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  1

  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 authority of licensed

  7         child-placing agencies to file actions to

  8         terminate parental rights; amending s. 39.812,

  9         F.S.; providing additional requirements for a

10         petition for adoption; prohibiting filing such

11         petition until the order terminating parental

12         rights is final; amending s. 63.022, F.S.;

13         revising legislative intent with respect to

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

15         definitions; defining "adoption entity," "legal

16         custody," "parent," and "relative"; creating s.

17         63.037, F.S.; providing exemptions from certain

18         provisions of ch. 63, F.S., for adoption

19         proceedings initiated under ch. 39, F.S.;

20         creating s. 63.039, F.S.; providing duties of

21         an adoption entity to prospective adoptive

22         parents; providing sanctions and an award of

23         attorney's fees under certain circumstances;

24         amending s. 63.0425, F.S.; conforming

25         provisions relating to grandparent's right to

26         adopt; amending s. 63.0427, F.S.; allowing

27         biological relatives to have communication or

28         contact with an adoptive child under certain

29         conditions; amending s. 63.052, F.S.; providing

30         for placement of a minor pending adoption;

31         specifying the jurisdiction of the court over a


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  1         minor placed for adoption; amending s. 63.062,

  2         F.S.; specifying additional persons who must

  3         consent to an adoption, execute an affidavit of

  4         nonpaternity, or receive notice of proceedings

  5         to terminate parental rights; providing for

  6         form and content of affidavit of nonpaternity;

  7         providing for notice of the right to select a

  8         witness; providing a form for waiver of venue;

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

10         and form for executing a consent to an

11         adoption; making such requirements applicable

12         to affidavit of nonpaternity; providing a

13         revocation period and requirements for

14         withdrawing consent; providing additional

15         disclosure requirements; revising requisite

16         history form to include social history;

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

18         information that must be disclosed to persons

19         seeking to adopt a minor and to the parents;

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

21         separate proceeding be conducted by the court

22         to determine whether a parent's parental rights

23         should be terminated; providing for rules,

24         jurisdiction, and venue for such proceedings;

25         providing requirements for the petition and

26         hearing; requiring notification to

27         grandparents; creating s. 63.088, F.S.;

28         providing diligent search and court inquiry

29         requirements for identifying and locating a

30         person who is required to consent to an

31         adoption or receive notice of proceedings to


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  1         terminate parental rights; providing notice

  2         requirements including notice by constructive

  3         service; providing that failure to respond or

  4         appear constitutes grounds to terminate

  5         parental rights pending adoption; creating s.

  6         63.089, F.S.; providing hearing procedures for

  7         proceedings to terminate parental rights

  8         pending adoption; specifying grounds upon which

  9         parental rights may be terminated; providing

10         for finding of abandonment; providing for

11         dismissal of petition procedures; providing for

12         postjudgment relief; providing for

13         confidentiality of records; amending s. 63.092,

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

15         placement before termination of parental

16         rights; prohibiting placement of minors in

17         homes with certain criminal offenders; amending

18         s. 63.097, F.S.; revising fee requirements to

19         provide for allowable and prohibited fees and

20         costs; amending s. 63.102, F.S.; revising

21         requirements for filing a petition for

22         adoption; providing requirements for prior

23         approval of fees and costs; revising

24         requirements for declaratory statement as to

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

26         revising requirements for form and content of a

27         petition for adoption; amending s. 63.122,

28         F.S.; revising the time requirements for

29         hearing a petition for adoption; amending s.

30         63.125, F.S.; conforming provisions relating to

31         the final home investigation; amending s.


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  1         63.132, F.S.; revising requirements for

  2         affidavit of expenses and receipts; requiring

  3         separate court order approving fees, costs, and

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

  5         circumstances under which a judgment

  6         terminating parental rights pending adoption is

  7         voidable; providing for an evidentiary hearing

  8         to determine the minor's placement following a

  9         motion to void such a judgment; amending s.

10         63.162, F.S.; conforming provisions relating to

11         confidential records of adoption proceedings;

12         amending s. 63.165, F.S.; requiring that the

13         Department of Children and Family Services

14         maintain certain information in the state

15         registry of adoption information for a

16         specified period; amending s. 63.202, F.S.;

17         conforming provisions relating to agencies

18         authorized to place minors for adoption;

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

20         that limit the placement of a minor in another

21         state for adoption; amending s. 63.212, F.S.;

22         revising provisions relating to prohibitions

23         and penalties with respect to adoptions;

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

25         relating to sanctions; creating s. 63.2325,

26         F.S.; providing conditions for revocation of a

27         consent to adoption or withdrawal of an

28         affidavit of nonpaternity; amending ss. 984.03

29         and 985.03, F.S.; conforming cross references;

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

31         who may waive required consent to an adoption;


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  1         requiring that a petition for adoption be

  2         governed by the law in effect at the time the

  3         petition is filed; providing for severability;

  4         creating s. 395.1024, F.S.; requiring a

  5         licensed facility to adopt protocol for staff

  6         concerning adoption; creating s. 383.310, F.S.;

  7         requiring a licensed facility to adopt protocol

  8         for staff concerning adoption; providing an

  9         effective date.

10

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

12

13         Section 1.  Section 39.703, Florida Statutes, is

14  amended to read:

15         39.703  Initiation of termination of parental rights

16  proceedings; judicial review.--

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

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

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

20  their responsibilities as specified in the written case plan

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

22  shall state its intent to initiate proceedings to terminate

23  parental rights, unless the social service agency can

24  demonstrate to the court that such a recommendation would not

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

26  department or licensed child-placing agency to initiate

27  proceedings to terminate parental rights, the department or

28  licensed child-placing agency shall file a petition for

29  termination of parental rights no later than 3 months after

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

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


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  1  licensed child-placing agency shall provide a written report

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

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

  4  anticipated date of completion of the process.

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

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

  7  the parents, the department social service agency shall

  8  initiate termination of parental rights proceedings under this

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

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

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

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

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

14  detailed findings justifying the decision to extend, as well

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

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

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

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

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

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

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

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

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

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

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

26  initiate termination of parental rights proceedings at the

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

28  such review does not prohibit initiating termination of

29  parental rights proceedings at any other time.

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

31  Florida Statutes, are amended to read:


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  1         39.802  Petition for termination of parental rights;

  2  filing; elements.--

  3         (1)  All proceedings seeking an adjudication to

  4  terminate parental rights pursuant to this chapter must be

  5  initiated by the filing of an original petition by the

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

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

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

  9  true.

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

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

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

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

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

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

16  Statutes, is amended to read:

17         39.806  Grounds for termination of parental rights.--

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

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

20  facts alleged or who is informed of those said facts and

21  believes that they are true, may petition for the termination

22  of parental rights under any of the following circumstances:

23         (a)  When the parent or parents have voluntarily

24  executed a written surrender of the child and consented to the

25  entry of an order giving custody of the child to the

26  department or to a licensed child-placing agency for

27  subsequent adoption and the department or licensed

28  child-placing agency is willing to accept custody of the

29  child.

30

31


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  1         1.  The surrender document must be executed before two

  2  witnesses and a notary public or other person authorized to

  3  take acknowledgments.

  4         2.  The surrender and consent may be withdrawn after

  5  acceptance by the department or licensed child-placing agency

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

  7  consent were obtained by fraud or under duress.

  8         (b)  Abandonment as defined in s. 39.01(1) or when the

  9  identity or location of the parent or parents is unknown and

10  cannot be ascertained by diligent search within 60 days.

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

12  toward the child or toward other children that demonstrates

13  that the continuing involvement of the parent or parents in

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

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

16  child irrespective of the provision of services. Provision of

17  services may be evidenced by proof that services were provided

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

19  welfare agency.

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

21  state or federal correctional institution and either:

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

23  to be incarcerated will constitute a substantial portion of

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

25  years;

26         2.  The incarcerated parent has been determined by the

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

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

29  775.084, or a sexual predator as defined in s. 775.21; has

30  been convicted of first degree or second degree murder in

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


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

  2  or has been convicted of an offense in another jurisdiction

  3  which is substantially similar to one of the offenses listed

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

  5  "substantially similar offense" means any offense that is

  6  substantially similar in elements and penalties to one of

  7  those listed in this subparagraph, and that is in violation of

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

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

10  possession or territory thereof, or any foreign jurisdiction;

11  or

12         3.  The court determines by clear and convincing

13  evidence that continuing the parental relationship with the

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

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

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

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

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

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

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

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

22  substantially comply for a period of 12 months after an

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

24  placement into shelter care, whichever came first, constitutes

25  evidence of continuing abuse, neglect, or abandonment unless

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

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

28  the failure of the department to make reasonable efforts to

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

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

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


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

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

  3  reunification with the parent, whichever came first.

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

  5  conduct or had the opportunity and capability to prevent and

  6  knowingly failed to prevent egregious conduct that threatens

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

  8  the child or the child's sibling.

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

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

11  parent or parents regardless of whether the child is related

12  legally or by consanguinity.

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

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

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

16  or outrageous by a normal standard of conduct. Egregious

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

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

19  endanger the life of the child.

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

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

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

23  chronic abuse.

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

25  or voluntary manslaughter of another child, or a felony

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

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

28  solicited to commit such a murder or voluntary manslaughter or

29  felony assault.

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

31  sibling have been terminated involuntarily.


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

  2  Florida Statutes, are amended to read:

  3         39.811  Powers of disposition; order of disposition.--

  4         (2)  If the child is in the custody of the department

  5  and the court finds that the grounds for termination of

  6  parental rights have been established by clear and convincing

  7  evidence, the court shall, by order, place the child in the

  8  custody of the department or a licensed child-placing agency

  9  for the purpose of adoption.

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

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

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

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

14  shall provide to the court an amended case plan that which

15  identifies the permanency goal for the child. Reasonable

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

17  accordance with the permanency plan and to complete whatever

18  steps are necessary to finalize the permanent placement of the

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

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

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

22  intervals to review the progress being made toward permanency

23  for the child.

24         Section 5.  Section 39.812, Florida Statutes, is

25  amended to read:

26         39.812  Postdisposition relief; petition for

27  adoption.--

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

29  department which is given custody of a child for subsequent

30  adoption in accordance with this chapter, the department may

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


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

  2  family home for prospective subsequent adoption., and the

  3  licensed child-placing agency or The department may thereafter

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

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

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

  7  shall in all cases be sufficient.

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

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

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

11  any time after the order terminating parental rights is

12  entered of the whereabouts of the child or of the identity or

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

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

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

16  other proceeding involving the child brought by any parent of

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

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

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

20  the child before a court of competent jurisdiction if the

21  child is still subject to the guardianship of the licensed

22  child-placing agency or department.

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

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

25  licensed child-placing agency or department to guardianship of

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

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

28  the person of the child.

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

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

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


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

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

  3  court has jurisdiction for the purpose of reviewing the status

  4  of the child and the progress being made toward permanent

  5  adoptive placement. As part of this continuing jurisdiction,

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

  7  the court may review the appropriateness of the adoptive

  8  placement of the child.

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

10  division of the circuit court which entered the judgment

11  terminating parental rights, unless a motion for change of

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

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

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

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

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

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

18  if such information is available or readily obtainable. The

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

20  adoption until the judgment terminating parental rights

21  becomes final. An adoption proceeding under this subsection is

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

23         Section 6.  Section 63.022, Florida Statutes, is

24  amended to read:

25         63.022  Legislative intent.--

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

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

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

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

30  possible, to maintain sibling groups.

31


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

  2  this chapter act are that:

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

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

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

  6  court.

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

  8  court considers the reports of these studies prior to judgment

  9  on adoption petitions.

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

11  to the Department of Children and Family Services.

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

13  the minor child has lived within the proposed adoptive home

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

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

16  agency.

17         (f)  All expenditures by adoption entities

18  intermediaries placing, and persons independently adopting, a

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

20  in the file of the adoption proceedings.

21         (g)  Social and medical information concerning the

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

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

24  hearing on a petition to terminate parental rights pending

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

26  intermediary.

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

28  the adoption judgment.

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

30  authorized to order temporary substitute care when it

31  determines that the minor is in an unsuitable home.


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  1         (j)  The records of all proceedings concerning custody

  2  and adoption of a minor children are confidential and exempt

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

  4  63.162.

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

  6  and the minor child receive, at a minimum, the same or similar

  7  safeguards, guidance, counseling, and supervision required in

  8  this chapter in an intermediary adoption as they receive in an

  9  agency or department adoption.

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

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

12  orders as it deems necessary and suitable to promote and

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

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

15  where termination of parental rights occurs, and siblings are

16  separated despite diligent efforts of the department,

17  continuing postadoption communication or contact among the

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

19  best interests of the children.

20         Section 7.  Section 63.032, Florida Statutes, is

21  amended to read:

22         63.032  Definitions.--As used in this chapter act,

23  unless the context otherwise requires, the term:

24         (1)(14)  "Abandoned" means a situation in which the

25  parent or person having legal custody legal custodian of a

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

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

28  which situation is sufficient to evince a willful rejection of

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

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

31  child legal custodian to support and communicate with the


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

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

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

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

  5  mother during her pregnancy.

  6         (2)(10)  "Adoption" means the act of creating the legal

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

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

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

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

11  child born to such adoptive parents in lawful wedlock.

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

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

14  intermediary.

15         (4)(5)  "Adult" means a person who is not a minor.

16         (5)(7)  "Agency" means any child-placing agency

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

18  minors for adoption.

19         (6)(2)  "Child" means a son or daughter, whether by

20  birth or adoption.

21         (7)(3)  "Court" means any circuit court of this state

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

23  empowered to grant petitions for adoption.

24         (8)(1)  "Department" means the Department of Children

25  and Family Services.

26         (9)(8)  "Intermediary" means an attorney or physician

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

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

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

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

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


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

  2  39.01.

  3         (11)(4)  "Minor" means a person under the age of 18

  4  years.

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

  6  39.01.

  7         (13)(6)  "Person" includes a natural person,

  8  corporation, government or governmental subdivision or agency,

  9  business trust, estate, trust, partnership, or association,

10  and any other legal entity.

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

12  39.01.

13         (15)(9)  "To place" or "placement" means the process of

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

15  parents receiving and adopting the child, and includes all

16  actions by any person or adoption entity agency participating

17  in the process.

18         (16)(13)  "Primarily lives and works outside Florida"

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

20  residence and place of employment in Florida."

21         (17)(12)  "Primary residence and place of employment in

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

23  6 months of the year and intends to do so for the foreseeable

24  future or military personnel who designate Florida as their

25  place of residence in accordance with the Soldiers' and

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

27  States Department of State living in a foreign country who

28  designate Florida as their place of residence.

29         (18)(11)  "Suitability of the intended placement"

30  includes the fitness of the intended placement, with primary

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


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  1  fitness and capabilities of the adoptive parent or parents to

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

  3  familial relationship between the child and the prospective

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

  5  which the child is intended to be placed.

  6         Section 8.  Section 63.037, Florida Statutes, is

  7  created to read:

  8         63.037  Proceedings applicable to cases resulting from

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

10  which a minor becomes available for adoption after the

11  parental rights of each parent have been terminated by a

12  judgment entered pursuant to chapter 39 shall be governed by

13  s. 39.812 and this chapter. Adoption proceedings initiated

14  under chapter 39 are exempt from the following provisions of

15  this chapter: disclosure requirements for the adoption entity

16  provided in s. 63.085; general provisions governing

17  termination of parental rights pending adoption provided in s.

18  63.087; notice and service provisions governing termination of

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

20  procedures for terminating parental rights pending adoption

21  provided in s. 63.089.

22         Section 9.  Section 63.039, Florida Statutes, is

23  created to read:

24         63.039  Duty of adoption entity to prospective adoptive

25  parents; sanctions.--

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

27  has an affirmative duty to follow the requirements of this

28  chapter and specifically the following provisions, which

29  protect and promote the well-being of persons being adopted

30  and their parents and prospective adoptive parents by

31


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  1  promoting certainty, finality, and permanency for such

  2  persons. The adoption entity must:

  3         (a)  Provide written initial disclosure to the

  4  prospective adoptive parent at the time and in the manner

  5  required under s. 63.085.

  6         (b)  Provide written initial and postbirth disclosure

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

  8  63.085.

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

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

11  under s. 63.082.

12         (d)  When a written consent or affidavit of

13  nonpaternity for adoption is obtained, obtain a consent to

14  adoption or affidavit of nonpaternity that contains the

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

16         (e)  Include in the petition to terminate parental

17  rights pending adoption all information required under s.

18  63.087(6)(e) and (f).

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

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

21  orally in the presence of the court.

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

23  adoption is necessary under this chapter is known but the

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

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

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

27  terminate parental rights pending adoption at the time and in

28  the manner required by s. 63.088.

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

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

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


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

  2  whose rights are to be terminated resides.

  3         (2)  If a court finds that a consent to adoption or an

  4  affidavit of nonpaternity taken under this chapter was

  5  obtained by fraud or under duress attributable to the adoption

  6  entity, the court must award all sums paid by the prospective

  7  adoptive parents or on their behalf in anticipation of or in

  8  connection with the adoption. The court may also award

  9  reasonable attorney's fees and costs incurred by the

10  prospective adoptive parents in connection with the adoption

11  and any litigation related to placement or adoption of a

12  minor. The court must award reasonable attorney's fees and

13  costs, if any, incurred by the person whose consent or

14  affidavit was obtained by fraud or under duress. Any award

15  under this subsection to the prospective adoptive parents or

16  to the person whose consent or affidavit was obtained by fraud

17  or under duress must be paid directly to them by the adoption

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

19  adoption entity.

20         (3)  If a person whose consent to an adoption is

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

22  judgment terminating parental rights pending adoption, or a

23  judgment of adoption, the court must award reasonable

24  attorney's fees and costs to the prevailing party. An award

25  under this subsection must be paid by the adoption entity or

26  by any applicable insurance carrier on behalf of the adoption

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

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

29  the prevailing party.

30         (4)  Within 30 days after the date that the order was

31  issued, the clerk of the court must forward to:


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  1         (a)  The Florida Bar any order that imposes sanctions

  2  under this section against an attorney acting as an adoption

  3  entity.

  4         (b)  The Department of Children and Family Services any

  5  order that imposes sanctions under this section against a

  6  licensed child-placing agency or a child-placing agency

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

  8         (c)  The entity under s. 409.176 that certifies

  9  child-caring agencies any order that imposes sanctions under

10  this section against a child-caring agency registered under s.

11  409.176.

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

13  Statutes, is amended to read:

14         63.0425  Grandparent's right to adopt.--

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

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

17  agency or intermediary handling the adoption shall notify that

18  grandparent of the impending adoption before the petition for

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

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

21  adoption to that grandparent.

22         Section 11.  Section 63.0427, Florida Statutes, is

23  amended to read:

24         63.0427  Adopted minor's right to continued

25  communication or contact with siblings.--

26         (1)  A child whose parents have had their parental

27  rights terminated and whose custody has been awarded to the

28  department pursuant to s. 39.811, and who is the subject of a

29  petition for adoption under this chapter, shall have the right

30  to have the court consider the appropriateness of postadoption

31  communication or contact, including, but not limited to,


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  1  visits, letters and cards, or telephone calls, with his or her

  2  siblings or, upon agreement of the adoptive parents, other

  3  specified biological relatives who are not included in the

  4  petition for adoption.  The court shall determine if the best

  5  interests of the child support such continued communication or

  6  contact and shall consider the following in making such

  7  determination:

  8         (a)  Any orders of the court pursuant to s. 39.811(7).

  9         (b)  Recommendations of the department, the foster

10  parents if other than the adoptive parents, and the guardian

11  ad litem.

12         (c)  Statements of prospective adoptive parents.

13         (d)  Any other information deemed relevant and material

14  by the court.

15

16  If the court determines that the child's best interests will

17  be served by postadoption communication or contact with any

18  sibling or, upon agreement of the adoptive parents, other

19  specified biological relatives, the court shall so order,

20  stating the nature and frequency for the communication or

21  contact. This order shall be made a part of the final adoption

22  order, but in no event shall continuing validity of the

23  adoption be contingent upon such postadoption communication or

24  contact, nor shall the ability of the adoptive parents and

25  child to change residence within or outside the State of

26  Florida be impaired by such communication or contact.

27         (2)  Notwithstanding the provisions of s. 63.162, the

28  adoptive parent may petition for review at any time of a

29  sibling's or other specified biological relatives' sibling

30  communication or contact ordered pursuant to subsection (1),

31  if the adoptive parent believes that the best interests of the


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  1  adopted child are being compromised, and the court shall have

  2  authority to order the communication or contact to be

  3  terminated, or to order such conditions in regard to

  4  communication or contact as the court deems to be in the best

  5  interests of the adopted child.  As part of the review

  6  process, the court may order the parties to engage in

  7  mediation.  The department shall not be required to be a party

  8  to such review.

  9         Section 12.  Section 63.052, Florida Statutes, is

10  amended to read:

11         63.052  Guardians designated; proof of commitment.--

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

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

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

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

16  for those who have been placed for adoption with and

17  permanently committed to the department, the department shall

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

19         (2)  For minors who have been voluntarily surrendered

20  to an intermediary through an execution of consent to

21  adoption, the intermediary shall be responsible for the minor

22  child until the time a court orders preliminary approval of

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

24  at which time the prospective adoptive parents become

25  guardians pending finalization of adoption. Until a court has

26  terminated parental rights pending adoption and has ordered

27  preliminary approval of placement of the minor in the adoptive

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

29  defined in s. 39.01, in foster care as defined in s. 39.01, or

30  in the care of a prospective adoptive home. No minor shall be

31  placed in a prospective adoptive home until that home has


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  1  received a favorable preliminary home study by a licensed

  2  child-placing agency, a licensed professional, or an agency,

  3  as provided in s. 63.092, within 1 year before such placement

  4  in the prospective home. Temporary placement in the

  5  prospective home with the prospective adoptive parents does

  6  not give rise to a presumption that the parental rights of the

  7  parents will subsequently be terminated.

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

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

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

11  responsibility and authority to provide for the needs and

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

13  with or voluntarily surrendered to the department, but not

14  permanently committed to the department, the department shall

15  have the responsibility and authority to provide for the needs

16  and welfare for such minors.  The adoption entity may

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

18  agency has the authority to authorize all appropriate medical

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

20  adoption with or voluntarily surrendered to the adoption

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

22  effect notwithstanding the guardianship provisions in this

23  section.

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

25  subsequent adoption and a suitable prospective adoptive home

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

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

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

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

30  center, the minor must be placed in foster care, the

31


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  1  intermediary shall be responsible for the child until such a

  2  suitable prospective adoptive home is available.

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

  4  adoption entity intermediary for subsequent adoption and the

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

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

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

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

  9  best interest of the minor child.

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

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

12  permanently committed to the department shall be prima facie

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

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

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

16  agency that the minor child has been permanently committed and

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

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

19  license.

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

21  is not responsible for expenses incurred by other adoption

22  entities licensed child-placing agencies or intermediaries

23  participating in placement of a minor child for the purposes

24  of adoption.

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

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

27  minor is placed with an adoption entity or prospective

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

29  and the progress toward permanent adoptive placement. As part

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

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


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  1  63.062, the adoption entity, the parents, persons having legal

  2  custody of the minor, persons with custodial or visitation

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

  4  the Uniform Child Custody Jurisdiction Act or the Indian Child

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

  6  review the appropriateness of the adoptive placement of the

  7  minor.

  8         Section 13.  Section 63.062, Florida Statutes, is

  9  amended to read:

10         63.062  Persons required to consent to adoption;

11  affidavit of nonpaternity; waiver of venue.--

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

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

14  a petition to terminate parental rights pending adoption adopt

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

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

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

18         (a)  The mother of the minor.

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

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

21  was married to the mother;.

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

23         3.  The minor has been established by court proceeding

24  to be his child.

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

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

27  scientific tests that are generally acceptable within the

28  scientific community to show a probability of paternity.

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

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

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


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  1         1.4.  He Has acknowledged in writing, signed in the

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

  3  minor and has filed such acknowledgment with the Office of

  4  Vital Statistics of the Department of Health;.

  5         2.5.  He Has provided, or has attempted to provide, the

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

  7  repetitive, customary manner; or.

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

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

10  action to terminate parental rights pending adoption pursuant

11  to this chapter.

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

13  proceeding in which paternity, custody, or termination of

14  parental rights regarding the minor is at issue.

15         (f)  Any father who has provided, or has attempted to

16  provide, the child or the mother during her pregnancy with

17  support in a repetitive, customary manner, if consent has been

18  obtained under paragraph (1)(a) and subparagraph (1)(b)1.

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

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

21  minor's consent.

22         (2)  Any person whose consent is required under

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

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

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

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

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

28  receive disclosure under s. 63.085 prior to signing the

29  affidavit.

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

31  affidavit of nonpaternity must be given reasonable notice of


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

  2  employment, professional, or personal relationship with the

  3  adoption entity or the prospective adoptive parents to be

  4  present when the consent to adoption or affidavit of

  5  nonpaternity is executed and to sign the consent or affidavit

  6  as a witness.

  7         (4)  An affidavit of nonpaternity must be in

  8  substantially the following form:

  9

10                    AFFIDAVIT OF NONPATERNITY

11

12              1.  I have personal knowledge of the facts

13         stated in this affidavit.

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

15         child. I shall not establish or claim paternity

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

17         date of birth is ....

18              3.  The child referenced in this affidavit

19         was not conceived or born while the birth

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

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

22         birth mother.

23              4.  With respect to the child referenced

24         in this affidavit, I have not provided the

25         birth mother with child support or prebirth

26         support; I have not provided her with prenatal

27         care or assisted her with medical expenses; I

28         have not provided the birth mother or her child

29         or unborn child with support of any kind, nor

30         do I intend to do so.

31


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  1              5.  I have no interest in assuming the

  2         responsibilities of parenthood for this child.

  3         I will not acknowledge in writing that I am the

  4         father of this child or institute court

  5         proceedings to establish the child as mine.

  6              6.  I do not object to any decision or

  7         arrangements .... makes regarding this child,

  8         including adoption.

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

10         a person who does not have an employment,

11         professional, or personal relationship with the

12         adoption entity or the prospective adoptive

13         parents to be present when this affidavit is

14         executed and to sign it as a witness.

15

16         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO

17         TERMINATE PARENTAL RIGHTS OR FINALIZE AN

18         ADOPTION UNDER CHAPTER 63, FLORIDA STATUTES.

19

20         (5)(2)  The court may require that consent be executed

21  by:

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

23  minor; or

24         (b)  The court having jurisdiction to determine custody

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

26  minor has no authority to consent to the adoption.

27         (6)(3)  The petitioner must make good faith and

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

29  obtain written consent from, the persons required to consent

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

31  petition. These efforts may include conducting interviews and


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  1  record searches to locate those persons, including verifying

  2  information related to location of residence, employment,

  3  service in the Armed Forces, vehicle registration in this

  4  state, and corrections records.

  5         (7)(4)  If parental rights to the minor have previously

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

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

  8  department with which the minor child has been placed for

  9  subsequent adoption may provide consent to the adoption.  In

10  such case, no other consent is required.

11         (8)(5)  A petition to adopt an adult may be granted if:

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

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

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

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

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

17  provided in this chapter section.

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

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

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

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

22  must obtain, from any party executing an affidavit of

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

24  filed with the petition and must be in substantially the

25  following form:

26

27                         WAIVER OF VENUE

28

29

30         I understand that I have the right to require

31         that the Petition to terminate my parental


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

  2         waive such right so that the Petition to

  3         Terminate Parental Rights may be filed by

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

  5         county, Florida.

  6

  7         I understand that, after signing this waiver, I

  8         may object to the county where the proceedings

  9         to terminate my parental rights will be held by

10         appearing at the hearing or by filing a written

11         objection, on the attached form, with the Clerk

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

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

14         of venue, the case will be transferred to a

15         county in Florida in which I reside if I intend

16         to assert legally recognized grounds to contest

17         a termination of parental rights. If I have no

18         such residence, the case will be transferred to

19         a county where another parent resides or where

20         at least one parent resided at the time of

21         signing a consent or affidavit of nonpaternity.

22

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

24  containing no consents, disclosures, or other information

25  unrelated to venue.

26         2.  Adoption entities must attach to the waiver of

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

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

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

30  termination of parental rights and information identifying the

31


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

  2  the form upon receipt.

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

  4  entity knows that a parent whose rights will be terminated

  5  intends to object to the termination but intentionally files

  6  the petition for termination of parental rights in a county

  7  which is not consistent with the required venue under such

  8  circumstances, the adoption entity shall be responsible for

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

10  venue.

11         Section 14.  Section 63.082, Florida Statutes, is

12  amended to read:

13         63.082  Execution of consent to adoption or affidavit

14  of nonpaternity; family social and medical history; withdrawal

15  of consent.--

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

17  nonpaternity shall be executed as follows:

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

19  statement in the presence of the court or by being

20  acknowledged before a notary public.

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

22  representative.

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

24  court or by affidavit.

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

26  certificate of the court.

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

28  the adopting parent is valid if the consent contains a

29  statement by the person consenting that the consent was

30  voluntarily executed and that identification of the adopting

31  parent is not required for granting the consent.


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

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

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

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

  5  the forms promulgated by the department completed by the birth

  6  parents must be attached to the petition to terminate parental

  7  rights pending adoption and must contain such biological and

  8  sociological information, or such information as to the family

  9  medical history, regarding the minor child and the birth

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

11  must be incorporated into the final home investigation report

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

13  require that the birth mother be interviewed by a

14  representative of the department, a licensed child-placing

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

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

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

18  statement that the parent is unlocated or unidentified, must

19  be filed with the petition to terminate parental rights

20  pending adoption and included in the final home investigation

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

22  the court for good cause.

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

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

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

26  must be attached to the petition to terminate parental rights

27  pending adoption and must be accompanied by a family medical

28  history that includes such information concerning the medical

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

30  readily obtainable.

31


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

  2  history is unavailable because the person whose consent is

  3  required cannot be located or identified, the petition to

  4  terminate parental rights pending adoption must be accompanied

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

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

  7  nonpaternity shall not for voluntary surrender must be

  8  executed before after the birth of the minor.

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

10  placed for adoption with identified prospective adoptive

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

12  licensed hospital or birth center following birth, shall not

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

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

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

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

17  whichever is earlier. A consent executed under this paragraph

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

19  finds that it was obtained by fraud or under duress. The

20  waiting period provided in this paragraph does not apply in

21  any case in which the revocation period in paragraph (4)(c)

22  applies.

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

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

25  hospital or birth center following birth, the consent to

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

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

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

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

30  with the prospective adoptive parents, whichever is later. If

31  a consent has been executed, this subsection may not be


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  1  construed to provide a birth parent with more than 3 days to

  2  revoke that consent once the child has been placed with the

  3  prospective adoptive parents. The revocation period provided

  4  in this paragraph does not apply in any case in which the

  5  waiting period in paragraph (4)(b) applies.

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

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

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

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

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

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

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

13  business addresses and social security numbers, driver's

14  license numbers, or state identification card numbers must be

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

16  license number, or state identification card number shall not

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

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

19  the witnesses be an individual who does not have an

20  employment, professional, or personal relationship with the

21  adoption entity or the prospective adoptive parents. The

22  adoption entity must give reasonable notice to the person

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

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

25  consent or affidavit must acknowledge in writing on the

26  consent or affidavit that such notice was given and indicate

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

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

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

30  or affidavit of nonpaternity.

31


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

  2  16-point boldfaced type, an acknowledgment of the parent's

  3  rights in substantially the following form:

  4

  5                       CONSENT TO ADOPTION

  6

  7         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

  8         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

  9         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

10         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

11         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

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

13         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

14         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

15         OR WITNESSES YOU SELECTED, IF ANY.

16

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

18         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

19         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

20

21              1.  CONSULT WITH AN ATTORNEY;

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

23              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

24         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

25         WILLING TO CARE FOR THE CHILD;

26              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

27         LEGALLY PROHIBITED; AND

28              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

29         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

30         THROUGH WITH THE ADOPTION.

31


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

  2         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID

  3         AND BINDING UNLESS WITHDRAWN AS PERMITTED BY

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

  5         CHILD WHO IS TO BE PLACED FOR ADOPTION WITH

  6         IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON

  7         THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

  8         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

  9         WILL BE IMPOSED BEFORE YOU MAY SIGN THE CONSENT

10         FOR ADOPTION. YOU MUST WAIT 48 HOURS FROM THE

11         TIME OF BIRTH, OR UNTIL THE BIRTH MOTHER HAS

12         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

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

14         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

15         CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY

16         SIGN THE CONSENT FOR ADOPTION. ONCE YOU HAVE

17         SIGNED THE CONSENT, IT IS VALID AND BINDING AND

18         CANNOT BE WITHDRAWN UNLESS A COURT FINDS THAT

19         IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

20

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

22         IS NOT PLACED FOR ADOPTION UPON THE CHILD'S

23         RELEASE FROM A LICENSED HOSPITAL OR BIRTH

24         CENTER FOLLOWING BIRTH, YOU MAY SIGN THE

25         CONSENT AT ANY TIME AFTER THE BIRTH OF THE

26         CHILD. WHILE THE CONSENT IS VALID AND BINDING

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

28         THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN

29         THE REVOCATION PERIOD APPLIES, YOU MAY WITHDRAW

30         YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR

31         TO THE PLACEMENT OF THE CHILD WITH THE


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  1         PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT

  2         WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU

  3         SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE

  4         DATE OF THE BIRTH MOTHER'S DISCHARGE FROM A

  5         LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS

  6         LATER.

  7

  8         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION

  9         PERIOD, YOU MUST:

10              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

11         A LETTER, THAT YOU ARE WITHDRAWING YOUR

12         CONSENT.

13              2.  MAIL THE LETTER AT A UNITED STATES

14         POST OFFICE WITHIN 3 BUSINESS DAYS AFTER THE

15         DATE YOU SIGNED THE CONSENT OR 1 BUSINESS DAY

16         AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

17         FROM A LICENSED HOSPITAL OR BIRTH CENTER,

18         WHICHEVER IS LATER. THE TERM "BUSINESS DAY"

19         MEANS ANY DAY ON WHICH THE UNITED STATES POSTAL

20         SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.

21              3.  SEND THE LETTER BY CERTIFIED UNITED

22         STATES MAIL WITH RETURN RECEIPT REQUESTED.

23              4.  PAY POSTAL COSTS AT THE TIME YOU MAIL

24         THE LETTER.

25              5.  KEEP THE CERTIFIED MAIL RECEIPT AS

26         PROOF THAT CONSENT WAS WITHDRAWN IN A TIMELY

27         MANNER.

28

29         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT

30         OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE

31         PARENTS, YOU MUST NOTIFY THE ADOPTION ENTITY,


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  1         IN WRITING BY CERTIFIED UNITED STATES MAIL,

  2         RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY

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

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

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

  6

  7         ONCE THE REVOCATION PERIOD IS OVER, OR THE

  8         CHILD HAS BEEN PLACED WITH THE PROSPECTIVE

  9         ADOPTIVE PARENTS, WHICHEVER OCCURS LATER, YOU

10         MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

11         PROVE IN COURT THAT CONSENT WAS OBTAINED BY

12         FRAUD OR UNDER DURESS.

13

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

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

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

17  be met.

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

19  termination of parental rights pending adoption must be

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

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

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

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

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

25  provided as required in this subsection, the adoption entity

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

27  is undeliverable. The original consent and acknowledgment of

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

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

30  undeliverable must be filed with the petition for termination

31  of parental rights pending adoption.


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  1         (7)(a)  A consent that is being withdrawn under

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

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

  4  notifying the adoption entity in writing by certified United

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

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

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

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

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

10  which the United States Postal Service accepts certified mail

11  for delivery.

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

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

14  adoption entity must contact the prospective adoptive parent

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

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

17  emergency hearing by the adoption entity, the court determines

18  in written findings that placement of the minor with the

19  person withdrawing consent may endanger the minor.

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

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

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

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

24  is appropriate, whether an investigation by the department is

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

26  available for the temporary placement.

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

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

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

30  court may order scientific paternity testing and reserve

31


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

  2  testing have been filed with the court.

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

  4  days after notification of the withdrawal of consent or after

  5  the court determines that withdrawal is valid and binding upon

  6  consideration of an emergency motion, as filed pursuant to

  7  paragraph (b), to the physical custody of the person

  8  withdrawing consent.

  9         (f)  Following the revocation period for withdrawal of

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

11  child with the prospective adoptive parents, whichever occurs

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

13  the consent was obtained by fraud or under duress.

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

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

16  under duress.

17         Section 15.  Section 63.085, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

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

21         63.085  Disclosure by adoption entity.--

22         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

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

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

25  for adoption contacts an adoption entity in person or provides

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

27  provide a written disclosure statement to that person if the

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

29  adoption entity is assisting in the effort to terminate the

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

31  with the adoption entity, the written disclosure must be


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  1  provided within 7 days after that parent is identified and

  2  located. For purposes of providing the written disclosure, a

  3  person is considered to be seeking to place a minor for

  4  adoption when that person has sought information or advice

  5  from the adoption entity regarding the option of adoptive

  6  placement. The written disclosure statement must be in

  7  substantially the following form:

  8

  9                       ADOPTION DISCLOSURE

10

11         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

12         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

13         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

14         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

15         ADOPTION UNDER FLORIDA LAW:

16

17              1.  Under section 63.102, Florida

18         Statutes, the existence of a placement or

19         adoption contract signed by the parent or

20         prospective adoptive parent, prior approval of

21         that contract by the court, or payment of any

22         expenses permitted under Florida law does not

23         obligate anyone to sign a consent or ultimately

24         place a minor for adoption.

25              2.  Under sections 63.092 and 63.125,

26         Florida Statutes, a favorable preliminary home

27         study, before the minor may be placed in that

28         home, and a final home investigation, before

29         the adoption becomes final, must be completed.

30              3.  Under section 63.082, Florida

31         Statutes, a consent to adoption or affidavit of


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  1         nonpaternity may not be signed until after the

  2         birth of the minor.

  3              4.  Under section 63.082, Florida

  4         Statutes, if the minor is to be placed for

  5         adoption with identified prospective adoptive

  6         parents upon release from a licensed hospital

  7         or birth center following birth, the consent to

  8         adoption may not be signed until 48 hours after

  9         birth or until the day the birth mother has

10         been notified in writing, either on her patient

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

12         be released from the licensed hospital or birth

13         center, whichever is sooner. The consent to

14         adoption or affidavit of nonpaternity is valid

15         and binding upon execution unless the court

16         finds it was obtained by fraud or under duress.

17              5.  Under section 63.082, Florida

18         Statutes, if the minor is not placed for

19         adoption with the prospective adoptive parent

20         upon release from the hospital or birth center

21         following birth, a 3-day revocation period

22         applies during which consent may be withdrawn

23         for any reason by notifying the adoption entity

24         in writing. In order to withdraw consent, the

25         written withdrawal of consent must be mailed at

26         a United States Post Office no later than 3

27         business days after execution of the consent or

28         1 business day after the date of the birth

29         mother's discharge from a licensed hospital or

30         birth center, whichever occurs later. For

31         purposes of mailing the withdrawal of consent,


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

  2         the United States Postal Service accepts

  3         certified mail for delivery. The letter must be

  4         sent by certified United States mail, return

  5         receipt requested. Postal costs must be paid at

  6         the time of mailing and the receipt should be

  7         retained as proof that consent was withdrawn in

  8         a timely manner.

  9              6.  Under section 63.082, Florida

10         Statutes, and notwithstanding the revocation

11         period, the consent may be withdrawn at any

12         time prior to the placement of the child with

13         the prospective adoptive parent, by notifying

14         the adoption entity in writing by certified

15         United States mail, return receipt requested. 

16              7.  Under section 63.082, Florida

17         Statutes, if an adoption entity timely receives

18         written notice from a person of that person's

19         desire to withdraw consent, the adoption entity

20         must contact the prospective adoptive parent to

21         arrange a time certain to regain physical

22         custody of the child. Absent a court order for

23         continued placement of the child entered under

24         section 63.082, Florida Statutes, the adoption

25         entity must return the minor within 3 days

26         after notification of the withdrawal of consent

27         to the physical custody of the person

28         withdrawing consent. After the revocation

29         period for withdrawal of consent ends, or after

30         the placement of the child with prospective

31         adoptive parent, whichever occurs later, the


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  1         consent may be withdrawn only if the court

  2         finds that the consent was obtained by fraud or

  3         under duress.

  4              8.  Under section 63.082, Florida

  5         Statutes, an affidavit of nonpaternity, once

  6         executed, may be withdrawn only if the court

  7         finds that it was obtained by fraud or under

  8         duress.

  9              9.  Under section 63.082, Florida

10         Statutes, a person who signs a consent to

11         adoption or an affidavit of nonpaternity must

12         be given reasonable notice of his or her right

13         to select a person who does not have an

14         employment, professional, or personal

15         relationship with the adoption entity or the

16         prospective adoptive parents to be present when

17         the consent or affidavit is executed and to

18         sign the consent or affidavit as a witness.

19              10.  Under section 63.088, Florida

20         Statutes, specific and extensive efforts are

21         required by law to attempt to obtain the

22         consents required under section 63.062, Florida

23         Statutes. If these efforts are unsuccessful,

24         the court may not enter a judgment terminating

25         parental rights pending adoption until certain

26         requirements have been met.

27              11.  Under Florida law, an intermediary

28         may represent the legal interests of only the

29         prospective adoptive parents. Each person whose

30         consent to an adoption is required under

31         section 63.062, Florida Statutes, is entitled


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  1         to seek independent legal advice and

  2         representation before signing any document or

  3         surrendering parental rights.

  4              12.  Under section 63.182, Florida

  5         Statutes, an action or proceeding of any kind

  6         to vacate, set aside, or otherwise nullify a

  7         judgment of adoption or an underlying judgment

  8         terminating parental rights pending adoption,

  9         on any ground, including duress but excluding

10         fraud, must be filed within 1 year after entry

11         of the judgment terminating parental rights

12         pending adoption. Such an action or proceeding

13         for fraud must be filed within 2 years after

14         entry of the judgment terminating parental

15         rights.

16              13.  Under section 63.089, Florida

17         Statutes, a judgment terminating parental

18         rights pending adoption is voidable and any

19         later judgment of adoption of that minor is

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

21         court finds that any person knowingly gave

22         false information that prevented the parent

23         from timely making known his or her desire to

24         assume parental responsibilities toward the

25         minor or to exercise his or her parental

26         rights. The motion must be filed with the court

27         that originally entered the judgment. The

28         motion must be filed within a reasonable time,

29         but not later than 2 years after the date the

30         judgment to which the motion is directed was

31         entered.


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  1              14.  Under section 63.165, Florida

  2         Statutes, the State of Florida maintains a

  3         registry of adoption information. Information

  4         about the registry is available from the

  5         Department of Children and Family Services.

  6              15.  Under section 63.032, Florida

  7         Statutes, a court may find that a parent has

  8         abandoned his or her child based on conduct

  9         during the pregnancy or based on conduct after

10         the child is born. In addition, under section

11         63.089, Florida Statutes, the failure of a

12         parent to respond to notices of proceedings

13         involving his or her child shall result in

14         termination of parental rights of a parent. A

15         lawyer can explain what a parent must do to

16         protect his or her parental rights. Any parent

17         wishing to protect his or her parental rights

18         should act IMMEDIATELY.

19              16.  Each parent and prospective adoptive

20         parent is entitled to independent legal advice

21         and representation. Attorney information may be

22         obtained from the yellow pages, The Florida

23         Bar's lawyer referral service, and local legal

24         aid offices and bar associations.

25              17.  Counseling services may be helpful

26         while making a parenting decision. Consult the

27         yellow pages of the telephone directory.

28              18.  Medical and social services support

29         is available if the parent wishes to retain

30         parental rights and responsibilities. Consult

31         the Department of Children and Family Services.


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  1              19.  Under section 63.039, Florida

  2         Statutes, an adoption entity has certain legal

  3         responsibilities and may be liable for damages

  4         to persons whose consent to an adoption is

  5         required or to prospective adoptive parents for

  6         failing to materially meet those

  7         responsibilities. Damages may also be recovered

  8         from an adoption entity if a consent to

  9         adoption or affidavit of nonpaternity is

10         obtained by fraud or under duress attributable

11         to an adoption entity.

12              20.  Under section 63.097, Florida

13         Statutes, reasonable living expenses of the

14         birth mother may be paid by the prospective

15         adoptive parents and the adoption entity only

16         if the birth mother is unable to pay due to

17         unemployment, underemployment, or disability.

18         The law also allows payment of reasonable and

19         necessary medical expenses, expenses necessary

20         to comply with the requirements of chapter 63,

21         Florida Statutes, court filing expenses, and

22         costs associated with advertising. Certain

23         documented legal, counseling, and other

24         professional fees may be paid. Prior approval

25         of the court is not required until the

26         cumulative total of amounts permitted exceeds

27         $2,500 in legal or other fees, $500 in court

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

29         cumulative expenses incurred prior to the date

30         the prospective adoptive parent retains the

31


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  1         adoption entity. The following fees, costs, and

  2         expenses are prohibited:

  3              a.  Any fee or expense that constitutes

  4         payment for locating a minor for adoption.

  5              b.  Any lump-sum payment to the entity

  6         which is nonrefundable directly to the payor or

  7         which is not itemized on the affidavit.

  8              c.  Any fee on the affidavit which does

  9         not specify the service that was provided and

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

11         fee for facilitation or acquisition.

12

13         The court may reduce amounts charged or refund

14         amounts that have been paid if it finds that

15         these amounts were more than what was

16         reasonable or allowed under the law.

17              21.  Under section 63.132, Florida

18         Statutes, the adoption entity and the

19         prospective adoptive parents must sign and file

20         with the court a written statement under oath

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

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

23         prospective adoptive parents and any adoption

24         entity in connection with the adoption. The

25         affidavit must state whether any of the

26         expenses were eligible to be paid for by any

27         other source.

28              22.  Under section 63.132, Florida

29         Statutes, the court order approving the money

30         spent on the adoption must be separate from the

31         judgment making the adoption final. The court


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  1         may approve only certain costs and expenses

  2         allowed under section 63.097, Florida Statutes.

  3         The court may approve only fees that are

  4         allowed under law and that it finds to be

  5         "reasonable." A good idea of what is and is not

  6         allowed to be paid for in an adoption can be

  7         determined by reading sections 63.097 and

  8         63.132, Florida Statutes.

  9

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

11  must obtain a written statement acknowledging receipt of the

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

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

14  obtain such an acknowledgment, the adoption entity must

15  execute an affidavit stating why an acknowledgment could not

16  be obtained. If the disclosure was delivered by certified

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

18  signed by the person from whom acknowledgment is required is

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

20  of the acknowledgment of receipt of the disclosure must be

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

22  acknowledgment or affidavit executed by the adoption entity in

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

24  the adoption entity. The original acknowledgment or affidavit

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

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

27  affidavit must be included in the preliminary home study

28  required in s. 63.092.

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

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

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


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  1  making certain disclosures to a parent and obtaining a written

  2  acknowledgment of receipt must be repeated.

  3         (4)  REVOCATION OF CONSENT.--Failure to meet the

  4  requirements of subsections (1)-(3) does not constitute

  5  grounds for revocation of a consent to adoption or withdrawal

  6  of an affidavit of nonpaternity unless the extent and

  7  circumstances of such a failure result in a material failure

  8  of fundamental fairness in the administration of due process,

  9  or the failure constitutes or contributes materially to fraud

10  or duress in obtaining a consent to adoption or affidavit of

11  nonpaternity.

12         Section 16.  Section 63.087, Florida Statutes, is

13  created to read:

14         63.087  Proceeding to terminate parental rights pending

15  adoption; general provisions.--

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

17  a court determine whether a minor is legally available for

18  adoption through a separate proceeding terminating parental

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

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

21  Procedure govern a proceeding to terminate parental rights

22  pending adoption unless otherwise provided by law.

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

24  competent to decide child welfare or custody matters has

25  jurisdiction to hear all matters arising from a proceeding to

26  terminate parental rights pending adoption. All subsequent

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

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

29  who conducted the termination proceedings, if that judge is

30  still available within the division of the court which

31


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

  2  unavailable, by another judge within the division.

  3         (4)  VENUE.--

  4         (a)  A petition to terminate parental rights pending

  5  adoption must be filed:

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

  7  previous 6 months;

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

  9  not continuously resided in one county for the previous 6

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

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

12  nonpaternity;

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

14  waiver of venue has been obtained pursuant to s. 63.062 in the

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

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

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

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

19  the time of execution of the consent or affidavit of

20  nonpaternity;

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

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

23  resides; or

24         5.  If neither parent resides in the state, in the

25  county where the adoption entity is located.

26         (b)  If a petition for termination of parental rights

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

28  objects to venue, there must be a hearing in which the court

29  shall determine whether that parent intends to assert legally

30  recognized grounds to contest a termination of parental rights

31  and, if so, the court shall immediately transfer venue to the


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  1  county where that parent resides, if there is such a county,

  2  or, if not, a county where:

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

  4  terminated resides;

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

  6  execution of a consent or affidavit of nonpaternity; or

  7         3.  The adoption entity is located, if neither

  8  subparagraph 1. nor subparagraph 2. applies.

  9

10  For purposes of selecting venue, the court shall consider the

11  ease of access to the court for the parent who intends to

12  contest a termination of parental rights.

13         (c)  If there is a transfer of venue, the adoption

14  entity or the petitioner must bear the cost of venue transfer.

15

16  For purposes of the hearing under this subsection, witnesses

17  located in another jurisdiction may testify by deposition or

18  testify by telephone, audiovisual means, or other electronic

19  means before a designated court or at another location.

20  Documentary evidence transmitted from another location by

21  technological means that do not produce an original writing

22  may not be excluded from evidence on an objection based on the

23  means of transmission. The court on its own motion may

24  otherwise prescribe the manner in which and the terms upon

25  which the testimony is taken.

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

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

28  judge signed the judgment terminating parental rights pending

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

30  the minor has been the subject of a judgment terminating

31  parental rights under chapter 39.


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  1         (6)  PETITION.--

  2         (a)  A proceeding seeking to terminate parental rights

  3  pending adoption pursuant to this chapter must be initiated by

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

  5  minor.

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

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

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

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

10  63.082 consents in writing to the entity filing the petition.

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

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

13  the Termination of Parental Rights for the Proposed Adoption

14  of a Minor Child."

15         (d)  A petition to terminate parental rights must be

16  consolidated with a previously filed petition for a

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

18  fee may be assessed for both the termination of parental

19  rights and declaratory statement petitions.

20         (e)  The petition to terminate parental rights pending

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

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

23  petition. A written consent to adoption, affidavit of

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

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

26  63.062, must be executed and attached.

27         (f)  The petition must include:

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

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

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

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


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

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

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

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

  5  Child Custody Jurisdiction Act or the Indian Child Welfare

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

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

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

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

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

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

12  which that city is located.

13         3.  Unless a consent to adoption or affidavit of

14  nonpaternity executed by each person whose consent is required

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

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

17  that city is located, of:

18         a.  The minor's mother;

19         b.  Any man who the mother reasonably believes may be

20  the minor's father; and

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

22  39.01, of the minor.

23

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

25  so state.

26         4.  All information required by the Uniform Child

27  Custody Jurisdiction Act and the Indian Child Welfare Act.

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

29  which the petition is based.

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

31  adoption entity seeking to place the minor for adoption.


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

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

  3  filed.

  4         8.  A certification of compliance with the requirements

  5  of s. 63.0425 regarding notice to grandparents of an impending

  6  adoption.

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

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

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

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

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

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

13  petition constitutes grounds upon which the court may

14  terminate parental rights. Notwithstanding the filing of any

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

16  terminate parental rights pending adoption whose consent to

17  adoption is required under s. 63.062 must:

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

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

20  person may consult with an attorney;

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

22  the petition; and

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

24  of any consent or affidavit of nonpaternity signed by any

25  person.

26         Section 17.  Section 63.088, Florida Statutes, is

27  created to read:

28         63.088  Proceeding to terminate parental rights pending

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

30         (1)  INITIATE LOCATION AND IDENTIFICATION

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


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

  2  adoption entity must begin the inquiry and diligent search

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

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

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

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

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

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

  9  the person seeking to place a minor for adoption.

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

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

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

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

14  not executed an affidavit of nonpaternity, and whose location

15  and identity have been determined by compliance with the

16  procedures in this section must be personally served, pursuant

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

18  of the petition to terminate parental rights pending adoption

19  and with notice in substantially the following form:

20

21                  NOTICE OF PETITION AND HEARING

22          TO TERMINATE PARENTAL RIGHTS PENDING ADOPTION

23

24         A petition to terminate parental rights pending

25         adoption has been filed. A copy of the petition

26         is being served with this notice. There will be

27         a hearing on the petition to terminate parental

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

29         ... (time) ... before ... (judge) ... at ...

30         (location, including complete name and street

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


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

  2         hearing. If you executed a consent to adoption

  3         or an affidavit of nonpaternity and a waiver of

  4         venue, you have the right to request that the

  5         hearing on the petition to terminate parental

  6         rights be transferred to the county in which

  7         you reside. You may object by appearing at the

  8         hearing or filing a written objection with the

  9         court.

10

11         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

12         TO FILE A WRITTEN RESPONSE TO THIS NOTICE WITH

13         THE COURT OR TO APPEAR AT THIS HEARING

14         CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

15         END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING

16         THE MINOR CHILD.

17

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

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

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

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

22  hearing and likely to have the following information regarding

23  the identity of:

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

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

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

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

28  the father of the minor;

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

30  time when conception of the minor may have occurred;

31


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

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

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

  4  pregnancy;

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

  6  the birth certificate of the minor or in connection with

  7  applying for or receiving public assistance;

  8         (f)  Any person who has acknowledged or claimed

  9  paternity of the minor; and

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

11  the father.

12

13  The information required under this subsection may be provided

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

15  having personal knowledge of the facts, addressing each

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

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

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

19  required under this subsection may be conducted before the

20  birth of the minor.

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

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

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

24  not executed a consent to adoption or an affidavit of

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

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

27  diligent search for that person which must include inquiries

28  concerning:

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

30  address, through an inquiry of the United States Postal

31  Service through the Freedom of Information Act;


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

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

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

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

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

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

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

  8  funds have been mailed;

  9         (c)  Regulatory agencies, including those regulating

10  licensing in the area where the person last resided;

11         (d)  Names and addresses of relatives to the extent

12  such can be reasonably obtained from the petitioner or other

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

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

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

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

17  sisters, aunts, uncles, cousins, nieces, nephews,

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

19  stepparents, and stepchildren;

20         (e)  Information as to whether or not the person may

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

22         (f)  Telephone listings in the area where the person

23  last resided;

24         (g)  Inquiries of law enforcement agencies in the area

25  where the person last resided;

26         (h)  Highway patrol records in the state where the

27  person last resided;

28         (i)  Department of Corrections records in the state

29  where the person last resided;

30         (j)  Hospitals in the area where the person last

31  resided;


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  1         (k)  Records of utility companies, including water,

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

  3  where the person last resided;

  4         (l)  Records of the Armed Forces of the United States

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

  6         (m)  Records of the tax assessor and tax collector in

  7  the area where the person last resided;

  8         (n)  Search of one Internet databank locator service;

  9  and

10         (o)  Information held by all medical providers who

11  rendered medical treatment or care to the birth mother and

12  child, including the identity and location information of all

13  persons listed by the mother as being financially responsible

14  for the uninsured expenses of treatment or care and all

15  persons who made any such payments.

16

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

18  requesting information pursuant to this subsection must

19  release the requested information to the petitioner or

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

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

22  diligent search executed by the petitioner and the adoption

23  entity must be filed with the court confirming completion of

24  each aspect of the diligent search enumerated in this

25  subsection and specifying the results. The diligent search

26  required under this subsection may be conducted before the

27  birth of the minor.

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

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

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

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


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

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

  3  to locate the person. The unlocated or unidentified person

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

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

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

  7  notice, in addition to all information required in the

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

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

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

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

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

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

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

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

16  subsection are unknown and cannot be reasonably ascertained,

17  the notice must so state.

18         Section 18.  Section 63.089, Florida Statutes, is

19  created to read:

20         63.089  Proceeding to terminate parental rights pending

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

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

23  pending adoption only after a full evidentiary hearing.

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

25  hearing only when:

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

27  required under s. 63.062:

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

29  filed with the court;

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

31  been executed and filed with the court; or


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

  2  63.088;

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

  4  under ss. 63.087 and 63.088:

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

  6  personal service and an affidavit of service has been filed

  7  with the court;

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

  9  of publication of constructive service and an affidavit of

10  service has been filed with the court; or

11         3.  An affidavit of nonpaternity which affirmatively

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

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

14         (d)  The petition contains all information required

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

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

17  obtained and filed with the court.

18         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

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

20  rights pending adoption if the court determines by clear and

21  convincing evidence, supported by written findings of fact,

22  that each person whose consent to adoption is required under

23  s. 63.062:

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

25  withdrawn under s. 63.082 and the consent was obtained

26  according to the requirements of this chapter;

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

28  affidavit was obtained according to the requirements of this

29  chapter;

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

31  in accordance with the requirements of this chapter and has


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

  2  hearing resulting in the judgment terminating parental rights

  3  pending adoption;

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

  5  in accordance with the requirements of this chapter and has

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

  7  minor as defined in s. 63.032;

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

  9  parent has been judicially declared incapacitated with

10  restoration of competency found to be medically improbable;

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

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

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

14  after examination of his or her written reasons for

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

16  his or her consent unreasonably;

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

18  in accordance with the requirements of this chapter, but has

19  been found by the court, after examining written reasons for

20  the withholding of consent, to be unreasonably withholding his

21  or her consent; or

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

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

24  the adoption is excused by reason of prolonged and unexplained

25  absence, unavailability, incapacity, or circumstances that are

26  found by the court to constitute unreasonable withholding of

27  consent.

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

29  resulting in a termination of parental rights must be based

30  upon clear and convincing evidence. A finding of abandonment

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


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

  2  abuse to a birth mother during her pregnancy.

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

  4  hearing for termination of parental rights pursuant to this

  5  chapter, the court must consider, among other relevant factors

  6  not inconsistent with this section:

  7         1.  Whether the actions alleged to constitute

  8  abandonment demonstrate a willful disregard for the safety or

  9  welfare of the child or unborn child;

10         2.  Whether other persons prevented the person alleged

11  to have abandoned the child from making the efforts referenced

12  in this subsection;

13         3.  Whether the person alleged to have abandoned the

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

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

16  child;

17         4.  Whether the person alleged to have abandoned the

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

19  when such payment was requested by the person having legal

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

21  insurance or other available sources;

22         5.  Whether the amount of support provided or medical

23  expenses paid was appropriate, taking into consideration the

24  needs of the child and relative means and resources available

25  to the person alleged to have abandoned the child and

26  available to the person having legal custody of the child

27  during the period the child allegedly was abandoned; and

28         6.  Whether the person having legal custody of the

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

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

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


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

  2  events such as medical appointments and tests relating to the

  3  child or, if unborn, the pregnancy.

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

  5  child is incarcerated on or after October 1, 2001, in a state

  6  or federal correctional institution and:

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

  8  to be incarcerated will constitute a substantial portion of

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

10  years;

11         2.  The incarcerated parent has been determined by the

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

13  775.084, a habitual violent felony offender as defined in s.

14  775.084, convicted of child abuse as defined in s. 827.03, or

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

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

17  782.04 or a sexual battery that constitutes a capital, life,

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

19  convicted of an offense in another jurisdiction which is

20  substantially similar to one of the offenses listed in this

21  subparagraph.  As used in this section, the term

22  "substantially similar offense" means any offense that is

23  substantially similar in elements and penalties to one of

24  those listed in this subparagraph, and that is in violation of

25  a law of any other jurisdiction, whether that of another

26  state, the District of Columbia, the United States or any

27  possession or territory thereof, or any foreign jurisdiction;

28  or

29         3.  The court determines by clear and convincing

30  evidence that continuing the parental relationship with the

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


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

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

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

  4  during pregnancy that the court may consider in determining

  5  whether the child has been abandoned is conduct that occurred

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

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

  8  63.088 have been made to inform the father that he is, or may

  9  be, the father of the child.

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

11  court does not find by clear and convincing evidence that

12  parental rights of a parent should be terminated pending

13  adoption, the court must dismiss the petition with prejudice

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

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

16  must include written findings in support of the dismissal,

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

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

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

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

21  affidavit of nonpaternity that the court finds was obtained by

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

23  upon written findings providing for the placement of the

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

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

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

27  regarding the minor must be brought in a separate custody

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

29  or a paternity action under chapter 742.

30         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

31  ADOPTION.--


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  1         (a)  The judgment terminating parental rights pending

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

  3  the grounds for terminating parental rights pending adoption.

  4         (b)  Within 24 hours after filing, the court shall mail

  5  a copy of the judgment to the department, the petitioner,

  6  those persons required to give consent under s. 63.062, and

  7  the respondent. The clerk shall execute a certificate of each

  8  mailing.

  9         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

10  RIGHTS.--

11         (a)  A judgment terminating parental rights pending

12  adoption is voidable and any later judgment of adoption of

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

14  court finds that a person knowingly gave false information

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

16  desire to assume parental responsibilities toward the minor or

17  meeting the requirements under this chapter to exercise his or

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

19  filed with the court originally entering the judgment. The

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

21  than 2 years after the entry of the judgment terminating

22  parental rights.

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

24  under this subsection, the court must conduct a preliminary

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

26  between a parent and the child pending resolution of the

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

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

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

30  must be issued in writing as expeditiously as possible and

31


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  1  must state with specificity any provisions regarding contact

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

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

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

  5  scientific testing to determine the paternity of the minor if

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

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

  8  determined by legitimacy or scientific testing. The court may

  9  order supervised visitation with a person for whom scientific

10  testing for paternity has been ordered. Such visitation shall

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

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

13  the minor.

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

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

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

17  expeditiously as possible thereafter.

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

19  records pertaining to a petition to terminate parental rights

20  pending adoption are related to the subsequent adoption of the

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

22  confidentiality provisions of this chapter do not apply to the

23  extent information regarding persons or proceedings must be

24  made available as specified under s. 63.088.

25         Section 19.  Section 63.092, Florida Statutes, is

26  amended to read:

27         63.092  Report to the court of intended placement by an

28  adoption entity; at-risk placement intermediary; preliminary

29  study.--

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

31  intermediary must report any intended placement of a minor for


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  1  adoption with any person not related within the third degree

  2  or a stepparent if the adoption entity intermediary has

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

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

  5  the home.

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

  7  prospective adoptive home before the parental rights of the

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

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

10  placement, the prospective adoptive parents must acknowledge

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

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

13  is subject to removal from the prospective adoptive home by

14  the adoption entity or by court order.

15         (3)(2)  PRELIMINARY HOME STUDY.--Before placing the

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

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

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

19  professional, or agency described in s. 61.20(2), unless the

20  petitioner is a stepparent, a spouse of the birth parent, or a

21  relative.  The preliminary study shall be completed within 30

22  days after the receipt by the court of the adoption entity's

23  intermediary's report, but in no event may the minor child be

24  placed in the prospective adoptive home prior to the

25  completion of the preliminary study unless ordered by the

26  court.  If the petitioner is a stepparent, a spouse of the

27  birth parent, or a relative, the preliminary home study may be

28  required by the court for good cause shown.  The department is

29  required to perform the preliminary home study only if there

30  is no licensed child-placing agency, child-caring agency

31  registered under s. 409.176, licensed professional, or agency


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  1  described in s. 61.20(2), in the county where the prospective

  2  adoptive parents reside.  The preliminary home study must be

  3  made to determine the suitability of the intended adoptive

  4  parents and may be completed prior to identification of a

  5  prospective adoptive minor child.  A favorable preliminary

  6  home study is valid for 1 year after the date of its

  7  completion.   Upon its completion, a copy of the home study

  8  must be provided to the intended adoptive parents who were the

  9  subject of the home study. A minor may child must not be

10  placed in an intended adoptive home before a favorable

11  preliminary home study is completed unless the adoptive home

12  is also a licensed foster home under s. 409.175.  The

13  preliminary home study must include, at a minimum:

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

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

16  registry and criminal records correspondence checks pursuant

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

18  intended adoptive parents;

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

20  home;

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

22  intended adoptive parents;

23         (e)  Documentation of counseling and education of the

24  intended adoptive parents on adoptive parenting;

25         (f)  Documentation that information on adoption and the

26  adoption process has been provided to the intended adoptive

27  parents;

28         (g)  Documentation that information on support services

29  available in the community has been provided to the intended

30  adoptive parents; and

31


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

  2  required by s. 63.085; and

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

  4  s. 63.085(1).

  5

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

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

  8  A minor may not be placed in the home if the preliminary home

  9  study is unfavorable.  If the preliminary home study is

10  unfavorable, the adoption entity intermediary or petitioner

11  may, within 20 days after receipt of a copy of the written

12  recommendation, petition the court to determine the

13  suitability of the intended adoptive home.  A determination as

14  to suitability under this subsection does not act as a

15  presumption of suitability at the final hearing.  In

16  determining the suitability of the intended adoptive home, the

17  court must consider the totality of the circumstances in the

18  home. No minor may be placed in a home in which there resides

19  any person determined by the court to be a sexual predator as

20  defined in s. 775.21 or to have been convicted of an offense

21  listed in s. 63.089(4)(b)2.

22         Section 20.  Section 63.097, Florida Statutes, is

23  amended to read:

24         63.097  Fees.--

25         (1)  When the adoption entity is an agency, fees may be

26  assessed if they are approved by the department within the

27  process of licensing the agency and if they are for:

28         (a)  Foster care expenses;

29         (b)  Preplacement and postplacement social services;

30  and

31         (c)  Agency facility and administrative costs.


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  1         (2)  The following fees, costs, and expenses may be

  2  assessed by the adoption entity or paid by the adoption entity

  3  on behalf of the prospective adoptive parents:

  4         (a)  Reasonable living expenses of the birth mother

  5  which the birth mother is unable to pay due to unemployment,

  6  underemployment, or disability due to the pregnancy which is

  7  certified by a medical professional who has examined the birth

  8  mother, or any other disability defined in s. 110.215.

  9  Reasonable living expenses are rent, utilities, basic

10  telephone service, food, necessary clothing, transportation,

11  and expenses found by the court to be necessary for the health

12  of the unborn child.

13         (b)  Reasonable and necessary medical expenses.

14         (c)  Expenses necessary to comply with the requirements

15  of this chapter, including, but not limited to, service of

16  process under s. 63.088, a diligent search under s. 63.088, a

17  preliminary home study under s. 63.092, and a final home

18  investigation under s. 63.125.

19         (d)  Court filing expenses, court costs, and other

20  litigation expenses.

21         (e)  Costs associated with advertising under s.

22  63.212(1)(g).

23         (f)  The following professional fees:

24         1.  A reasonable hourly fee necessary to provide legal

25  representation to the adoptive parents or adoption entity in a

26  proceeding filed under this chapter.

27         2.  A reasonable hourly fee for contact with the parent

28  related to the adoption. In determining a reasonable hourly

29  fee under this subparagraph, the court must consider if the

30  tasks done were clerical or of such a nature that the matter

31  could have been handled by support staff at a lesser rate than


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  1  the rate for legal representation charged under subparagraph

  2  1. Such tasks specifically do not include obtaining a parent's

  3  signature on any document; such tasks include, but need not be

  4  limited to, transportation, transmitting funds, arranging

  5  appointments, and securing accommodations.

  6         3.  A reasonable hourly fee for counseling services

  7  provided to a parent or a prospective adoptive parent by a

  8  psychologist licensed under chapter 490 or a clinical social

  9  worker, marriage and family therapist, or mental health

10  counselor licensed under chapter 491, or a counselor who is

11  employed by an adoption entity accredited by the Council on

12  Accreditation of Services for Children and Families to provide

13  pregnancy counseling and supportive services.

14         (3)  Prior approval of the court is not required until

15  the cumulative total of amounts permitted under subsection (2)

16  exceeds:

17         (a)  $2,500 in legal or other fees;

18         (b)  $500 in court costs;

19         (c)  $3,000 in expenses; or

20         (d)  $1,500 cumulative expenses that are related to the

21  minor, the pregnancy, a parent, or adoption proceeding, which

22  expenses are incurred prior to the date the prospective

23  adoptive parent retains the adoption entity.

24         (4)  Any fees, costs, or expenses not included in

25  subsection (2) or prohibited under subsection (5) require

26  court approval prior to payment and must be based on a finding

27  of extraordinary circumstances.

28         (5)  The following fees, costs, and expenses are

29  prohibited:

30         (a)  Any fee or expense that constitutes payment for

31  locating a minor for adoption.


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  1         (b)  Any lump-sum payment to the entity which is

  2  nonrefundable directly to the payor or which is not itemized

  3  on the affidavit filed under s. 63.132.

  4         (c)  Any fee on the affidavit which does not specify

  5  the service that was provided and for which the fee is being

  6  charged, such as a fee for facilitation, acquisition, or other

  7  similar service, or which does not identify the date the

  8  service was provided, the time required to provide the

  9  service, the person or entity providing the service, and the

10  hourly fee charged.

11         (1)  APPROVAL OF FEES TO INTERMEDIARIES.--Any fee over

12  $1,000 and those costs as set out in s. 63.212(1)(d) over

13  $2,500, paid to an intermediary other than actual, documented

14  medical costs, court costs, and hospital costs must be

15  approved by the court prior to assessment of the fee by the

16  intermediary and upon a showing of justification for the

17  larger fee.

18         (6)(2)  FEES FOR AGENCIES OR THE DEPARTMENT.--Unless

19  otherwise indicated in this section, when an adoption entity

20  intermediary uses the services of a licensed child-placing

21  agency, a professional, any other person or agency pursuant to

22  s. 63.092, or, if necessary, the department, the person

23  seeking to adopt the child must pay the licensed child-placing

24  agency, professional, other person or agency, or the

25  department an amount equal to the cost of all services

26  performed, including, but not limited to, the cost of

27  conducting the preliminary home study, counseling, and the

28  final home investigation.  The court, upon a finding that the

29  person seeking to adopt the child is financially unable to pay

30  that amount, may order that such person pay a lesser amount.

31


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  1         Section 21.  Section 63.102, Florida Statutes, is

  2  amended to read:

  3         63.102  Filing of petition for adoption or declaratory

  4  statement; venue; proceeding for approval of fees and costs.--

  5         (1)  A petition for adoption may not be filed until 30

  6  days after the date of the entry of the judgment terminating

  7  parental rights pending adoption under this chapter, unless

  8  the adoptee is an adult or the minor has been the subject of a

  9  judgment terminating parental rights under chapter 39. After a

10  judgment terminating parental rights has been entered, a

11  proceeding for adoption may shall be commenced by filing a

12  petition entitled, "In the Matter of the Adoption of ...." in

13  the circuit court.  The person to be adopted shall be

14  designated in the caption in the name by which he or she is to

15  be known if the petition is granted. If the child is placed

16  for adoption by an agency, Any name by which the minor child

17  was previously known may shall not be disclosed in the

18  petition, the notice of hearing, or the judgment of adoption.

19         (2)  A petition for adoption or for a declaratory

20  statement as to the adoption contract shall be filed in the

21  county where the petition for termination of parental rights

22  was granted, unless the court, in accordance with s. 47.122,

23  changes the venue to the county where the petitioner or

24  petitioners or the minor child resides or where the adoption

25  entity with agency in which the minor child has been placed is

26  located. The circuit court in this state must retain

27  jurisdiction over the matter until a final judgment is entered

28  on the adoption. The Uniform Child Custody Jurisdiction Act

29  does not apply until a final judgment is entered on the

30  adoption.

31


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  1         (3)  Except for adoptions involving placement of a

  2  minor child with a relative within the third degree of

  3  consanguinity, a petition for adoption in an adoption handled

  4  by an adoption entity intermediary shall be filed within 60 30

  5  working days after entry of the judgment terminating parental

  6  rights placement of a child with a parent seeking to adopt the

  7  child.  If no petition is filed within 60 30 days, any

  8  interested party, including the state, may file an action

  9  challenging the prospective adoptive parent's physical custody

10  of the minor child.

11         (4)  If the filing of the petition for adoption or for

12  a declaratory statement as to the adoption contract in the

13  county where the petitioner or minor child resides would tend

14  to endanger the privacy of the petitioner or minor child, the

15  petition for adoption may be filed in a different county,

16  provided the substantive rights of any person will not thereby

17  be affected.

18         (5)  A proceeding for prior approval of fees and costs

19  may be commenced any time after an agreement is reached

20  between the birth mother and the adoptive parents by filing a

21  petition for declaratory statement on the agreement entitled

22  "In the Matter of the Proposed Adoption of a Minor Child" in

23  the circuit court.

24         (a)  The petition must be filed jointly by the adoption

25  entity and each person who enters into the agreement.

26         (b)  A contract for the payment of fees, costs, and

27  expenses permitted under this chapter must be in writing, and

28  any person who enters into the contract has 3 business days in

29  which to cancel the contract. To cancel the contract, the

30  person must notify the adoption entity in writing by certified

31  United States mail, return receipt requested, no later than 3


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  1  business days after signing the contract. For the purposes of

  2  this subsection, the term "business day" means a day on which

  3  the United States Postal Service accepts certified mail for

  4  delivery. If the contract is canceled within the first 3

  5  business days, the person who cancels the contract does not

  6  owe any legal, intermediary, or other fees, but may be

  7  responsible for the adoption entity's actual costs during that

  8  time.

  9         (c)  The court may grant prior approval only of fees

10  and expenses permitted under s. 63.097. A prior approval of

11  prospective fees and costs does not create a presumption that

12  these items will subsequently be approved by the court under

13  s. 63.132. The court, under s. 63.132, may order an adoption

14  entity to refund any amount paid under this subsection that is

15  subsequently found by the court to be greater than fees,

16  costs, and expenses actually incurred.

17         (d)  The contract may not require, and the court may

18  not approve, any lump-sum payment to the entity which is

19  nonrefundable to the payor or any amount that constitutes

20  payment for locating a minor for adoption.

21         (e)  When a petition for a declaratory statement as to

22  the adoption contract is filed prior to the commencement of

23  proceedings to terminate parental rights, it must be filed in

24  accordance with the venue requirements for the filing of the

25  petition terminating parental rights under s. 63.087. Pursuant

26  to s. 63.087, a previously filed petition for a declaratory

27  statement filed under this section must be consolidated with a

28  related subsequently filed petition for termination of

29  parental rights. If the petition for declaratory statement is

30  filed after the judgment terminating parental rights has been

31  entered, the action for declaratory statement must be


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  1  consolidated with any related petition for adoption. Only one

  2  filing fee may be assessed for both the adoption and

  3  declaratory statement petitions.

  4         (f)  Prior approval of fees and costs by the court does

  5  not obligate the parent to ultimately relinquish the minor for

  6  adoption. If a petition for adoption is subsequently filed,

  7  the petition for declaratory statement and the petition for

  8  adoption must be consolidated into one case.

  9         Section 22.  Section 63.112, Florida Statutes, is

10  amended to read:

11         63.112  Petition for adoption; description; report or

12  recommendation, exceptions; mailing.--

13         (1)  A sufficient number of copies of the petition for

14  adoption shall be signed and verified by the petitioner and

15  filed with the clerk of the court so that service may be made

16  under subsection (4) and shall state:

17         (a)  The date and place of birth of the person to be

18  adopted, if known;

19         (b)  The name to be given to the person to be adopted;

20         (c)  The date petitioner acquired custody of the minor

21  and the name of the person placing the minor;

22         (d)  The full name, age, and place and duration of

23  residence of the petitioner;

24         (e)  The marital status of the petitioner, including

25  the date and place of marriage, if married, and divorces, if

26  any;

27         (f)  The facilities and resources of the petitioner,

28  including those under a subsidy agreement, available to

29  provide for the care of the minor to be adopted;

30         (g)  A description and estimate of the value of any

31  property of the person to be adopted;


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  1         (h)  The case style and date of entry of the judgment

  2  terminating parental rights name and address, if known, of any

  3  person whose consent to the adoption is required, but who has

  4  not consented, and facts or circumstances that excuse the lack

  5  of consent; and

  6         (i)  The reasons why the petitioner desires to adopt

  7  the person.

  8         (2)  The following documents are required to be filed

  9  with the clerk of the court at the time the petition is filed:

10         (a)  A certified copy of the court judgment terminating

11  parental rights under chapter 39 or under this chapter. The

12  required consents, unless consent is excused by the court.

13         (b)  The favorable preliminary home study of the

14  department, licensed child-placing agency, or professional

15  pursuant to s. 63.092, as to the suitability of the home in

16  which the minor has been placed.

17         (c)  A copy of any declaratory statement previously

18  entered by the court pursuant to s. 63.102.

19         (d)(c)  The surrender document must include

20  documentation that an interview was interviews were held with:

21         1.  The birth mother, if parental rights have not been

22  terminated;

23         2.  The birth father, if his consent to the adoption is

24  required and parental rights have not been terminated; and

25         3.  the minor child, if older than 12 years of age,

26  unless the court, in the best interest of the minor child,

27  dispenses with the minor's child's consent under s.

28  63.062(1)(g) 63.062(1)(c).

29

30

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 23.  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 24.  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 25.  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.

31


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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  child.

  4         Section 26.  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 27.  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 licensed child-placing agency must be given


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  1  notice of hearing and be permitted to present to the court a

  2  report on the advisability of disclosing or not disclosing

  3  information pertaining to the adoption.  This subsection does

  4  not prohibit the department from inspecting and copying any

  5  official record pertaining to the adoption that is maintained

  6  by the department and does not prohibit an agency from

  7  inspecting and copying any official record pertaining to the

  8  adoption that is maintained by that agency.

  9         Section 28.  Section 63.165, Florida Statutes, is

10  amended to read:

11         63.165  State registry of adoption information; duty to

12  inform and explain.--Notwithstanding any other law to the

13  contrary, the department shall maintain a registry with the

14  last known names and addresses of an adoptee and his or her

15  natural parents whose consent was required under s. 63.062,

16  and adoptive parents and any other identifying information

17  that which the adoptee, natural parents whose consent was

18  required under s. 63.062, or adoptive parents desire to

19  include in the registry. The department shall maintain the

20  registry records for the time required by rules adopted by the

21  department in accordance with this chapter or for 99 years,

22  whichever period is greater. The registry shall be open with

23  respect to all adoptions in the state, regardless of when they

24  took place. The registry shall be available for those persons

25  choosing to enter information therein, but no one shall be

26  required to do so.

27         (1)  Anyone seeking to enter, change, or use

28  information in the registry, or any agent of such person,

29  shall present verification of his or her identity and, if

30  applicable, his or her authority.  A person who enters

31  information in the registry shall be required to indicate


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  1  clearly the persons to whom he or she is consenting to release

  2  this information, which persons shall be limited to the

  3  adoptee and the birth natural mother, natural father whose

  4  consent was required under s. 63.062, adoptive mother,

  5  adoptive father, birth natural siblings, and maternal and

  6  paternal birth natural grandparents of the adoptee.  Except as

  7  provided in this section, information in the registry is

  8  confidential and exempt from the provisions of s. 119.07(1).

  9  Consent to the release of this information may be made in the

10  case of a minor adoptee by his or her adoptive parents or by

11  the court after a showing of good cause.  At any time, any

12  person may withdraw, limit, or otherwise restrict consent to

13  release information by notifying the department in writing.

14         (2)  The department may charge a reasonable fee to any

15  person seeking to enter, change, or use information in the

16  registry.  The department shall deposit such fees in a trust

17  fund to be used by the department only for the efficient

18  administration of this section. The department and agencies

19  shall make counseling available for a fee to all persons

20  seeking to use the registry, and the department shall inform

21  all affected persons of the availability of such counseling.

22         (3)  The adoption entity department, intermediary, or

23  licensed child-placing agency must inform the birth parents

24  before parental rights are terminated, and the adoptive

25  parents before placement, in writing, of the existence and

26  purpose of the registry established under this section, but

27  failure to do so does not affect the validity of any

28  proceeding under this chapter.

29         Section 29.  Subsection (2) of section 63.202, Florida

30  Statutes, is amended to read:

31         63.202  Authority to license; adoption of rules.--


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  1         (2)  No agency shall place a minor for adoption unless

  2  such agency is licensed by the department, except a

  3  child-caring agency registered under s. 409.176.

  4         Section 30.  Section 63.207, Florida Statutes, is

  5  amended to read:

  6         63.207  Out-of-state placement.--

  7         (1)  Unless the parent placing a minor for adoption

  8  files an affidavit that the parent chooses to place the minor

  9  outside the state, giving the reason for that placement, or

10  the minor child is to be placed with a relative within the

11  third degree or with a stepparent, or the minor is a special

12  needs child, as defined in s. 409.166, or for other good cause

13  shown, an adoption entity may not no person except an

14  intermediary, an agency, or the department shall:

15         (a)  Take or send a minor child out of the state for

16  the purpose of placement for adoption; or

17         (b)  Place or attempt to place a minor child for the

18  purpose of adoption with a family who primarily lives and

19  works outside Florida in another state.  An intermediary may

20  place or attempt to place a child for adoption in another

21  state only if the child is a special needs child as that term

22  is defined in s. 409.166.  If an adoption entity intermediary

23  is acting under this subsection, the adoption entity must

24  intermediary shall file a petition for declaratory statement

25  pursuant to s. 63.102 for prior approval of fees and costs.

26  The court shall review the costs pursuant to s. 63.097.  The

27  petition for declaratory statement must be converted to a

28  petition for an adoption upon placement of the minor child in

29  the home.  The circuit court in this state must retain

30  jurisdiction over the matter until the adoption becomes final.

31  The prospective adoptive parents must come to this state to


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  1  have the adoption finalized.  Violation of the order subjects

  2  the adoption entity intermediary to contempt of court and to

  3  the penalties provided in s. 63.212.

  4         (2)  An adoption entity intermediary may not counsel a

  5  birth mother to leave the state for the purpose of giving

  6  birth to a child outside the state in order to secure a fee in

  7  excess of that permitted under s. 63.097 when it is the

  8  intention that the child is to be placed for adoption outside

  9  the state.

10         (3)  When applicable, the Interstate Compact on the

11  Placement of Children authorized in s. 409.401 shall be used

12  in placing children outside the state for adoption.

13         Section 31.  Section 63.212, Florida Statutes, is

14  amended to read:

15         63.212  Prohibited acts; penalties for violation;

16  preplanned adoption agreement.--

17         (1)  It is unlawful for any person:

18         (a)  Except the department, an intermediary, or an

19  agency, To place or attempt to place a minor child for

20  adoption with a person who primarily lives and works outside

21  this state unless the minor child is placed with a relative

22  within the third degree or with a stepparent.  An intermediary

23  may place or attempt to place a special needs child for

24  adoption with a person who primarily lives and works outside

25  this state only if the intermediary has a declaratory

26  statement from the court establishing the fees to be paid.

27  This requirement does not apply if the minor child is placed

28  by an adoption entity in accordance with s. 63.207 with a

29  relative within the third degree or with a stepparent.

30         (b)  Except the department, an intermediary, or an

31  agency, to place or attempt to place a child for adoption with


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  1  a family whose primary residence and place of employment is in

  2  another state unless the child is placed with a relative

  3  within the third degree or with a stepparent.  An intermediary

  4  may place or attempt to place a special needs child for

  5  adoption with a family whose primary residence and place of

  6  employment is in another state only if the intermediary has a

  7  declaratory statement from the court establishing the fees to

  8  be paid.  This requirement does not apply if the child is

  9  placed with a relative within the third degree or with a

10  stepparent.

11         (b)(c)  Except an adoption entity the Department of

12  Children and Family Services, an agency, or an intermediary,

13  to place or attempt to place within the state a minor child

14  for adoption unless the minor child is placed with a relative

15  within the third degree or with a stepparent.  This

16  prohibition, however, does not apply to a person who is

17  placing or attempting to place a minor child for the purpose

18  of adoption with the adoption entity Department of Children

19  and Family Services or an agency or through an intermediary.

20         (c)(d)  To sell or surrender, or to arrange for the

21  sale or surrender of, a minor child to another person for

22  money or anything of value or to receive such minor child for

23  such payment or thing of value.  If a minor child is being

24  adopted by a relative within the third degree or by a

25  stepparent, or is being adopted through an adoption entity,

26  this paragraph does not prohibit the Department of Children

27  and Family Services, an agency, or an intermediary, nothing

28  herein shall be construed as prohibiting the person who is

29  contemplating adopting the child from paying, under ss. 63.097

30  and 63.132, the actual prenatal care and living expenses of

31  the mother of the child to be adopted, or nor from paying,


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  1  under ss. 63.097 and 63.132, the actual living and medical

  2  expenses of such mother for a reasonable time, not to exceed 6

  3  weeks, if medical needs require such support, after the birth

  4  of the minor child.

  5         (d)(e)  Having the rights and duties of a parent with

  6  respect to the care and custody of a minor to assign or

  7  transfer such parental rights for the purpose of, incidental

  8  to, or otherwise connected with, selling or offering to sell

  9  such rights and duties.

10         (e)(f)  To assist in the commission of any act

11  prohibited in paragraphs (a)-(d) paragraph (a), paragraph (b),

12  paragraph (c), paragraph (d), or paragraph (e).

13         (f)(g)  Except an adoption entity the Department of

14  Children and Family Services or an agency, to charge or accept

15  any fee or compensation of any nature from anyone for making a

16  referral in connection with an adoption.

17         (g)(h)  Except an adoption entity the Department of

18  Children and Family Services, an agency, or an intermediary,

19  to advertise or offer to the public, in any way, by any medium

20  whatever that a minor child is available for adoption or that

21  a minor child is sought for adoption; and, further, it is

22  unlawful for any person to publish or broadcast any such

23  advertisement without including a Florida license number of

24  the agency or, attorney, or physician placing the

25  advertisement.

26         (h)(i)  To contract for the purchase, sale, or transfer

27  of custody or parental rights in connection with any child, or

28  in connection with any fetus yet unborn, or in connection with

29  any fetus identified in any way but not yet conceived, in

30  return for any valuable consideration.  Any such contract is

31  void and unenforceable as against the public policy of this


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  1  state.  However, fees, costs, and other incidental payments

  2  made in accordance with statutory provisions for adoption,

  3  foster care, and child welfare are permitted, and a person may

  4  agree to pay expenses in connection with a preplanned adoption

  5  agreement as specified below, but the payment of such expenses

  6  may not be conditioned upon the transfer of parental rights.

  7  Each petition for adoption which is filed in connection with a

  8  preplanned adoption agreement must clearly identify the

  9  adoption as a preplanned adoption arrangement and must include

10  a copy of the preplanned adoption agreement for review by the

11  court.

12         1.  Individuals may enter into a preplanned adoption

13  arrangement as specified herein, but such arrangement shall

14  not in any way:

15         a.  Effect final transfer of custody of a child or

16  final adoption of a child, without review and approval of the

17  department and the court, and without compliance with other

18  applicable provisions of law.

19         b.  Constitute consent of a mother to place her child

20  for adoption until 7 days following birth, and unless the

21  court making the custody determination or approving the

22  adoption determines that the mother was aware of her right to

23  rescind within the 7-day period following birth but chose not

24  to rescind such consent.

25         2.  A preplanned adoption arrangement shall be based

26  upon a preplanned adoption agreement that must which shall

27  include, but need not be limited to, the following terms:

28         a.  That the volunteer mother agrees to become pregnant

29  by the fertility technique specified in the agreement, to bear

30  the child, and to terminate any parental rights and

31  responsibilities to the child she might have through a written


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  1  consent executed at the same time as the preplanned adoption

  2  agreement, subject to a right of rescission by the volunteer

  3  mother any time within 7 days after the birth of the child.

  4         b.  That the volunteer mother agrees to submit to

  5  reasonable medical evaluation and treatment and to adhere to

  6  reasonable medical instructions about her prenatal health.

  7         c.  That the volunteer mother acknowledges that she is

  8  aware that she will assume parental rights and

  9  responsibilities for the child born to her as otherwise

10  provided by law for a mother, if the intended father and

11  intended mother terminate the agreement before final transfer

12  of custody is completed, or if a court determines that a

13  parent clearly specified by the preplanned adoption agreement

14  to be the biological parent is not the biological parent, or

15  if the preplanned adoption is not approved by the court

16  pursuant to the Florida Adoption Act.

17         d.  That an intended father who is also the biological

18  father acknowledges that he is aware that he will assume

19  parental rights and responsibilities for the child as

20  otherwise provided by law for a father, if the agreement is

21  terminated for any reason by any party before final transfer

22  of custody is completed or if the planned adoption is not

23  approved by the court pursuant to the Florida Adoption Act.

24         e.  That the intended father and intended mother

25  acknowledge that they may not receive custody or the parental

26  rights under the agreement if the volunteer mother terminates

27  the agreement or if the volunteer mother rescinds her consent

28  to place her child for adoption within 7 days after birth.

29         f.  That the intended father and intended mother may

30  agree to pay all reasonable legal, medical, psychological, or

31  psychiatric expenses of the volunteer mother related to the


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  1  preplanned adoption arrangement, and may agree to pay the

  2  reasonable living expenses of the volunteer mother.  No other

  3  compensation, whether in cash or in kind, shall be made

  4  pursuant to a preplanned adoption arrangement.

  5         g.  That the intended father and intended mother agree

  6  to accept custody of and to assert full parental rights and

  7  responsibilities for the child immediately upon the child's

  8  birth, regardless of any impairment to the child.

  9         h.  That the intended father and intended mother shall

10  have the right to specify the blood and tissue typing tests to

11  be performed if the agreement specifies that at least one of

12  them is intended to be the biological parent of the child.

13         i.  That the agreement may be terminated at any time by

14  any of the parties.

15         3.  A preplanned adoption agreement shall not contain

16  any provision:

17         a.  To reduce any amount paid to the volunteer mother

18  if the child is stillborn or is born alive but impaired, or to

19  provide for the payment of a supplement or bonus for any

20  reason.

21         b.  Requiring the termination of the volunteer mother's

22  pregnancy.

23         4.  An attorney who represents an intended father and

24  intended mother or any other attorney with whom that attorney

25  is associated shall not represent simultaneously a female who

26  is or proposes to be a volunteer mother in any matter relating

27  to a preplanned adoption agreement or preplanned adoption

28  arrangement.

29         5.  Payment to agents, finders, and intermediaries,

30  including attorneys and physicians, as a finder's fee for

31  finding volunteer mothers or matching a volunteer mother and


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  1  intended father and intended mother is prohibited.  Doctors,

  2  psychologists, attorneys, and other professionals may receive

  3  reasonable compensation for their professional services, such

  4  as providing medical services and procedures, legal advice in

  5  structuring and negotiating a preplanned adoption agreement,

  6  or counseling.

  7         6.  As used in this paragraph, the term:

  8         a.  "Blood and tissue typing tests" include, but are

  9  not limited to, tests of red cell antigens, red cell

10  isoenzymes, human leukocyte antigens, and serum proteins.

11         b.  "Child" means the child or children conceived by

12  means of an insemination that is part of a preplanned adoption

13  arrangement.

14         c.  "Fertility technique" means artificial

15  embryonation, artificial insemination, whether in vivo or in

16  vitro, egg donation, or embryo adoption.

17         d.  "Intended father" means a male who, as evidenced by

18  a preplanned adoption agreement, intends to have the parental

19  rights and responsibilities for a child conceived through a

20  fertility technique, regardless of whether the child is

21  biologically related to the male.

22         e.  "Intended mother" means a female who, as evidenced

23  by a preplanned adoption agreement, intends to have the

24  parental rights and responsibilities for a child conceived

25  through a fertility technique, regardless of whether the child

26  is biologically related to the female.

27         f.  "Parties" means the intended father and intended

28  mother, the volunteer mother and her husband, if she has a

29  husband, who are all parties to the preplanned adoption

30  agreement.

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  1         g.  "Preplanned adoption agreement" means a written

  2  agreement among the parties that specifies the intent of the

  3  parties as to their rights and responsibilities in the

  4  preplanned adoption arrangement, consistent with the

  5  provisions of this act.

  6         h.  "Preplanned adoption arrangement" means the

  7  arrangement through which the parties enter into an agreement

  8  for the volunteer mother to bear the child, for payment by the

  9  intended father and intended mother of the expenses allowed by

10  this act, for the intended father and intended mother to

11  assert full parental rights and responsibilities to the child

12  if consent to adoption is not rescinded after birth by the

13  volunteer mother, and for the volunteer mother to terminate,

14  subject to a right of rescission, in favor of the intended

15  father and intended mother all her parental rights and

16  responsibilities to the child.

17         i.  "Volunteer mother" means a female person at least

18  18 years of age who voluntarily agrees, subject to a right of

19  rescission, that if she should become pregnant pursuant to a

20  preplanned adoption arrangement, she will terminate in favor

21  of the intended father and intended mother her parental rights

22  and responsibilities to the child.

23         (2)(a)  It is unlawful for any person under this

24  chapter to:

25         1.  Knowingly provide false information; or

26         2.  Knowingly withhold material information.

27         (b)  It is unlawful for a parent, with the intent to

28  defraud, to accept benefits related to the same pregnancy from

29  more than one adoption entity without disclosing that fact to

30  each entity.

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  1         (c)  It is unlawful for any person who knows that the

  2  parent whose rights are to be terminated intends to object to

  3  said termination to intentionally file the petition for

  4  termination of parental rights in a county inconsistent with

  5  the required venue under such circumstances.

  6

  7  Any person who willfully violates any provision of this

  8  subsection commits a misdemeanor of the second degree,

  9  punishable as provided in s. 775.082 or s. 775.083. In

10  addition, such person is liable for damages caused by such

11  acts or omissions, including reasonable attorney's fees and

12  costs. Damages may be awarded through restitution in any

13  related criminal prosecution or by filing a separate civil

14  action.

15         (3)(2)  This section does not Nothing herein shall be

16  construed to prohibit an adoption entity a licensed

17  child-placing agency from charging fees permitted under this

18  chapter and reasonably commensurate to the services provided.

19         (4)(3)  It is unlawful for any adoption entity

20  intermediary to fail to report to the court, prior to

21  placement, the intended placement of a minor child for

22  purposes of adoption with any person not a stepparent or a

23  relative within the third degree, if the adoption entity

24  intermediary participates in such intended placement.

25         (5)(4)  It is unlawful for any adoption entity

26  intermediary to charge any fee except those fees permitted

27  under s. 63.097 and approved under s. 63.102 over $1,000 and

28  those costs as set out in paragraph (1)(d) over $2,500, other

29  than for actual documented medical costs, court costs, and

30  hospital costs unless such fee is approved by the court prior

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  1  to the assessment of the fee by the intermediary and upon a

  2  showing of justification for the larger fee.

  3         (6)(5)  It is unlawful for any adoption entity

  4  intermediary to counsel a birth mother to leave the state for

  5  the purpose of giving birth to a child outside the state in

  6  order to secure a fee in excess of that permitted under s.

  7  63.097 when it is the intention that the child be placed for

  8  adoption outside the state.

  9         (7)(6)  It is unlawful for any adoption entity

10  intermediary to obtain a preliminary home study or final home

11  investigation and fail to disclose the existence of the study

12  or investigation to the court.

13         (8)(7)  Unless otherwise indicated, a person who

14  violates any provision of this section, excluding paragraph

15  (1)(g)(h), commits is guilty of a felony of the third degree,

16  punishable as provided in s. 775.082, s. 775.083, or s.

17  775.084.  A person who violates paragraph (1)(g)(h) commits is

18  guilty of a misdemeanor of the second degree, punishable as

19  provided in s. 775.083; and each day of continuing violation

20  shall be considered a separate offense.

21         Section 32.  Section 63.219, Florida Statutes, is

22  amended to read:

23         63.219  Sanctions.--Upon a finding by the court that an

24  adoption entity intermediary or agency has violated any

25  provision of this chapter, the court is authorized to prohibit

26  the adoption entity intermediary or agency from placing a

27  minor for adoption in the future.

28         Section 33.  Section 63.2325, Florida Statutes, is

29  created to read:

30         63.2325  Conditions for revocation of a consent to

31  adoption or affidavit of nonpaternity.--Notwithstanding the


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  1  requirements of this chapter, a failure to meet any of those

  2  requirements does not constitute grounds for revocation of a

  3  consent to adoption or withdrawal of an affidavit of

  4  nonpaternity unless the extent and circumstances of such a

  5  failure result in a material failure of fundamental fairness

  6  in the administration of due process, or the failure

  7  constitutes or contributes to fraud or duress in obtaining a

  8  consent to adoption or affidavit of nonpaternity.

  9         Section 34.  Subsection (39) of section 984.03, Florida

10  Statutes, is amended to read:

11         984.03  Definitions.--When used in this chapter, the

12  term:

13         (39)  "Parent" means a woman who gives birth to a child

14  and a man whose consent to the adoption of the child would be

15  required under s. 63.062(1)(b). If a child has been legally

16  adopted, the term "parent" means the adoptive mother or father

17  of the child. The term does not include an individual whose

18  parental relationship to the child has been legally

19  terminated, or an alleged or prospective parent, unless the

20  parental status falls within the terms of either s. 39.503(1)

21  or s. 63.062(1)(b).

22         Section 35.  Subsection (40) of section 985.03, Florida

23  Statutes, is amended to read:

24         985.03  Definitions.--When used in this chapter, the

25  term:

26         (40)  "Parent" means a woman who gives birth to a child

27  and a man whose consent to the adoption of the child would be

28  required under s. 63.062(1)(b). If a child has been legally

29  adopted, the term "parent" means the adoptive mother or father

30  of the child. The term does not include an individual whose

31  parental relationship to the child has been legally


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  1  terminated, or an alleged or prospective parent, unless the

  2  parental status falls within the terms of either s. 39.503(1)

  3  or s. 63.062(1)(b).

  4         Section 36.  Section 63.072, Florida Statutes, is

  5  repealed.

  6         Section 37.  Any petition for adoption filed before

  7  October 1, 2001, shall be governed by the law in effect at the

  8  time the petition was filed.

  9         Section 38.  If any provision of this act or the

10  application thereof to any person or circumstance is held

11  invalid, the invalidity does not affect other provisions or

12  applications of the act which can be given effect without the

13  invalid provision or application, and to this end the

14  provisions of this act are declared severable.

15         Section 39.  Section 395.1024, F.S., is created to

16  read:

17         395.1024  Patients Consenting to Adoptions; Protocols

18         (1)  Each licensed facility shall adopt a protocol that

19  at a minimum provides for facility staff to be knowledgeable

20  of the waiting periods, revocation and the contents of the

21  consent to adoption as contained in s. 63.082(4), and

22  describes the supportive and unbiased manner in which facility

23  staff will interact with birth parents and prospective

24  adoptive parents regarding the adoption, in particular during

25  the waiting period required in s. 63.082(4)(b) before

26  consenting to an adoption.

27         (2)  The protocol shall be in writing and be provided

28  upon request to any birth parent or prospective adoptive

29  parent of a child born in the facility.

30         Section 40.  Section 383.310, F.S., is created to read:

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  1         383.310, F.S., Patients Consenting to Adoptions;

  2  Protocols

  3         (1)  Each licensed facility shall adopt a protocol that

  4  at a minimum provides for facility staff to be knowledgeable

  5  of the waiting periods, revocation and the contents of the

  6  consent to adoption as contained in s. 63.082(4), and

  7  describes the supportive and unbiased manner in which facility

  8  staff will interact with birth parents and prospective

  9  adoptive parents regarding the adoption, in particular during

10  the waiting period required in s. 63.082(4)(b) before

11  consenting to an adoption.

12         (2)  The protocol shall be in writing and be provided

13  upon request to any birth parent or prospective adoptive

14  parent of a child born in the facility.

15         Section 41.  This act shall take effect October 1,

16  2001.

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