CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1312
Amendment No. 2 Barcode 774006
CHAMBER ACTION
Senate House
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11 The Committee on Children and Families recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 41, between lines 16 and 17,
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18 Section 5. Subsection(6) of Section 63.087, Florida
19 Statutes, is amended to read:
20 63.087 Proceeding to terminate parental rights pending
21 adoption; general provisions.--
22 (6) PETITION.--
23 (a) A proceeding seeking to terminate parental rights
24 pending adoption pursuant to this chapter must be initiated by
25 the filing of an original petition after the birth of the
26 minor.
27 (b) The petition may be filed by a parent or person
28 having legal custody of the minor. The petition may be filed
29 by an adoption entity only if a parent or person having legal
30 custody who has executed a consent to adoption pursuant to s.
31 63.082 consents in writing to the entity filing the petition.
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SENATE AMENDMENT
Bill No. CS for SB 1312
Amendment No. 2 Barcode 774006
1 The original of such consent must be filed with the petition.
2 (c) The petition must be entitled: "In the Matter of
3 the Termination of Parental Rights for the Proposed Adoption
4 of a Minor Child."
5 (d) A petition to terminate parental rights must be
6 consolidated with a previously filed petition for a
7 declaratory statement filed under s. 63.102. Only one filing
8 fee may be assessed for both the termination of parental
9 rights and declaratory statement petitions.
10 (e) The petition to terminate parental rights pending
11 adoption must be in writing and signed by the petitioner under
12 oath stating the petitioner's good faith in filing the
13 petition. A written consent to adoption, affidavit of
14 nonpaternity, or affidavit of diligent search under s. 63.088,
15 for each person whose consent to adoption is required under s.
16 63.062, must be executed and attached.
17 (f) The petition must include:
18 1. The minor's name, gender, date of birth, and place
19 of birth. The petition must contain all names by which the
20 minor is or has been known, excluding the minor's prospective
21 adoptive name but including the minor's legal name at the time
22 of the filing of the petition, to allow interested parties to
23 the action, including parents, persons having legal custody of
24 the minor, persons with custodial or visitation rights to the
25 minor, and persons entitled to notice pursuant to the Uniform
26 Child Custody Jurisdiction and Enforcement Act or the Indian
27 Child Welfare Act, to identify their own interest in the
28 action.
29 2. If the petition is filed before the day the minor
30 is 6 months old and if the identity or location of the father
31 is unknown, each city in which the mother resided or traveled,
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SENATE AMENDMENT
Bill No. CS for SB 1312
Amendment No. 2 Barcode 774006
1 in which conception may have occurred, during the 12 months
2 before the minor's birth, including the county and state in
3 which that city is located.
4 3. Unless a consent to adoption or affidavit of
5 nonpaternity executed by each person whose consent is required
6 under s. 63.062 is attached to the petition, the name and the
7 city of residence, including the county and state in which
8 that city is located, of:
9 a. The minor's mother;
10 b. Any man who the mother reasonably believes may be
11 the minor's father; and
12 c. Any person who has legal custody, as defined in s.
13 39.01, of the minor.
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15 If a required name or address is not known, the petition must
16 so state.
17 4. All information required by the Uniform Child
18 Custody Jurisdiction and Enforcement Act and the Indian Child
19 Welfare Act.
20 5. A statement of the grounds under s. 63.089 upon
21 which the petition is based.
22 6. The name, address, and telephone number of any
23 adoption entity seeking to place the minor for adoption.
24 7. The name, address, and telephone number of the
25 division of the circuit court in which the petition is to be
26 filed.
27 8. A certification of compliance with the requirements
28 of s. 63.0425 regarding notice to grandparents of an impending
29 adoption.
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31 (Redesignate subsequent sections.)
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SENATE AMENDMENT
Bill No. CS for SB 1312
Amendment No. 2 Barcode 774006
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 3, line 9, after "39.502"
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6 , 63.087
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