House Bill 0833

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    Florida House of Representatives - 2000                 HB 833

        By Representative Argenio






  1                      A bill to be entitled

  2         An act relating to adoption; amending ss.

  3         39.703, 39.802, 39.806, and 39.811, F.S.,

  4         relating to the petition and grounds for

  5         terminating parental rights and powers of

  6         disposition; removing provisions authorizing

  7         licensed child-placing agencies to file actions

  8         to terminate parental rights; amending s.

  9         39.812, F.S.; providing additional requirements

10         for a petition for adoption; prohibiting filing

11         such petition until the order terminating

12         parental rights is final; amending s. 63.022,

13         F.S.; revising legislative intent with respect

14         to adoptions; amending s. 63.032, F.S.;

15         revising definitions; defining "adoption

16         entity," "legal custody," "parent," and

17         "relative"; creating s. 63.037, F.S.; exempting

18         certain provisions from adoption proceedings

19         initiated under ch. 39, F.S.; creating s.

20         63.039, F.S.; providing duties of an adoption

21         entity to prospective adoptive parents;

22         providing sanctions and an award of attorney's

23         fees under certain circumstances; amending s.

24         63.0425, F.S.; conforming provisions relating

25         to grandparent's right to adopt; amending s.

26         63.052, F.S.; providing for placement of a

27         minor pending adoption; specifying the

28         jurisdiction of the court over a minor placed

29         for adoption; amending s. 63.062, F.S.;

30         specifying additional persons who must consent

31         to an adoption, execute an affidavit of

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  1         nonpaternity, or receive notice of proceedings

  2         to terminate parental rights; providing for

  3         form and content of affidavit of nonpaternity;

  4         providing for notice of the right to select a

  5         witness; providing a form for waiver of venue;

  6         amending s. 63.082, F.S.; revising requirements

  7         and form for executing a consent to an

  8         adoption; making such requirements applicable

  9         to affidavit of nonpaternity; providing a

10         revocation period and requirements for

11         withdrawing consent; providing additional

12         disclosure requirements; revising requisite

13         history form to include social history;

14         amending s. 63.085, F.S.; specifying

15         information that must be disclosed to persons

16         seeking to adopt a minor and to the parents;

17         creating s. 63.087, F.S.; requiring that a

18         separate proceeding be conducted by the court

19         to determine whether a parent's parental rights

20         should be terminated; providing for rules,

21         jurisdiction, and venue for such proceedings;

22         providing requirements for the petition and

23         hearing; creating s. 63.088, F.S.; providing

24         diligent search and court inquiry requirements

25         for identifying and locating a person who is

26         required to consent to an adoption or receive

27         notice of proceedings to terminate parental

28         rights; providing notice requirements including

29         notice by constructive service; providing that

30         failure to respond or appear constitutes

31         grounds to terminate parental rights pending

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  1         adoption; creating s. 63.089, F.S.; providing

  2         hearing procedures for proceedings to terminate

  3         parental rights pending adoption; specifying

  4         grounds upon which parental rights may be

  5         terminated; providing for finding of

  6         abandonment; providing for dismissal of

  7         petition procedures; providing for

  8         post-judgment relief; providing for

  9         confidentiality of records; amending s. 63.092,

10         F.S.; providing requirements in an at-risk

11         placement before termination of parental

12         rights; amending s. 63.097, F.S.; revising fee

13         requirements to provide for allowable and

14         prohibited fees and costs; amending s. 63.102,

15         F.S.; revising requirements for filing a

16         petition for adoption; providing requirements

17         for prior approval of fees and costs; revising

18         requirements for declaratory statement as to

19         adoption contract; amending s. 63.112, F.S.;

20         revising requirements for form and content of a

21         petition for adoption; amending s. 63.122,

22         F.S.; revising the time requirements for

23         hearing a petition for adoption; amending s.

24         63.125, F.S.; conforming provisions relating to

25         the final home investigation; amending s.

26         63.132, F.S.; revising requirements for

27         affidavit of expenses and receipts; requiring

28         separate court order approving fees, costs, and

29         expenses; amending s. 63.142, F.S.; specifying

30         circumstances under which a judgment

31         terminating parental rights pending adoption is

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  1         voidable; providing for an evidentiary hearing

  2         to determine the minor's placement following a

  3         motion to void such a judgment; amending s.

  4         63.162, F.S.; conforming provisions relating to

  5         confidential records of adoption proceedings;

  6         amending s. 63.165, F.S.; requiring that a copy

  7         of the certified statement of final decree of

  8         adoption be included in the state registry of

  9         adoption information; amending s. 63.182, F.S.;

10         providing a 1-year statute of repose for

11         actions to set aside or vacate a judgment of

12         adoption or a judgment terminating parental

13         rights pending adoption; providing a 2-year

14         statute of repose for an action in fraud to set

15         aside or vacate a judgment of adoption or a

16         judgment terminating parenting rights; amending

17         s. 63.202, F.S.; conforming provisions relating

18         to agencies authorized to place minors for

19         adoption; amending s. 63.207, F.S.; revising

20         provisions that limit the placement of a minor

21         in another state for adoption; amending s.

22         63.212, F.S.; revising provisions relating to

23         prohibitions and penalties with respect to

24         adoptions; amending s. 63.219, F.S.; conforming

25         provisions relating to sanctions; amending s.

26         63.301, F.S.; revising membership of an

27         advisory council on adoption to include a

28         child-caring agency registered under s.

29         409.176, F.S.; amending ss. 39.01, 984.03, and

30         985.03, F.S.; correcting cross references;

31         repealing s. 63.072, F.S., relating to persons

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  1         who may waive required consent to an adoption;

  2         requiring that a petition for adoption be

  3         governed by the law in effect at the time the

  4         petition is filed; providing for severability;

  5         providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Section 39.703, Florida Statutes, is

10  amended to read:

11         39.703  Initiation of termination of parental rights

12  proceedings; judicial review.--

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

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

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

16  their responsibilities as specified in the written case plan

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

18  shall state its intent to initiate proceedings to terminate

19  parental rights, unless the social service agency can

20  demonstrate to the court that such a recommendation would not

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

22  department or licensed child-placing agency to initiate

23  proceedings to terminate parental rights, the department or

24  licensed child-placing agency shall file a petition for

25  termination of parental rights no later than 3 months after

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

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

28  licensed child-placing agency shall provide a written report

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

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

31  anticipated date of completion of the process.

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

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

  3  the parents, the department social service agency shall

  4  initiate termination of parental rights proceedings under this

  5  chapter within 30 days. Only if the court finds that the

  6  situation of the child is so extraordinary and that the best

  7  interests of the child will be met by such action at the time

  8  of the judicial review may the case plan be extended. If the

  9  court decides to extend the plan, the court shall enter

10  detailed findings justifying the decision to extend, as well

11  as the length of the extension. A termination of parental

12  rights petition need not be filed if: the child is being cared

13  for by a relative who chooses not to adopt the child but who

14  is willing, able, and suitable to serve as the legal custodian

15  for the child until the child reaches 18 years of age; the

16  court determines that filing such a petition would not be in

17  the best interests of the child; or the state has not provided

18  the child's parent, when reasonable efforts to return a child

19  are required, consistent with the time period in the state's

20  case plan, such services as the state deems necessary for the

21  safe return of the child to his or her home. Failure to

22  initiate termination of parental rights proceedings at the

23  time of the 12-month judicial review or within 30 days after

24  such review does not prohibit initiating termination of

25  parental rights proceedings at any other time.

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

27  Florida Statutes, are amended to read:

28         39.802  Petition for termination of parental rights;

29  filing; elements.--

30         (1)  All proceedings seeking an adjudication to

31  terminate parental rights pursuant to this chapter must be

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  1  initiated by the filing of an original petition by the

  2  department, the guardian ad litem, a licensed child-placing

  3  agency, or any other person who has knowledge of the facts

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

  5  true.

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

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

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

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

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

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

12  Statutes, is amended to read:

13         39.806  Grounds for termination of parental rights.--

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

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

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

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

18  parental rights under any of the following circumstances:

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

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

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

22  licensed child-placing agency for subsequent adoption and the

23  department or licensed child-placing agency is willing to

24  accept custody of the child.

25         1.  The surrender document must be executed before two

26  witnesses and a notary public or other person authorized to

27  take acknowledgments.

28         2.  The surrender and consent may be withdrawn after

29  acceptance by the department or licensed child-placing agency

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

31  consent were obtained by fraud or duress.

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

  2  parents is unknown and cannot be ascertained by diligent

  3  search within 60 days.

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

  5  toward the child or toward other children that demonstrates

  6  that the continuing involvement of the parent or parents in

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

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

  9  child irrespective of the provision of services. Provision of

10  services may be evidenced by proof that services were provided

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

12  welfare agency.

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

14  state or federal correctional institution and either:

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

16  to be incarcerated will constitute a substantial portion of

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

18  years;

19         2.  The incarcerated parent has been determined by the

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

21  775.084, a habitual violent felony offender as defined in s.

22  775.084, or a sexual predator as defined in s. 775.21; has

23  been convicted of first degree or second degree murder in

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

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

26  or has been convicted of an offense in another jurisdiction

27  which is substantially similar to one of the offenses listed

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

29  "substantially similar offense" means any offense that is

30  substantially similar in elements and penalties to one of

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

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

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

  3  or territory thereof, or any foreign jurisdiction; or

  4         3.  The court determines by clear and convincing

  5  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

14  substantially comply for a period of 12 months after an

15  adjudication of the child as a dependent child or the child's

16  placement into shelter care, whichever came first, constitutes

17  evidence of continuing abuse, neglect, or abandonment unless

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

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

20  the failure of the department to make reasonable efforts to

21  reunify the parent and child. Such 12-month period may begin

22  to run only after the child's placement into shelter care or

23  the entry of a disposition order placing the custody of the

24  child with the department or a person other than the parent

25  and the approval by the court of a case plan with a goal of

26  reunification with the parent, whichever came first.

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

28  conduct or had the opportunity and capability to prevent and

29  knowingly failed to prevent egregious conduct that threatens

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

31  the child or the child's sibling.

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

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

  3  parent or parents regardless of whether the child is related

  4  legally or by consanguinity.

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

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

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

  8  or outrageous by a normal standard of conduct. Egregious

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

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

11  endanger the life of the child.

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

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

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

15  chronic abuse.

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

17  or voluntary manslaughter of another child, or a felony

18  assault that results in serious bodily injury to the child or

19  another child, or aided or abetted, attempted, conspired, or

20  solicited to commit such a murder or voluntary manslaughter or

21  felony assault.

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

23  sibling have been terminated involuntarily.

24         Section 4.  Subsection (8) of section 39.811, Florida

25  Statutes, is amended to read:

26         39.811  Powers of disposition; order of disposition.--

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

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

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

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

31  shall provide to the court an amended case plan which

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  1  identifies the permanency goal for the child. Reasonable

  2  efforts must be made to place the child in a timely manner in

  3  accordance with the permanency plan and to complete whatever

  4  steps are necessary to finalize the permanent placement of the

  5  child. Thereafter, until the adoption of the child is

  6  finalized or the child reaches the age of 18 years, whichever

  7  occurs first, the court shall hold hearings at 6-month

  8  intervals to review the progress being made toward permanency

  9  for the child.

10         Section 5.  Section 39.812, Florida Statutes, is

11  amended to read:

12         39.812  Postdisposition relief; petition for

13  adoption.--

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

15  department which is given custody of a child for subsequent

16  adoption in accordance with this chapter, the department may

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

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

19  family home for prospective subsequent adoption., and the

20  licensed child-placing agency or The department may thereafter

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

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

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

24  shall in all cases be sufficient.

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

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

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

28  any time after the order terminating parental rights is

29  entered of the whereabouts of the child or of the identity or

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

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

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

  2  other proceeding involving the child brought by any parent of

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

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

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

  6  the child before a court of competent jurisdiction if the

  7  child is still subject to the guardianship of the licensed

  8  child-placing agency or department.

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

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

11  licensed child-placing agency or department to guardianship of

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

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

14  the person of the child.

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

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

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

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

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

20  court has jurisdiction for the purpose of reviewing the status

21  of the child and the progress being made toward permanent

22  adoptive placement. As part of this continuing jurisdiction,

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

24  the court may review the appropriateness of the adoptive

25  placement of the child.

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

27  division of the circuit court which entered the judgment

28  terminating parental rights, unless a motion for change of

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

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

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

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

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

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

  4  if such information is available or readily obtainable. The

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

  6  adoption until the judgment terminating parental rights

  7  becomes final. An adoption proceeding under this subsection is

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

  9         Section 6.  Section 63.022, Florida Statutes, is

10  amended to read:

11         63.022  Legislative intent.--

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

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

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

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

16  possible, to maintain sibling groups.

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

18  this chapter act are that:

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

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

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

22  court.

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

24  court considers the reports of these studies prior to judgment

25  on adoption petitions.

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

27  to the Department of Children and Family Services.

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

29  the minor child has lived within the proposed adoptive home

30  under the guidance of the department or a child-caring agency

31  registered under s. 409.176 a licensed child-placing agency.

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  1         (f)  All expenditures by adoption entities

  2  intermediaries placing, and persons independently adopting, a

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

  4  in the file of the adoption proceedings.

  5         (g)  Social and medical information concerning the

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

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

  8  hearing on a petition to terminate parental rights pending

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

10  intermediary.

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

12  the adoption judgment.

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

14  authorized to order temporary substitute care when it

15  determines that the minor is in an unsuitable home.

16         (j)  The records of all proceedings concerning custody

17  and adoption of a minor children are confidential and exempt

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

19  63.162.

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

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

22  guidance, counseling, and supervision in all adoptions an

23  intermediary adoption as they receive in an agency or

24  department adoption.

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

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

27  orders as it deems necessary and suitable to promote and

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

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

30  where termination of parental rights occurs, and siblings are

31  separated despite diligent efforts of the department,

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  1  continuing postadoption communication or contact among the

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

  3  best interests of the children.

  4         Section 7.  Section 63.032, Florida Statutes, is

  5  amended to read:

  6         63.032  Definitions.--As used in this chapter act,

  7  unless the context otherwise requires, the term:

  8         (1)(14)  "Abandoned" means a situation in which the

  9  parent or person having legal custody legal custodian of a

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

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

12  which situation is sufficient to evince a willful rejection of

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

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

15  child legal custodian to support and communicate with the

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

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

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

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

20  mother during her pregnancy.

21         (2)(10)  "Adoption" means the act of creating the legal

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

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

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

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

26  child born to such adoptive parents in lawful wedlock.

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

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

29  intermediary.

30         (4)(5)  "Adult" means a person who is not a minor.

31

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  1         (5)(7)  "Agency" means any child-placing agency

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

  3  minors for adoption.

  4         (6)(2)  "Child" means a son or daughter, whether by

  5  birth or adoption.

  6         (7)(3)  "Court" means any circuit court of this state

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

  8  empowered to grant petitions for adoption.

  9         (8)(1)  "Department" means the Department of Children

10  and Family Services.

11         (9)(8)  "Intermediary" means an attorney or physician

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

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

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

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

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

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

18  39.01.

19         (11)(4)  "Minor" means a person under the age of 18

20  years.

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

22  39.01.

23         (13)(6)  "Person" includes a natural person,

24  corporation, government or governmental subdivision or agency,

25  business trust, estate, trust, partnership, or association,

26  and any other legal entity.

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

28  39.01.

29         (15)(9)  "To place" or "placement" means the process of

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

31  parents receiving and adopting the child, and includes all

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  1  actions by any person or adoption entity agency participating

  2  in the process.

  3         (16)(13)  "Primarily lives and works outside Florida"

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

  5  residence and place of employment in Florida."

  6         (17)(12)  "Primary residence and place of employment in

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

  8  6 months of the year and intends to do so for the foreseeable

  9  future or military personnel who designate Florida as their

10  place of residence in accordance with the Soldiers' and

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

12  States Department of State living in a foreign country who

13  designate Florida as their place of residence.

14         (18)(11)  "Suitability of the intended placement"

15  includes the fitness of the intended placement, with primary

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

17  fitness and capabilities of the adoptive parent or parents to

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

19  familial relationship between the child and the prospective

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

21  which the child is intended to be placed.

22         Section 8.  Section 63.037, Florida Statutes, is

23  created to read:

24         63.037  Proceedings applicable to cases resulting from

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

26  which a minor becomes available for adoption after the

27  parental rights of each parent have been terminated by a

28  judgment entered pursuant to chapter 39 shall be governed by

29  s. 39.812 and this chapter. Adoption proceedings initiated

30  under chapter 39 are exempt from the following provisions of

31  this chapter: disclosure requirements for the adoption entity

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  1  provided in s. 63.085; general provisions governing

  2  termination of parental rights pending adoption provided in s.

  3  63.087; notice and service provisions governing termination of

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

  5  procedures for terminating parental rights pending adoption

  6  provided in s. 63.089.

  7         Section 9.  Section 63.039, Florida Statutes, is

  8  created to read:

  9         63.039  Duty of adoption entity to prospective adoptive

10  parents; sanctions.--

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

12  has an affirmative duty to follow the requirements of this

13  chapter; specifically, the following provisions, which protect

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

15  parents and prospective adoptive parents by promoting

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

17  adoption entity must:

18         (a)  Provide written initial disclosure to the

19  prospective adoptive parent at the time and in the manner

20  required under s. 63.085.

21         (b)  Provide written initial and postbirth disclosure

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

23  63.085.

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

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

26  under s. 63.082.

27         (d)  When a written consent or affidavit of

28  nonpaternity for adoption is obtained, obtain a consent to

29  adoption or affidavit of nonpaternity that contains the

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

31

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  1         (e)  Include in the petition to terminate parental

  2  rights pending adoption all information required under s.

  3  63.087(6)(e) and (f).

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

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

  6  orally in the presence of the court.

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

  8  adoption is necessary under this chapter is known but the

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

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

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

12  terminate parental rights pending adoption at the time and in

13  the manner required by s. 63.088.

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

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

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

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

18  whose rights are to be terminated resides.

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

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

21  prospective adoptive parents for all sums paid by the

22  prospective adoptive parents or on their behalf in

23  anticipation of or in connection with an adoption upon a

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

25  the material failure.

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

27  nonpaternity taken under this chapter was obtained by fraud or

28  duress attributable to the adoption entity, the court must

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

30  their behalf in anticipation of or in connection with the

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

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  1  and costs incurred by the prospective adoptive parents in

  2  connection with the adoption and any litigation related to

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

  4  subsection must be paid directly to the prospective adoptive

  5  parents by the adoption entity or by any applicable insurance

  6  carrier on behalf of the adoption entity.

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

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

  9  consent to adoption, a judgment terminating parental rights

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

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

12  award under this subsection must be paid by the adoption

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

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

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

16  relief to the prevailing party.

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

18  order that imposes sanctions under this section against an

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

20  The court must provide to the Department of Children and

21  Family Services any order that imposes sanctions under this

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

23  30 days after the date that the order was issued.

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

25  Statutes, is amended to read:

26         63.0425  Grandparent's right to adopt.--

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

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

29  agency or intermediary handling the adoption shall notify that

30  grandparent of the impending adoption before the petition for

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

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

  2  adoption to that grandparent.

  3         Section 11.  Section 63.052, Florida Statutes, is

  4  amended to read:

  5         63.052  Guardians designated; proof of commitment.--

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

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

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

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

10  for those who have been placed for adoption with and

11  permanently committed to the department, the department shall

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

13         (2)  For minors who have been voluntarily surrendered

14  to an intermediary through an execution of consent to

15  adoption, the intermediary shall be responsible for the minor

16  child until the time a court orders preliminary approval of

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

18  at which time the prospective adoptive parents become

19  guardians pending finalization of adoption. Until a court has

20  terminated parental rights pending adoption and has ordered

21  preliminary approval of placement of the minor in the adoptive

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

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

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

25  prospective adoptive home until that home has received a

26  favorable preliminary home study by a licensed child-placing

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

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

29  prospective home. Temporary placement in the prospective home

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

31

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  1  presumption that the parental rights of the parents will

  2  subsequently be terminated.

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

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

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

  6  responsibility and authority to provide for the needs and

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

  8  with or voluntarily surrendered to the department, but not

  9  permanently committed to the department, the department shall

10  have the responsibility and authority to provide for the needs

11  and welfare for such minors.  The adoption entity may

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

13  agency has the authority to authorize all appropriate medical

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

15  adoption with or voluntarily surrendered to the adoption

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

17  effect notwithstanding the guardianship provisions in this

18  section.

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

20  subsequent adoption and a suitable prospective adoptive home

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

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

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

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

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

26  intermediary shall be responsible for the child until such a

27  suitable prospective adoptive home is available.

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

29  adoption entity intermediary for subsequent adoption and the

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

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

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

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

  3  best interest of the minor child.

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

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

  6  permanently committed to the department shall be prima facie

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

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

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

10  agency that the minor child has been permanently committed and

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

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

13  license.

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

15  is not responsible for expenses incurred by other adoption

16  entities licensed child-placing agencies or intermediaries

17  participating in placement of a minor child for the purposes

18  of adoption.

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

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

21  minor is placed with an adoption entity or prospective

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

23  and the progress toward permanent adoptive placement. As part

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

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

26  63.062, the adoption entity, the parents, persons having legal

27  custody of the minor, persons with custodial or visitation

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

29  the Uniform Child Custody Jurisdiction Act or the Indian Child

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

31

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  1  review the appropriateness of the adoptive placement of the

  2  minor.

  3         Section 12.  Section 63.062, Florida Statutes, is

  4  amended to read:

  5         63.062  Persons required to consent to adoption;

  6  affidavit of nonpaternity; waiver of venue.--

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

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

  9  a petition to terminate parental rights pending adoption adopt

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

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

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

13         (a)  The mother of the minor.

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

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

16  was married to the mother;.

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

18         3.  The minor has been established by court proceeding

19  to be his child.

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

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

22  scientific tests that are generally acceptable within the

23  scientific community to show a probability of paternity.

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

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

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

27         1.4.  He Has acknowledged in writing, signed in the

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

29  minor and has filed such acknowledgment with the Office of

30  Vital Statistics of the Department of Health;.

31

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  1         2.5.  He Has provided, or has attempted to provide, the

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

  3  repetitive, customary manner; or.

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

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

  6  action to terminate parental rights pending adoption pursuant

  7  to this chapter.

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

  9  proceeding in which paternity, custody, or termination of

10  parental rights regarding the minor is at issue.

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

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

13  minor's consent.

14         (2)  Any person whose consent is required under

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

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

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

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

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

20  receive disclosure under s. 63.085 prior to signing the

21  affidavit.

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

23  affidavit of nonpaternity must be given reasonable notice of

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

25  employment, professional, or personal relationship with the

26  adoption entity or the prospective adoptive parents to be

27  present when the consent to adoption or affidavit of

28  nonpaternity is executed and to sign the consent or affidavit

29  as a witness.

30         (4)  An affidavit of nonpaternity must be in

31  substantially the following form:

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  1

  2                    AFFIDAVIT OF NONPATERNITY

  3

  4              1.  I have personal knowledge of the facts

  5         stated in this affidavit.

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

  7         child. I shall not establish or claim paternity

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

  9         date of birth is ....

10              3.  The child referenced in this affidavit

11         was not conceived or born while the birth

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

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

14         birth mother.

15              4.  With respect to the child referenced

16         in this affidavit, I have not provided the

17         birth mother with child support or prebirth

18         support; I have not provided her with prenatal

19         care or assisted her with medical expenses; I

20         have not provided the birth mother or her child

21         or unborn child with support of any kind, nor

22         do I intend to do so.

23              5.  I have no interest in assuming the

24         responsibilities of parenthood for this child.

25         I will not acknowledge in writing that I am the

26         father of this child nor institute court

27         proceedings to establish the child as mine.

28              6.  I do not object to any decision or

29         arrangements .... makes regarding this child,

30         including adoption.

31

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

  2         a person who does not have an employment,

  3         professional, or personal relationship with the

  4         adoption entity or the prospective adoptive

  5         parents to be present when this affidavit is

  6         executed and to sign it as a witness.

  7

  8         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

  9         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

10         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

11

12         (5)(2)  The court may require that consent be executed

13  by:

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

15  minor; or

16         (b)  The court having jurisdiction to determine custody

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

18  minor has no authority to consent to the adoption.

19         (6)(3)  The petitioner must make good faith and

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

21  obtain written consent from, the persons required to consent

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

23  petition. These efforts may include conducting interviews and

24  record searches to locate those persons, including verifying

25  information related to location of residence, employment,

26  service in the Armed Forces, vehicle registration in this

27  state, and corrections records.

28         (7)(4)  If parental rights to the minor have previously

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

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

31  department with which the minor child has been placed for

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  1  subsequent adoption may provide consent to the adoption.  In

  2  such case, no other consent is required.

  3         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

  9  provided in this chapter section.

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

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

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

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

14  must obtain, from any party executing an affidavit of

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

16  filed with the petition and must be in substantially the

17  following form:

18

19                         WAIVER OF VENUE

20

21         I understand that I have the right to require

22         that the Petition to terminate my parental

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

24         waive such right so that the Petition to

25         Terminate Parental Rights may be filed by

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

27         county, Florida.

28

29         I understand that, after signing this waiver, I

30         may object to the county where the proceedings

31         to terminate my parental rights will be held by

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  1         appearing at the hearing or by filing a written

  2         objection, on the attached form, with the Clerk

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

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

  5         of venue, the case will be transferred to a

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

  7         no such residence, the case will be transferred

  8         to a county where another parent resides or

  9         where at least one parent resided at the time

10         of signing a consent or affidavit of

11         nonpaternity.

12

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

14  containing no consents, disclosures, or other information

15  unrelated to venue.

16         2.  Adoption entities must attach to the waiver of

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

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

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

20  termination of parental rights and information identifying the

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

22  the form upon receipt.

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

24  entity knows that a parent whose rights will be terminated

25  intends to object to the termination but intentionally files

26  the petition for termination of parental rights in a county

27  which is not consistent with the required venue under such

28  circumstances, the adoption entity shall be responsible for

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

30  venue.

31

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  1         Section 13.  Section 63.082, Florida Statutes, is

  2  amended to read:

  3         63.082  Execution of consent to adoption or affidavit

  4  of nonpaternity; family social and medical history; withdrawal

  5  of consent.--

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

  7  nonpaternity shall be executed as follows:

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

  9  statement in the presence of the court or by being

10  acknowledged before a notary public.

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

12  representative.

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

14  court or by affidavit.

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

16  certificate of the court.

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

18  the adopting parent is valid if the consent contains a

19  statement by the person consenting that the consent was

20  voluntarily executed and that identification of the adopting

21  parent is not required for granting the consent.

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

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

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

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

26  the forms promulgated by the department completed by the birth

27  parents must be attached to the petition to terminate parental

28  rights pending adoption and must contain such biological and

29  sociological information, or such information as to the family

30  medical history, regarding the minor child and the birth

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

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  1  must be incorporated into the final home investigation report

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

  3  require that the birth mother be interviewed by a

  4  representative of the department, a licensed child-placing

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

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

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

  8  statement that the parent is unlocated or unidentified, must

  9  be filed with the petition to terminate parental rights

10  pending adoption and included in the final home investigation

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

12  the court for good cause.

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

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

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

16  must be attached to the petition to terminate parental rights

17  pending adoption and must be accompanied by a family medical

18  history that includes such information concerning the medical

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

20  readily obtainable.

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

22  history is unavailable because the person whose consent is

23  required cannot be located or identified, the petition to

24  terminate parental rights pending adoption must be accompanied

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

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

27  nonpaternity shall not for voluntary surrender must be

28  executed before after the birth of the minor.

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

30  placed for adoption with identified prospective adoptive

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

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  1  licensed hospital or birth center following birth, shall not

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

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

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

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

  6  whichever is earlier. A consent executed under this paragraph

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

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

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

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

11  hospital or birth center following birth, the consent to

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

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

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

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

16  with the prospective adoptive parents, whichever is later.

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

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

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

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

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

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

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

24  business addresses and social security numbers, driver license

25  numbers, or state identification card numbers must be

26  included. The absence of a social security number, driver

27  license number, or state identification card number shall not

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

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

30  the witnesses be an individual who does not have an

31  employment, professional, or personal relationship with the

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  1  adoption entity or the prospective adoptive parents. The

  2  adoption entity must give reasonable notice to the person

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

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

  5  consent or affidavit must acknowledge in writing on the

  6  consent or affidavit that such notice was given and indicate

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

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

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

10  or affidavit of nonpaternity.

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

12  16-point boldfaced type, an acknowledgment of the parent's

13  rights in substantially the following form:

14

15         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

16         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

17         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

18         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

19         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

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

21         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

22         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

23         OR WITNESSES YOU SELECTED, IF ANY.

24

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

26         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

27         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

28

29              1.  CONSULT WITH AN ATTORNEY;

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

31

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  1              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

  2         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

  3         WILLING TO CARE FOR THE CHILD;

  4              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

  5         LEGALLY PROHIBITED; AND

  6              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

  7         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

  8         THROUGH WITH THE ADOPTION.

  9

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

11         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

12         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

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

14         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

15         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

16         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

17         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

18         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

19         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

20         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

21         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

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

23         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

24         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

25         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

26         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

27         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

28         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

29

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

31         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

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  1         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

  2         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

  3         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

  4         CHILD. WHILE THE CONSENT IS VALID AND BINDING

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

  6         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

  7         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

  8         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

  9         TO THE PLACEMENT OF THE CHILD WITH THE

10         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

11         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

12         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

13         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

14         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

15         LATER.

16

17         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

18         PERIOD, YOU MUST:

19              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

20         A LETTER, THAT YOU ARE WITHDRAWING YOUR

21         CONSENT.

22              2.  MAIL THE LETTER AT A UNITED STATES

23         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

24         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

25         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

26         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

27         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

28         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

29         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

30              3.  SEND THE LETTER BY CERTIFIED UNITED

31         STATES MAIL WITH RETURN RECEIPT REQUESTED.

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  1              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

  2         THE LETTER.

  3              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

  4         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

  5         MANNER.

  6

  7         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

  8         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

  9         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,

10         IN WRITING BY CERTIFIED UNITED STATES MAIL,

11         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

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

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

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

15

16         ONCE THE REVOCATION PERIOD IS OVER, OR THE

17         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

18         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

19         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

20         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

21         FRAUD OR UNDER DURESS.

22

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

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

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

26  be met.

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

28  termination of parental rights pending adoption must be

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

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

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

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

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

  3  provided as required in this subsection, the adoption entity

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

  5  is undeliverable. The original consent and acknowledgment of

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

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

  8  undeliverable must be filed with the petition for termination

  9  of parental rights pending adoption.

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

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

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

13  notifying the adoption entity in writing by certified United

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

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

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

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

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

19  which the United States Postal Service accepts certified mail

20  for delivery.

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

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

23  adoption entity must contact the prospective adoptive parent

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

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

26  emergency hearing by the adoption entity, the court determines

27  in written findings that placement of the minor with the

28  person withdrawing consent may endanger the minor.

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

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

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

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

  2  is appropriate, whether an investigation by the department is

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

  4  available for the temporary placement.

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

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

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

  8  court may order scientific paternity testing and reserve

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

10  testing have been filed with the court.

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

12  days after notification of the withdrawal of consent or after

13  the court determines that withdrawal is valid and binding upon

14  consideration of an emergency motion, as filed pursuant to

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

16  withdrawing consent.

17         (f)  Following the revocation period for withdrawal of

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

19  child with the prospective adoptive parents, whichever occurs

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

21  the consent was obtained by fraud or under duress.

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

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

24  under duress.

25         Section 14.  Section 63.085, Florida Statutes, is

26  amended to read:

27         (Substantial rewording of section. See

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

29         63.085  Disclosure by adoption entity.--

30         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

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

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

  2  for adoption contacts an adoption entity in person or provides

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

  4  provide a written disclosure statement to that person if the

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

  6  adoption entity is assisting in the effort to terminate the

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

  8  with the adoption entity, the written disclosure must be

  9  provided within 7 days after that parent is identified and

10  located. The written disclosure statement must be in

11  substantially the following form:

12

13                       ADOPTION DISCLOSURE

14

15         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

16         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

17         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

18         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

19         ADOPTION UNDER FLORIDA LAW:

20

21              1.  Under section 63.102, Florida

22         Statutes, the existence of a placement or

23         adoption contract signed by the parent or

24         prospective adoptive parent, prior approval of

25         that contract by the court, or payment of any

26         expenses permitted under Florida law does not

27         obligate anyone to sign a consent or ultimately

28         place a minor for adoption.

29              2.  Under sections 63.092 and 63.125,

30         Florida Statutes, a favorable preliminary home

31         study, before the minor may be placed in that

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  1         home, and a final home investigation, before

  2         the adoption becomes final, must be completed.

  3              3.  Under section 63.082, Florida

  4         Statutes, a consent to adoption or affidavit of

  5         nonpaternity may not be signed until after the

  6         birth of the minor.

  7              4.  Under section 63.082, Florida

  8         Statutes, if the minor is to be placed for

  9         adoption with identified prospective adoptive

10         parents upon release from a licensed hospital

11         or birth center following birth, the consent to

12         adoption may not be signed until 48 hours after

13         birth or until the day the birth mother has

14         been notified in writing, either on her patient

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

16         be released from the licensed hospital or birth

17         center, whichever is sooner. The consent to

18         adoption or affidavit of nonpaternity is valid

19         and binding upon execution unless the court

20         finds it was obtained by fraud or under duress.

21              5.  Under section 63.082, Florida

22         Statutes, if the minor is not placed for

23         adoption with the prospective adoptive parent

24         upon release from the hospital or birth center

25         following birth, a 3-day revocation period

26         applies during which consent may be withdrawn

27         for any reason by notifying the adoption entity

28         in writing. In order to withdraw consent, the

29         written withdrawal of consent must be mailed at

30         a United States Post Office no later than 3

31         business days after execution of the consent or

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  1         1 business day after the date of the birth

  2         mother's discharge from a licensed hospital or

  3         birth center, whichever occurs later. For

  4         purposes of mailing the withdrawal of consent,

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

  6         the United States Postal Service accepts

  7         certified mail for delivery. The letter must be

  8         sent by certified United States mail, return

  9         receipt requested. Postal costs must be paid at

10         the time of mailing and the receipt should be

11         retained as proof that consent was withdrawn in

12         a timely manner.

13              6.  Under section 63.082, Florida

14         Statutes, and notwithstanding the revocation

15         period, the consent may be withdrawn at any

16         time prior to the placement of the child with

17         the prospective adoptive parent, by notifying

18         the adoption entity in writing by certified

19         United States mail, return receipt requested. 

20              7.  Under section 63.082, Florida

21         Statutes, if an adoption entity timely receives

22         written notice from a person of that person's

23         desire to withdraw consent, the adoption entity

24         must contact the prospective adoptive parent to

25         arrange a time certain to regain physical

26         custody of the child. Absent a court order for

27         continued placement of the child entered under

28         section 63.082, Florida Statutes, the adoption

29         entity must return the minor within 3 days

30         after notification of the withdrawal of consent

31         to the physical custody of the person

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  1         withdrawing consent. After the revocation

  2         period for withdrawal of consent ends, or after

  3         the placement of the child with prospective

  4         adoptive parent, whichever occurs later, the

  5         consent may be withdrawn only if the court

  6         finds that the consent was obtained by fraud or

  7         under duress.

  8              8.  Under section 63.082, Florida

  9         Statutes, an affidavit of nonpaternity, once

10         executed, may be withdrawn only if the court

11         finds that it was obtained by fraud or under

12         duress.

13              9.  Under section 63.082, Florida

14         Statutes, a person who signs a consent to

15         adoption or an affidavit of nonpaternity must

16         be given reasonable notice of his or her right

17         to select a person who does not have an

18         employment, professional, or personal

19         relationship with the adoption entity or the

20         prospective adoptive parents to be present when

21         the consent or affidavit is executed and to

22         sign the consent or affidavit as a witness.

23              10.  Under section 63.088, Florida

24         Statutes, specific and extensive efforts are

25         required by law to attempt to obtain the

26         consents required under section 63.062, Florida

27         Statutes. If these efforts are unsuccessful,

28         the court may not enter a judgment terminating

29         parental rights pending adoption until certain

30         requirements have been met.

31

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  1              11.  Under Florida law, an intermediary

  2         may represent the legal interests of only the

  3         prospective adoptive parents. Each person whose

  4         consent to an adoption is required under

  5         section 63.062, Florida Statutes, is entitled

  6         to seek independent legal advice and

  7         representation before signing any document or

  8         surrendering parental rights.

  9              12.  Under section 63.182, Florida

10         Statutes, an action or proceeding of any kind

11         to vacate, set aside, or otherwise nullify a

12         judgment of adoption or an underlying judgment

13         terminating parental rights pending adoption,

14         on any ground, including duress but excluding

15         fraud, must be filed within 1 year after entry

16         of the judgment terminating parental rights

17         pending adoption. Such an action or proceeding

18         for fraud must be filed within 2 years after

19         entry of the judgment terminating parental

20         rights.

21              13.  Under section 63.089, Florida

22         Statutes, a judgment terminating parental

23         rights pending adoption is voidable and any

24         later judgment of adoption of that minor is

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

26         court finds that any person knowingly gave

27         false information that prevented the parent

28         from timely making known his or her desire to

29         assume parental responsibilities toward the

30         minor or to exercise his or her parental

31         rights. The motion must be filed with the court

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  1         that originally entered the judgment. The

  2         motion must be filed within a reasonable time,

  3         but not later than 2 years after the date the

  4         judgment to which the motion is directed was

  5         entered.

  6              14.  Under section 63.165, Florida

  7         Statutes, the State of Florida maintains a

  8         registry of adoption information. Information

  9         about the registry is available from the

10         Department of Children and Family Services.

11              15.  Under section 63.032, Florida

12         Statutes, a court may find that a parent has

13         abandoned his or her child based on conduct

14         during the pregnancy or based on conduct after

15         the child is born. In addition, under section

16         63.089, Florida Statutes, the failure of a

17         parent to respond to notices of proceedings

18         involving his or her child shall result in

19         termination of parental rights of a parent. A

20         lawyer can explain what a parent must do to

21         protect his or her parental rights. Any parent

22         wishing to protect his or her parental rights

23         should act IMMEDIATELY.

24              16.  Each parent and prospective adoptive

25         parent is entitled to independent legal advice

26         and representation. Attorney information may be

27         obtained from the yellow pages, The Florida

28         Bar's lawyer referral service, and local legal

29         aid offices and bar associations.

30

31

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  1              17.  Counseling services may be helpful

  2         while making a parenting decision. Consult the

  3         yellow pages of the telephone directory.

  4              18.  Medical and social services support

  5         is available if the parent wishes to retain

  6         parental rights and responsibilities. Consult

  7         the Department of Children and Family Services.

  8              19.  Under section 63.039, Florida

  9         Statutes, an adoption entity has certain legal

10         responsibilities and may be liable for damages

11         to persons whose consent to an adoption is

12         required or to prospective adoptive parents for

13         failing to materially meet those

14         responsibilities. Damages may also be recovered

15         from an adoption entity if a consent to

16         adoption or affidavit of nonpaternity is

17         obtained by fraud or under duress attributable

18         to an adoption entity.

19              20.  Under section 63.097, Florida

20         Statutes, reasonable living expenses of the

21         birth mother may be paid by the prospective

22         adoptive parents and the adoption entity only

23         if the birth mother is unable to pay due to

24         unemployment, underemployment, or disability.

25         The law also allows payment of reasonable and

26         necessary medical expenses, expenses necessary

27         to comply with the requirements of chapter 63,

28         Florida Statutes, court filing expenses, and

29         costs associated with advertising. Certain

30         documented legal, counseling, and other

31         professional fees may be paid. Prior approval

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  1         of the court is not required until the

  2         cumulative total of amounts permitted exceeds

  3         $2,500 in legal or other fees, $500 in court

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

  5         cumulative expenses incurred prior to the date

  6         the prospective adoptive parent retains the

  7         adoption entity. The following fees, costs, and

  8         expenses are prohibited:

  9              a.  Any fee or expense that constitutes

10         payment for locating a minor for adoption.

11              b.  Any lump-sum payment to the entity

12         which is nonrefundable directly to the payor or

13         which is not itemized on the affidavit.

14              c.  Any fee on the affidavit which does

15         not specify the service that was provided and

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

17         fee for facilitation or acquisition.

18

19         The court may reduce amounts charged or refund

20         amounts that have been paid if it finds that

21         these amounts were more than what was

22         reasonable or allowed under the law.

23              21.  Under section 63.132, Florida

24         Statutes, the adoption entity and the

25         prospective adoptive parents must sign and file

26         with the court a written statement under oath

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

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

29         prospective adoptive parents and any adoption

30         entity in connection with the adoption. The

31         affidavit must state whether any of the

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  1         expenses were eligible to be paid for by any

  2         other source.

  3              22.  Under section 63.132, Florida

  4         Statutes, the court order approving the money

  5         spent on the adoption must be separate from the

  6         judgment making the adoption final. The court

  7         may approve only certain costs and expenses

  8         allowed under s. 63.097. The court may approve

  9         only fees that are allowed under law and that

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

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

12         adoption can be determined by reading sections

13         63.097 and 63.132, Florida Statutes.

14

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

16  must obtain a written statement acknowledging receipt of the

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

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

19  obtain such an acknowledgment, the adoption entity must

20  execute an affidavit stating why an acknowledgment could not

21  be obtained. If the disclosure was delivered by certified

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

23  signed by the person from whom acknowledgment is required is

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

25  of the acknowledgment of receipt of the disclosure must be

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

27  acknowledgment or affidavit executed by the adoption entity in

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

29  the adoption entity. The original acknowledgment or affidavit

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

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

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  1  affidavit must be included in the preliminary home study

  2  required in s. 63.092.

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

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

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

  6  making certain disclosures to a parent and obtaining a written

  7  acknowledgment of receipt must be repeated.

  8         Section 15.  Section 63.087, Florida Statutes, is

  9  created to read:

10         63.087  Proceeding to terminate parental rights pending

11  adoption; general provisions.--

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

13  a court determine whether a minor is legally available for

14  adoption through a separate proceeding terminating parental

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

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

17  Procedure govern a proceeding to terminate parental rights

18  pending adoption unless otherwise provided by law.

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

20  competent to decide child welfare or custody matters has

21  jurisdiction to hear all matters arising from a proceeding to

22  terminate parental rights pending adoption. All subsequent

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

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

25  who conducted the termination proceedings, if that judge is

26  still available within the division of the court which

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

28  unavailable, by another judge within the division.

29         (4)  VENUE.--

30         (a)  A petition to terminate parental rights pending

31  adoption must be filed:

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

  2  previous 6 months;

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

  4  not continuously resided in one county for the previous 6

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

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

  7  nonpaternity;

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

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

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

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

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

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

14  the time of execution of the consent or affidavit of

15  nonpaternity;

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

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

18  resides; or

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

20  the county where the adoption entity is located.

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

22  adoption entity is notified that a parent whose parental

23  rights are to be terminated intends to contest the

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

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

26  must be in the county where:

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

28  terminated resides;

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

30  execution of a consent or affidavit of nonpaternity; or

31

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  1         3.  The adoption entity is located if neither

  2  subparagraph 1. nor subparagraph 2. applies.

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

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

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

  6  shall immediately transfer venue to one of the counties listed

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

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

  9  who intends to contest a termination of parental rights.

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

11  entity or the petitioner shall bear the cost of venue

12  transfer.

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

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

15  judge signed the judgment terminating parental rights pending

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

17  the minor has been the subject of a judgment terminating

18  parental rights under chapter 39.

19         (6)  PETITION.--

20         (a)  A proceeding seeking to terminate parental rights

21  pending adoption pursuant to this chapter must be initiated by

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

23  minor.

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

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

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

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

28  63.082 consents in writing to the entity filing the petition.

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

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

31  the Proposed Adoption of a Minor Child."

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

  2  consolidated with a previously filed petition for a

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

  4  fee may be assessed for both the termination of parental

  5  rights and declaratory-statement petitions. 

  6         (e)  The petition to terminate parental rights pending

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

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

  9  petition. A written consent to adoption, affidavit of

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

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

12  63.062, must be executed and attached.

13         (f)  The petition must include:

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

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

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

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

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

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

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

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

22  Child Custody Jurisdiction Act or the Indian Child Welfare

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

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

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

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

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

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

29  which that city is located.

30         3.  Unless a consent to adoption or affidavit of

31  nonpaternity executed by each person whose consent is required

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

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

  3  that city is located, of:

  4         a.  The minor's mother;

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

  6  the minor's father; and

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

  8  39.01, of the minor.

  9

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

11  so state.

12         4.  All information required by the Uniform Child

13  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

15  which the petition is based.

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

17  adoption entity seeking to place the minor for adoption.

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

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

20  filed.

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

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

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

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

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

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

27  petition constitutes grounds upon which the court may

28  terminate parental rights. Notwithstanding the filing of any

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

30  terminate parental rights pending adoption whose consent to

31  adoption is required under s. 63.062 must:

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

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

  3  person may consult with an attorney;

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

  5  the petition; and

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

  7  of any consent or affidavit of nonpaternity signed by any

  8  person.

  9         Section 16.  Section 63.088, Florida Statutes, is

10  created to read:

11         63.088  Proceeding to terminate parental rights pending

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

13         (1)  INITIATE LOCATION AND IDENTIFICATION

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

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

16  adoption entity must begin the inquiry and diligent search

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

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

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

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

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

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

23  the person seeking to place a minor for adoption.

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

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

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

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

28  not executed an affidavit of nonpaternity and whose location

29  and identity have been determined by compliance with the

30  procedures in this section, must be personally served,

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

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  1  with a copy of the petition to terminate parental rights

  2  pending adoption and with notice in substantially the

  3  following form:

  4

  5                  NOTICE OF PETITION AND HEARING

  6          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

  7

  8         A petition to terminate parental rights pending

  9         adoption has been filed. A copy of the petition

10         is being served with this notice. There will be

11         a hearing on the petition to terminate parental

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

13         ... (time) ... before ... (judge) ... at ...

14         (location, including complete name and street

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

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

17         hearing. If you executed a consent or an

18         affidavit of nonpaternity and a waiver of

19         venue, you have the right to request that the

20         termination of parental rights hearing be

21         transferred to the county in which you reside.

22

23         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

24         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

25         THE COURT OR TO APPEAR AT THIS HEARING

26         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

27         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

28         THE MINOR CHILD.

29

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

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

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

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

  3  hearing and likely to have the following information regarding

  4  the identity of:

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

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

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

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

  9  the father of the minor;

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

11  time when conception of the minor may have occurred;

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

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

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

15  pregnancy;

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

17  the birth certificate of the minor or in connection with

18  applying for or receiving public assistance;

19         (f)  Any person who has acknowledged or claimed

20  paternity of the minor; and

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

22  the father.

23

24  The information required under this subsection may be provided

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

26  having personal knowledge of the facts, addressing each

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

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

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

30  required under this subsection may be conducted before the

31  birth of the minor.

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

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

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

  4  not executed a consent to adoption or an affidavit of

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

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

  7  diligent search for that person which must include inquiries

  8  concerning:

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

10  address, through an inquiry of the United States Postal

11  Service through the Freedom of Information Act;

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

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

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

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

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

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

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

19  funds have been mailed;

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

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

22  the area where the person last resided;

23         (d)  Regulatory agencies, including those regulating

24  licensing in the area where the person last resided;

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

26  such can be reasonably obtained from the petitioner or other

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

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

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

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

31  sisters, aunts, uncles, cousins, nieces, nephews,

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

  2  stepparents, and stepchildren;

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

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

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

  6  last resided;

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

  8  where the person last resided;

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

10  person last resided;

11         (j)  Department of Corrections records in the state

12  where the person last resided;

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

14  resided;

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

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

17  where the person last resided;

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

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

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

21  the area where the person last resided;

22         (o)  Search of one Internet data bank locator service;

23  and

24         (p)  Information held by all medical providers who

25  rendered medical treatment or care to the birth mother and

26  child, including the identity and location information of all

27  persons listed by the mother as being financially responsible

28  for the uninsured expenses of treatment or care and all

29  persons who made any such payments.

30

31

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  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

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  1  subsection are unknown and cannot be reasonably ascertained,

  2  the notice must so state.

  3         Section 17.  Section 63.089, Florida Statutes, is

  4  created to read:

  5         63.089  Proceeding to terminate parental rights pending

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

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

  8  pending adoption only after a full evidentiary hearing.

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

10  hearing only when:

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

12  required under s. 63.062:

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

14  filed with the court;

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

16  been executed and filed with the court; or

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

18  63.088.

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

20  under ss. 63.087 and 63.088:

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

22  personal service and an affidavit of service has been filed

23  with the court;

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

25  of publication of constructive service and an affidavit of

26  service has been filed with the court; or

27         3.  An affidavit of nonpaternity which affirmatively

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

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

30         (d)  The petition contains all information required

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

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

  2  obtained and filed with the court.

  3         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

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

  5  rights pending adoption if the court determines by clear and

  6  convincing evidence, supported by written findings of fact,

  7  that each person whose consent to adoption is required under

  8  s. 63.062:

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

10  withdrawn under s. 63.082 and the consent was obtained

11  according to the requirements of this chapter;

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

13  affidavit was obtained according to the requirements of this

14  chapter;

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

16  in accordance with the requirements of this chapter and has

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

18  hearing resulting in the judgment terminating parental rights

19  pending adoption;

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

21  in accordance with the requirements of this chapter and has

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

23  minor as defined in s. 63.032;

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

25  parent has been judicially declared incapacitated with

26  restoration of competency found to be medically improbable;

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

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

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

30  after examination of his or her written reasons for

31

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

  2  his or her consent unreasonably;

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

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

  5  the court finds, after examining written reasons for the

  6  withholding of consent, to be unreasonably withholding his or

  7  her consent; or

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

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

10  the adoption is excused by reason of prolonged and unexplained

11  absence, unavailability, incapacity, or circumstances that are

12  found by the court to constitute unreasonable withholding of

13  consent.

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

15  resulting in a termination of parental rights must be based

16  upon clear and convincing evidence. A finding of abandonment

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

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

19  abuse to a birth mother during her pregnancy.

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

21  hearing for termination of parental rights pursuant to this

22  chapter, the court must consider:

23         1.  Whether the actions alleged to constitute

24  abandonment demonstrate a willful disregard for the safety or

25  welfare of the child or unborn child;

26         2.  Whether other persons prevented the person alleged

27  to have abandoned the child from making the efforts referenced

28  in this subsection;

29         3.  Whether the person alleged to have abandoned the

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

31

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

  2  child;

  3         4.  Whether the person alleged to have abandoned the

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

  5  when such payment was requested by the person having legal

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

  7  insurance or other available sources;

  8         5.  Whether the amount of support provided or medical

  9  expenses paid was appropriate, taking into consideration the

10  needs of the child and relative means and resources available

11  to the person alleged to have abandoned the child and

12  available to the person having legal custody of the child

13  during the period the child allegedly was abandoned; and

14         6.  Whether the person having legal custody of the

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

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

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

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

19  events such as medical appointments and tests relating to the

20  child or, if unborn, the pregnancy.

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

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

23  or federal correctional institution and:

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

25  to be incarcerated will constitute a substantial portion of

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

27  years;

28         2.  The incarcerated parent has been determined by the

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

30  775.084, a habitual violent felony offender as defined in s.

31  775.084, convicted of child abuse as defined in s. 827.03, or

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

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

  3  782.04 or a sexual battery that constitutes a capital, life,

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

  5  convicted of an offense in another jurisdiction which is

  6  substantially similar to one of the offenses listed in this

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

  8  similar offense" means any offense that is substantially

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

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

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

12  Columbia, the United States or any possession or territory

13  thereof, or any foreign jurisdiction; and

14         3.  The court determines by clear and convincing

15  evidence that continuing the parental relationship with the

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

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

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

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

20  during pregnancy that the court may consider in determining

21  whether the child has been abandoned is conduct that occurred

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

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

24  63.088 have been made to inform the father that he is, or may

25  be, the father of the child.

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

27  court does not find by clear and convincing evidence that

28  parental rights of a parent should be terminated pending

29  adoption, the court must dismiss the petition with prejudice

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

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

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  1  must include written findings in support of the dismissal,

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

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

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

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

  6  affidavit of nonpaternity that the court finds was obtained by

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

  8  upon written findings providing for the placement of the

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

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

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

12  regarding the minor must be brought in a separate custody

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

14  or a paternity action under chapter 742.

15         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

16  ADOPTION.--

17         (a)  The judgment terminating parental rights pending

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

19  the grounds for terminating parental rights pending adoption.

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

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

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

23  63.062, and the respondent. The clerk shall execute a

24  certificate of each mailing.

25         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

26  RIGHTS.--

27         (a)  A judgment terminating parental rights pending

28  adoption is voidable and any later judgment of adoption of

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

30  court finds that a person knowingly gave false information

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

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  1  desire to assume parental responsibilities toward the minor or

  2  meeting the requirements under this chapter to exercise his or

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

  4  filed with the court originally entering the judgment. The

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

  6  than 2 years after the entry of the judgment terminating

  7  parental rights.

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

  9  under this subsection, the court must conduct a preliminary

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

11  between a parent and the child pending resolution of the

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

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

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

15  must be issued in writing as expeditiously as possible and

16  must state with specificity any provisions regarding contact

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

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

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

20  scientific testing to determine the paternity of the minor if

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

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

23  determined by legitimacy or scientific testing. The court may

24  order supervised visitation with a person for whom scientific

25  testing for paternity has been ordered. Such visitation shall

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

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

28  the minor.

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

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

31

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

  2  expeditiously as possible thereafter.

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

  4  records pertaining to a petition to terminate parental rights

  5  pending adoption are related to the subsequent adoption of the

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

  7  confidentiality provisions of this chapter do not apply to the

  8  extent information regarding persons or proceedings must be

  9  made available as specified under s. 63.088.

10         Section 18.  Section 63.092, Florida Statutes, is

11  amended to read:

12         63.092  Report to the court of intended placement by an

13  adoption entity; at-risk placement intermediary; preliminary

14  study.--

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

16  intermediary must report any intended placement of a minor for

17  adoption with any person not related within the third degree

18  or a stepparent if the adoption entity intermediary has

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

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

21  the home.

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

23  prospective adoptive home before the parental rights of the

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

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

26  placement, the prospective adoptive parents must acknowledge

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

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

29  is subject to removal from the prospective adoptive home by

30  the adoption entity or by court order.

31

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  1         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

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

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

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

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

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

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

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

  9  the minor child be placed in the prospective adoptive home

10  prior to the completion of the preliminary study unless

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

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

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

14  The department is required to perform the preliminary home

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

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

17  the county where the prospective adoptive parents reside.  The

18  preliminary home study must be made to determine the

19  suitability of the intended adoptive parents and may be

20  completed prior to identification of a prospective adoptive

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

22  1 year after the date of its completion.  A minor may child

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

24  favorable preliminary home study is completed unless the

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

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

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

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

29  registry and criminal records correspondence checks pursuant

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

31  intended adoptive parents;

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

  2  home;

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

  4  intended adoptive parents;

  5         (e)  Documentation of counseling and education of the

  6  intended adoptive parents on adoptive parenting;

  7         (f)  Documentation that information on adoption and the

  8  adoption process has been provided to the intended adoptive

  9  parents;

10         (g)  Documentation that information on support services

11  available in the community has been provided to the intended

12  adoptive parents; and

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

14  required by s. 63.085.; and

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

16  s. 63.085(1).

17

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

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

20  A minor may not be placed in the home if the preliminary home

21  study is unfavorable.  If the preliminary home study is

22  unfavorable, the adoption entity intermediary or petitioner

23  may, within 20 days after receipt of a copy of the written

24  recommendation, petition the court to determine the

25  suitability of the intended adoptive home.  A determination as

26  to suitability under this subsection does not act as a

27  presumption of suitability at the final hearing.  In

28  determining the suitability of the intended adoptive home, the

29  court must consider the totality of the circumstances in the

30  home.

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  1         Section 19.  Section 63.097, Florida Statutes, is

  2  amended to read:

  3         63.097  Fees.--

  4         (1)  When the adoption entity is an agency, fees may be

  5  assessed if they are approved by the department within the

  6  process of licensing the agency and if they are for:

  7         (a)  Foster care expenses;

  8         (b)  Preplacement and post-placement social services;

  9  and

10         (c)  Agency facility and administrative costs.

11         (2)  The following fees, costs, and expenses may be

12  assessed by the adoption entity or paid by the adoption entity

13  on behalf of the prospective adoptive parents:

14         (a)  Reasonable living expenses of the birth mother

15  which the birth mother is unable to pay due to unemployment,

16  underemployment, or disability due to the pregnancy which is

17  certified by a medical professional who has examined the birth

18  mother, or any other disability defined in s. 110.215.

19  Reasonable living expenses are rent, utilities, basic

20  telephone service, food, necessary clothing, transportation,

21  and expenses found by the court to be necessary for the health

22  of the unborn child.

23         (b)  Reasonable and necessary medical expenses.

24         (c)  Expenses necessary to comply with the requirements

25  of this chapter, including, but not limited to, service of

26  process under s. 63.088, a diligent search under s. 63.088, a

27  preliminary home study under s. 63.092, and a final home

28  investigation under s. 63.125.

29         (d)  Court filing expenses, court costs, and other

30  litigation expenses.

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  1         (e)  Costs associated with advertising under s.

  2  63.212(1)(g).

  3         (f)  The following professional fees:

  4         1.  A reasonable hourly fee necessary to provide legal

  5  representation to the adoptive parents or adoption entity in a

  6  proceeding filed under this chapter.

  7         2.  A reasonable hourly fee for contact with the parent

  8  related to the adoption. In determining a reasonable hourly

  9  fee under this subparagraph, the court must consider if the

10  tasks done were clerical or of such a nature that the matter

11  could have been handled by support staff at a lesser rate than

12  the rate for legal representation charged under subparagraph

13  1. Such tasks specifically do not include obtaining a parent's

14  signature on any document; such tasks include, but need not be

15  limited to, transportation, transmitting funds, arranging

16  appointments, and securing accommodations.

17         3.  A reasonable hourly fee for counseling services

18  provided to a parent or a prospective adoptive parent by a

19  psychologist licensed under chapter 490 or a clinical social

20  worker, marriage and family therapist, or mental health

21  counselor licensed under chapter 491, or a counselor who is

22  employed by an adoption entity accredited by the Council on

23  Accreditation of Services for Children and Families to provide

24  pregnancy counseling and supportive services.

25         (3)  Prior approval of the court is not required until

26  the cumulative total of amounts permitted under subsection (2)

27  exceeds:

28         (a)  $2,500 in legal or other fees;

29         (b)  $500 in court costs;

30         (c)  $3,000 in expenses; or

31

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  1         (d)  $1,500 cumulative expenses that are related to the

  2  minor, the pregnancy, a parent, or adoption proceeding, which

  3  expenses are incurred prior to the date the prospective

  4  adoptive parent retains the adoption entity.

  5         (4)  Any fees, costs, or expenses not included in

  6  subsection (2) or prohibited under subsection (5) require

  7  court approval prior to payment and must be based on a finding

  8  of extraordinary circumstances.

  9         (5)  The following fees, costs, and expenses are

10  prohibited:

11         (a)  Any fee or expense that constitutes payment for

12  locating a minor for adoption.

13         (b)  Any lump-sum payment to the entity which is

14  nonrefundable directly to the payor or which is not itemized

15  on the affidavit filed under s. 63.132.

16         (c)  Any fee on the affidavit which does not specify

17  the service that was provided and for which the fee is being

18  charged, such as a fee for facilitation, acquisition, or other

19  similar service, or which does not identify the date the

20  service was provided, the time required to provide the

21  service, the person or entity providing the service, and the

22  hourly fee charged.

23         (1)  APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over

24  $1,000 and those costs as set out in s. 63.212(1)(d) over

25  $2,500, paid to an intermediary other than actual, documented

26  medical costs, court costs, and hospital costs must be

27  approved by the court prior to assessment of the fee by the

28  intermediary and upon a showing of justification for the

29  larger fee.

30         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

31  otherwise indicated in this section, when an adoption entity

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  1  intermediary uses the services of a licensed child-placing

  2  agency, a professional, any other person or agency pursuant to

  3  s. 63.092, or, if necessary, the department, the person

  4  seeking to adopt the child must pay the licensed child-placing

  5  agency, professional, other person or agency, or the

  6  department an amount equal to the cost of all services

  7  performed, including, but not limited to, the cost of

  8  conducting the preliminary home study, counseling, and the

  9  final home investigation.  The court, upon a finding that the

10  person seeking to adopt the child is financially unable to pay

11  that amount, may order that such person pay a lesser amount.

12         Section 20.  Section 63.102, Florida Statutes, is

13  amended to read:

14         63.102  Filing of petition; venue; proceeding for

15  approval of fees and costs.--

16         (1)  A petition for adoption may not be filed until 30

17  days after the date of the entry of the judgment terminating

18  parental rights pending adoption under this chapter, unless

19  the adoptee is an adult or the minor has been the subject of a

20  judgment terminating parental rights under chapter 39. After a

21  judgment terminating parental rights has been entered, a

22  proceeding for adoption may shall be commenced by filing a

23  petition entitled, "In the Matter of the Adoption of ...." in

24  the circuit court.  The person to be adopted shall be

25  designated in the caption in the name by which he or she is to

26  be known if the petition is granted.  If the child is placed

27  for adoption by an agency, Any name by which the minor child

28  was previously known may shall not be disclosed in the

29  petition, the notice of hearing, or the judgment of adoption.

30         (2)  A petition for adoption or for a declaratory

31  statement as to the adoption contract shall be filed in the

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  1  county where the petition for termination of parental rights

  2  was granted, unless the court in accordance with s. 47.122,

  3  changes the venue to the county where the petitioner or

  4  petitioners or the minor child resides or where the agency or

  5  adoption entity with in which the minor child has been placed

  6  is located. The circuit court in this state must retain

  7  jurisdiction over the matter until a final judgment is entered

  8  on the adoption. The Uniform Child Custody Jurisdiction Act

  9  does not apply until a final judgment is entered on the

10  adoption.

11         (3)  Except for adoptions involving placement of a

12  minor child with a relative within the third degree of

13  consanguinity, a petition for adoption in an adoption handled

14  by an adoption entity intermediary shall be filed within 60 30

15  working days after entry of the judgment terminating parental

16  rights placement of a child with a parent seeking to adopt the

17  child.  If no petition is filed within 60 30 days, any

18  interested party, including the state, may file an action

19  challenging the prospective adoptive parent's physical custody

20  of the minor child.

21         (4)  If the filing of the petition for adoption or for

22  a declaratory statement as to the adoption contract in the

23  county where the petitioner or minor child resides would tend

24  to endanger the privacy of the petitioner or minor child, the

25  petition for adoption may be filed in a different county,

26  provided the substantive rights of any person will not thereby

27  be affected.

28         (5)  A proceeding for prior approval of fees and costs

29  may be commenced any time after an agreement is reached

30  between the birth mother and the adoptive parents by filing a

31  petition for declaratory statement on the agreement entitled

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  1  "In the Matter of the Proposed Adoption of a Minor Child" in

  2  the circuit court. If a petition for adoption is subsequently

  3  filed, the petition for declaratory statement and the petition

  4  for adoption must be consolidated into one case.

  5         (a)  The petition must be filed jointly by the adoption

  6  entity and each person who enters into the agreement.

  7         (b)  A contract for the payment of fees, costs, and

  8  expenses permitted under this chapter must be in writing, and

  9  any person who enters into the contract has 3 business days in

10  which to cancel the contract. To cancel the contract, the

11  person must notify the adoption entity in writing by certified

12  United States mail, return receipt requested, no later than 3

13  business days after signing the contract. For the purposes of

14  this subsection, the term "business day" means a day on which

15  the United States Postal Service accepts certified mail for

16  delivery. If the contract is canceled within the first 3

17  business days, the person who cancels the contract does not

18  owe any legal, intermediary, or other fees, but may be

19  responsible for the adoption entity's actual costs during that

20  time.

21         (c)  The court may grant prior approval only of fees

22  and expenses permitted under s. 63.097. A prior approval of

23  prospective fees and costs does not create a presumption that

24  these items will subsequently be approved by the court under

25  s. 63.132. The court, under s. 63.132, may order an adoption

26  entity to refund any amount paid under this subsection that is

27  subsequently found by the court to be greater than fees,

28  costs, and expenses actually incurred.

29         (d)  The contract may not require, and the court may

30  not approve, any lump-sum payment to the entity which is

31

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  1  nonrefundable to the payor or any amount that constitutes

  2  payment for locating a minor for adoption.

  3         (e)  A petition for adoption filed under this section

  4  may be consolidated with a previously filed petition for a

  5  declaratory statement. Only one filing fee may be assessed for

  6  both the adoption and declaratory-statement petitions.

  7         (f)  Prior approval of fees and costs by the court does

  8  not obligate the parent to ultimately relinquish the minor for

  9  adoption.

10         Section 21.  Section 63.112, Florida Statutes, is

11  amended to read:

12         63.112  Petition for adoption; description; report or

13  recommendation, exceptions; mailing.--

14         (1)  A sufficient number of copies of the petition for

15  adoption shall be signed and verified by the petitioner and

16  filed with the clerk of the court so that service may be made

17  under subsection (4) and shall state:

18         (a)  The date and place of birth of the person to be

19  adopted, if known;

20         (b)  The name to be given to the person to be adopted;

21         (c)  The date petitioner acquired custody of the minor

22  and the name of the person placing the minor;

23         (d)  The full name, age, and place and duration of

24  residence of the petitioner;

25         (e)  The marital status of the petitioner, including

26  the date and place of marriage, if married, and divorces, if

27  any;

28         (f)  The facilities and resources of the petitioner,

29  including those under a subsidy agreement, available to

30  provide for the care of the minor to be adopted;

31

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  1         (g)  A description and estimate of the value of any

  2  property of the person to be adopted;

  3         (h)  The case style and date of entry of the judgment

  4  terminating parental rights or the judgment declaring a minor

  5  available for adoption name and address, if known, of any

  6  person whose consent to the adoption is required, but who has

  7  not consented, and facts or circumstances that excuse the lack

  8  of consent; and

  9         (i)  The reasons why the petitioner desires to adopt

10  the person.

11         (2)  The following documents are required to be filed

12  with the clerk of the court at the time the petition is filed:

13         (a)  A certified copy of the court judgment terminating

14  parental rights under chapter 39 or the judgment declaring a

15  minor available for adoption under this chapter. The required

16  consents, unless consent is excused by the court.

17         (b)  The favorable preliminary home study of the

18  department, licensed child-placing agency, or professional

19  pursuant to s. 63.092, as to the suitability of the home in

20  which the minor has been placed.

21         (c)  The surrender document must include documentation

22  that an interview was interviews were held with:

23         1.  The birth mother, if parental rights have not been

24  terminated;

25         2.  The birth father, if his consent to the adoption is

26  required and parental rights have not been terminated; and

27         3.  the minor child, if older than 12 years of age,

28  unless the court, in the best interest of the minor child,

29  dispenses with the minor's child's consent under s.

30  63.062(1)(f)(c).

31

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  1  The court may waive the requirement for an interview with the

  2  birth mother or birth father in the investigation for good

  3  cause shown.

  4         (3)  Unless ordered by the court, no report or

  5  recommendation is required when the placement is a stepparent

  6  adoption or when the minor child is related to one of the

  7  adoptive parents within the third degree.

  8         (4)  The clerk of the court shall mail a copy of the

  9  petition within 24 hours after filing, and execute a

10  certificate of mailing, to the adoption entity department and

11  the agency placing the minor, if any.

12         Section 22.  Section 63.122, Florida Statutes, is

13  amended to read:

14         63.122  Notice of hearing on petition.--

15         (1)  After the petition to adopt a minor is filed, the

16  court must establish a time and place for hearing the

17  petition. The hearing may must not be held sooner than 30 days

18  after the date the judgment terminating parental rights was

19  entered or sooner than 90 days after the date the minor was

20  placed the placing of the minor in the physical custody of the

21  petitioner.  The minor must remain under the supervision of

22  the adoption entity department, an intermediary, or a licensed

23  child-placing agency until the adoption becomes final.  When

24  the petitioner is a spouse of the birth parent, the hearing

25  may be held immediately after the filing of the petition.

26         (2)  Notice of hearing must be given as prescribed by

27  the rules of civil procedure, and service of process must be

28  made as specified by law for civil actions.

29         (3)  Upon a showing by the petitioner that the privacy

30  of the petitioner or minor child may be endangered, the court

31  may order the names of the petitioner or minor child, or both,

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  1  to be deleted from the notice of hearing and from the copy of

  2  the petition attached thereto, provided the substantive rights

  3  of any person will not thereby be affected.

  4         (4)  Notice of the hearing must be given by the

  5  petitioner to the adoption entity that places the minor.:

  6         (a)  The department or any licensed child-placing

  7  agency placing the minor.

  8         (b)  The intermediary.

  9         (c)  Any person whose consent to the adoption is

10  required by this act who has not consented, unless such

11  person's consent is excused by the court.

12         (d)  Any person who is seeking to withdraw consent.

13         (5)  After filing the petition to adopt an adult, a

14  notice of the time and place of the hearing must be given to

15  any person whose consent to the adoption is required but who

16  has not consented.  The court may order an appropriate

17  investigation to assist in determining whether the adoption is

18  in the best interest of the persons involved.

19         Section 23.  Section 63.125, Florida Statutes, is

20  amended to read:

21         63.125  Final home investigation.--

22         (1)  The final home investigation must be conducted

23  before the adoption becomes final.  The investigation may be

24  conducted by a licensed child-placing agency or a professional

25  in the same manner as provided in s. 63.092 to ascertain

26  whether the adoptive home is a suitable home for the minor and

27  whether the proposed adoption is in the best interest of the

28  minor.  Unless directed by the court, an investigation and

29  recommendation are not required if the petitioner is a

30  stepparent or if the minor child is related to one of the

31  adoptive parents within the third degree of consanguinity.

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  1  The department is required to perform the home investigation

  2  only if there is no licensed child-placing agency or

  3  professional pursuant to s. 63.092 in the county in which the

  4  prospective adoptive parent resides.

  5         (2)  The department, the licensed child-placing agency,

  6  or the professional that performs the investigation must file

  7  a written report of the investigation with the court and the

  8  petitioner within 90 days after the date the petition is

  9  filed.

10         (3)  The report of the investigation must contain an

11  evaluation of the placement with a recommendation on the

12  granting of the petition for adoption and any other

13  information the court requires regarding the petitioner or the

14  minor.

15         (4)  The department, the licensed child-placing agency,

16  or the professional making the required investigation may

17  request other state agencies or child-placing agencies within

18  or outside this state to make investigations of designated

19  parts of the inquiry and to make a written report to the

20  department, the professional, or other person or agency.

21         (5)  The final home investigation must include:

22         (a)  The information from the preliminary home study.

23         (b)  After the minor child is placed in the intended

24  adoptive home, two scheduled visits with the minor child and

25  the minor's child's adoptive parent or parents, one of which

26  visits must be in the home, to determine the suitability of

27  the placement.

28         (c)  The family social and medical history as provided

29  in s. 63.082.

30         (d)  Any other information relevant to the suitability

31  of the intended adoptive home.

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  1         (e)  Any other relevant information, as provided in

  2  rules that the department may adopt.

  3         Section 24.  Section 63.132, Florida Statutes, is

  4  amended to read:

  5         63.132  Affidavit Report of expenses expenditures and

  6  receipts.--

  7         (1)  At least 10 days before the hearing on the

  8  petition for adoption, the prospective adoptive parent

  9  petitioner and any adoption entity intermediary must file two

10  copies of an affidavit under this section.

11         (a)  The affidavit must be signed by the adoption

12  entity and the prospective adoptive parents. A copy of the

13  affidavit must be provided to the adoptive parents at the time

14  the affidavit is executed.

15         (b)  The affidavit must itemize containing a full

16  accounting of all disbursements and receipts of anything of

17  value, including professional and legal fees, made or agreed

18  to be made by or on behalf of the prospective adoptive parent

19  petitioner and any adoption entity intermediary in connection

20  with the adoption. or in connection with any prior proceeding

21  to terminate parental rights which involved the minor who is

22  the subject of the petition for adoption. The affidavit must

23  also include, for each fee itemized, the service provided for

24  which the fee is being charged, the date the service was

25  provided, the time required to provide the service, the person

26  or entity that provided the service, and the hourly fee

27  charged.

28         (c)  The clerk of the court shall forward a copy of the

29  affidavit to the department.

30         (d)  The affidavit report must show any expenses or

31  receipts incurred in connection with:

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  1         1.(a)  The birth of the minor.

  2         2.(b)  The placement of the minor with the petitioner.

  3         3.(c)  The medical or hospital care received by the

  4  mother or by the minor during the mother's prenatal care and

  5  confinement.

  6         4.(d)  The living expenses of the birth mother.  The

  7  living expenses must be documented in detail to apprise the

  8  court of the exact expenses incurred.

  9         5.(e)  The services relating to the adoption or to the

10  placement of the minor for adoption that were received by or

11  on behalf of the petitioner, the adoption entity intermediary,

12  either natural parent, the minor, or any other person.

13

14  The affidavit must state whether any of these expenses were

15  paid for by collateral sources, including, but not limited to,

16  health insurance, Medicaid, Medicare, or public assistance.

17         (2)  The court may require such additional information

18  as is deemed necessary.

19         (3)  The court must issue a separate order approving or

20  disapproving the fees, costs, and expenses itemized in the

21  affidavit. The court may approve only fees, costs, and

22  expenditures allowed under s. 63.097. The court may reject in

23  whole or in part any fee, cost, or expenditure listed if the

24  court finds that the expense is:

25         (a)  Contrary to this chapter;

26         (b)  Not supported by a receipt in the record, if the

27  expense is not a fee of the adoption entity; or

28         (c)  Not a reasonable fee or expense, considering the

29  requirements of this chapter and the totality of the

30  circumstances.

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  1         (4)(3)  This section does not apply to an adoption by a

  2  stepparent whose spouse is a natural or adoptive parent of the

  3  minor child.

  4         Section 25.  Section 63.142, Florida Statutes, is

  5  amended to read:

  6         63.142  Hearing; judgment of adoption.--

  7         (1)  APPEARANCE.--The petitioner and the person to be

  8  adopted shall appear at the hearing on the petition for

  9  adoption, unless:

10         (a)  The person is a minor under 12 years of age;, or

11         (b)  The presence of either is excused by the court for

12  good cause.

13         (2)  CONTINUANCE.--The court may continue the hearing

14  from time to time to permit further observation,

15  investigation, or consideration of any facts or circumstances

16  affecting the granting of the petition.

17         (3)  DISMISSAL.--

18         (a)  If the petition is dismissed, the court shall

19  determine the person that is to have custody of the minor.

20         (b)  If the petition is dismissed, the court shall

21  state with specificity the reasons for the dismissal.

22         (4)  JUDGMENT.--At the conclusion of the hearing, after

23  when the court determines that the date for a parent to file

24  an appeal of a valid judgment terminating that parent's

25  parental rights has passed and no appeal, pursuant to the

26  Florida Rules of Appellate Procedure, is pending all necessary

27  consents have been obtained and that the adoption is in the

28  best interest of the person to be adopted, a judgment of

29  adoption shall be entered.

30         (a)  A judgment terminating parental rights pending

31  adoption is voidable and any later judgment of adoption of

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  1  that minor is voidable if, upon a motion to set aside of a

  2  parent, the court finds that any person knowingly gave false

  3  information that prevented the parent from timely making known

  4  his or her desire to assume parental responsibilities toward

  5  the minor or meeting the requirements under this chapter to

  6  exercise his or her parental rights. A motion under this

  7  paragraph must be filed with the court that entered the

  8  original judgment. The motion must be filed within a

  9  reasonable time, but not later than 2 years after the date the

10  judgment terminating parental rights was entered.

11         (b)  Except upon good cause shown, no later than 30

12  days after the filing of a motion under this subsection, the

13  court must conduct a preliminary hearing to determine what

14  contact, if any, shall be permitted between a parent and the

15  child pending resolution of the motion. Such contact shall be

16  considered only if it is requested by a parent who has

17  appeared at the hearing. If the court orders contact between a

18  parent and child, the order must be issued in writing as

19  expeditiously as possible and must state with specificity any

20  provisions regarding contact with persons other than those

21  with whom the child resides.

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

23  motion of any party or its own motion, may order scientific

24  testing to determine the paternity of the minor if the person

25  seeking to set aside the judgment is alleging to be the

26  child's father and that fact has not previously been

27  determined by legitimacy or scientific testing. The court may

28  order supervised visitation with a person for whom scientific

29  testing for paternity has been ordered. Such visitation shall

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

31

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

  2  the minor.

  3         (d)  Except upon good cause shown, no later than 45

  4  days after the preliminary hearing, the court must conduct a

  5  final hearing on the motion to set aside the judgment and

  6  issue its written order as expeditiously as possible

  7  thereafter.

  8         Section 26.  Subsection (2) of section 63.162, Florida

  9  Statutes, is amended to read:

10         63.162  Hearings and records in adoption proceedings;

11  confidential nature.--

12         (2)  All papers and records pertaining to the adoption,

13  including the original birth certificate, whether part of the

14  permanent record of the court or a file in the office of an

15  adoption entity department, in a licensed child-placing

16  agency, or in the office of an intermediary are confidential

17  and subject to inspection only upon order of the court;

18  however, the petitioner in any proceeding for adoption under

19  this chapter may, at the option of the petitioner, make public

20  the reasons for a denial of the petition for adoption.  The

21  order must specify which portion of the records are subject to

22  inspection, and it may exclude the name and identifying

23  information concerning the birth parent or adoptee. Papers and

24  records of the department, a court, or any other governmental

25  agency, which papers and records relate to adoptions, are

26  exempt from s. 119.07(1).  In the case of a nonagency

27  adoption, the department must be given notice of hearing and

28  be permitted to present to the court a report on the

29  advisability of disclosing or not disclosing information

30  pertaining to the adoption.  In the case of an agency

31  adoption, the child-caring agency registered under s. 409.176

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  1  licensed child-placing agency must be given notice of hearing

  2  and be permitted to present to the court a report on the

  3  advisability of disclosing or not disclosing information

  4  pertaining to the adoption.  This subsection does not prohibit

  5  the department from inspecting and copying any official record

  6  pertaining to the adoption that is maintained by the

  7  department and does not prohibit an agency from inspecting and

  8  copying any official record pertaining to the adoption that is

  9  maintained by that agency.

10         Section 27.  Section 63.165, Florida Statutes, is

11  amended to read:

12         63.165  State registry of adoption information; duty to

13  inform and explain.--Notwithstanding any other law to the

14  contrary, the department shall maintain a registry with the

15  last known names and addresses of an adoptee and his or her

16  natural parents whose consent was required under s. 63.062,

17  and adoptive parents and any other identifying information

18  that which the adoptee, natural parents whose consent was

19  required under s. 63.062, or adoptive parents desire to

20  include in the registry. The registry shall be open with

21  respect to all adoptions in the state, regardless of when they

22  took place. The registry shall be available for those persons

23  choosing to enter information therein, but no one shall be

24  required to do so.

25         (1)  Anyone seeking to enter, change, or use

26  information in the registry, or any agent of such person,

27  shall present verification of his or her identity and, if

28  applicable, his or her authority.  A person who enters

29  information in the registry shall be required to indicate

30  clearly the persons to whom he or she is consenting to release

31  this information, which persons shall be limited to the

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  1  adoptee and the birth natural mother, natural father whose

  2  consent was required under s. 63.062, adoptive mother,

  3  adoptive father, birth natural siblings, and maternal and

  4  paternal birth natural grandparents of the adoptee.  Except as

  5  provided in this section, information in the registry is

  6  confidential and exempt from the provisions of s. 119.07(1).

  7  Consent to the release of this information may be made in the

  8  case of a minor adoptee by his or her adoptive parents or by

  9  the court after a showing of good cause.  At any time, any

10  person may withdraw, limit, or otherwise restrict consent to

11  release information by notifying the department in writing.

12         (2)  The department may charge a reasonable fee to any

13  person seeking to enter, change, or use information in the

14  registry.  The department shall deposit such fees in a trust

15  fund to be used by the department only for the efficient

16  administration of this section. The department and agencies

17  shall make counseling available for a fee to all persons

18  seeking to use the registry, and the department shall inform

19  all affected persons of the availability of such counseling.

20         (3)  The adoption entity department, intermediary, or

21  licensed child-placing agency must inform the birth parents

22  before parental rights are terminated, and the adoptive

23  parents before placement, in writing, of the existence and

24  purpose of the registry established under this section, but

25  failure to do so does not affect the validity of any

26  proceeding under this chapter.

27         Section 28.  Section 63.182, Florida Statutes, is

28  amended to read:

29         (Substantial rewording of section. See

30         s. 63.182, F.S., for present text.)

31         63.182  Statute of repose.--

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  1         (1)  An action or proceeding of any kind to vacate, set

  2  aside, or otherwise nullify a judgment of adoption or an

  3  underlying judgment terminating parental rights on any ground,

  4  including duress but excluding fraud, shall in no event be

  5  filed more than 1 year after entry of the judgment terminating

  6  parental rights.

  7         (2)  An action or proceeding of any kind to vacate, set

  8  aside, or otherwise nullify a judgment of adoption or an

  9  underlying judgment terminating parental rights on grounds of

10  fraud shall in no event be filed more than 2 years after entry

11  of the judgment terminating parental rights.

12         Section 29.  Subsection (2) of section 63.202, Florida

13  Statutes, is amended to read:

14         63.202  Authority to license; adoption of rules.--

15         (2)  No agency shall place a minor for adoption unless

16  such agency is licensed by the department, except a

17  child-caring agency registered under s. 409.176.

18         Section 30.  Section 63.207, Florida Statutes, is

19  amended to read:

20         63.207  Out-of-state placement.--

21         (1)  Unless the parent placing a minor for adoption

22  files an affidavit that the parent chooses to place the minor

23  outside the state, giving the reason for that placement, or

24  the minor child is to be placed with a relative within the

25  third degree or with a stepparent, or the minor is a special

26  needs child, as defined in s. 409.166, or for other good cause

27  shown, an adoption entity may not no person except an

28  intermediary, an agency, or the department shall:

29         (a)  Take or send a minor child out of the state for

30  the purpose of placement for adoption; or

31

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  1         (b)  Place or attempt to place a minor child for the

  2  purpose of adoption with a family who primarily lives and

  3  works outside Florida in another state.  An intermediary may

  4  place or attempt to place a child for adoption in another

  5  state only if the child is a special needs child as that term

  6  is defined in s. 409.166.  If an adoption entity intermediary

  7  is acting under this subsection, the adoption entity must

  8  intermediary shall file a petition for declaratory statement

  9  pursuant to s. 63.102 for prior approval of fees and costs.

10  The court shall review the costs pursuant to s. 63.097.  The

11  petition for declaratory statement must be converted to a

12  petition for an adoption upon placement of the minor child in

13  the home.  The circuit court in this state must retain

14  jurisdiction over the matter until the adoption becomes final.

15  The prospective adoptive parents must come to this state to

16  have the adoption finalized.  Violation of the order subjects

17  the adoption entity intermediary to contempt of court and to

18  the penalties provided in s. 63.212.

19         (2)  An adoption entity intermediary may not counsel a

20  birth mother to leave the state for the purpose of giving

21  birth to a child outside the state in order to secure a fee in

22  excess of that permitted under s. 63.097 when it is the

23  intention that the child is to be placed for adoption outside

24  the state.

25         (3)  When applicable, the Interstate Compact on the

26  Placement of Children authorized in s. 409.401 shall be used

27  in placing children outside the state for adoption.

28         Section 31.  Section 63.212, Florida Statutes, is

29  amended to read:

30         63.212  Prohibited acts; penalties for violation;

31  preplanned adoption agreement.--

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  1         (1)  It is unlawful for any person:

  2         (a)  Except the department, an intermediary, or an

  3  agency, To place or attempt to place a minor child for

  4  adoption with a person who primarily lives and works outside

  5  this state unless the minor child is placed with a relative

  6  within the third degree or with a stepparent.  An intermediary

  7  may place or attempt to place a special needs child for

  8  adoption with a person who primarily lives and works outside

  9  this state only if the intermediary has a declaratory

10  statement from the court establishing the fees to be paid.

11  This requirement does not apply if the minor child is placed

12  by an adoption entity in accordance with s. 63.207 with a

13  relative within the third degree or with a stepparent.

14         (b)  Except the department, an intermediary, or an

15  agency, to place or attempt to place a child for adoption with

16  a family whose primary residence and place of employment is in

17  another state unless the child is placed with a relative

18  within the third degree or with a stepparent.  An intermediary

19  may place or attempt to place a special needs child for

20  adoption with a family whose primary residence and place of

21  employment is in another state only if the intermediary has a

22  declaratory statement from the court establishing the fees to

23  be paid.  This requirement does not apply if the child is

24  placed with a relative within the third degree or with a

25  stepparent.

26         (b)(c)  Except an adoption entity the Department of

27  Children and Family Services, an agency, or an intermediary,

28  to place or attempt to place within the state a minor child

29  for adoption unless the minor child is placed with a relative

30  within the third degree or with a stepparent.  This

31  prohibition, however, does not apply to a person who is

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  1  placing or attempting to place a minor child for the purpose

  2  of adoption with the adoption entity Department of Children

  3  and Family Services or an agency or through an intermediary.

  4         (c)(d)  To sell or surrender, or to arrange for the

  5  sale or surrender of, a minor child to another person for

  6  money or anything of value or to receive such minor child for

  7  such payment or thing of value.  If a minor child is being

  8  adopted by a relative within the third degree or by a

  9  stepparent, or is being adopted through an adoption entity,

10  this paragraph does not prohibit the Department of Children

11  and Family Services, an agency, or an intermediary, nothing

12  herein shall be construed as prohibiting the person who is

13  contemplating adopting the child from paying, under ss. 63.097

14  and 63.132, the actual prenatal care and living expenses of

15  the mother of the child to be adopted, or nor from paying,

16  under ss. 63.097 and 63.132, the actual living and medical

17  expenses of such mother for a reasonable time, not to exceed 6

18  weeks, if medical needs require such support, after the birth

19  of the minor child.

20         (d)(e)  Having the rights and duties of a parent with

21  respect to the care and custody of a minor to assign or

22  transfer such parental rights for the purpose of, incidental

23  to, or otherwise connected with, selling or offering to sell

24  such rights and duties.

25         (e)(f)  To assist in the commission of any act

26  prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),

27  paragraph (c), paragraph (d), or paragraph (e).

28         (f)(g)  Except an adoption entity the Department of

29  Children and Family Services or an agency, to charge or accept

30  any fee or compensation of any nature from anyone for making a

31  referral in connection with an adoption.

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  1         (g)(h)  Except an adoption entity the Department of

  2  Children and Family Services, an agency, or an intermediary,

  3  to advertise or offer to the public, in any way, by any medium

  4  whatever that a minor child is available for adoption or that

  5  a minor child is sought for adoption; and, further, it is

  6  unlawful for any person to publish or broadcast any such

  7  advertisement without including a Florida license number of

  8  the agency or, attorney, or physician placing the

  9  advertisement.

10         (h)(i)  To contract for the purchase, sale, or transfer

11  of custody or parental rights in connection with any child, or

12  in connection with any fetus yet unborn, or in connection with

13  any fetus identified in any way but not yet conceived, in

14  return for any valuable consideration.  Any such contract is

15  void and unenforceable as against the public policy of this

16  state.  However, fees, costs, and other incidental payments

17  made in accordance with statutory provisions for adoption,

18  foster care, and child welfare are permitted, and a person may

19  agree to pay expenses in connection with a preplanned adoption

20  agreement as specified below, but the payment of such expenses

21  may not be conditioned upon the transfer of parental rights.

22  Each petition for adoption which is filed in connection with a

23  preplanned adoption agreement must clearly identify the

24  adoption as a preplanned adoption arrangement and must include

25  a copy of the preplanned adoption agreement for review by the

26  court.

27         1.  Individuals may enter into a preplanned adoption

28  arrangement as specified herein, but such arrangement shall

29  not in any way:

30         a.  Effect final transfer of custody of a child or

31  final adoption of a child, without review and approval of the

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  1  department and the court, and without compliance with other

  2  applicable provisions of law.

  3         b.  Constitute consent of a mother to place her child

  4  for adoption until 7 days following birth, and unless the

  5  court making the custody determination or approving the

  6  adoption determines that the mother was aware of her right to

  7  rescind within the 7-day period following birth but chose not

  8  to rescind such consent.

  9         2.  A preplanned adoption arrangement shall be based

10  upon a preplanned adoption agreement that must which shall

11  include, but need not be limited to, the following terms:

12         a.  That the volunteer mother agrees to become pregnant

13  by the fertility technique specified in the agreement, to bear

14  the child, and to terminate any parental rights and

15  responsibilities to the child she might have through a written

16  consent executed at the same time as the preplanned adoption

17  agreement, subject to a right of rescission by the volunteer

18  mother any time within 7 days after the birth of the child.

19         b.  That the volunteer mother agrees to submit to

20  reasonable medical evaluation and treatment and to adhere to

21  reasonable medical instructions about her prenatal health.

22         c.  That the volunteer mother acknowledges that she is

23  aware that she will assume parental rights and

24  responsibilities for the child born to her as otherwise

25  provided by law for a mother, if the intended father and

26  intended mother terminate the agreement before final transfer

27  of custody is completed, or if a court determines that a

28  parent clearly specified by the preplanned adoption agreement

29  to be the biological parent is not the biological parent, or

30  if the preplanned adoption is not approved by the court

31  pursuant to the Florida Adoption Act.

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  1         d.  That an intended father who is also the biological

  2  father acknowledges that he is aware that he will assume

  3  parental rights and responsibilities for the child as

  4  otherwise provided by law for a father, if the agreement is

  5  terminated for any reason by any party before final transfer

  6  of custody is completed or if the planned adoption is not

  7  approved by the court pursuant to the Florida Adoption Act.

  8         e.  That the intended father and intended mother

  9  acknowledge that they may not receive custody or the parental

10  rights under the agreement if the volunteer mother terminates

11  the agreement or if the volunteer mother rescinds her consent

12  to place her child for adoption within 7 days after birth.

13         f.  That the intended father and intended mother may

14  agree to pay all reasonable legal, medical, psychological, or

15  psychiatric expenses of the volunteer mother related to the

16  preplanned adoption arrangement, and may agree to pay the

17  reasonable living expenses of the volunteer mother.  No other

18  compensation, whether in cash or in kind, shall be made

19  pursuant to a preplanned adoption arrangement.

20         g.  That the intended father and intended mother agree

21  to accept custody of and to assert full parental rights and

22  responsibilities for the child immediately upon the child's

23  birth, regardless of any impairment to the child.

24         h.  That the intended father and intended mother shall

25  have the right to specify the blood and tissue typing tests to

26  be performed if the agreement specifies that at least one of

27  them is intended to be the biological parent of the child.

28         i.  That the agreement may be terminated at any time by

29  any of the parties.

30         3.  A preplanned adoption agreement shall not contain

31  any provision:

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  1         a.  To reduce any amount paid to the volunteer mother

  2  if the child is stillborn or is born alive but impaired, or to

  3  provide for the payment of a supplement or bonus for any

  4  reason.

  5         b.  Requiring the termination of the volunteer mother's

  6  pregnancy.

  7         4.  An attorney who represents an intended father and

  8  intended mother or any other attorney with whom that attorney

  9  is associated shall not represent simultaneously a female who

10  is or proposes to be a volunteer mother in any matter relating

11  to a preplanned adoption agreement or preplanned adoption

12  arrangement.

13         5.  Payment to agents, finders, and intermediaries,

14  including attorneys and physicians, as a finder's fee for

15  finding volunteer mothers or matching a volunteer mother and

16  intended father and intended mother is prohibited.  Doctors,

17  psychologists, attorneys, and other professionals may receive

18  reasonable compensation for their professional services, such

19  as providing medical services and procedures, legal advice in

20  structuring and negotiating a preplanned adoption agreement,

21  or counseling.

22         6.  As used in this paragraph, the term:

23         a.  "Blood and tissue typing tests" include, but are

24  not limited to, tests of red cell antigens, red cell

25  isoenzymes, human leukocyte antigens, and serum proteins.

26         b.  "Child" means the child or children conceived by

27  means of an insemination that is part of a preplanned adoption

28  arrangement.

29         c.  "Fertility technique" means artificial

30  embryonation, artificial insemination, whether in vivo or in

31  vitro, egg donation, or embryo adoption.

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  1         d.  "Intended father" means a male who, as evidenced by

  2  a preplanned adoption agreement, intends to have the parental

  3  rights and responsibilities for a child conceived through a

  4  fertility technique, regardless of whether the child is

  5  biologically related to the male.

  6         e.  "Intended mother" means a female who, as evidenced

  7  by a preplanned adoption agreement, intends to have the

  8  parental rights and responsibilities for a child conceived

  9  through a fertility technique, regardless of whether the child

10  is biologically related to the female.

11         f.  "Parties" means the intended father and intended

12  mother, the volunteer mother and her husband, if she has a

13  husband, who are all parties to the preplanned adoption

14  agreement.

15         g.  "Preplanned adoption agreement" means a written

16  agreement among the parties that specifies the intent of the

17  parties as to their rights and responsibilities in the

18  preplanned adoption arrangement, consistent with the

19  provisions of this act.

20         h.  "Preplanned adoption arrangement" means the

21  arrangement through which the parties enter into an agreement

22  for the volunteer mother to bear the child, for payment by the

23  intended father and intended mother of the expenses allowed by

24  this act, for the intended father and intended mother to

25  assert full parental rights and responsibilities to the child

26  if consent to adoption is not rescinded after birth by the

27  volunteer mother, and for the volunteer mother to terminate,

28  subject to a right of rescission, in favor of the intended

29  father and intended mother all her parental rights and

30  responsibilities to the child.

31

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  1         i.  "Volunteer mother" means a female person at least

  2  18 years of age who voluntarily agrees, subject to a right of

  3  rescission, that if she should become pregnant pursuant to a

  4  preplanned adoption arrangement, she will terminate in favor

  5  of the intended father and intended mother her parental rights

  6  and responsibilities to the child.

  7         (2)(a)  It is unlawful for any person under this

  8  chapter to:

  9         1.  Knowingly provide false information;

10         2.  Knowingly withhold material information; or

11         3.  For a parent, with the intent to defraud, to accept

12  benefits related to the same pregnancy from more than one

13  adoption entity without disclosing that fact to each entity.

14         (b)  It is unlawful for any person who knows that the

15  parent whose rights are to be terminated intends to object to

16  said termination to intentionally file the petition for

17  termination of parental rights in a county inconsistent with

18  the required venue under such circumstances.

19         (c)  Any person who willfully violates any provision of

20  this subsection commits a misdemeanor of the second degree,

21  punishable as provided in s. 775.082 or s. 775.083. In

22  addition, such person is liable for damages caused by such

23  acts or omissions, including reasonable attorney's fees and

24  costs. Damages may be awarded through restitution in any

25  related criminal prosecution or by filing a separate civil

26  action.

27         (3)(2)  This section does not Nothing herein shall be

28  construed to prohibit an adoption entity a licensed

29  child-placing agency from charging fees permitted under this

30  chapter and reasonably commensurate to the services provided.

31

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  1         (4)(3)  It is unlawful for any adoption entity

  2  intermediary to fail to report to the court, prior to

  3  placement, the intended placement of a minor child for

  4  purposes of adoption with any person not a stepparent or a

  5  relative within the third degree, if the adoption entity

  6  intermediary participates in such intended placement.

  7         (5)(4)  It is unlawful for any adoption entity

  8  intermediary to charge any fee except those fees permitted

  9  under s. 63.097 and approved under s. 63.102 over $1,000 and

10  those costs as set out in paragraph (1)(d) over $2,500, other

11  than for actual documented medical costs, court costs, and

12  hospital costs unless such fee is approved by the court prior

13  to the assessment of the fee by the intermediary and upon a

14  showing of justification for the larger fee.

15         (6)(5)  It is unlawful for any adoption entity

16  intermediary to counsel a birth mother to leave the state for

17  the purpose of giving birth to a child outside the state in

18  order to secure a fee in excess of that permitted under s.

19  63.097 when it is the intention that the child be placed for

20  adoption outside the state.

21         (7)(6)  It is unlawful for any adoption entity

22  intermediary to obtain a preliminary home study or final home

23  investigation and fail to disclose the existence of the study

24  or investigation to the court.

25         (8)(7)  Unless otherwise indicated, a person who

26  violates any provision of this section, excluding paragraph

27  (1)(g)(h), commits is guilty of a felony of the third degree,

28  punishable as provided in s. 775.082, s. 775.083, or s.

29  775.084.  A person who violates paragraph (1)(g)(h) commits is

30  guilty of a misdemeanor of the second degree, punishable as

31

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  1  provided in s. 775.083; and each day of continuing violation

  2  shall be considered a separate offense.

  3         Section 32.  Section 63.219, Florida Statutes, is

  4  amended to read:

  5         63.219  Sanctions.--Upon a finding by the court that an

  6  adoption entity intermediary or agency has violated any

  7  provision of this chapter, the court is authorized to prohibit

  8  the adoption entity intermediary or agency from placing a

  9  minor for adoption in the future.

10         Section 33.  Paragraph (c) of subsection (1) and

11  paragraph (c) of subsection (2) of section 63.301, Florida

12  Statutes, are amended to read:

13         63.301  Advisory council on adoption.--

14         (1)  There is created within the Department of Children

15  and Family Services an advisory council on adoption.  The

16  council shall consist of 17 members to be appointed by the

17  Secretary of Children and Family Services as follows:

18         (c)  One member shall be a representative from a

19  child-caring agency registered under s. 409.176 that physician

20  licensed to practice in Florida who, as an intermediary,

21  places or has placed children for adoption.

22

23  All members shall be appointed to serve 2-year terms.

24         (2)  The functions of the council shall be to:

25         (c)  Review and evaluate law, procedures, policies, and

26  practice regarding the protection of children placed for

27  adoption, birth parents, and adoptive parents utilizing the

28  services of an adoption entity the Department of Children and

29  Family Services, licensed child-placing agencies, and

30  intermediaries, to determine areas needing legislative,

31  administrative, or other interventions.

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  1         Section 34.  Subsection (51) of section 39.01, Florida

  2  Statutes, is amended to read:

  3         39.01  Definitions.--When used in this chapter, unless

  4  the context otherwise requires:

  5         (51)  "Participant," for purposes of a shelter

  6  proceeding, dependency proceeding, or termination of parental

  7  rights proceeding, means any person who is not a party but who

  8  should receive notice of hearings involving the child,

  9  including foster parents or the legal custodian of the child,

10  identified prospective parents, or grandparents entitled to

11  priority for adoption consideration under s. 63.0425, actual

12  custodians of the child, and any other person whose

13  participation may be in the best interest of the child. A

14  community-based agency under contract with the department to

15  provide protective services may be designated as a participant

16  at the discretion of the court. Participants may be granted

17  leave by the court to be heard without the necessity of filing

18  a motion to intervene.

19         Section 35.  Subsection (41) of section 984.03, Florida

20  Statutes, is amended to read:

21         984.03  Definitions.--When used in this chapter, the

22  term:

23         (41)  "Parent" means a woman who gives birth to a child

24  and a man whose consent to the adoption of the child would be

25  required under s. 63.062(1)(b). If a child has been legally

26  adopted, the term "parent" means the adoptive mother or father

27  of the child. The term does not include an individual whose

28  parental relationship to the child has been legally

29  terminated, or an alleged or prospective parent, unless the

30  parental status falls within the terms of either s. 39.503(1)

31  or s. 63.062(1)(b).

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  1         Section 36.  Subsection (43) of section 985.03, Florida

  2  Statutes, is amended to read:

  3         985.03  Definitions.--When used in this chapter, the

  4  term:

  5         (43)  "Parent" means a woman who gives birth to a child

  6  and a man whose consent to the adoption of the child would be

  7  required under s. 63.062(1)(b). If a child has been legally

  8  adopted, the term "parent" means the adoptive mother or father

  9  of the child. The term does not include an individual whose

10  parental relationship to the child has been legally

11  terminated, or an alleged or prospective parent, unless the

12  parental status falls within the terms of either s. 39.503(1)

13  or s. 63.062(1)(b).

14         Section 37.  Section 63.072, Florida Statutes, is

15  repealed.

16         Section 38.  Any petition for adoption filed before

17  October 1, 2000, shall be governed by the law in effect at the

18  time the petition was filed.

19         Section 39.  If any provision of this act or the

20  application thereof to any person or circumstance is held

21  invalid, the invalidity does not affect other provisions or

22  applications of the act which can be given effect without the

23  invalid provision or application, and to this end the

24  provisions of this act are declared severable.

25         Section 40.  This act shall take effect October 1,

26  2000.

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  2                          HOUSE SUMMARY

  3
      Revises various provisions of the Florida Adoption Act.
  4    Deletes provisions that authorize a child-placing agency
      to petition for termination of a child's parental rights
  5    under ch. 39, F.S. Revises the requirements for executing
      a consent to an adoption. Requires that the Department of
  6    Children and Family Services and other agencies that
      participate in placing persons for adoption make certain
  7    disclosures to persons seeking to adopt and to the birth
      parents of a minor placed for adoption. Requires that the
  8    court hold a separate proceeding before the hearing on
      the adoption to determine whether a minor is available
  9    for adoption. Provides requirements for identifying and
      locating persons who must be notified of the proceeding.
10    Specifies grounds upon which the court may declare that a
      minor is available for adoption. Provides requirements
11    for the court in determining whether a minor has been
      abandoned. Revises requirements for the court in
12    approving fees and costs paid in an adoption procedure.
      Provides that approval by the court of such fees and
13    costs does not obligate the birth parent to relinquish a
      minor for adoption. Specifies circumstances under which a
14    judgment declaring a minor available for adoption is
      void. See bill for details.
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