent placement of the child. Thereafter, until the

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

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

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

20  made toward permanency for the child.

21         Section 5.  Section 39.812, Florida Statutes, 1998

22  Supplement, is amended to read:

23         39.812  Postdisposition relief; petition for

24  adoption.--

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

26  department which is given custody of a child for subsequent

27  adoption in accordance with this chapter, the department may

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

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

30  family home for prospective subsequent adoption., and the

31  licensed child-placing agency or The department may thereafter

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

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

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

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

 4  shall in all cases be sufficient.

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

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

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

 8  any time after the order terminating parental rights is

 9  entered of the whereabouts of the child or of the identity or

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

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

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

13  other proceeding involving the child brought by any parent of

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

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

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

17  the child before a court of competent jurisdiction if the

18  child is still subject to the guardianship of the licensed

19  child-placing agency or department.

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

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

22  licensed child-placing agency or department to guardianship of

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

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

25  the person of the child.

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

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

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

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

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

31  court has jurisdiction for the purpose of reviewing the status

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 1  of the child and the progress being made toward permanent

 2  adoptive placement. As part of this continuing jurisdiction,

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

 4  the court may review the appropriateness of the adoptive

 5  placement of the child.

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

 7  division of the circuit court which entered the judgment

 8  terminating parental rights, unless a motion for change of

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

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

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

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

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

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

15  if such information is available or readily obtainable. The

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

17  adoption until the judgment terminating parental rights

18  becomes final. An adoption proceeding under this subsection is

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

20         Section 6.  Section 63.022, Florida Statutes, 1998

21  Supplement, is amended to read:

22         63.022  Legislative intent.--

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

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

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

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

27  possible, to maintain sibling groups.

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

29  this chapter act are that:

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

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

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

 2  court.

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

 4  court considers the reports of these studies prior to judgment

 5  on adoption petitions.

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

 7  to the Department of Children and Family Services.

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

 9  the minor child has lived within the proposed adoptive home

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

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

12  agency.

13         (f)  All expenditures by adoption entities

14  intermediaries placing, and persons independently adopting, a

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

16  in the file of the adoption proceedings.

17         (g)  Social and medical information concerning the

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

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

20  hearing on a petition to terminate parental rights pending

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

22  intermediary.

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

24  the adoption judgment.

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

26  authorized to order temporary substitute care when it

27  determines that the minor is in an unsuitable home.

28         (j)  The records of all proceedings concerning custody

29  and adoption of a minor children are confidential and exempt

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

31  63.162.

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

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

 3  guidance, counseling, and supervision in all adoptions an

 4  intermediary adoption as they receive in an agency or

 5  department adoption.

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

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

 8  orders as it deems necessary and suitable to promote and

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

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

11  where termination of parental rights occurs, and siblings are

12  separated despite diligent efforts of the department,

13  continuing postadoption communication or contact among the

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

15  best interests of the children.

16         Section 7.  Section 63.032, Florida Statutes, is

17  amended to read:

18         63.032  Definitions.--As used in this chapter act,

19  unless the context otherwise requires, the term:

20         (1)(14)  "Abandoned" means a situation in which the

21  parent or person having legal custody legal custodian of a

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

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

24  which situation is sufficient to evince a willful rejection of

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

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

27  child legal custodian to support and communicate with the

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

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

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

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

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 1  mother during her pregnancy.

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

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

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

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

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

 7  child born to such adoptive parents in lawful wedlock.

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

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

10  intermediary.

11         (4)(5)  "Adult" means a person who is not a minor.

12         (5)(7)  "Agency" means any child-placing agency

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

14  minors for adoption.

15         (6)(2)  "Child" means a son or daughter, whether by

16  birth or adoption.

17         (7)(3)  "Court" means any circuit court of this state

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

19  empowered to grant petitions for adoption.

20         (8)(1)  "Department" means the Department of Children

21  and Family Services.

22         (9)(8)  "Intermediary" means an attorney or physician

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

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

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

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

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

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

29  39.01.

30         (11)(4)  "Minor" means a person under the age of 18

31  years.

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

 2  39.01.

 3         (13)(6)  "Person" includes a natural person,

 4  corporation, government or governmental subdivision or agency,

 5  business trust, estate, trust, partnership, or association,

 6  and any other legal entity.

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

 8  39.01.

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

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

11  parents receiving and adopting the child, and includes all

12  actions by any person or adoption entity agency participating

13  in the process.

14         (16)(13)  "Primarily lives and works outside Florida"

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

16  residence and place of employment in Florida."

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

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

19  6 months of the year and intends to do so for the foreseeable

20  future or military personnel who designate Florida as their

21  place of residence in accordance with the Soldiers' and

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

23  States Department of State living in a foreign country who

24  designate Florida as their place of residence.

25         (18)(11)  "Suitability of the intended placement"

26  includes the fitness of the intended placement, with primary

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

28  fitness and capabilities of the adoptive parent or parents to

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

30  familial relationship between the child and the prospective

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

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 1  which the child is intended to be placed.

 2         Section 8.  Section 63.037, Florida Statutes, is

 3  created to read:

 4         63.037  Proceedings applicable to cases resulting from

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

 6  which a minor becomes available for adoption after the

 7  parental rights of each parent have been terminated by a

 8  judgment entered pursuant to chapter 39 shall be governed by

 9  s. 39.812 and this chapter. Adoption proceedings initiated

10  under chapter 39 are exempt from the following provisions of

11  this chapter: disclosure requirements for the adoption entity

12  provided in s. 63.085; general provisions governing

13  termination of parental rights pending adoption provided in s.

14  63.087; notice and service provisions governing termination of

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

16  procedures for terminating parental rights pending adoption

17  provided in s. 63.089.

18         Section 9.  Section 63.039, Florida Statutes, is

19  created to read:

20         63.039  Duty of adoption entity to prospective adoptive

21  parents; sanctions.--

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

23  has an affirmative duty to follow the requirements of this

24  chapter; specifically, the following provisions, which protect

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

26  parents and prospective adoptive parents by promoting

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

28  adoption entity must:

29         (a)  Provide written initial disclosure to the

30  prospective adoptive parent at the time and in the manner

31  required under s. 63.085.

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 1         (b)  Provide written initial and postbirth disclosure

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

 3  63.085.

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

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

 6  under s. 63.082.

 7         (d)  When a written consent or affidavit of

 8  nonpaternity for adoption is obtained, obtain a consent to

 9  adoption or affidavit of nonpaternity that contains the

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

11         (e)  Include in the petition to terminate parental

12  rights pending adoption all information required under s.

13  63.087(6)(e) and (f).

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

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

16  orally in the presence of the court.

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

18  adoption is necessary under this chapter is known but the

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

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

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

22  terminate parental rights pending adoption at the time and in

23  the manner required by s. 63.088.

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

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

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

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

28  whose rights are to be terminated resides.

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

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

31  prospective adoptive parents for all sums paid by the

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 1  prospective adoptive parents or on their behalf in

 2  anticipation of or in connection with an adoption upon a

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

 4  the material failure.

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

 6  nonpaternity taken under this chapter was obtained by fraud or

 7  duress attributable to the adoption entity, the court must

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

 9  their behalf in anticipation of or in connection with the

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

11  and costs incurred by the prospective adoptive parents in

12  connection with the adoption and any litigation related to

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

14  subsection must be paid directly to the prospective adoptive

15  parents by the adoption entity or by any applicable insurance

16  carrier on behalf of the adoption entity.

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

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

19  consent to adoption, a judgment terminating parental rights

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

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

22  award under this subsection must be paid by the adoption

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

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

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

26  relief to the prevailing party.

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

28  order that imposes sanctions under this section against an

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

30  The court must provide to the Department of Children and

31  Family Services any order that imposes sanctions under this

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  30 days after the date that the order was issued.

 3         Section 10.  Subsection (1) of section 63.0425, Florida

 4  Statutes, is amended to read:

 5         63.0425  Grandparent's right to adopt.--

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

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

 8  agency or intermediary handling the adoption shall notify that

 9  grandparent of the impending adoption before the petition for

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

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

12  adoption to that grandparent.

13         Section 11.  Section 63.052, Florida Statutes, 1998

14  Supplement, is amended to read:

15         63.052  Guardians designated; proof of commitment.--

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

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

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

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

20  for those who have been placed for adoption with and

21  permanently committed to the department, the department shall

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

23         (2)  For minors who have been voluntarily surrendered

24  to an intermediary through an execution of consent to

25  adoption, the intermediary shall be responsible for the minor

26  child until the time a court orders preliminary approval of

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

28  at which time the prospective adoptive parents become

29  guardians pending finalization of adoption. Until a court has

30  terminated parental rights pending adoption and has ordered

31  preliminary approval of placement of the minor in the adoptive

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

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

 4  prospective adoptive home until that home has received a

 5  favorable preliminary home study by a licensed child-placing

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

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

 8  prospective home. Temporary placement in the prospective home

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

10  presumption that the parental rights of the parents will

11  subsequently be terminated.

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

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

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

15  responsibility and authority to provide for the needs and

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

17  with or voluntarily surrendered to the department, but not

18  permanently committed to the department, the department shall

19  have the responsibility and authority to provide for the needs

20  and welfare for such minors.  The adoption entity may

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

22  agency has the authority to authorize all appropriate medical

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

24  adoption with or voluntarily surrendered to the adoption

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

26  effect notwithstanding the guardianship provisions in this

27  section.

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

29  subsequent adoption and a suitable prospective adoptive home

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

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

                                  18
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

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

 4  intermediary shall be responsible for the child until such a

 5  suitable prospective adoptive home is available.

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

 7  adoption entity intermediary for subsequent adoption and the

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

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

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

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

12  best interest of the minor child.

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

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

15  permanently committed to the department shall be prima facie

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

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

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

19  agency that the minor child has been permanently committed and

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

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

22  license.

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

24  is not responsible for expenses incurred by other adoption

25  entities licensed child-placing agencies or intermediaries

26  participating in placement of a minor child for the purposes

27  of adoption.

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

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

30  minor is placed with an adoption entity or prospective

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

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  and the progress toward permanent adoptive placement. As part

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

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

 4  63.062, the adoption entity, the parents, persons having legal

 5  custody of the minor, persons with custodial or visitation

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

 7  the Uniform Child Custody Jurisdiction Act or the Indian Child

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

 9  review the appropriateness of the adoptive placement of the

10  minor.

11         Section 12.  Section 63.062, Florida Statutes, is

12  amended to read:

13         63.062  Persons required to consent to adoption;

14  affidavit of nonpaternity; waiver of venue.--

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

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

17  a petition to terminate parental rights pending adoption adopt

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

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

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

21         (a)  The mother of the minor.

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

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

24  was married to the mother;.

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

26         3.  The minor has been established by court proceeding

27  to be his child.

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

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

30  scientific tests that are generally acceptable within the

31  scientific community to show a probability of paternity.

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

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

 4         1.4.  He Has acknowledged in writing, signed in the

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

 6  minor and has filed such acknowledgment with the Office of

 7  Vital Statistics of the Department of Health;.

 8         2.5.  He Has provided, or has attempted to provide, the

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

10  repetitive, customary manner; or.

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

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

13  action to terminate parental rights pending adoption pursuant

14  to this chapter.

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

16  proceeding in which paternity, custody, or termination of

17  parental rights regarding the minor is at issue.

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

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

20  minor's consent.

21         (2)  Any person whose consent is required under

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

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

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

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

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

27  receive disclosure under s. 63.085 prior to signing the

28  affidavit.

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

30  affidavit of nonpaternity must be given reasonable notice of

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

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  employment, professional, or personal relationship with the

 2  adoption entity or the prospective adoptive parents to be

 3  present when the consent to adoption or affidavit of

 4  nonpaternity is executed and to sign the consent or affidavit

 5  as a witness.

 6         (4)  An affidavit of nonpaternity must be in

 7  substantially the following form:

 8

 9                    AFFIDAVIT OF NONPATERNITY

10

11              1.  I have personal knowledge of the facts

12         stated in this affidavit.

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

14         child. I shall not establish or claim paternity

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

16         date of birth is ....

17              3.  The child referenced in this affidavit

18         was not conceived or born while the birth

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

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

21         birth mother.

22              4.  With respect to the child referenced

23         in this affidavit, I have not provided the

24         birth mother with child support or prebirth

25         support; I have not provided her with prenatal

26         care or assisted her with medical expenses; I

27         have not provided the birth mother or her child

28         or unborn child with support of any kind, nor

29         do I intend to do so.

30              5.  I have no interest in assuming the

31         responsibilities of parenthood for this child.

                                  22
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         I will not acknowledge in writing that I am the

 2         father of this child nor institute court

 3         proceedings to establish the child as mine.

 4              6.  I do not object to any decision or

 5         arrangements .... makes regarding this child,

 6         including adoption.

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

 8         a person who does not have an employment,

 9         professional, or personal relationship with the

10         adoption entity or the prospective adoptive

11         parents to be present when this affidavit is

12         executed and to sign it as a witness.

13

14         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

15         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

16         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

17

18         (5)(2)  The court may require that consent be executed

19  by:

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

21  minor; or

22         (b)  The court having jurisdiction to determine custody

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

24  minor has no authority to consent to the adoption.

25         (6)(3)  The petitioner must make good faith and

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

27  obtain written consent from, the persons required to consent

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

29  petition. These efforts may include conducting interviews and

30  record searches to locate those persons, including verifying

31  information related to location of residence, employment,

                                  23
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  service in the Armed Forces, vehicle registration in this

 2  state, and corrections records.

 3         (7)(4)  If parental rights to the minor have previously

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

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

 6  department with which the minor child has been placed for

 7  subsequent adoption may provide consent to the adoption.  In

 8  such case, no other consent is required.

 9         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

15  provided in this chapter section.

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

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

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

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

20  must obtain, from any party executing an affidavit of

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

22  filed with the petition and must be in substantially the

23  following form:

24

25                         WAIVER OF VENUE

26

27

28         I understand that I have the right to require

29         that the Petition to terminate my parental

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

31         waive such right so that the Petition to

                                  24
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         Terminate Parental Rights may be filed by

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

 3         county, Florida.

 4

 5         I understand that, after signing this waiver, I

 6         may object to the county where the proceedings

 7         to terminate my parental rights will be held by

 8         appearing at the hearing or by filing a written

 9         objection, on the attached form, with the Clerk

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

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

12         of venue, the case will be transferred to a

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

14         no such residence, the case will be transferred

15         to a county where another parent resides or

16         where at least one parent resided at the time

17         of signing a consent or affidavit of

18         nonpaternity.

19

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

21  containing no consents, disclosures, or other information

22  unrelated to venue.

23         2.  Adoption entities must attach to the waiver of

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

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

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

27  termination of parental rights and information identifying the

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

29  the form upon receipt.

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

31  entity knows that a parent whose rights will be terminated

                                  25
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  intends to object to the termination but intentionally files

 2  the petition for termination of parental rights in a county

 3  which is not consistent with the required venue under such

 4  circumstances, the adoption entity shall be responsible for

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

 6  venue.

 7         Section 13.  Section 63.082, Florida Statutes, is

 8  amended to read:

 9         63.082  Execution of consent to adoption or affidavit

10  of nonpaternity; family social and medical history; withdrawal

11  of consent.--

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

13  nonpaternity shall be executed as follows:

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

15  statement in the presence of the court or by being

16  acknowledged before a notary public.

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

18  representative.

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

20  court or by affidavit.

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

22  certificate of the court.

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

24  the adopting parent is valid if the consent contains a

25  statement by the person consenting that the consent was

26  voluntarily executed and that identification of the adopting

27  parent is not required for granting the consent.

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

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

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

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

                                  26
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  the forms promulgated by the department completed by the birth

 2  parents must be attached to the petition to terminate parental

 3  rights pending adoption and must contain such biological and

 4  sociological information, or such information as to the family

 5  medical history, regarding the minor child and the birth

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

 7  must be incorporated into the final home investigation report

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

 9  require that the birth mother be interviewed by a

10  representative of the department, a licensed child-placing

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

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

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

14  statement that the parent is unlocated or unidentified, must

15  be filed with the petition to terminate parental rights

16  pending adoption and included in the final home investigation

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

18  the court for good cause.

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

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

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

22  must be attached to the petition to terminate parental rights

23  pending adoption and must be accompanied by a family medical

24  history that includes such information concerning the medical

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

26  readily obtainable.

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

28  history is unavailable because the person whose consent is

29  required cannot be located or identified, the petition to

30  terminate parental rights pending adoption must be accompanied

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

                                  27
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  nonpaternity shall not for voluntary surrender must be

 3  executed before after the birth of the minor.

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

 5  placed for adoption with identified prospective adoptive

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

 7  licensed hospital or birth center following birth, shall not

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

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

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

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

12  whichever is earlier. A consent executed under this paragraph

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

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

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

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

17  hospital or birth center following birth, the consent to

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

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

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

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

22  with the prospective adoptive parents, whichever is later.

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

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

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

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

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

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

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

30  business addresses and social security numbers, driver's

31  license numbers, or state identification card numbers must be

                                  28
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  license number, or state identification card number shall not

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

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

 5  the witnesses be an individual who does not have an

 6  employment, professional, or personal relationship with the

 7  adoption entity or the prospective adoptive parents. The

 8  adoption entity must give reasonable notice to the person

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

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

11  consent or affidavit must acknowledge in writing on the

12  consent or affidavit that such notice was given and indicate

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

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

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

16  or affidavit of nonpaternity.

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

18  16-point boldfaced type, an acknowledgment of the parent's

19  rights in substantially the following form:

20

21         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

22         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

23         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

24         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

25         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

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

27         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

28         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

29         OR WITNESSES YOU SELECTED, IF ANY.

30

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

                                  29
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

 2         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

 3

 4              1.  CONSULT WITH AN ATTORNEY;

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

 6              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

 7         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

 8         WILLING TO CARE FOR THE CHILD;

 9              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

10         LEGALLY PROHIBITED; AND

11              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

12         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

13         THROUGH WITH THE ADOPTION.

14

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

16         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

17         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

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

19         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

20         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

21         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

22         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

23         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

24         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

25         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

26         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

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

28         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

29         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

30         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

31         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

                                  30
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

 2         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

 3

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

 5         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

 6         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

 7         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

 8         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

 9         CHILD. WHILE THE CONSENT IS VALID AND BINDING

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

11         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

12         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

13         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

14         TO THE PLACEMENT OF THE CHILD WITH THE

15         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

16         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

17         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

18         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

19         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

20         LATER.

21

22         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

23         PERIOD, YOU MUST:

24              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

25         A LETTER, THAT YOU ARE WITHDRAWING YOUR

26         CONSENT.

27              2.  MAIL THE LETTER AT A UNITED STATES

28         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

29         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

30         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

31         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

                                  31
    6:37 PM   04/26/99                              s1910c1c-33r0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

 2         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

 3         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

 4              3.  SEND THE LETTER BY CERTIFIED UNITED

 5         STATES MAIL WITH RETURN RECEIPT REQUESTED.

 6              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

 7         THE LETTER.

 8              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

 9         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

10         MANNER.

11

12         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

13         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

14         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

15         IN WRITING BY CERTIFIED UNITED STATES MAIL,

16         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

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

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

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

20

21         ONCE THE REVOCATION PERIOD IS OVER, OR THE

22         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

23         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

24         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

25         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

26         FRAUD OR UNDER DURESS.

27

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

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

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

31  be met.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  termination of parental rights pending adoption must be

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

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

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

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

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

 8  provided as required in this subsection, the adoption entity

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

10  is undeliverable. The original consent and acknowledgment of

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

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

13  undeliverable must be filed with the petition for termination

14  of parental rights pending adoption.

15         (7)(5)(a)  A consent that is being withdrawn under

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

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

18  notifying the adoption entity in writing by certified United

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

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

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

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

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

24  which the United States Postal Service accepts certified mail

25  for delivery.

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

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

28  adoption entity must contact the prospective adoptive parent

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

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

31  emergency hearing by the adoption entity, the court determines

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  in written findings that placement of the minor with the

 2  person withdrawing consent may endanger the minor.

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

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

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

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

 7  is appropriate, whether an investigation by the department is

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

 9  available for the temporary placement.

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

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

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

13  court may order scientific paternity testing and reserve

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

15  testing have been filed with the court.

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

17  days after notification of the withdrawal of consent or after

18  the court determines that withdrawal is valid and binding upon

19  consideration of an emergency motion, as filed pursuant to

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

21  withdrawing consent.

22         (f)  Following the revocation period for withdrawal of

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

24  child with the prospective adoptive parents, whichever occurs

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

26  the consent was obtained by fraud or under duress.

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

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

29  under duress.

30         Section 14.  Section 63.085, Florida Statutes, is

31  amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         (Substantial rewording of section. See

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

 3         63.085  Disclosure by adoption entity.--

 4         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

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

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

 7  for adoption contacts an adoption entity in person or provides

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

 9  provide a written disclosure statement to that person if the

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

11  adoption entity is assisting in the effort to terminate the

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

13  with the adoption entity, the written disclosure must be

14  provided within 7 days after that parent is identified and

15  located. The written disclosure statement must be in

16  substantially the following form:

17

18                       ADOPTION DISCLOSURE

19

20         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

21         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

22         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

23         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

24         ADOPTION UNDER FLORIDA LAW:

25

26              1.  Under section 63.102, Florida

27         Statutes, the existence of a placement or

28         adoption contract signed by the parent or

29         prospective adoptive parent, prior approval of

30         that contract by the court, or payment of any

31         expenses permitted under Florida law does not

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         obligate anyone to sign a consent or ultimately

 2         place a minor for adoption.

 3              2.  Under sections 63.092 and 63.125,

 4         Florida Statutes, a favorable preliminary home

 5         study, before the minor may be placed in that

 6         home, and a final home investigation, before

 7         the adoption becomes final, must be completed.

 8              3.  Under section 63.082, Florida

 9         Statutes, a consent to adoption or affidavit of

10         nonpaternity may not be signed until after the

11         birth of the minor.

12              4.  Under section 63.082, Florida

13         Statutes, if the minor is to be placed for

14         adoption with identified prospective adoptive

15         parents upon release from a licensed hospital

16         or birth center following birth, the consent to

17         adoption may not be signed until 48 hours after

18         birth or until the day the birth mother has

19         been notified in writing, either on her patient

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

21         be released from the licensed hospital or birth

22         center, whichever is sooner. The consent to

23         adoption or affidavit of nonpaternity is valid

24         and binding upon execution unless the court

25         finds it was obtained by fraud or under duress.

26              5.  Under section 63.082, Florida

27         Statutes, if the minor is not placed for

28         adoption with the prospective adoptive parent

29         upon release from the hospital or birth center

30         following birth, a 3-day revocation period

31         applies during which consent may be withdrawn

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         for any reason by notifying the adoption entity

 2         in writing. In order to withdraw consent, the

 3         written withdrawal of consent must be mailed at

 4         a United States Post Office no later than 3

 5         business days after execution of the consent or

 6         1 business day after the date of the birth

 7         mother's discharge from a licensed hospital or

 8         birth center, whichever occurs later. For

 9         purposes of mailing the withdrawal of consent,

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

11         the United States Postal Service accepts

12         certified mail for delivery. The letter must be

13         sent by certified United States mail, return

14         receipt requested. Postal costs must be paid at

15         the time of mailing and the receipt should be

16         retained as proof that consent was withdrawn in

17         a timely manner.

18              6.  Under section 63.082, Florida

19         Statutes, and notwithstanding the revocation

20         period, the consent may be withdrawn at any

21         time prior to the placement of the child with

22         the prospective adoptive parent, by notifying

23         the adoption entity in writing by certified

24         United States mail, return receipt requested. 

25              7.  Under section 63.082, Florida

26         Statutes, if an adoption entity timely receives

27         written notice from a person of that person's

28         desire to withdraw consent, the adoption entity

29         must contact the prospective adoptive parent to

30         arrange a time certain to regain physical

31         custody of the child. Absent a court order for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         continued placement of the child entered under

 2         section 63.082, Florida Statutes, the adoption

 3         entity must return the minor within 3 days

 4         after notification of the withdrawal of consent

 5         to the physical custody of the person

 6         withdrawing consent. After the revocation

 7         period for withdrawal of consent ends, or after

 8         the placement of the child with prospective

 9         adoptive parent, whichever occurs later, the

10         consent may be withdrawn only if the court

11         finds that the consent was obtained by fraud or

12         under duress.

13              8.  Under section 63.082, Florida

14         Statutes, an affidavit of nonpaternity, once

15         executed, may be withdrawn only if the court

16         finds that it was obtained by fraud or under

17         duress.

18              9.  Under section 63.082, Florida

19         Statutes, a person who signs a consent to

20         adoption or an affidavit of nonpaternity must

21         be given reasonable notice of his or her right

22         to select a person who does not have an

23         employment, professional, or personal

24         relationship with the adoption entity or the

25         prospective adoptive parents to be present when

26         the consent or affidavit is executed and to

27         sign the consent or affidavit as a witness.

28              10.  Under section 63.088, Florida

29         Statutes, specific and extensive efforts are

30         required by law to attempt to obtain the

31         consents required under section 63.062, Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         Statutes. If these efforts are unsuccessful,

 2         the court may not enter a judgment terminating

 3         parental rights pending adoption until certain

 4         requirements have been met.

 5              11.  Under Florida law, an intermediary

 6         may represent the legal interests of only the

 7         prospective adoptive parents. Each person whose

 8         consent to an adoption is required under

 9         section 63.062, Florida Statutes, is entitled

10         to seek independent legal advice and

11         representation before signing any document or

12         surrendering parental rights.

13              12.  Under section 63.182, Florida

14         Statutes, an action or proceeding of any kind

15         to vacate, set aside, or otherwise nullify a

16         judgment of adoption or an underlying judgment

17         terminating parental rights pending adoption,

18         on any ground, including duress but excluding

19         fraud, must be filed within 1 year after entry

20         of the judgment terminating parental rights

21         pending adoption. Such an action or proceeding

22         for fraud must be filed within 2 years after

23         entry of the judgment terminating parental

24         rights.

25              13.  Under section 63.089, Florida

26         Statutes, a judgment terminating parental

27         rights pending adoption is voidable and any

28         later judgment of adoption of that minor is

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

30         court finds that any person knowingly gave

31         false information that prevented the parent

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

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 1         from timely making known his or her desire to

 2         assume parental responsibilities toward the

 3         minor or to exercise his or her parental

 4         rights. The motion must be filed with the court

 5         that originally entered the judgment. The

 6         motion must be filed within a reasonable time,

 7         but not later than 2 years after the date the

 8         judgment to which the motion is directed was

 9         entered.

10              14.  Under section 63.165, Florida

11         Statutes, the State of Florida maintains a

12         registry of adoption information. Information

13         about the registry is available from the

14         Department of Children and Family Services.

15              15.  Under section 63.032, Florida

16         Statutes, a court may find that a parent has

17         abandoned his or her child based on conduct

18         during the pregnancy or based on conduct after

19         the child is born. In addition, under section

20         63.089, Florida Statutes, the failure of a

21         parent to respond to notices of proceedings

22         involving his or her child shall result in

23         termination of parental rights of a parent. A

24         lawyer can explain what a parent must do to

25         protect his or her parental rights. Any parent

26         wishing to protect his or her parental rights

27         should act IMMEDIATELY.

28              16.  Each parent and prospective adoptive

29         parent is entitled to independent legal advice

30         and representation. Attorney information may be

31         obtained from the yellow pages, The Florida

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         Bar's lawyer referral service, and local legal

 2         aid offices and bar associations.

 3              17.  Counseling services may be helpful

 4         while making a parenting decision. Consult the

 5         yellow pages of the telephone directory.

 6              18.  Medical and social services support

 7         is available if the parent wishes to retain

 8         parental rights and responsibilities. Consult

 9         the Department of Children and Family Services.

10              19.  Under section 63.039, Florida

11         Statutes, an adoption entity has certain legal

12         responsibilities and may be liable for damages

13         to persons whose consent to an adoption is

14         required or to prospective adoptive parents for

15         failing to materially meet those

16         responsibilities. Damages may also be recovered

17         from an adoption entity if a consent to

18         adoption or affidavit of nonpaternity is

19         obtained by fraud or under duress attributable

20         to an adoption entity.

21              20.  Under section 63.097, Florida

22         Statutes, reasonable living expenses of the

23         birth mother may be paid by the prospective

24         adoptive parents and the adoption entity only

25         if the birth mother is unable to pay due to

26         unemployment, underemployment, or disability.

27         The law also allows payment of reasonable and

28         necessary medical expenses, expenses necessary

29         to comply with the requirements of chapter 63,

30         Florida Statutes, court filing expenses, and

31         costs associated with advertising. Certain

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         documented legal, counseling, and other

 2         professional fees may be paid. Prior approval

 3         of the court is not required until the

 4         cumulative total of amounts permitted exceeds

 5         $2,500 in legal or other fees, $500 in court

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

 7         cumulative expenses incurred prior to the date

 8         the prospective adoptive parent retains the

 9         adoption entity. The following fees, costs, and

10         expenses are prohibited:

11              a.  Any fee or expense that constitutes

12         payment for locating a minor for adoption.

13              b.  Any lump-sum payment to the entity

14         which is nonrefundable directly to the payor or

15         which is not itemized on the affidavit.

16              c.  Any fee on the affidavit which does

17         not specify the service that was provided and

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

19         fee for facilitation or acquisition.

20

21         The court may reduce amounts charged or refund

22         amounts that have been paid if it finds that

23         these amounts were more than what was

24         reasonable or allowed under the law.

25              21.  Under section 63.132, Florida

26         Statutes, the adoption entity and the

27         prospective adoptive parents must sign and file

28         with the court a written statement under oath

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

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

31         prospective adoptive parents and any adoption

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         entity in connection with the adoption. The

 2         affidavit must state whether any of the

 3         expenses were eligible to be paid for by any

 4         other source.

 5              22.  Under section 63.132, Florida

 6         Statutes, the court order approving the money

 7         spent on the adoption must be separate from the

 8         judgment making the adoption final. The court

 9         may approve only certain costs and expenses

10         allowed under s. 63.097. The court may approve

11         only fees that are allowed under law and that

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

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

14         adoption can be determined by reading sections

15         63.097 and 63.132, Florida Statutes.

16

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

18  must obtain a written statement acknowledging receipt of the

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

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

21  obtain such an acknowledgment, the adoption entity must

22  execute an affidavit stating why an acknowledgment could not

23  be obtained. If the disclosure was delivered by certified

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

25  signed by the person from whom acknowledgment is required is

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

27  of the acknowledgment of receipt of the disclosure must be

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

29  acknowledgment or affidavit executed by the adoption entity in

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

31  the adoption entity. The original acknowledgment or affidavit

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

 3  affidavit must be included in the preliminary home study

 4  required in s. 63.092.

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

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

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

 8  making certain disclosures to a parent and obtaining a written

 9  acknowledgment of receipt must be repeated.

10         Section 15.  Section 63.087, Florida Statutes, is

11  created to read:

12         63.087  Proceeding to terminate parental rights pending

13  adoption; general provisions.--

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

15  a court determine whether a minor is legally available for

16  adoption through a separate proceeding terminating parental

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

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

19  Procedure govern a proceeding to terminate parental rights

20  pending adoption unless otherwise provided by law.

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

22  competent to decide child welfare or custody matters has

23  jurisdiction to hear all matters arising from a proceeding to

24  terminate parental rights pending adoption. All subsequent

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

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

27  who conducted the termination proceedings, if that judge is

28  still available within the division of the court which

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

30  unavailable, by another judge within the division.

31         (4)  VENUE.--

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         (a)  A petition to terminate parental rights pending

 2  adoption must be filed:

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

 4  previous 6 months;

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

 6  not continuously resided in one county for the previous 6

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

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

 9  nonpaternity;

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

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

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

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

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

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

16  the time of execution of the consent or affidavit of

17  nonpaternity; or

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

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

20  resides.

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

22  the county where the adoption entity is located.

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

24  adoption entity is notified that a parent whose parental

25  rights are to be terminated intends to contest the

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

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

28  must be in the county where:

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

30  terminated resides; or

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  execution of a consent or affidavit of nonpaternity; or

 2         3.  The adoption entity is located if neither

 3  subparagrph 1. nor subparagraph 2. applies.

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

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

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

 7  shall immediately transfer venue to one of the counties listed

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

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

10  who intends to contest a termination of parental rights.

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

12  entity or the petitioner shall bear the cost of venue

13  transfer.

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

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

16  judge signed the judgment terminating parental rights pending

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

18  the minor has been the subject of a judgment terminating

19  parental rights under chapter 39.

20         (6)  PETITION.--

21         (a)  A proceeding seeking to terminate parental rights

22  pending adoption pursuant to this chapter must be initiated by

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

24  minor.

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

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

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

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

29  63.082 consents in writing to the entity filing the petition.

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  the Proposed Adoption of a Minor Child."

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

 3  consolidated with a previously filed petition for a

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

 5  fee may be assessed for both the termination of parental

 6  rights and declaratory-statement petitions. 

 7         (e)  The petition to terminate parental rights pending

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

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

10  petition. A written consent to adoption, affidavit of

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

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

13  63.062, must be executed and attached.

14         (f)  The petition must include:

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

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

17  minor is or has been known, excluding the minor's prospective

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

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

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

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

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

23  Child Custody Jurisdiction Act or the Indian Child Welfare

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

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

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

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

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

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

30  which that city is located.

31         3.  Unless a consent to adoption or affidavit of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

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 1  nonpaternity executed by each person whose consent is required

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

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

 4  that city is located, of:

 5         a.  The minor's mother;

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

 7  the minor's father; and

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

 9  39.01, of the minor.

10

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

12  so state.

13         4.  All information required by the Uniform Child

14  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

16  which the petition is based.

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

18  adoption entity seeking to place the minor for adoption.

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

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

21  filed.

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

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

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

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

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

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

28  petition constitutes grounds upon which the court may

29  terminate parental rights. Notwithstanding the filing of any

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

31  terminate parental rights pending adoption whose consent to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  adoption is required under s. 63.062 must:

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

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

 4  person may consult with an attorney;

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

 6  the petition; and

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

 8  of any consent or affidavit of nonpaternity signed by any

 9  person.

10         Section 16.  Section 63.088, Florida Statutes, is

11  created to read:

12         63.088  Proceeding to terminate parental rights pending

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

14         (1)  INITIATE LOCATION AND IDENTIFICATION

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

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

17  adoption entity must begin the inquiry and diligent search

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

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

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

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

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

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

24  the person seeking to place a minor for adoption.

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

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

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

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

29  not executed an affidavit of nonpaternity and whose location

30  and identity have been determined by compliance with the

31  procedures in this section, must be personally served,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  with a copy of the petition to terminate parental rights

 3  pending adoption and with notice in substantially the

 4  following form:

 5

 6                  NOTICE OF PETITION AND HEARING

 7          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

 8

 9         A petition to terminate parental rights pending

10         adoption has been filed. A copy of the petition

11         is being served with this notice. There will be

12         a hearing on the petition to terminate parental

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

14         ... (time) ... before ... (judge) ... at ...

15         (location, including complete name and street

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

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

18         hearing. If you executed a consent or an

19         affidavit of nonpaternity and a waiver of

20         venue, you have the right to request that the

21         termination of parental rights hearing be

22         transferred to the county in which you reside.

23

24         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

25         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

26         THE COURT OR TO APPEAR AT THIS HEARING

27         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

28         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

29         THE MINOR CHILD.

30

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

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

 4  hearing and likely to have the following information regarding

 5  the identity of:

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

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

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

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

10  the father of the minor;

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

12  time when conception of the minor may have occurred;

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

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

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

16  pregnancy;

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

18  the birth certificate of the minor or in connection with

19  applying for or receiving public assistance;

20         (f)  Any person who has acknowledged or claimed

21  paternity of the minor; and

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

23  the father.

24

25  The information required under this subsection may be provided

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

27  having personal knowledge of the facts, addressing each

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

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

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

31  required under this subsection may be conducted before the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  birth of the minor.

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

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

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

 5  not executed a consent to adoption or an affidavit of

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

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

 8  diligent search for that person which must include inquiries

 9  concerning:

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

11  address, through an inquiry of the United States Postal

12  Service through the Freedom of Information Act;

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

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

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

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

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

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

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

20  funds have been mailed;

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

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

23  the area where the person last resided;

24         (d)  Regulatory agencies, including those regulating

25  licensing in the area where the person last resided;

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

27  such can be reasonably obtained from the petitioner or other

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  sisters, aunts, uncles, cousins, nieces, nephews,

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

 3  stepparents, and stepchildren;

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

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

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

 7  last resided;

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

 9  where the person last resided;

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

11  person last resided;

12         (j)  Department of Corrections records in the state

13  where the person last resided;

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

15  resided;

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

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

18  where the person last resided;

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

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

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

22  the area where the person last resided;

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

24  and

25         (p)  Information held by all medical providers who

26  rendered medical treatment or care to the birth mother and

27  child, including the identity and location information of all

28  persons listed by the mother as being financially responsible

29  for the uninsured expenses of treatment or care and all

30  persons who made any such payments.

31

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  requesting information pursuant to this subsection must

 3  release the requested information to the petitioner or

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

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

 6  diligent search executed by the petitioner and the adoption

 7  entity must be filed with the court confirming completion of

 8  each aspect of the diligent search enumerated in this

 9  subsection and specifying the results. The diligent search

10  required under this subsection may be conducted before the

11  birth of the minor.

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

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

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

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

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

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

18  to locate the person. The unlocated or unidentified person

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

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

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

22  notice, in addition to all information required in the

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

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

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

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

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

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

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

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

31  subsection are unknown and cannot be reasonably ascertained,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  the notice must so state.

 2         Section 17.  Section 63.089, Florida Statutes, is

 3  created to read:

 4         63.089  Proceeding to terminate parental rights pending

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

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

 7  pending adoption only after a full evidentiary hearing.

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

 9  hearing only when:

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

11  required under s. 63.062:

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

13  filed with the court;

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

15  been executed and filed with the court; or

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

17  63.088;

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

19  under ss. 63.087 and 63.088:

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

21  personal service and an affidavit of service has been filed

22  with the court;

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

24  of publication of constructive service and an affidavit of

25  service has been filed with the court; or

26         3.  An affidavit of nonpaternity which affirmatively

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

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

29         (d)  The petition contains all information required

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  obtained and filed with the court.

 2         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

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

 4  rights pending adoption if the court determines by clear and

 5  convincing evidence, supported by written findings of fact,

 6  that each person whose consent to adoption is required under

 7  s. 63.062:

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

 9  withdrawn under s. 63.082 and the consent was obtained

10  according to the requirements of this chapter;

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

12  affidavit was obtained according to the requirements of this

13  chapter;

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

15  in accordance with the requirements of this chapter and has

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

17  hearing resulting in the judgment terminating parental rights

18  pending adoption;

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

20  in accordance with the requirements of this chapter and has

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

22  minor as defined in s. 63.032;

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

24  parent has been judicially declared incapacitated with

25  restoration of competency found to be medically improbable;

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

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

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

29  after examination of his or her written reasons for

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

31  his or her consent unreasonably;

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

 3  the court finds, after examining written reasons for the

 4  withholding of consent, to be unreasonably withholding his or

 5  her consent; or

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

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

 8  the adoption is excused by reason of prolonged and unexplained

 9  absence, unavailability, incapacity, or circumstances that are

10  found by the court to constitute unreasonable withholding of

11  consent.

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

13  resulting in a termination of parental rights must be based

14  upon clear and convincing evidence. A finding of abandonment

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

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

17  abuse to a birth mother during her pregnancy.

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

19  hearing for termination of parental rights pursuant to this

20  chapter, the court must consider:

21         1.  Whether the actions alleged to constitute

22  abandonment demonstrate a willful disregard for the safety or

23  welfare of the child or unborn child;

24         2.  Whether other persons prevented the person alleged

25  to have abandoned the child from making the efforts referenced

26  in this subsection;

27         3.  Whether the person alleged to have abandoned the

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

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

30  child;

31         4.  Whether the person alleged to have abandoned the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  when such payment was requested by the person having legal

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

 4  insurance or other available sources;

 5         5.  Whether the amount of support provided or medical

 6  expenses paid was appropriate, taking into consideration the

 7  needs of the child and relative means and resources available

 8  to the person alleged to have abandoned the child and

 9  available to the person having legal custody of the child

10  during the period the child allegedly was abandoned; and

11         6.  Whether the person having legal custody of the

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

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

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

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

16  events such as medical appointments and tests relating to the

17  child or, if unborn, the pregnancy.

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

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

20  or federal correctional institution and:

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

22  to be incarcerated will constitute a substantial portion of

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

24  years;

25         2.  The incarcerated parent has been determined by the

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

27  775.084, a habitual violent felony offender as defined in s.

28  775.084, convicted of child abuse as defined in s. 827.03, or

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

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

31  782.04 or a sexual battery that constitutes a capital, life,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

 2  convicted of an offense in another jurisdiction which is

 3  substantially similar to one of the offenses listed in this

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

 5  similar offense" means any offense that is substantially

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

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

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

 9  Columbia, the United States or any possession or territory

10  thereof, or any foreign jurisdiction; and

11         3.  The court determines by clear and convincing

12  evidence that continuing the parental relationship with the

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

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

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

16         (c)  The only conduct of a father toward a mother

17  during pregnancy that the court may consider in determining

18  whether the child has been abandoned is conduct that occurred

19  after the father was informed he may be the father of the

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

21  63.088 have been made to inform the father that he is, or may

22  be, the father of the child.

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

24  court does not find by clear and convincing evidence that

25  parental rights of a parent should be terminated pending

26  adoption, the court must dismiss the petition with prejudice

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

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

29  must include written findings in support of the dismissal,

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

 3  affidavit of nonpaternity that the court finds was obtained by

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

 5  upon written findings providing for the placement of the

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

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

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

 9  regarding the minor must be brought in a separate custody

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

11  or a paternity action under chapter 742.

12         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

13  ADOPTION.--

14         (a)  The judgment terminating parental rights pending

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

16  the grounds for terminating parental rights pending adoption.

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

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

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

20  63.062, and the respondent. The clerk shall execute a

21  certificate of each mailing.

22         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

23  RIGHTS.--

24         (a)  A judgment terminating parental rights pending

25  adoption is voidable and any later judgment of adoption of

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

27  court finds that a person knowingly gave false information

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

29  desire to assume parental responsibilities toward the minor or

30  meeting the requirements under this chapter to exercise his or

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  filed with the court originally entering the judgment. The

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

 3  than 2 years after the entry of the judgment terminating

 4  parental rights.

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

 6  under this subsection, the court must conduct a preliminary

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

 8  between a parent and the child pending resolution of the

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

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

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

12  must be issued in writing as expeditiously as possible and

13  must state with specificity any provisions regarding contact

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

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

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

17  scientific testing to determine the paternity of the minor if

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

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

20  determined by legitimacy or scientific testing. The court may

21  order supervised visitation with a person for whom scientific

22  testing for paternity has been ordered. Such visitation shall

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

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

25  the minor.

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

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

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

29  expeditiously as possible thereafter.

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

31  records pertaining to a petition to terminate parental rights

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  pending adoption are related to the subsequent adoption of the

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

 3  confidentiality provisions of this chapter do not apply to the

 4  extent information regarding persons or proceedings must be

 5  made available as specified under s. 63.088.

 6         Section 18.  Section 63.092, Florida Statutes, 1998

 7  Supplement, is amended to read:

 8         63.092  Report to the court of intended placement by an

 9  adoption entity; at-risk placement intermediary; preliminary

10  study.--

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

12  intermediary must report any intended placement of a minor for

13  adoption with any person not related within the third degree

14  or a stepparent if the adoption entity intermediary has

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

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

17  the home.

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

19  prospective adoptive home before the parental rights of the

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

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

22  placement, the prospective adoptive parents must acknowledge

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

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

25  is subject to removal from the prospective adoptive home by

26  the adoption entity or by court order.

27         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

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

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





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

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

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

 4  the minor child be placed in the prospective adoptive home

 5  prior to the completion of the preliminary study unless

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

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

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

 9  The department is required to perform the preliminary home

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

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

12  the county where the prospective adoptive parents reside.  The

13  preliminary home study must be made to determine the

14  suitability of the intended adoptive parents and may be

15  completed prior to identification of a prospective adoptive

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

17  1 year after the date of its completion.  A minor may child

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

19  favorable preliminary home study is completed unless the

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

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

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

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

24  registry and criminal records correspondence checks pursuant

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

26  intended adoptive parents;

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

28  home;

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

30  intended adoptive parents;

31         (e)  Documentation of counseling and education of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  intended adoptive parents on adoptive parenting;

 2         (f)  Documentation that information on adoption and the

 3  adoption process has been provided to the intended adoptive

 4  parents;

 5         (g)  Documentation that information on support services

 6  available in the community has been provided to the intended

 7  adoptive parents; and

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

 9  required by s. 63.085; and

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

11  s. 63.085(1).

12

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

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

15  A minor may not be placed in the home if the preliminary home

16  study is unfavorable.  If the preliminary home study is

17  unfavorable, the adoption entity intermediary or petitioner

18  may, within 20 days after receipt of a copy of the written

19  recommendation, petition the court to determine the

20  suitability of the intended adoptive home.  A determination as

21  to suitability under this subsection does not act as a

22  presumption of suitability at the final hearing.  In

23  determining the suitability of the intended adoptive home, the

24  court must consider the totality of the circumstances in the

25  home.

26         Section 19.  Section 63.097, Florida Statutes, is

27  amended to read:

28         63.097  Fees.--

29         (1)  When the adoption entity is an agency, fees may be

30  assessed if they are approved by the department within the

31  process of licensing the agency and if they are for:

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                                                  SENATE AMENDMENT

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 1         (a)  Foster care expenses;

 2         (b)  Preplacement and post-placement social services;

 3  and

 4         (c)  Agency facility and administrative costs.

 5         (2)  The following fees, costs, and expenses may be

 6  assessed by the adoption entity or paid by the adoption entity

 7  on behalf of the prospective adoptive parents:

 8         (a)  Reasonable living expenses of the birth mother

 9  which the birth mother is unable to pay due to unemployment,

10  underemployment, or disability due to the pregnancy which is

11  certified by a medical professional who has examined the birth

12  mother, or any other disability defined in s. 110.215.

13  Reasonable living expenses are rent, utilities, basic

14  telephone service, food, necessary clothing, transportation,

15  and expenses found by the court to be necessary for the health

16  of the unborn child.

17         (b)  Reasonable and necessary medical expenses.

18         (c)  Expenses necessary to comply with the requirements

19  of this chapter, including, but not limited to, service of

20  process under s. 63.088, a diligent search under s. 63.088, a

21  preliminary home study under s. 63.092, and a final home

22  investigation under s. 63.125.

23         (d)  Court filing expenses, court costs, and other

24  litigation expenses.

25         (e)  Costs associated with advertising under s.

26  63.212(1)(g).

27         (f)  The following professional fees:

28         1.  A reasonable hourly fee necessary to provide legal

29  representation to the adoptive parents or adoption entity in a

30  proceeding filed under this chapter.

31         2.  A reasonable hourly fee for contact with the parent

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 1  related to the adoption. In determining a reasonable hourly

 2  fee under this subparagraph, the court must consider if the

 3  tasks done were clerical or of such a nature that the matter

 4  could have been handled by support staff at a lesser rate than

 5  the rate for legal representation charged under subparagraph

 6  1. Such tasks specifically do not include obtaining a parent's

 7  signature on any document; such tasks include, but need not be

 8  limited to, transportation, transmitting funds, arranging

 9  appointments, and securing accommodations.

10         3.  A reasonable hourly fee for counseling services

11  provided to a parent or a prospective adoptive parent by a

12  psychologist licensed under chapter 490 or a clinical social

13  worker, marriage and family therapist, or mental health

14  counselor licensed under chapter 491, or a counselor who is

15  employed by an adoption entity accredited by the Council on

16  Accreditation of Services for Children and Families to provide

17  pregnancy counseling and supportive services.

18         (3)  Prior approval of the court is not required until

19  the cumulative total of amounts permitted under subsection (2)

20  exceeds:

21         (a)  $2,500 in legal or other fees;

22         (b)  $500 in court costs;

23         (c)  $3,000 in expenses; or

24         (d)  $1,500 cumulative expenses that are related to the

25  minor, the pregnancy, a parent, or adoption proceeding, which

26  expenses are incurred prior to the date the prospective

27  adoptive parent retains the adoption entity.

28         (4)  Any fees, costs, or expenses not included in

29  subsection (2) or prohibited under subsection (5) require

30  court approval prior to payment and must be based on a finding

31  of extraordinary circumstances.

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 1         (5)  The following fees, costs, and expenses are

 2  prohibited:

 3         (a)  Any fee or expense that constitutes payment for

 4  locating a minor for adoption.

 5         (b)  Any lump-sum payment to the entity which is

 6  nonrefundable directly to the payor or which is not itemized

 7  on the affidavit filed under s. 63.132.

 8         (c)  Any fee on the affidavit which does not specify

 9  the service that was provided and for which the fee is being

10  charged, such as a fee for facilitation, acquisition, or other

11  similar service, or which does not identify the date the

12  service was provided, the time required to provide the

13  service, the person or entity providing the service, and the

14  hourly fee charged.

15         (1)  APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over

16  $1,000 and those costs as set out in s. 63.212(1)(d) over

17  $2,500, paid to an intermediary other than actual, documented

18  medical costs, court costs, and hospital costs must be

19  approved by the court prior to assessment of the fee by the

20  intermediary and upon a showing of justification for the

21  larger fee.

22         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

23  otherwise indicated in this section, when an adoption entity

24  intermediary uses the services of a licensed child-placing

25  agency, a professional, any other person or agency pursuant to

26  s. 63.092, or, if necessary, the department, the person

27  seeking to adopt the child must pay the licensed child-placing

28  agency, professional, other person or agency, or the

29  department an amount equal to the cost of all services

30  performed, including, but not limited to, the cost of

31  conducting the preliminary home study, counseling, and the

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                                                  SENATE AMENDMENT

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 1  final home investigation.  The court, upon a finding that the

 2  person seeking to adopt the child is financially unable to pay

 3  that amount, may order that such person pay a lesser amount.

 4         Section 20.  Section 63.102, Florida Statutes, is

 5  amended to read:

 6         63.102  Filing of petition for adoption or declaratory

 7  statement; venue; proceeding for approval of fees and costs.--

 8         (1)  A petition for adoption may not be filed until 30

 9  days after the date of the entry of the judgment terminating

10  parental rights pending adoption under this chapter, unless

11  the adoptee is an adult or the minor has been the subject of a

12  judgment terminating parental rights under chapter 39. After a

13  judgment terminating parental rights has been entered, a

14  proceeding for adoption may shall be commenced by filing a

15  petition entitled, "In the Matter of the Adoption of ...." in

16  the circuit court.  The person to be adopted shall be

17  designated in the caption in the name by which he or she is to

18  be known if the petition is granted.  If the child is placed

19  for adoption by an agency, Any name by which the minor child

20  was previously known may shall not be disclosed in the

21  petition, the notice of hearing, or the judgment of adoption.

22         (2)  A petition for adoption or for a declaratory

23  statement as to the adoption contract shall be filed in the

24  county where the petition for termination of parental rights

25  was granted, unless the court in accordance with s. 47.122,

26  changes the venue to the county where the petitioner or

27  petitioners or the minor child resides or where the agency or

28  adoption entity with in which the minor child has been placed

29  is located. The circuit court in this state must retain

30  jurisdiction over the matter until a final judgment is entered

31  on the adoption. The Uniform Child Custody Jurisdiction Act

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                                                  SENATE AMENDMENT

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 1  does not apply until a final judgment is entered on the

 2  adoption.

 3         (3)  Except for adoptions involving placement of a

 4  minor child with a relative within the third degree of

 5  consanguinity, a petition for adoption in an adoption handled

 6  by an adoption entity intermediary shall be filed within 60 30

 7  working days after entry of the judgment terminating parental

 8  rights placement of a child with a parent seeking to adopt the

 9  child.  If no petition is filed within 60 30 days, any

10  interested party, including the state, may file an action

11  challenging the prospective adoptive parent's physical custody

12  of the minor child.

13         (4)  If the filing of the petition for adoption or for

14  a declaratory statement as to the adoption contract in the

15  county where the petitioner or minor child resides would tend

16  to endanger the privacy of the petitioner or minor child, the

17  petition for adoption may be filed in a different county,

18  provided the substantive rights of any person will not thereby

19  be affected.

20         (5)  A proceeding for prior approval of fees and costs

21  may be commenced any time after an agreement is reached

22  between the birth mother and the adoptive parents by filing a

23  petition for declaratory statement on the agreement entitled

24  "In the Matter of the Proposed Adoption of a Minor Child" in

25  the circuit court.

26         (a)  The petition must be filed jointly by the adoption

27  entity and each person who enters into the agreement.

28         (b)  A contract for the payment of fees, costs, and

29  expenses permitted under this chapter must be in writing, and

30  any person who enters into the contract has 3 business days in

31  which to cancel the contract. To cancel the contract, the

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                                                  SENATE AMENDMENT

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 1  person must notify the adoption entity in writing by certified

 2  United States mail, return receipt requested, no later than 3

 3  business days after signing the contract. For the purposes of

 4  this subsection, the term "business day" means a day on which

 5  the United States Postal Service accepts certified mail for

 6  delivery. If the contract is canceled within the first 3

 7  business days, the person who cancels the contract does not

 8  owe any legal, intermediary, or other fees, but may be

 9  responsible for the adoption entity's actual costs during that

10  time.

11         (c)  The court may grant prior approval only of fees

12  and expenses permitted under s. 63.097. A prior approval of

13  prospective fees and costs does not create a presumption that

14  these items will subsequently be approved by the court under

15  s. 63.132. The court, under s. 63.132, may order an adoption

16  entity to refund any amount paid under this subsection that is

17  subsequently found by the court to be greater than fees,

18  costs, and expenses actually incurred.

19         (d)  The contract may not require, and the court may

20  not approve, any lump-sum payment to the entity which is

21  nonrefundable to the payor or any amount that constitutes

22  payment for locating a minor for adoption.

23         (e)  A petition for adoption filed under this section

24  may be consolidated with a previously filed petition for a

25  declaratory statement. Only one filing fee may be assessed for

26  both the adoption and declaratory-statement petitions.

27         (f)  Prior approval of fees and costs by the court does

28  not obligate the parent to ultimately relinquish the minor for

29  adoption. If a petition for adoption is subsequently filed,

30  the petition for declaratory statement and the petition for

31  adoption must be consolidated into one case.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         Section 21.  Section 63.112, Florida Statutes, is

 2  amended to read:

 3         63.112  Petition for adoption; description; report or

 4  recommendation, exceptions; mailing.--

 5         (1)  A sufficient number of copies of the petition for

 6  adoption shall be signed and verified by the petitioner and

 7  filed with the clerk of the court so that service may be made

 8  under subsection (4) and shall state:

 9         (a)  The date and place of birth of the person to be

10  adopted, if known;

11         (b)  The name to be given to the person to be adopted;

12         (c)  The date petitioner acquired custody of the minor

13  and the name of the person placing the minor;

14         (d)  The full name, age, and place and duration of

15  residence of the petitioner;

16         (e)  The marital status of the petitioner, including

17  the date and place of marriage, if married, and divorces, if

18  any;

19         (f)  The facilities and resources of the petitioner,

20  including those under a subsidy agreement, available to

21  provide for the care of the minor to be adopted;

22         (g)  A description and estimate of the value of any

23  property of the person to be adopted;

24         (h)  The case style and date of entry of the judgment

25  terminating parental rights or the judgment declaring a minor

26  available for adoption name and address, if known, of any

27  person whose consent to the adoption is required, but who has

28  not consented, and facts or circumstances that excuse the lack

29  of consent; and

30         (i)  The reasons why the petitioner desires to adopt

31  the person.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

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 1         (2)  The following documents are required to be filed

 2  with the clerk of the court at the time the petition is filed:

 3         (a)  A certified copy of the court judgment terminating

 4  parental rights under chapter 39 or the judgment declaring a

 5  minor available for adoption under this chapter. The required

 6  consents, unless consent is excused by the court.

 7         (b)  The favorable preliminary home study of the

 8  department, licensed child-placing agency, or professional

 9  pursuant to s. 63.092, as to the suitability of the home in

10  which the minor has been placed.

11         (c)  The surrender document must include documentation

12  that an interview was interviews were held with:

13         1.  The birth mother, if parental rights have not been

14  terminated;

15         2.  The birth father, if his consent to the adoption is

16  required and parental rights have not been terminated; and

17         3.  the minor child, if older than 12 years of age,

18  unless the court, in the best interest of the minor child,

19  dispenses with the minor's child's consent under s.

20  63.062(1)(f) 63.062(1)(c).

21

22  The court may waive the requirement for an interview with the

23  birth mother or birth father in the investigation for good

24  cause shown.

25         (3)  Unless ordered by the court, no report or

26  recommendation is required when the placement is a stepparent

27  adoption or when the minor child is related to one of the

28  adoptive parents within the third degree.

29         (4)  The clerk of the court shall mail a copy of the

30  petition within 24 hours after filing, and execute a

31  certificate of mailing, to the adoption entity department and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  the agency placing the minor, if any.

 2         Section 22.  Section 63.122, Florida Statutes, is

 3  amended to read:

 4         63.122  Notice of hearing on petition.--

 5         (1)  After the petition to adopt a minor is filed, the

 6  court must establish a time and place for hearing the

 7  petition. The hearing may must not be held sooner than 30 days

 8  after the date the judgment terminating parental rights was

 9  entered or sooner than 90 days after the date the minor was

10  placed the placing of the minor in the physical custody of the

11  petitioner.  The minor must remain under the supervision of

12  the adoption entity department, an intermediary, or a licensed

13  child-placing agency until the adoption becomes final.  When

14  the petitioner is a spouse of the birth parent, the hearing

15  may be held immediately after the filing of the petition.

16         (2)  Notice of hearing must be given as prescribed by

17  the rules of civil procedure, and service of process must be

18  made as specified by law for civil actions.

19         (3)  Upon a showing by the petitioner that the privacy

20  of the petitioner or minor child may be endangered, the court

21  may order the names of the petitioner or minor child, or both,

22  to be deleted from the notice of hearing and from the copy of

23  the petition attached thereto, provided the substantive rights

24  of any person will not thereby be affected.

25         (4)  Notice of the hearing must be given by the

26  petitioner to the adoption entity that places the minor.:

27         (a)  The department or any licensed child-placing

28  agency placing the minor.

29         (b)  The intermediary.

30         (c)  Any person whose consent to the adoption is

31  required by this act who has not consented, unless such

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  person's consent is excused by the court.

 2         (d)  Any person who is seeking to withdraw consent.

 3         (5)  After filing the petition to adopt an adult, a

 4  notice of the time and place of the hearing must be given to

 5  any person whose consent to the adoption is required but who

 6  has not consented.  The court may order an appropriate

 7  investigation to assist in determining whether the adoption is

 8  in the best interest of the persons involved.

 9         Section 23.  Section 63.125, Florida Statutes, is

10  amended to read:

11         63.125  Final home investigation.--

12         (1)  The final home investigation must be conducted

13  before the adoption becomes final.  The investigation may be

14  conducted by a licensed child-placing agency or a professional

15  in the same manner as provided in s. 63.092 to ascertain

16  whether the adoptive home is a suitable home for the minor and

17  whether the proposed adoption is in the best interest of the

18  minor.  Unless directed by the court, an investigation and

19  recommendation are not required if the petitioner is a

20  stepparent or if the minor child is related to one of the

21  adoptive parents within the third degree of consanguinity.

22  The department is required to perform the home investigation

23  only if there is no licensed child-placing agency or

24  professional pursuant to s. 63.092 in the county in which the

25  prospective adoptive parent resides.

26         (2)  The department, the licensed child-placing agency,

27  or the professional that performs the investigation must file

28  a written report of the investigation with the court and the

29  petitioner within 90 days after the date the petition is

30  filed.

31         (3)  The report of the investigation must contain an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  evaluation of the placement with a recommendation on the

 2  granting of the petition for adoption and any other

 3  information the court requires regarding the petitioner or the

 4  minor.

 5         (4)  The department, the licensed child-placing agency,

 6  or the professional making the required investigation may

 7  request other state agencies or child-placing agencies within

 8  or outside this state to make investigations of designated

 9  parts of the inquiry and to make a written report to the

10  department, the professional, or other person or agency.

11         (5)  The final home investigation must include:

12         (a)  The information from the preliminary home study.

13         (b)  After the minor child is placed in the intended

14  adoptive home, two scheduled visits with the minor child and

15  the minor's child's adoptive parent or parents, one of which

16  visits must be in the home, to determine the suitability of

17  the placement.

18         (c)  The family social and medical history as provided

19  in s. 63.082.

20         (d)  Any other information relevant to the suitability

21  of the intended adoptive home.

22         (e)  Any other relevant information, as provided in

23  rules that the department may adopt.

24         Section 24.  Section 63.132, Florida Statutes, is

25  amended to read:

26         63.132  Affidavit Report of expenses expenditures and

27  receipts.--

28         (1)  At least 10 days before the hearing on the

29  petition for adoption, the prospective adoptive parent

30  petitioner and any adoption entity intermediary must file two

31  copies of an affidavit under this section.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         (a)  The affidavit must be signed by the adoption

 2  entity and the prospective adoptive parents. A copy of the

 3  affidavit must be provided to the adoptive parents at the time

 4  the affidavit is executed.

 5         (b)  The affidavit must itemize containing a full

 6  accounting of all disbursements and receipts of anything of

 7  value, including professional and legal fees, made or agreed

 8  to be made by or on behalf of the prospective adoptive parent

 9  petitioner and any adoption entity intermediary in connection

10  with the adoption. or in connection with any prior proceeding

11  to terminate parental rights which involved the minor who is

12  the subject of the petition for adoption. The affidavit must

13  also include, for each fee itemized, the service provided for

14  which the fee is being charged, the date the service was

15  provided, the time required to provide the service, the person

16  or entity that provided the service, and the hourly fee

17  charged.

18         (c)  The clerk of the court shall forward a copy of the

19  affidavit to the department.

20         (d)  The affidavit report must show any expenses or

21  receipts incurred in connection with:

22         1.(a)  The birth of the minor.

23         2.(b)  The placement of the minor with the petitioner.

24         3.(c)  The medical or hospital care received by the

25  mother or by the minor during the mother's prenatal care and

26  confinement.

27         4.(d)  The living expenses of the birth mother.  The

28  living expenses must be documented in detail to apprise the

29  court of the exact expenses incurred.

30         5.(e)  The services relating to the adoption or to the

31  placement of the minor for adoption that were received by or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  on behalf of the petitioner, the adoption entity intermediary,

 2  either natural parent, the minor, or any other person.

 3

 4  The affidavit must state whether any of these expenses were

 5  paid for by collateral sources, including, but not limited to,

 6  health insurance, Medicaid, Medicare, or public assistance.

 7         (2)  The court may require such additional information

 8  as is deemed necessary.

 9         (3)  The court must issue a separate order approving or

10  disapproving the fees, costs, and expenses itemized in the

11  affidavit. The court may approve only fees, costs, and

12  expenditures allowed under s. 63.097. The court may reject in

13  whole or in part any fee, cost, or expenditure listed if the

14  court finds that the expense is:

15         (a)  Contrary to this chapter;

16         (b)  Not supported by a receipt in the record, if the

17  expense is not a fee of the adoption entity; or

18         (c)  Not a reasonable fee or expense, considering the

19  requirements of this chapter and the totality of the

20  circumstances.

21         (4)(3)  This section does not apply to an adoption by a

22  stepparent whose spouse is a natural or adoptive parent of the

23  minor child.

24         Section 25.  Section 63.142, Florida Statutes, is

25  amended to read:

26         63.142  Hearing; judgment of adoption.--

27         (1)  APPEARANCE.--The petitioner and the person to be

28  adopted shall appear at the hearing on the petition for

29  adoption, unless:

30         (a)  The person is a minor under 12 years of age;, or

31         (b)  The presence of either is excused by the court for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

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 1  good cause.

 2         (2)  CONTINUANCE.--The court may continue the hearing

 3  from time to time to permit further observation,

 4  investigation, or consideration of any facts or circumstances

 5  affecting the granting of the petition.

 6         (3)  DISMISSAL.--

 7         (a)  If the petition is dismissed, the court shall

 8  determine the person that is to have custody of the minor.

 9         (b)  If the petition is dismissed, the court shall

10  state with specificity the reasons for the dismissal.

11         (4)  JUDGMENT.--At the conclusion of the hearing, after

12  when the court determines that the date for a parent to file

13  an appeal of a valid judgment terminating that parent's

14  parental rights has passed and no appeal, pursuant to the

15  Florida Rules of Appellate Procedure, is pending all necessary

16  consents have been obtained and that the adoption is in the

17  best interest of the person to be adopted, a judgment of

18  adoption shall be entered.

19         (a)  A judgment terminating parental rights pending

20  adoption is voidable and any later judgment of adoption of

21  that minor is voidable if, upon a motion to set aside of a

22  parent, the court finds that any person knowingly gave false

23  information that prevented the parent from timely making known

24  his or her desire to assume parental responsibilities toward

25  the minor or meeting the requirements under this chapter to

26  exercise his or her parental rights. A motion under this

27  paragraph must be filed with the court that entered the

28  original judgment. The motion must be filed within a

29  reasonable time, but not later than 2 years after the date the

30  judgment terminating parental rights was entered.

31         (b)  Except upon good cause shown, no later than 30

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

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 1  days after the filing of a motion under this subsection, the

 2  court must conduct a preliminary hearing to determine what

 3  contact, if any, shall be permitted between a parent and the

 4  child pending resolution of the motion. Such contact shall be

 5  considered only if it is requested by a parent who has

 6  appeared at the hearing. If the court orders contact between a

 7  parent and child, the order must be issued in writing as

 8  expeditiously as possible and must state with specificity any

 9  provisions regarding contact with persons other than those

10  with whom the child resides.

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

12  motion of any party or its own motion, may order scientific

13  testing to determine the paternity of the minor if the person

14  seeking to set aside the judgment is alleging to be the

15  child's father and that fact has not previously been

16  determined by legitimacy or scientific testing. The court may

17  order supervised visitation with a person for whom scientific

18  testing for paternity has been ordered. Such visitation shall

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

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

21  the minor.

22         (d)  Except upon good cause shown, no later than 45

23  days after the preliminary hearing, the court must conduct a

24  final hearing on the motion to set aside the judgment and

25  issue its written order as expeditiously as possible

26  thereafter.

27         Section 26.  Subsection (2) of section 63.162, Florida

28  Statutes, is amended to read:

29         63.162  Hearings and records in adoption proceedings;

30  confidential nature.--

31         (2)  All papers and records pertaining to the adoption,

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    Bill No. CS for SB 1910

    Amendment No.    





 1  including the original birth certificate, whether part of the

 2  permanent record of the court or a file in the office of an

 3  adoption entity department, in a licensed child-placing

 4  agency, or in the office of an intermediary are confidential

 5  and subject to inspection only upon order of the court;

 6  however, the petitioner in any proceeding for adoption under

 7  this chapter may, at the option of the petitioner, make public

 8  the reasons for a denial of the petition for adoption.  The

 9  order must specify which portion of the records are subject to

10  inspection, and it may exclude the name and identifying

11  information concerning the birth parent or adoptee. Papers and

12  records of the department, a court, or any other governmental

13  agency, which papers and records relate to adoptions, are

14  exempt from s. 119.07(1).  In the case of a nonagency

15  adoption, the department must be given notice of hearing and

16  be permitted to present to the court a report on the

17  advisability of disclosing or not disclosing information

18  pertaining to the adoption.  In the case of an agency

19  adoption, the licensed child-placing agency must be given

20  notice of hearing and be permitted to present to the court a

21  report on the advisability of disclosing or not disclosing

22  information pertaining to the adoption.  This subsection does

23  not prohibit the department from inspecting and copying any

24  official record pertaining to the adoption that is maintained

25  by the department and does not prohibit an agency from

26  inspecting and copying any official record pertaining to the

27  adoption that is maintained by that agency.

28         Section 27.  Section 63.165, Florida Statutes, is

29  amended to read:

30         63.165  State registry of adoption information; duty to

31  inform and explain.--Notwithstanding any other law to the

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                                                  SENATE AMENDMENT

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 1  contrary, the department shall maintain a registry with the

 2  last known names and addresses of an adoptee and his or her

 3  natural parents whose consent was required under s. 63.062,

 4  and adoptive parents and any other identifying information

 5  that which the adoptee, natural parents whose consent was

 6  required under s. 63.062, or adoptive parents desire to

 7  include in the registry. The department shall maintain the

 8  registry records for the time required by rules adopted by the

 9  department in accordance with this chapter or for 99 years,

10  whichever period is greater. The registry shall be open with

11  respect to all adoptions in the state, regardless of when they

12  took place. The registry shall be available for those persons

13  choosing to enter information therein, but no one shall be

14  required to do so.

15         (1)  Anyone seeking to enter, change, or use

16  information in the registry, or any agent of such person,

17  shall present verification of his or her identity and, if

18  applicable, his or her authority.  A person who enters

19  information in the registry shall be required to indicate

20  clearly the persons to whom he or she is consenting to release

21  this information, which persons shall be limited to the

22  adoptee and the birth natural mother, natural father whose

23  consent was required under s. 63.062, adoptive mother,

24  adoptive father, birth natural siblings, and maternal and

25  paternal birth natural grandparents of the adoptee.  Except as

26  provided in this section, information in the registry is

27  confidential and exempt from the provisions of s. 119.07(1).

28  Consent to the release of this information may be made in the

29  case of a minor adoptee by his or her adoptive parents or by

30  the court after a showing of good cause.  At any time, any

31  person may withdraw, limit, or otherwise restrict consent to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  release information by notifying the department in writing.

 2         (2)  The department may charge a reasonable fee to any

 3  person seeking to enter, change, or use information in the

 4  registry.  The department shall deposit such fees in a trust

 5  fund to be used by the department only for the efficient

 6  administration of this section. The department and agencies

 7  shall make counseling available for a fee to all persons

 8  seeking to use the registry, and the department shall inform

 9  all affected persons of the availability of such counseling.

10         (3)  The adoption entity department, intermediary, or

11  licensed child-placing agency must inform the birth parents

12  before parental rights are terminated, and the adoptive

13  parents before placement, in writing, of the existence and

14  purpose of the registry established under this section, but

15  failure to do so does not affect the validity of any

16  proceeding under this chapter.

17         Section 28.  Section 63.182, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 63.182, F.S., for present text.)

21         63.182  Statute of repose.--

22         (1)  An action or proceeding of any kind to vacate, set

23  aside, or otherwise nullify a judgment of adoption or an

24  underlying judgment terminating parental rights on any ground,

25  including duress but excluding fraud, shall in no event be

26  filed more than 1 year after entry of the judgment terminating

27  parental rights.

28         (2)  An action or proceeding of any kind to vacate, set

29  aside, or otherwise nullify a judgment of adoption or an

30  underlying judgment terminating parental rights on grounds of

31  fraud shall in no event be filed more than 2 years after entry

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  of the judgment terminating parental rights.

 2         Section 29.  Subsection (2) of section 63.202, Florida

 3  Statutes, is amended to read:

 4         63.202  Authority to license; adoption of rules.--

 5         (2)  No agency shall place a minor for adoption unless

 6  such agency is licensed by the department, except a

 7  child-caring agency registered under s. 409.176.

 8         Section 30.  Section 63.207, Florida Statutes, is

 9  amended to read:

10         63.207  Out-of-state placement.--

11         (1)  Unless the parent placing a minor for adoption

12  files an affidavit that the parent chooses to place the minor

13  outside the state, giving the reason for that placement, or

14  the minor child is to be placed with a relative within the

15  third degree or with a stepparent, or the minor is a special

16  needs child, as defined in s. 409.166, or for other good cause

17  shown, an adoption entity may not no person except an

18  intermediary, an agency, or the department shall:

19         (a)  Take or send a minor child out of the state for

20  the purpose of placement for adoption; or

21         (b)  Place or attempt to place a minor child for the

22  purpose of adoption with a family who primarily lives and

23  works outside Florida in another state.  An intermediary may

24  place or attempt to place a child for adoption in another

25  state only if the child is a special needs child as that term

26  is defined in s. 409.166.  If an adoption entity intermediary

27  is acting under this subsection, the adoption entity must

28  intermediary shall file a petition for declaratory statement

29  pursuant to s. 63.102 for prior approval of fees and costs.

30  The court shall review the costs pursuant to s. 63.097.  The

31  petition for declaratory statement must be converted to a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  petition for an adoption upon placement of the minor child in

 2  the home.  The circuit court in this state must retain

 3  jurisdiction over the matter until the adoption becomes final.

 4  The prospective adoptive parents must come to this state to

 5  have the adoption finalized.  Violation of the order subjects

 6  the adoption entity intermediary to contempt of court and to

 7  the penalties provided in s. 63.212.

 8         (2)  An adoption entity intermediary may not counsel a

 9  birth mother to leave the state for the purpose of giving

10  birth to a child outside the state in order to secure a fee in

11  excess of that permitted under s. 63.097 when it is the

12  intention that the child is to be placed for adoption outside

13  the state.

14         (3)  When applicable, the Interstate Compact on the

15  Placement of Children authorized in s. 409.401 shall be used

16  in placing children outside the state for adoption.

17         Section 31.  Section 63.212, Florida Statutes, is

18  amended to read:

19         63.212  Prohibited acts; penalties for violation;

20  preplanned adoption agreement.--

21         (1)  It is unlawful for any person:

22         (a)  Except the department, an intermediary, or an

23  agency, To place or attempt to place a minor child for

24  adoption with a person who primarily lives and works outside

25  this state unless the minor child is placed with a relative

26  within the third degree or with a stepparent.  An intermediary

27  may place or attempt to place a special needs child for

28  adoption with a person who primarily lives and works outside

29  this state only if the intermediary has a declaratory

30  statement from the court establishing the fees to be paid.

31  This requirement does not apply if the minor child is placed

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  by an adoption entity in accordance with s. 63.207 with a

 2  relative within the third degree or with a stepparent.

 3         (b)  Except the department, an intermediary, or an

 4  agency, to place or attempt to place a child for adoption with

 5  a family whose primary residence and place of employment is in

 6  another state unless the child is placed with a relative

 7  within the third degree or with a stepparent.  An intermediary

 8  may place or attempt to place a special needs child for

 9  adoption with a family whose primary residence and place of

10  employment is in another state only if the intermediary has a

11  declaratory statement from the court establishing the fees to

12  be paid.  This requirement does not apply if the child is

13  placed with a relative within the third degree or with a

14  stepparent.

15         (b)(c)  Except an adoption entity the Department of

16  Children and Family Services, an agency, or an intermediary,

17  to place or attempt to place within the state a minor child

18  for adoption unless the minor child is placed with a relative

19  within the third degree or with a stepparent.  This

20  prohibition, however, does not apply to a person who is

21  placing or attempting to place a minor child for the purpose

22  of adoption with the adoption entity Department of Children

23  and Family Services or an agency or through an intermediary.

24         (c)(d)  To sell or surrender, or to arrange for the

25  sale or surrender of, a minor child to another person for

26  money or anything of value or to receive such minor child for

27  such payment or thing of value.  If a minor child is being

28  adopted by a relative within the third degree or by a

29  stepparent, or is being adopted through an adoption entity,

30  this paragraph does not prohibit the Department of Children

31  and Family Services, an agency, or an intermediary, nothing

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  herein shall be construed as prohibiting the person who is

 2  contemplating adopting the child from paying, under ss. 63.097

 3  and 63.132, the actual prenatal care and living expenses of

 4  the mother of the child to be adopted, or nor from paying,

 5  under ss. 63.097 and 63.132, the actual living and medical

 6  expenses of such mother for a reasonable time, not to exceed 6

 7  weeks, if medical needs require such support, after the birth

 8  of the minor child.

 9         (d)(e)  Having the rights and duties of a parent with

10  respect to the care and custody of a minor to assign or

11  transfer such parental rights for the purpose of, incidental

12  to, or otherwise connected with, selling or offering to sell

13  such rights and duties.

14         (e)(f)  To assist in the commission of any act

15  prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),

16  paragraph (c), paragraph (d), or paragraph (e).

17         (f)(g)  Except an adoption entity the Department of

18  Children and Family Services or an agency, to charge or accept

19  any fee or compensation of any nature from anyone for making a

20  referral in connection with an adoption.

21         (g)(h)  Except an adoption entity the Department of

22  Children and Family Services, an agency, or an intermediary,

23  to advertise or offer to the public, in any way, by any medium

24  whatever that a minor child is available for adoption or that

25  a minor child is sought for adoption; and, further, it is

26  unlawful for any person to publish or broadcast any such

27  advertisement without including a Florida license number of

28  the agency or, attorney, or physician placing the

29  advertisement.

30         (h)(i)  To contract for the purchase, sale, or transfer

31  of custody or parental rights in connection with any child, or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  in connection with any fetus yet unborn, or in connection with

 2  any fetus identified in any way but not yet conceived, in

 3  return for any valuable consideration.  Any such contract is

 4  void and unenforceable as against the public policy of this

 5  state.  However, fees, costs, and other incidental payments

 6  made in accordance with statutory provisions for adoption,

 7  foster care, and child welfare are permitted, and a person may

 8  agree to pay expenses in connection with a preplanned adoption

 9  agreement as specified below, but the payment of such expenses

10  may not be conditioned upon the transfer of parental rights.

11  Each petition for adoption which is filed in connection with a

12  preplanned adoption agreement must clearly identify the

13  adoption as a preplanned adoption arrangement and must include

14  a copy of the preplanned adoption agreement for review by the

15  court.

16         1.  Individuals may enter into a preplanned adoption

17  arrangement as specified herein, but such arrangement shall

18  not in any way:

19         a.  Effect final transfer of custody of a child or

20  final adoption of a child, without review and approval of the

21  department and the court, and without compliance with other

22  applicable provisions of law.

23         b.  Constitute consent of a mother to place her child

24  for adoption until 7 days following birth, and unless the

25  court making the custody determination or approving the

26  adoption determines that the mother was aware of her right to

27  rescind within the 7-day period following birth but chose not

28  to rescind such consent.

29         2.  A preplanned adoption arrangement shall be based

30  upon a preplanned adoption agreement that must which shall

31  include, but need not be limited to, the following terms:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1         a.  That the volunteer mother agrees to become pregnant

 2  by the fertility technique specified in the agreement, to bear

 3  the child, and to terminate any parental rights and

 4  responsibilities to the child she might have through a written

 5  consent executed at the same time as the preplanned adoption

 6  agreement, subject to a right of rescission by the volunteer

 7  mother any time within 7 days after the birth of the child.

 8         b.  That the volunteer mother agrees to submit to

 9  reasonable medical evaluation and treatment and to adhere to

10  reasonable medical instructions about her prenatal health.

11         c.  That the volunteer mother acknowledges that she is

12  aware that she will assume parental rights and

13  responsibilities for the child born to her as otherwise

14  provided by law for a mother, if the intended father and

15  intended mother terminate the agreement before final transfer

16  of custody is completed, or if a court determines that a

17  parent clearly specified by the preplanned adoption agreement

18  to be the biological parent is not the biological parent, or

19  if the preplanned adoption is not approved by the court

20  pursuant to the Florida Adoption Act.

21         d.  That an intended father who is also the biological

22  father acknowledges that he is aware that he will assume

23  parental rights and responsibilities for the child as

24  otherwise provided by law for a father, if the agreement is

25  terminated for any reason by any party before final transfer

26  of custody is completed or if the planned adoption is not

27  approved by the court pursuant to the Florida Adoption Act.

28         e.  That the intended father and intended mother

29  acknowledge that they may not receive custody or the parental

30  rights under the agreement if the volunteer mother terminates

31  the agreement or if the volunteer mother rescinds her consent

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  to place her child for adoption within 7 days after birth.

 2         f.  That the intended father and intended mother may

 3  agree to pay all reasonable legal, medical, psychological, or

 4  psychiatric expenses of the volunteer mother related to the

 5  preplanned adoption arrangement, and may agree to pay the

 6  reasonable living expenses of the volunteer mother.  No other

 7  compensation, whether in cash or in kind, shall be made

 8  pursuant to a preplanned adoption arrangement.

 9         g.  That the intended father and intended mother agree

10  to accept custody of and to assert full parental rights and

11  responsibilities for the child immediately upon the child's

12  birth, regardless of any impairment to the child.

13         h.  That the intended father and intended mother shall

14  have the right to specify the blood and tissue typing tests to

15  be performed if the agreement specifies that at least one of

16  them is intended to be the biological parent of the child.

17         i.  That the agreement may be terminated at any time by

18  any of the parties.

19         3.  A preplanned adoption agreement shall not contain

20  any provision:

21         a.  To reduce any amount paid to the volunteer mother

22  if the child is stillborn or is born alive but impaired, or to

23  provide for the payment of a supplement or bonus for any

24  reason.

25         b.  Requiring the termination of the volunteer mother's

26  pregnancy.

27         4.  An attorney who represents an intended father and

28  intended mother or any other attorney with whom that attorney

29  is associated shall not represent simultaneously a female who

30  is or proposes to be a volunteer mother in any matter relating

31  to a preplanned adoption agreement or preplanned adoption

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  arrangement.

 2         5.  Payment to agents, finders, and intermediaries,

 3  including attorneys and physicians, as a finder's fee for

 4  finding volunteer mothers or matching a volunteer mother and

 5  intended father and intended mother is prohibited.  Doctors,

 6  psychologists, attorneys, and other professionals may receive

 7  reasonable compensation for their professional services, such

 8  as providing medical services and procedures, legal advice in

 9  structuring and negotiating a preplanned adoption agreement,

10  or counseling.

11         6.  As used in this paragraph, the term:

12         a.  "Blood and tissue typing tests" include, but are

13  not limited to, tests of red cell antigens, red cell

14  isoenzymes, human leukocyte antigens, and serum proteins.

15         b.  "Child" means the child or children conceived by

16  means of an insemination that is part of a preplanned adoption

17  arrangement.

18         c.  "Fertility technique" means artificial

19  embryonation, artificial insemination, whether in vivo or in

20  vitro, egg donation, or embryo adoption.

21         d.  "Intended father" means a male who, as evidenced by

22  a preplanned adoption agreement, intends to have the parental

23  rights and responsibilities for a child conceived through a

24  fertility technique, regardless of whether the child is

25  biologically related to the male.

26         e.  "Intended mother" means a female who, as evidenced

27  by a preplanned adoption agreement, intends to have the

28  parental rights and responsibilities for a child conceived

29  through a fertility technique, regardless of whether the child

30  is biologically related to the female.

31         f.  "Parties" means the intended father and intended

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  mother, the volunteer mother and her husband, if she has a

 2  husband, who are all parties to the preplanned adoption

 3  agreement.

 4         g.  "Preplanned adoption agreement" means a written

 5  agreement among the parties that specifies the intent of the

 6  parties as to their rights and responsibilities in the

 7  preplanned adoption arrangement, consistent with the

 8  provisions of this act.

 9         h.  "Preplanned adoption arrangement" means the

10  arrangement through which the parties enter into an agreement

11  for the volunteer mother to bear the child, for payment by the

12  intended father and intended mother of the expenses allowed by

13  this act, for the intended father and intended mother to

14  assert full parental rights and responsibilities to the child

15  if consent to adoption is not rescinded after birth by the

16  volunteer mother, and for the volunteer mother to terminate,

17  subject to a right of rescission, in favor of the intended

18  father and intended mother all her parental rights and

19  responsibilities to the child.

20         i.  "Volunteer mother" means a female person at least

21  18 years of age who voluntarily agrees, subject to a right of

22  rescission, that if she should become pregnant pursuant to a

23  preplanned adoption arrangement, she will terminate in favor

24  of the intended father and intended mother her parental rights

25  and responsibilities to the child.

26         (2)(a)  It is unlawful for any person under this

27  chapter to:

28         1.  Knowingly provide false information;

29         2.  Knowingly withhold material information; or

30         3.  For a parent, with the intent to defraud, to accept

31  benefits related to the same pregnancy from more than one

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  adoption entity without disclosing that fact to each entity.

 2         (b)  It is unlawful for any person who knows that the

 3  parent whose rights are to be terminated intends to object to

 4  said termination to intentionally file the petition for

 5  termination of parental rights in a county inconsistent with

 6  the required venue under such circumstances.

 7         (c)  Any person who willfully violates any provision of

 8  this subsection commits a misdemeanor of the second degree,

 9  punishable as provided in s. 775.082 or s. 775.083. In

10  addition, such person is liable for damages caused by such

11  acts or omissions, including reasonable attorney's fees and

12  costs. Damages may be awarded through restitution in any

13  related criminal prosecution or by filing a separate civil

14  action.

15         (3)(2)  This section does not Nothing herein shall be

16  construed to prohibit an adoption entity a licensed

17  child-placing agency from charging fees permitted under this

18  chapter and reasonably commensurate to the services provided.

19         (4)(3)  It is unlawful for any adoption entity

20  intermediary to fail to report to the court, prior to

21  placement, the intended placement of a minor child for

22  purposes of adoption with any person not a stepparent or a

23  relative within the third degree, if the adoption entity

24  intermediary participates in such intended placement.

25         (5)(4)  It is unlawful for any adoption entity

26  intermediary to charge any fee except those fees permitted

27  under s. 63.097 and approved under s. 63.102 over $1,000 and

28  those costs as set out in paragraph (1)(d) over $2,500, other

29  than for actual documented medical costs, court costs, and

30  hospital costs unless such fee is approved by the court prior

31  to the assessment of the fee by the intermediary and upon a

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    Bill No. CS for SB 1910

    Amendment No.    





 1  showing of justification for the larger fee.

 2         (6)(5)  It is unlawful for any adoption entity

 3  intermediary to counsel a birth mother to leave the state for

 4  the purpose of giving birth to a child outside the state in

 5  order to secure a fee in excess of that permitted under s.

 6  63.097 when it is the intention that the child be placed for

 7  adoption outside the state.

 8         (7)(6)  It is unlawful for any adoption entity

 9  intermediary to obtain a preliminary home study or final home

10  investigation and fail to disclose the existence of the study

11  or investigation to the court.

12         (8)(7)  Unless otherwise indicated, a person who

13  violates any provision of this section, excluding paragraph

14  (1)(g)(h), commits is guilty of a felony of the third degree,

15  punishable as provided in s. 775.082, s. 775.083, or s.

16  775.084.  A person who violates paragraph (1)(g)(h) commits is

17  guilty of a misdemeanor of the second degree, punishable as

18  provided in s. 775.083; and each day of continuing violation

19  shall be considered a separate offense.

20         Section 32.  Section 63.219, Florida Statutes, is

21  amended to read:

22         63.219  Sanctions.--Upon a finding by the court that an

23  adoption entity intermediary or agency has violated any

24  provision of this chapter, the court is authorized to prohibit

25  the adoption entity intermediary or agency from placing a

26  minor for adoption in the future.

27         Section 33.  Paragraph (c) of subsection (1) and

28  paragraph (c) of subsection (2) of section 63.301, Florida

29  Statutes, are amended to read:

30         63.301  Advisory council on adoption.--

31         (1)  There is created within the Department of Children

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  and Family Services an advisory council on adoption.  The

 2  council shall consist of 17 members to be appointed by the

 3  Secretary of Children and Family Services as follows:

 4         (c)  One member shall be a representative from a

 5  child-caring agency registered under s. 409.176 that physician

 6  licensed to practice in Florida who, as an intermediary,

 7  places or has placed children for adoption.

 8

 9  All members shall be appointed to serve 2-year terms.

10         (2)  The functions of the council shall be to:

11         (c)  Review and evaluate law, procedures, policies, and

12  practice regarding the protection of children placed for

13  adoption, birth parents, and adoptive parents utilizing the

14  services of an adoption entity the Department of Children and

15  Family Services, licensed child-placing agencies, and

16  intermediaries, to determine areas needing legislative,

17  administrative, or other interventions.

18         Section 34.  Subsections (49) and (50) of section

19  39.01, Florida Statutes, 1998 Supplement, are amended to read:

20         39.01  Definitions.--When used in this chapter, unless

21  the context otherwise requires:

22         (49)  "Parent" means a woman who gives birth to a child

23  and a man whose consent to the adoption of the child would be

24  required under s. 63.062(1) s. 63.062(1)(b). If a child has

25  been legally adopted, the term "parent" means the adoptive

26  mother or father of the child. The term does not include an

27  individual whose parental relationship to the child has been

28  legally terminated, or an alleged or prospective parent,

29  unless the parental status falls within the terms of s.

30  39.503(1) s. 39.4051(1) or s. 63.062(1)(b).

31         (50)  "Participant," for purposes of a shelter

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

    Amendment No.    





 1  proceeding, dependency proceeding, or termination of parental

 2  rights proceeding, means any person who is not a party but who

 3  should receive notice of hearings involving the child,

 4  including foster parents or caregivers, identified prospective

 5  parents, or grandparents entitled to priority for adoption

 6  consideration under s. 63.0425, actual custodians of the

 7  child, and any other person whose participation may be in the

 8  best interest of the child. Participants may be granted leave

 9  by the court to be heard without the necessity of filing a

10  motion to intervene.

11         Section 35.  Subsection (41) of section 984.03, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         984.03  Definitions.--When used in this chapter, the

14  term:

15         (41)  "Parent" means a woman who gives birth to a child

16  and a man whose consent to the adoption of the child would be

17  required under s. 63.062(1)(b). If a child has been legally

18  adopted, the term "parent" means the adoptive mother or father

19  of the child. The term does not include an individual whose

20  parental relationship to the child has been legally

21  terminated, or an alleged or prospective parent, unless the

22  parental status falls within the terms of either s. 39.503(1)

23  or s. 63.062(1)(b).

24         Section 36.  Subsection (42) of section 985.03, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         985.03  Definitions.--When used in this chapter, the

27  term:

28         (42)  "Parent" means a woman who gives birth to a child

29  and a man whose consent to the adoption of the child would be

30  required under s. 63.062(1)(b). If a child has been legally

31  adopted, the term "parent" means the adoptive mother or father

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1910

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 1  of the child. The term does not include an individual whose

 2  parental relationship to the child has been legally

 3  terminated, or an alleged or prospective parent, unless the

 4  parental status falls within the terms of either s. 39.503(1)

 5  or s. 63.062(1)(b).

 6         Section 37.  Section 63.072, Florida Statutes, is

 7  repealed.

 8         Section 38.  Any petition for adoption filed before

 9  October 1, 1999, shall be governed by the law in effect at the

10  time the petition was filed.

11         Section 39.  If any provision of this act or the

12  application thereof to any person or circumstance is held

13  invalid, the invalidity does not affect other provisions or

14  applications of the act which can be given effect without the

15  invalid provision or application, and to this end the

16  provisions of this act are declared severable.

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1, lines 2 and 3, delete those lines

22

23  and insert:

24         An act relating to adoption; amending ss.

25         39.703, 39.802, 39.806, and 39.811, F.S.,

26         relating to the petition and grounds for

27         terminating parental rights and powers of

28         disposition; removing provisions authorizing

29         licensed child-placing agencies to file actions

30         to terminate parental rights; amending s.

31         39.812, F.S.; providing additional requirements

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                                                  SENATE AMENDMENT

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 1         for a petition for adoption; prohibiting filing

 2         such petition until the order terminating

 3         parental rights is final; amending s. 63.022,

 4         F.S.; revising legislative intent with respect

 5         to adoptions; amending s. 63.032, F.S.;

 6         revising definitions; defining "adoption

 7         entity," "legal custody," "parent," and

 8         "relative"; creating s. 63.037, F.S.; exempting

 9         certain provisions from adoption proceedings

10         initiated under ch. 39, F.S.; creating s.

11         63.039, F.S.; providing duties of an adoption

12         entity to prospective adoptive parents;

13         providing sanctions and an award of attorney's

14         fees under certain circumstances; amending s.

15         63.0425, F.S.; conforming provisions relating

16         to grandparent's right to adopt; amending s.

17         63.052, F.S.; providing for placement of a

18         minor pending adoption; specifying the

19         jurisdiction of the court over a minor placed

20         for adoption; amending s. 63.062, F.S.;

21         specifying additional persons who must consent

22         to an adoption, execute an affidavit of

23         nonpaternity, or receive notice of proceedings

24         to terminate parental rights; providing for

25         form and content of affidavit of nonpaternity;

26         providing for notice of the right to select a

27         witness; providing a form for waiver of venue;

28         amending s. 63.082, F.S.; revising requirements

29         and form for executing a consent to an

30         adoption; making such requirements applicable

31         to affidavit of nonpaternity; providing a

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 1         revocation period and requirements for

 2         withdrawing consent; providing additional

 3         disclosure requirements; revising requisite

 4         history form to include social history;

 5         amending s. 63.085, F.S.; specifying

 6         information that must be disclosed to persons

 7         seeking to adopt a minor and to the parents;

 8         creating s. 63.087, F.S.; requiring that a

 9         separate proceeding be conducted by the court

10         to determine whether a parent's parental rights

11         should be terminated; providing for rules,

12         jurisdiction, and venue for such proceedings;

13         providing requirements for the petition and

14         hearing; creating s. 63.088, F.S.; providing

15         diligent search and court inquiry requirements

16         for identifying and locating a person who is

17         required to consent to an adoption or receive

18         notice of proceedings to terminate parental

19         rights; providing notice requirements including

20         notice by constructive service; providing that

21         failure to respond or appear constitutes

22         grounds to terminate parental rights pending

23         adoption; creating s. 63.089, F.S.; providing

24         hearing procedures for proceedings to terminate

25         parental rights pending adoption; specifying

26         grounds upon which parental rights may be

27         terminated; providing for finding of

28         abandonment; providing for dismissal of

29         petition procedures; providing for

30         post-judgment relief; providing for

31         confidentiality of records; amending s. 63.092,

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 1         F.S.; providing requirements in an at-risk

 2         placement before termination of parental

 3         rights; amending s. 63.097, F.S.; revising fee

 4         requirements to provide for allowable and

 5         prohibited fees and costs; amending s. 63.102,

 6         F.S.; revising requirements for filing a

 7         petition for adoption; providing requirements

 8         for prior approval of fees and costs; revising

 9         requirements for declaratory statement as to

10         adoption contract; amending s. 63.112, F.S.;

11         revising requirements for form and content of a

12         petition for adoption; amending s. 63.122,

13         F.S.; revising the time requirements for

14         hearing a petition for adoption; amending s.

15         63.125, F.S.; conforming provisions relating to

16         the final home investigation; amending s.

17         63.132, F.S.; revising requirements for

18         affidavit of expenses and receipts; requiring

19         separate court order approving fees, costs, and

20         expenses; amending s. 63.142, F.S.; specifying

21         circumstances under which a judgment

22         terminating parental rights pending adoption is

23         voidable; providing for an evidentiary hearing

24         to determine the minor's placement following a

25         motion to void such a judgment; amending s.

26         63.162, F.S.; conforming provisions relating to

27         confidential records of adoption proceedings;

28         amending s. 63.165, F.S.; requiring that a copy

29         of the certified statement of final decree of

30         adoption be included in the state registry of

31         adoption information; requiring that the

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 1         Department of Children and Family Services

 2         maintain such information for a specified

 3         period; amending s. 63.182, F.S.; providing a

 4         1-year statute of repose for actions to set

 5         aside or vacate a judgment of adoption or a

 6         judgment terminating parental rights pending

 7         adoption; providing a 2-year statute of repose

 8         for an action in fraud to set aside or vacate a

 9         judgment of adoption or a judgment terminating

10         parenting rights; amending s. 63.202, F.S.;

11         conforming provisions relating to agencies

12         authorized to place minors for adoption;

13         amending s. 63.207, F.S.; revising provisions

14         that limit the placement of a minor in another

15         state for adoption; amending s. 63.212, F.S.;

16         revising provisions relating to prohibitions

17         and penalties with respect to adoptions;

18         amending s. 63.219, F.S.; conforming provisions

19         relating to sanctions; amending s. 63.301,

20         F.S.; revising membership of an advisory

21         council on adoption to include a child-caring

22         agency registered under s. 409.176, F.S.;

23         amending ss. 39.01, 984.03, and 985.03, F.S.;

24         correcting cross-references; repealing s.

25         63.072, F.S., relating to persons who may waive

26         required consent to an adoption; requiring that

27         a petition for adoption be governed by the law

28         in effect at the time the petition is filed;

29         providing for severability;

30

31

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