Senate Bill sb2456c1

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    Florida Senate - 2003                           CS for SB 2456

    By the Committee on Judiciary; and Senators Lynn, Campbell and
    Bennett




    308-2382-03

  1                      A bill to be entitled

  2         An act relating to adoption; amending s.

  3         63.022, F.S.; providing legislative findings

  4         and intent with respect to the rights and

  5         responsibilities of adoptive children,

  6         biological parents, and adoptive parents;

  7         providing that certain requirements do not

  8         apply to an adoption involving a relative or

  9         stepchild; providing legislative intent

10         concerning cooperation between the Department

11         of Children and Family Services and private

12         adoption entities; amending s. 63.032, F.S.;

13         revising definitions; defining the terms

14         "unmarried biological father" and "adoption

15         plan"; amending s. 63.039, F.S.; providing for

16         an award of certain fees and costs in the event

17         of fraud or duress at the discretion of the

18         court; requiring that certain court findings of

19         sanctionable conduct be forwarded to the Office

20         of the Attorney General; amending s. 63.042,

21         F.S.; revising provisions specifying who may

22         adopt; amending s. 63.0423, F.S.; revising

23         references to newborn infants; authorizing a

24         child-placing agency to remove an abandoned

25         infant from a placement under certain

26         circumstances; revising requirements for

27         conducting a diligent search to identify a

28         parent of an abandoned infant; revising certain

29         requirements for the court; revising time

30         periods for providing notice of certain

31         actions; revising the period within which a

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    Florida Senate - 2003                           CS for SB 2456
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 1         judgment of termination of parental rights may

 2         be voided; amending s. 63.0425, F.S.; revising

 3         requirements for notifying a grandparent with

 4         whom the child has resided of a hearing on a

 5         petition for termination of parental rights;

 6         deleting a requirement that the court give

 7         first priority for adoption to the grandparent

 8         under certain conditions; amending s. 63.0427,

 9         F.S.; revising provisions governing a minor's

10         right to communicate with siblings and other

11         relatives; providing for postadoption

12         communication or contact with parents whose

13         parental rights have been terminated; amending

14         s. 63.043, F.S.; deleting provisions

15         prohibiting certain screening or testing for

16         purposes of employment or admission into

17         educational institutions; amending s. 63.052,

18         F.S.; revising provisions specifying the entity

19         that may be the guardian of a minor placed for

20         an adoption; revising the responsibilities and

21         authority of the guardian; creating s. 63.053,

22         F.S.; providing legislative findings with

23         respect to the rights and responsibilities of

24         an unmarried biological father; creating s.

25         63.054, F.S.; providing requirements for the

26         unmarried biological father to establish

27         parental rights; creating the Florida Putative

28         Father Registry within the Office of Vital

29         Statistics of the Department of Health;

30         providing requirements for registering with the

31         Florida Putative Father Registry; providing

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    Florida Senate - 2003                           CS for SB 2456
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 1         requirements for searching the registry;

 2         directing the Department of Health to provide

 3         for an application and inform the public of the

 4         Florida Putative Father Registry; providing for

 5         removal of the registrant s name from the

 6         registry; providing rulemaking authority;

 7         amending s. 63.062, F.S.; revising provisions

 8         specifying the persons from whom a consent for

 9         adoption is required; providing conditions

10         under which the consent for adoption of an

11         unmarried biological father must be obtained;

12         authorizing the execution of an affidavit of

13         nonpaternity prior to the birth of the child;

14         deleting requirements for a form for the

15         affidavit of nonpaternity; revising the

16         conditions under which a petition to adopt an

17         adult may be granted; revising venue

18         requirements for terminating parental rights;

19         creating s. 63.063, F.S.; providing for the

20         responsibilities of each party pertaining to

21         fraudulent actions; providing requirements for

22         a biological father to contest a termination of

23         parental rights; creating s. 63.064, F.S.;

24         authorizing the court to waive the requirement

25         that consent for adoption be obtained from

26         certain persons; amending s. 63.082, F.S.;

27         revising requirements for executing a consent

28         for adoption and obtaining certain information

29         concerning the child and birth parents;

30         providing for executing an affidavit of

31         nonpaternity prior to the birth of the child;

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    Florida Senate - 2003                           CS for SB 2456
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 1         authorizing an adoption entity to intervene as

 2         a party in interest under certain

 3         circumstances; providing for placement of a

 4         minor when the minor is in the custody of the

 5         Department of Children and Family Services;

 6         revising requirements for withdrawing a consent

 7         for adoption; amending s. 63.085, F.S.;

 8         revising the requirements for required

 9         disclosures by an adoption entity; amending s.

10         63.087, F.S.; revising provisions governing the

11         proceedings for terminating parental rights

12         pending adoption; revising the venue

13         requirements for filing a petition to terminate

14         parental rights; revising requirements for a

15         petition for terminating parental rights

16         pending adoption; amending s. 63.088, F.S.;

17         providing for limited notice requirements for

18         an unmarried biological father; revising the

19         period within which an inquiry and diligent

20         search must be initiated; revising requirements

21         for notice concerning the termination of

22         parental rights; revising the individuals for

23         whom information regarding identity is

24         required; revising the inquiries required for

25         diligent search; revising requirements for

26         constructive service; amending s. 63.089, F.S.;

27         revising hearing requirements for terminating

28         parental rights; revising conditions under

29         which the court may enter a judgment

30         terminating parental rights; revising

31         conditions for making a finding of abandonment;

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 1         revising requirements for issuing and voiding a

 2         judgment terminating parental rights; amending

 3         s. 63.092, F.S.; revising requirements for

 4         placing of a minor by an adoption entity;

 5         revising requirements for a preliminary home

 6         study; amending s. 63.097, F.S.; revising the

 7         fees, costs, and expenses that may be assessed

 8         by an adoption entity; revising the total of

 9         the fees, costs, and expenses for which court

10         approval is required; prohibiting certain fees,

11         costs, and expenses; amending s. 63.102, F.S.;

12         revising the period within which a petition for

13         adoption may be filed; providing for exceptions

14         for adoptions of adults and adoptions by

15         stepparents and relatives; revising

16         requirements pertaining to prior approval of

17         fees and costs; providing for the clerk of the

18         court to charge one filing fee for certain

19         adoption-related actions; amending s. 63.112,

20         F.S.; revising requirements for the petition

21         documents for an adoption; amending s. 63.122,

22         F.S.; providing requirements for the notice of

23         the hearing on the petition for adoption;

24         amending s. 63.125, F.S.; revising the period

25         within which a home investigation report must

26         be filed; amending s. 63.132, F.S.; revising

27         the period within which an affidavit of

28         expenses and receipts must be filed; revising

29         requirements for the affidavit of expenses and

30         receipts; providing an exception for the

31         adoption of a relative or an adult; amending s.

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 1         63.135, F.S.; requiring that certain

 2         information be provided to the court for all

 3         adoption proceedings; amending s. 63.142, F.S.;

 4         allowing persons to appear before the court

 5         telephonically; revising conditions under which

 6         a judgment terminating parental rights is

 7         voidable; revising requirements pertaining to

 8         the court's consideration of setting aside a

 9         judgment terminating parental rights; amending

10         s. 63.152, F.S.; revising the entities

11         responsible for preparing a statement of the

12         adoption for the state registrar of vital

13         statistics; requiring the clerk of the court to

14         transmit the statement of the adoption to the

15         state registrar; amending s. 63.162, F.S.;

16         revising certain notice requirements concerning

17         the disclosure of information pertaining to an

18         adoption; amending s. 63.167, F.S.; authorizing

19         the department to contract with more than one

20         child-placing agency for the operation of a

21         state adoption information center; amending s.

22         63.182, F.S.; revising the statute of repose to

23         conform to changes made by the act; repealing

24         s. 63.185, F.S., relating to the residency

25         requirement for adoptions; amending s. 63.207,

26         F.S.; providing for the court's jurisdiction

27         with respect to out-of-state placements;

28         amending s. 63.212, F.S.; requiring an

29         out-of-state adoption to be in compliance with

30         the Interstate Compact for the Placement of

31         Children when applicable; deleting certain

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    Florida Senate - 2003                           CS for SB 2456
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 1         provisions concerning preplanned adoption

 2         agreements; revising acts that are unlawful

 3         pertaining to adoptions; creating s. 63.213,

 4         F.S.; providing requirements for a preplanned

 5         adoption arrangement; providing definitions;

 6         amending s. 63.219, F.S.; revising conditions

 7         under which the court may sanction an adoption

 8         entity; amending s. 63.235, F.S.; providing

 9         application; providing an effective date.

10  

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

12  

13         Section 1.  Section 63.022, Florida Statutes, is

14  amended to read:

15         63.022  Legislative intent.--

16         (1)  The Legislature finds that:

17         (a)  The state has a compelling interest in providing

18  stable and permanent homes for adoptive children in a prompt

19  manner, in preventing the disruption of adoptive placements,

20  and in holding parents accountable for meeting the needs of

21  children.

22         (b)  An unmarried mother faced with the responsibility

23  of making crucial decisions about the future of a newborn

24  child is entitled to privacy, has the right to make timely and

25  appropriate decisions regarding her future and the future of

26  the child, and is entitled to assurance regarding an adoptive

27  placement.

28         (c)  Adoptive children have the right to permanence and

29  stability in adoptive placements.

30         (d)  Adoptive parents have a constitutional privacy

31  interest in retaining custody of a legally adopted child.

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 1         (e)  An unmarried biological father has an inchoate

 2  interest that acquires constitutional protection only when he

 3  demonstrates a timely and full commitment to the

 4  responsibilities of parenthood, both during the pregnancy and

 5  after the child's birth. The state has a compelling interest

 6  in requiring an unmarried biological father to demonstrate

 7  that commitment by providing appropriate medical care and

 8  financial support and by establishing legal paternity rights

 9  in accordance with the requirements of this chapter.

10         (2)  It is the intent of the Legislature that in every

11  adoption, the best interest of the child should govern and be

12  of foremost concern in the court's determination. The court

13  shall make a specific finding as to the best interest of the

14  child in accordance with the provisions of this chapter.

15         (3)(1)  It is the intent of the Legislature to protect

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

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

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

19  appropriate possible, to maintain sibling groups.

20         (4)(2)  The basic safeguards intended to be provided by

21  this chapter are that:

22         (a)  The minor is legally free for adoption and that

23  all adoptions are handled in accordance with the requirements

24  of law.

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

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

27  court.

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

29  court considers the reports of these studies prior to judgment

30  on adoption petitions.

31  

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    Florida Senate - 2003                           CS for SB 2456
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 1         (d)  All placements of minors for adoption are reported

 2  to the Department of Children and Family Services, except

 3  relative, adult, and stepparent adoptions.

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

 5  the minor has lived within the proposed adoptive home under

 6  the guidance of an adoption entity, except stepparent

 7  adoptions or adoptions of a relative the department, a

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

 9  child-placing agency.

10         (f)  All expenditures by adoption entities or adoptive

11  parents relative to the adoption of placing, and persons

12  independently adopting, a minor are reported to the court and

13  become a permanent record in the file of the adoption

14  proceedings, including, but not limited to, all legal fees and

15  costs, all payments to or on behalf of a birth parent, and all

16  payments to or on behalf of the minor.

17         (g)  Social and medical information concerning the

18  minor and the parents is furnished by the parent when

19  available and filed with the court before a final hearing on a

20  petition to terminate parental rights pending adoption, unless

21  the petitioner is a stepparent or a relative.

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

23  the adoption judgment.

24         (i)  At the time of the hearing, the court may order

25  temporary substitute care when it determines that the minor is

26  in an unsuitable home.

27         (j)  The records of all proceedings concerning custody

28  and adoption of a minor are confidential and exempt from s.

29  119.07(1), except as provided in s. 63.162.

30  

31  

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    Florida Senate - 2003                           CS for SB 2456
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 1         (k)  The birth parent, the prospective adoptive parent,

 2  and the minor receive, at a minimum, the safeguards, guidance,

 3  counseling, and supervision required in this chapter.

 4         (l)  In all matters coming before the court under this

 5  chapter, the court shall enter such orders as it deems

 6  necessary and suitable to promote and protect the best

 7  interests of the person to be adopted.

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

 9  where termination of parental rights occurs, and siblings are

10  separated despite diligent efforts of the department,

11  continuing postadoption communication or contact among the

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

13  best interests of the children.

14         (5)  It is the intent of the Legislature to provide for

15  cooperation between private adoption entities and the

16  Department of Children and Family Services in matters relating

17  to permanent placement options for children in the care of the

18  department whose birth parents wish to participate in a

19  private adoption plan with a qualified family.

20         Section 2.  Section 63.032, Florida Statutes, is

21  amended to read:

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

23  term:

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

25  or person having legal custody of a child, while being able,

26  makes no provision for the child's support and makes little or

27  no effort to communicate with the child, which situation is

28  sufficient to evince an intent to reject a willful rejection

29  of parental responsibilities obligations. If, in the opinion

30  of the court, the efforts of such parent or person having

31  legal custody of the child 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)  "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, or a child-placing agency licensed in another

15  state which is qualified by the department to place children

16  in the State of Florida.

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

18         (5)  "Agency" means any child-placing agency licensed

19  by the department pursuant to s. 63.202 to place minors for

20  adoption.

21         (6)  "Child" means a son or daughter, whether by birth

22  or adoption.

23         (7)  "Court" means any circuit court of this state and,

24  when the context requires, the court of any state that is

25  empowered to grant petitions for adoption.

26         (8)  "Department" means the Department of Children and

27  Family Services.

28         (9)  "Intermediary" means an attorney who is licensed

29  or authorized to practice in this state and who is placing or

30  intends to place a child for adoption, including placing or,

31  for the purpose of adoptive placements of children born in

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 1  another from out of state with citizens of this state or

 2  country or placing children born in this state with citizens

 3  of another state or country, a child-placing agency licensed

 4  in another state that is qualified by the department.

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

 6  39.01.

 7         (11)  "Minor" means a person under the age of 18 years.

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

 9  39.01.

10         (13)  "Person" includes a natural person, corporation,

11  government or governmental subdivision or agency, business

12  trust, estate, trust, partnership, or association, and any

13  other legal entity.

14         (14)  "Relative" means a person related by blood to the

15  person being adopted within the third degree of consanguinity

16  has the same meaning ascribed in s. 39.01.

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

18  parent or legal guardian surrendering person giving a child up

19  for adoption and the prospective adoptive parents receiving

20  and adopting the child, and includes all actions by any person

21  or adoption entity participating in the process.

22         (16)  "Placement" means the process of a parent or

23  legal guardian surrendering a child for adoption and the

24  prospective adoptive parents receiving and adopting the child

25  and all actions by any adoption entity participating in

26  placing the child.

27         (17)(16)  "Primarily lives and works outside Florida"

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

29  residence and place of employment in Florida."

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

31  Florida" means a person who lives and works outside in this

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 1  state at least 6 months of the year, and intends to do so for

 2  the foreseeable future or military personnel who designate

 3  Florida as their place of residence in accordance with the

 4  Soldiers' and Sailors' Civil Relief Act of 1940, or employees

 5  of the United States Department of State living in a foreign

 6  country who designate a state other than Florida as their

 7  place of residence.

 8         (18)  "Suitability of the intended placement" includes

 9  the fitness of the intended placement, with primary

10  consideration being given to the best interest welfare of the

11  child; the fitness and capabilities of the adoptive parent or

12  parents to function as parent or parents for a particular

13  child; any familial relationship between the child and the

14  prospective placement; and the compatibility of the child with

15  the home in which the child is intended to be placed.

16         (19)  "Unmarried biological father" means the child's

17  biological father who is not married to the child's mother at

18  the time of conception or birth of the child and who has not

19  been declared by a court of competent jurisdiction to be the

20  legal father of the child.

21         (20) "Adoption plan  means arrangements made by a birth

22  parent or other individual having a legal right to custody of

23  a minor child, born or to be born, with an adoption entity in

24  furtherance of the placement of the minor for adoption.

25         Section 3.  Section 63.039, Florida Statutes, is

26  amended to read:

27         63.039  Duty of adoption entity to prospective adoptive

28  parents; sanctions.--

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

30  has an affirmative duty to follow the requirements of this

31  chapter and specifically the following provisions, which

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

 2  and their parents and prospective adoptive parents by

 3  promoting certainty, finality, and permanency for such

 4  persons. The adoption entity must:

 5         (a)  Provide written initial disclosure to the

 6  prospective adoptive parent at the time and in the manner

 7  required under s. 63.085.

 8         (b)  Provide written initial and postbirth disclosure

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

10  63.085.

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

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

13  under s. 63.082.

14         (d)  When a written consent or affidavit of

15  nonpaternity for adoption is obtained, obtain a consent to

16  adoption or affidavit of nonpaternity that contains the

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

18         (e)  Include in the petition to terminate parental

19  rights pending adoption all information required under s.

20  63.087(6)(e) and (f).

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

22  to s. 63.088(4)(3), if the required inquiry is not conducted

23  orally in the presence of the court.

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

25  adoption is necessary under this chapter is known but the

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

27  search and file the affidavit required under s. 63.088(5)(4).

28         (h)  Serve a the petition and notice of hearing to

29  terminate parental rights pending adoption at the time and in

30  the manner prescribed by law required by s. 63.088.

31  

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

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

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

 4  be located in a county other than the county where a the

 5  parent whose rights are to be terminated resides.

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

 7  affidavit of nonpaternity taken under this chapter was

 8  obtained by fraud or under duress attributable to the adoption

 9  entity, the court may must award all sums paid by the

10  prospective adoptive parents or on their behalf in

11  anticipation of or in connection with the adoption. The court

12  may also award reasonable attorney's fees and costs incurred

13  by the prospective adoptive parents in connection with the

14  adoption and any litigation related to placement or adoption

15  of a minor. The court may must award reasonable attorney's

16  fees and costs, if any, incurred by the person whose consent

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

18  under this subsection to the prospective adoptive parents or

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

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

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

22  adoption entity if the court determines, after an evidentiary

23  hearing held subsequent to the entry of a final order in the

24  underlying termination of parental rights or adoption action,

25  that the actions or failures of the adoption entity directly

26  contributed to the finding of fraud or duress.

27         (3)  The prevailing party If a person whose consent to

28  an adoption is required under s. 63.062 prevails in an action

29  to set aside a judgment terminating parental rights pending

30  adoption, or a judgment of adoption may be awarded, the court

31  must award reasonable attorney's fees and costs to the

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 1  prevailing party. An award under this subsection must be paid

 2  by the adoption entity or by any applicable insurance carrier

 3  on behalf of the adoption entity if the court finds that the

 4  acts or omissions of the entity were the basis for the court's

 5  order granting relief to the prevailing party.

 6         (4)  Within 30 days after the entry of an order of the

 7  court finding sanctionable conduct on the part of an adoption

 8  entity the date that the order was issued, the clerk of the

 9  court must forward to:

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

11  under this section against an attorney acting as an adoption

12  entity.

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

14  order that imposes sanctions under this section against a

15  licensed child-placing agency or a child-placing agency

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

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

18  child-caring agencies any order that imposes sanctions under

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

20  409.176.

21         (d)  The Office of Attorney General any order that

22  imposes sanctions under this section against the department.

23         Section 4.  Section 63.042, Florida Statutes, is

24  amended to read:

25         63.042  Who may be adopted; who may adopt.--

26         (1)  Any person, a minor or an adult, may be adopted.

27         (2)  The following persons may adopt:

28         (a)  A husband and wife jointly;

29         (b)  An unmarried adult, including the birth parent of

30  the person to be adopted;

31  

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 1         (c)  The unmarried minor birth parent of the person to

 2  be adopted; or

 3         (c)(d)  A married person without the other spouse

 4  joining as a petitioner, if the person to be adopted is not

 5  his or her spouse, and if:

 6         1.  The other spouse is a parent of the person to be

 7  adopted and consents to the adoption; or

 8         2.  The failure of the other spouse to join in the

 9  petition or to consent to the adoption is excused by the court

10  for good cause shown or in the best interest of the child for

11  reason of prolonged unexplained absence, unavailability,

12  incapacity, or circumstances constituting an unreasonable

13  withholding of consent.

14         (3)  No person eligible to adopt under this statute may

15  adopt if that person is a homosexual.

16         (4)  No person eligible under this section shall be

17  prohibited from adopting solely because such person possesses

18  a physical disability or handicap, unless it is determined by

19  the court or adoption entity department or the licensed

20  child-placing agency that such disability or handicap renders

21  such person incapable of serving as an effective parent.

22         Section 5.  Section 63.0423, Florida Statutes, is

23  amended to read:

24         63.0423  Procedures with respect to abandoned infants

25  newborns.--

26         (1)  A licensed child-placing agency that takes

27  physical custody of an a newborn infant abandoned left at a

28  hospital, emergency medical services station, or fire station

29  pursuant to s. 383.50, shall assume responsibility for all

30  medical costs and all other costs associated with the

31  emergency services and care of the abandoned newborn infant

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 1  from the time the licensed child-placing agency takes physical

 2  custody of the abandoned newborn infant.

 3         (2)  The licensed child-placing agency shall

 4  immediately seek an order from the circuit court for emergency

 5  custody of the abandoned newborn infant. The emergency custody

 6  order shall remain in effect until the court orders

 7  preliminary approval of placement of the abandoned newborn

 8  infant in the prospective home, at which time the prospective

 9  adoptive parents become guardians pending termination of

10  parental rights and finalization of adoption or until the

11  court orders otherwise. The guardianship of the prospective

12  adoptive parents shall remain subject to the right of the

13  licensed child-placing agency to remove the abandoned infant

14  from the placement during the pendency of the proceedings if

15  such removal is deemed by the licensed child-placing agency to

16  be in the best interest of the child. The licensed

17  child-placing agency may immediately seek to temporarily place

18  the abandoned newborn infant in a prospective adoptive home as

19  soon as possible.

20         (3)  The licensed child-placing agency that takes

21  physical custody of the abandoned newborn infant shall, within

22  24 hours thereafter, immediately request assistance from law

23  enforcement officials to investigate and determine, through

24  the Missing Children Information Clearinghouse, the National

25  Center for Missing and Exploited Children, and any other

26  national and state resources, whether or not the abandoned

27  newborn infant is a missing child.

28         (4)  Within 7 days after accepting physical custody of

29  the abandoned newborn infant, the licensed child-placing

30  agency shall initiate a diligent search to notify and to

31  obtain consent from a parent whose identity is known but whose

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 1  location is unknown or location is unknown, other than the

 2  parent who has left a newborn infant at a hospital, emergency

 3  medical services station, or fire station in accordance with

 4  s. 383.50. The diligent search must include, at a minimum,

 5  inquiries as provided for in s. 63.088 of all known relatives

 6  of the parent, inquiries of all offices or program areas of

 7  the department likely to have information about the parent,

 8  inquiries of other state and federal agencies likely to have

 9  information about the parent, inquiries of appropriate utility

10  and postal providers, and inquiries of appropriate law

11  enforcement agencies. Constructive notice must also be

12  provided pursuant to chapter 49 in the county where the

13  newborn infant was abandoned left and in the county where the

14  petition to terminate parental rights will be filed. The

15  constructive notice must include at a minimum, available

16  identifying information, and information on whom a parent must

17  contact in order to assert a claim of parental rights of the

18  newborn infant and how to assert that claim. If a parent is

19  identified and located, notice of the adjudicatory hearing on

20  the petition for termination of parental rights shall be

21  provided. If a parent cannot be identified or located

22  subsequent to the diligent search and constructive notice, the

23  licensed child-placing agency shall file an affidavit of

24  diligent search at the same time that the petition to

25  terminate parental rights is filed.

26         (5)  A petition for termination of parental rights

27  under this section may not be filed until 30 days after the

28  date the newborn infant was abandoned left in accordance with

29  s. 383.50. A petition for termination of parental rights may

30  not be granted until consent to adoption or an affidavit of

31  nonpaternity has been executed by a parent of the abandoned

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 1  newborn infant as set forth in s. 63.062, a parent has failed

 2  to reclaim or claim the abandoned newborn infant within the

 3  specified time period specified in s. 383.50, or the consent

 4  of a parent is otherwise waived by the court.

 5         (6)  A claim of parental rights of the abandoned

 6  newborn infant must be made to the entity having physical or

 7  legal custody of the abandoned newborn infant or to the

 8  circuit court before whom proceedings involving the abandoned

 9  newborn infant are pending. A claim of parental rights of the

10  abandoned newborn infant may not be made after the judgment to

11  terminate parental rights is entered, except as otherwise

12  provided by subsection (9) (10).

13         (7)  If a claim of parental rights of an abandoned a

14  newborn infant is made before the judgment to terminate

15  parental rights is entered, the circuit court may shall hold

16  the action for termination of parental rights pending

17  subsequent adoption in abeyance for a period of time not to

18  exceed 60 days.

19         (a)  The court may shall order scientific testing to

20  determine maternity or paternity at the expense of the parent

21  claiming parental rights unless maternity or paternity has

22  been previously established legally or by scientific testing.

23         (b)  The court shall may appoint a guardian ad litem

24  for the abandoned newborn infant and order whatever

25  investigation, home evaluation, and psychological evaluation

26  are necessary to determine what is in the best interest of the

27  abandoned newborn infant.

28         (c)  The court may not terminate parental rights solely

29  on the basis that the parent left the a newborn infant at a

30  hospital, emergency medical services station, or fire station

31  in accordance with s. 383.50.

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 1         (d)  The court shall enter a judgment with written

 2  findings of fact and conclusions of law.

 3         (8)  Within 7 business days 24 hours after recording

 4  filing the judgment, the clerk of the court shall mail a copy

 5  of the judgment to the department, the petitioner, and the

 6  persons whose consent were required, if known. The clerk shall

 7  execute a certificate of each mailing.

 8         (9)(a)  A judgment terminating parental rights pending

 9  adoption is voidable, and any later judgment of adoption of

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

11  the court finds that a person knowingly gave false information

12  that prevented the birth parent from timely making known his

13  or her desire to assume parental responsibilities toward the

14  minor or from exercising his or her parental rights. A motion

15  under this subsection must be filed with the court originally

16  entering the judgment. The motion must be filed within a

17  reasonable time, but not later than 1 year 2 years after the

18  entry of the judgment terminating parental rights.

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

20  under this subsection, the court shall must conduct a

21  preliminary hearing to determine what contact, if any, will be

22  permitted between a birth parent and the child pending

23  resolution of the motion. Such contact may be allowed only if

24  it is requested by a parent who has appeared at the hearing

25  and the court determines that it is in the best interest of

26  the child. If the court orders contact between a birth parent

27  and child, the order must be issued in writing as

28  expeditiously as possible and must state with specificity any

29  provisions regarding contact with persons other than those

30  with whom the child resides.

31  

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

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

 3  scientific testing to determine the paternity or maternity of

 4  the minor if the person seeking to set aside the judgment is

 5  alleging to be the child's birth parent but and that fact has

 6  not previously been determined by legal proceedings or

 7  scientific testing to be the birth parent. Upon the filing of

 8  test results establishing that person's maternity or paternity

 9  of the abandoned infant, the court may order supervised

10  visitation as it deems appropriate and in the best interest of

11  the child with a person for whom scientific testing for

12  paternity or maternity has been ordered. Such visitation shall

13  be conditioned upon the filing of test results with the court

14  and those results establishing that person's paternity or

15  maternity of the minor.

16         (d)  Within No later than 45 days after the preliminary

17  hearing, the court shall must conduct a final hearing on the

18  motion to set aside the judgment and shall enter its written

19  order as expeditiously as possible thereafter.

20         (10)  Except to the extent expressly provided in this

21  section, proceedings initiated by a licensed child-placing

22  agency for the termination of parental rights and subsequent

23  adoption of a newborn left at a hospital, emergency medical

24  services station, or fire station in accordance with s. 383.50

25  shall be conducted pursuant to this chapter.

26         Section 6.  Subsection (1) of section 63.0425, Florida

27  Statutes, is amended to read:

28         63.0425  Grandparent's right to adopt.--

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

30  at least 6 months within the 24-month period immediately

31  preceding the filing of a petition for termination of parental

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 1  rights pending adoption is placed for adoption, the adoption

 2  entity handling the adoption shall provide notice to notify

 3  that grandparent of the hearing on the petition for

 4  termination of parental rights pending adoption impending

 5  adoption before the petition for adoption is filed. If the

 6  grandparent petitions the court to adopt the child, the court

 7  shall give first priority for adoption to that grandparent.

 8         Section 7.  Section 63.0427, Florida Statutes, is

 9  amended to read:

10         63.0427  Adopted minor's right to continued

11  communication or contact with siblings and other relatives.--

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

13  rights terminated and whose custody has been awarded to the

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

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

16  to have the court consider the appropriateness of postadoption

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

18  visits, written correspondence letters and cards, or telephone

19  calls, with his or her siblings or, upon agreement of the

20  adoptive parents, with the parents who have had their parental

21  rights terminated or other specified biological relatives who

22  are not included in the petition for adoption.  The court

23  shall determine if the best interests of the child support

24  such continued communication or contact and shall consider the

25  following in making such determination:

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

27         (b)  Recommendations of the department, the foster

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

29  ad litem.

30         (c)  Statements of the prospective adoptive parents.

31  

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 1         (d)  Any other information deemed relevant and material

 2  by the court.

 3  

 4         If the court determines that the child's best interests

 5  will be served by postadoption communication or contact with

 6  any sibling or, upon agreement of the adoptive parents, other

 7  specified biological relatives, the court shall so order,

 8  stating the nature and frequency for the communication or

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

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

11  adoption be contingent upon such postadoption communication or

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

13  child to change residence within or outside the State of

14  Florida be impaired by such communication or contact.

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

16  adoptive parent may, at any time, petition for review at any

17  time of a sibling's or other specified biological relatives'

18  communication or contact order entered ordered pursuant to

19  subsection (1), if the adoptive parent believes that the best

20  interests of the adopted child are being compromised, and the

21  court shall have authority to order the communication or

22  contact to be terminated or modified, or to order such

23  conditions in regard to communication or contact as the court

24  deems to be in the best interests of the adopted child.  As

25  part of the review process, the court may order the parties to

26  engage in mediation.  The department shall not be required to

27  be a party to such review.

28         Section 8.  Section 63.043, Florida Statutes, is

29  amended to read:

30         63.043  Mandatory screening or testing for sickle-cell

31  trait prohibited.--No person, firm, corporation,

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 1  unincorporated association, state agency, unit of local

 2  government, or any public or private entity shall require

 3  screening or testing for the sickle-cell trait as a condition

 4  for employment, for admission into any state educational

 5  institution or state-chartered private educational

 6  institution, or for becoming eligible for adoption if

 7  otherwise eligible for adoption under the laws of this state.

 8         Section 9.  Section 63.052, Florida Statutes, is

 9  amended to read:

10         63.052  Guardians designated; proof of commitment.--

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

12  and permanently committed to an adoption entity, other than an

13  intermediary, such adoption entity agency as defined in s.

14  63.032 or a child-caring agency registered under s. 409.176,

15  such agency shall be the guardian of the person of the minor

16  and has the responsibility and authority to provide for the

17  needs and welfare of the minor; for those who have been placed

18  for adoption with and permanently committed to the department,

19  the department shall be the guardian of the person of the

20  minor.

21         (2)  For minors who have been voluntarily surrendered

22  to an intermediary through an execution of a consent to

23  adoption, the intermediary shall be responsible for the minor

24  until the time a court orders preliminary approval of

25  placement of the minor in the prospective adoptive home, after

26  at which time the prospective adoptive parents shall become

27  guardians pending finalization of adoption, subject to the

28  intermediary's right and responsibility to remove the child

29  from the prospective adoptive home if the removal is deemed by

30  the intermediary to be in the best interest of the child.

31  Prior to the court's entry of an order granting preliminary

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 1  approval of the placement, the intermediary shall have the

 2  responsibility and authority to provide for the needs and

 3  welfare of the minor. Until a court has terminated parental

 4  rights pending adoption and has ordered preliminary approval

 5  of placement of the minor in the adoptive home, the minor must

 6  be placed in the care of a relative as defined in s. 39.01, in

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

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

 9  prospective adoptive home until that home has received a

10  favorable preliminary home study by a licensed child-placing

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

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

13  prospective home. Temporary placement in the prospective home

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

15  presumption that the parental rights of the parents will

16  subsequently be terminated. For minors who have been placed

17  for adoption with or voluntarily surrendered to an agency, but

18  have not been permanently committed to the agency, the agency

19  shall have the responsibility and authority to provide for the

20  needs and welfare for such minors.  For those minors placed

21  for adoption with or voluntarily surrendered to the

22  department, but not permanently committed to the department,

23  the department shall have the responsibility and authority to

24  provide for the needs and welfare for such minors.  The

25  adoption entity may authorize all appropriate medical care for

26  a minor who has been placed for adoption with or voluntarily

27  surrendered to the adoption entity.  The provisions of s.

28  627.6578 shall remain in effect notwithstanding the

29  guardianship provisions in this section.

30         (3)  If a minor is surrendered to an adoption entity

31  intermediary for subsequent adoption and a suitable

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 1  prospective adoptive home is not available pursuant to s.

 2  63.092 at the time the minor is surrendered to the adoption

 3  entity intermediary or, if the minor is a newborn admitted to

 4  a licensed hospital or birth center, at the time the minor is

 5  discharged from the hospital or birth center, the minor must

 6  be placed in foster care or with a relative until such a

 7  suitable prospective adoptive home is available.

 8         (4)  If a minor is voluntarily surrendered to an

 9  adoption entity for subsequent adoption and the adoption does

10  not become final within 180 days after termination of parental

11  rights, the adoption entity must report to the court on the

12  status of the minor and the court may at that time proceed

13  under s. 39.701 or take action reasonably necessary to protect

14  the best interest of the minor.

15         (5)  The recital in a the written consent, answer, or

16  recommendation filed by an adoption entity given by the

17  department that the minor sought to be adopted has been

18  permanently committed to the adoption entity or that the

19  adoption entity is duly licensed department shall be prima

20  facie proof of such commitment. A consent for adoption signed

21  by an adoption entity need not comply with s. 63.082. The

22  recital in the written consent given by a licensed

23  child-placing agency or the declaration in an answer or

24  recommendation filed by a licensed child-placing agency that

25  the minor has been permanently committed and the child-placing

26  agency is duly licensed by the department shall be prima facie

27  proof of such commitment and of such license.

28         (6)  Unless otherwise authorized by law or ordered by

29  the court, the department is not responsible for expenses

30  incurred by other adoption entities participating in placement

31  of a minor for the purposes of adoption .

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

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

 3  minor is placed with an adoption entity or prospective

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

 5  and the progress toward permanent adoptive placement. As part

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

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

 8  63.062, the adoption entity, the parents, persons having legal

 9  custody of the minor, persons with custodial or visitation

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

11  the Uniform Child Custody Jurisdiction Act or the Indian Child

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

13  review the appropriateness of the adoptive placement of the

14  minor.

15         Section 10.  Section 63.053, Florida Statutes, is

16  created to read:

17         63.053  Rights and responsibilities of an unmarried

18  biological father; legislative findings.--

19         (1)  In enacting the provisions contained in this

20  chapter, the Legislature prescribes the conditions for

21  determining whether an unmarried biological father's actions

22  are sufficiently prompt and substantial so as to require

23  protection of a constitutional right. If an unmarried

24  biological father fails to take the actions that are available

25  to him to establish a relationship with his child, his

26  parental interest may be lost entirely, or greatly diminished,

27  by his failure to timely comply with the available legal steps

28  to substantiate a parental interest.

29         (2)  The Legislature finds that the interests of the

30  state, the mother, the child, and the adoptive parents

31  described in this chapter outweigh the interest of an

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 1  unmarried biological father who does not take action in a

 2  timely manner to establish and demonstrate a relationship with

 3  his child in accordance with the requirements of this chapter.

 4  An unmarried biological father has the primary responsibility

 5  to protect his rights and is presumed to know that his child

 6  may be adopted without his consent unless he complies with the

 7  provisions of this chapter and demonstrates a prompt and full

 8  commitment to his parental responsibilities.

 9         (3)  The Legislature finds that a birth mother and a

10  birth father have a right to privacy.

11         Section 11.  Section 63.054, Florida Statutes, is

12  created to read:

13         63.054  Actions required by an unmarried biological

14  father to establish parental rights; Florida Putative Father

15  Registry.--

16         (1)  In order to preserve the right to notice and

17  consent to an adoption under this chapter, an unmarried

18  biological father must, as the "registrant," file a notarized

19  claim of paternity form with the Florida Putative Father

20  Registry maintained by the Office of Vital Statistics of the

21  Department of Health and shall include therein confirmation of

22  his willingness and intent to support the child for whom

23  paternity is claimed in accordance with state law. The claim

24  of paternity may be filed at any time prior to the child's

25  birth, but a claim of paternity may not be filed after the

26  date a petition is filed for termination of parental rights.

27         (2)  By filing a claim of paternity form with the

28  Office of Vital Statistics, the registrant expressly consents

29  to submit to DNA testing upon the request of any party, the

30  registrant, or the adoption entity with respect to the child

31  referenced in the claim of paternity.

                                  29

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 1         (3)  The Office of Vital Statistics of the Department

 2  of Health shall adopt by rule the appropriate claim of

 3  paternity form in English, Spanish, and Creole in order to

 4  facilitate the registration of an unmarried biological father

 5  with the Florida Putative Father Registry and shall, within

 6  existing resources, make these forms available through local

 7  offices of the Department of Health and the Department of

 8  Children and Family Services, the Internet websites of those

 9  agencies, and the offices of the clerks of the circuit court.

10  The claim of paternity form shall be signed by the unmarried

11  biological father and must include his name, address, date of

12  birth, and physical description. In addition, the registrant

13  shall provide, if known, the name, address, date of birth, and

14  physical description of the mother; the date, place, and

15  location of conception of the child; and the name, date, and

16  place of birth of the child or estimated date of birth of the

17  expected minor child, if known. The claim of paternity form

18  shall be signed under oath by the registrant.

19         (4)  Upon initial registration, or at any time

20  thereafter, the registrant may designate an address other than

21  his residential address for sending any communication

22  regarding his registration. Similarly, upon initial

23  registration, or at any time thereafter, the registrant may

24  designate, in writing, an agent or representative to receive

25  any communication on his behalf and receive service of

26  process. The agent or representative must file an acceptance

27  of the designation, in writing, in order to receive notice or

28  service of process. The failure of the designated

29  representative or agent of the registrant to deliver or

30  otherwise notify the registrant of receipt of correspondence

31  from the Florida Putative Father Registry is at the

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 1  registrant's own risk and shall not serve as a valid defense

 2  based upon lack of notice.

 3         (5)  The registrant may, at any time prior to the birth

 4  of the child for whom paternity is claimed, execute a

 5  notarized written revocation of the claim of paternity

 6  previously filed with the Florida Putative Father Registry,

 7  and upon receipt of such revocation, the claim of paternity

 8  shall be deemed null and void. If a court determines that a

 9  registrant is not the father of the minor, the court shall

10  order the department to remove the registrant s name from the

11  registry.

12         (6)  It is the obligation of the registrant or, if

13  designated under subsection (4), his designated agent or

14  representative to notify and update the Office of Vital

15  Statistics of any change of address or change in the

16  designation of an agent or representative. The failure of a

17  registrant, or designated agent or representative, to report

18  any such change is at the registrant's own risk and shall not

19  serve as a valid defense based upon lack of notice, unless the

20  person petitioning for termination of parental rights or

21  adoption has actual or constructive notice of the registrant's

22  address and whereabouts from another source.

23         (7)  In each proceeding for termination of parental

24  rights or each adoption proceeding filed under this chapter,

25  the petitioner must contact the Office of Vital Statistics of

26  the Department of Health by submitting an application for a

27  search of the Florida Putative Father Registry. The petitioner

28  shall provide the same information, if known, on the search

29  application form which the registrant is required to furnish

30  under subsection (3). Thereafter, the Office of Vital

31  

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 1  Statistics must issue a certificate signed by the State

 2  Registrar certifying:

 3         (a)  The identity and contact information, if any, for

 4  each registered unmarried biological father whose information

 5  matches the search request sufficiently so that such person

 6  may be considered a possible father of the subject child; or

 7         (b)  That a diligent search has been made of the

 8  registry of registrants who may be the unmarried biological

 9  father of the subject child and that no matching registration

10  has been located in the registry.

11         This certificate must be filed with the court in the

12  proceeding to terminate parental rights or the adoption

13  proceeding. If a termination of parental rights and an

14  adoption proceeding are being adjudicated simultaneously, the

15  Florida Putative Father Registry need only be searched once.

16         (8)  If an unmarried biological father does not know

17  the county in which the birth mother resides, gave birth, or

18  intends to give birth, he may initiate an action in any county

19  in the state, subject to the birth mother's right to change

20  venue to the county where she resides.

21         (9)  The Department of Health shall establish and

22  maintain a Florida Putative Father Registry through its Office

23  of Vital Statistics, in accordance with the requirements of

24  this section. The Department of Health may charge a nominal

25  fee to cover the costs of filing and indexing the Florida

26  Putative Father Registry and the costs of searching the

27  registry.

28         (10)  The Department of Health shall, within existing

29  resources, prepare and adopt by rule application forms for

30  initiating a search of the Florida Putative Father Registry

31  and shall make those forms available through the local offices

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 1  of the Department of Health and the Department of Children and

 2  Family Services and the offices of the clerks of the circuit

 3  court.

 4         (11)  The Department of Health shall produce and

 5  distribute, within existing resources, a pamphlet or

 6  publication informing the public about the Florida Putative

 7  Father Registry and which is printed in English, Spanish, and

 8  Creole. The pamphlet shall indicate the procedures for

 9  voluntary acknowledgment of paternity, the consequences of

10  acknowledgment of paternity, the consequences of failure to

11  acknowledge paternity, and the address of the Florida Putative

12  Father Registry. Such pamphlets or publications shall be made

13  available for distribution at all offices of the Department of

14  Health and the Department of Children and Family Services and

15  shall be included in health class curriculums taught in public

16  and charter schools in this state. The Department of Health

17  shall also provide such pamphlets or publications to

18  hospitals, adoption entities, libraries, medical clinics,

19  schools, universities, and providers of child-related

20  services, upon request. In cooperation with the Department of

21  Highway Safety and Motor Vehicles, each person applying for a

22  Florida driver's license, or renewal thereof, and each person

23  applying for a Florida identification card shall be offered

24  the pamphlet or publication informing the public about the

25  Florida Putative Father Registry.

26         (12)  The Department of Health shall, within existing

27  resources, provide additional information about the Florida

28  Putative Father Registry and its services to the public in

29  English, Spanish, and Creole using public service

30  announcements, Internet websites, and such other means as it

31  deems appropriate.

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 1         (13)  The filing of a claim of paternity with the

 2  Florida Putative Father Registry does not excuse or waive the

 3  obligation of a petitioner to comply with the requirements for

 4  conducting a diligent search and inquiry with respect to the

 5  identity of an unmarried biological father or legal father

 6  which are set forth in this chapter.

 7         (14)  The Office of Vital Statistics of the Department

 8  of Health is authorized to adopt rules to implement this

 9  section.

10         Section 12.  Section 63.062, Florida Statutes, is

11  amended to read:

12         63.062  Persons required to consent to adoption;

13  affidavit of nonpaternity; waiver of venue.--

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

15  enumerated under s. 63.089(3), a petition to terminate

16  parental rights pending adoption may be granted only if

17  written consent has been executed as provided in s. 63.082

18  after the birth of the minor or notice has been served under

19  s. 63.088 to:

20         (a)  The mother of the minor.

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

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

23  was married to the mother;

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

25         3.  The minor has been established by court proceeding

26  to be his child;

27         4.  He has filed an affidavit of paternity pursuant to

28  s. 382.013(2)(c); or

29         5.  In the case of an unmarried biological father, he

30  has acknowledged in writing, signed in the presence of a

31  competent witness, that he is the father of the minor, has

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 1  filed such acknowledgement with the Office of Vital Statistics

 2  of the Department of Health within the required timeframes,

 3  and has complied with the requirements of subsection (2).

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

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

 6  scientific tests that are generally acceptable within the

 7  scientific community to show a probability of paternity.

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

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

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

11         1.  Has acknowledged in writing, signed in the presence

12  of a competent witness, that he is the father of the minor and

13  has filed such acknowledgment with the Office of Vital

14  Statistics of the Department of Health;

15         2.  Has provided, or has attempted to provide, the

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

17  repetitive, customary manner; or

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

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

20  action to terminate parental rights pending adoption pursuant

21  to this chapter.

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

23  proceeding in which paternity, custody, or termination of

24  parental rights regarding the minor is at issue.

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

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

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

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

29         (c)(g)  The minor, if more than 12 years of age or

30  older, unless the court in the best interest of the minor

31  dispenses with the minor's consent.

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 1         (d)  Any person lawfully entitled to custody of the

 2  minor if required by the court.

 3         (e)  The court having jurisdiction to determine custody

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

 5  minor does not have authority to consent to the adoption.

 6         (2)  In accordance with subsection (1), the consent of

 7  an unmarried biological father shall be necessary only if the

 8  unmarried biological father has complied with the requirements

 9  of this subsection.

10         (a)1.  With regard to a child who is placed with

11  adoptive parents more than 6 months after the child's birth,

12  an unmarried biological father must have developed a

13  substantial relationship with the child, taken some measure of

14  responsibility for the child and the child's future, and

15  demonstrated a full commitment to the responsibilities of

16  parenthood by providing financial support to the child in

17  accordance with the unmarried biological father's ability, if

18  not prevented from doing so by the person or authorized agency

19  having lawful custody of the child, and either:

20         a.  Regularly visited the child at least monthly, when

21  physically and financially able to do so and when not

22  prevented from doing so by the birth mother or the person or

23  authorized agency having lawful custody of the child; or

24         b.  Maintained regular communication with the child or

25  with the person or agency having the care or custody of the

26  child, when physically or financially unable to visit the

27  child or when not prevented from doing so by the birth mother

28  or person or authorized agency having lawful custody of the

29  child.

30         2.  The mere fact that an unmarried biological father

31  expresses a desire to fulfill his responsibilities towards his

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 1  child which is unsupported by acts evidencing this intent does

 2  not preclude a finding by the court that the unmarried

 3  biological father failed to comply with the requirements of

 4  this subsection.

 5         3.  An unmarried biological father who openly lived

 6  with the child for at least 6 months within the 1-year period

 7  following the birth of the child and immediately preceding

 8  placement of the child with adoptive parents and who openly

 9  held himself out to be the father of the child during that

10  period shall be deemed to have developed a substantial

11  relationship with the child and to have otherwise met the

12  requirements of this paragraph.

13         (b)  With regard to a child who is younger than 6

14  months of age at the time the child is placed with the

15  adoptive parents, an unmarried biological father must have

16  demonstrated a full commitment to his parental responsibility

17  by having performed all of the following acts prior to the

18  time the mother executes her consent for adoption:

19         1.  Filed a notarized claim of paternity form with the

20  Florida Putative Father Registry within the Office of Vital

21  Statistics of the Department of Health, which form shall be

22  maintained in the confidential registry established for that

23  purpose and shall be considered filed when the notice is

24  entered in the registry of notices from unmarried biological

25  fathers.

26         2.  Upon service of a notice of an intended adoption

27  plan or a petition for termination of parental rights pending

28  adoption, executed and filed an affidavit in that proceeding

29  stating that he is personally fully able and willing to take

30  responsibility for the child, setting forth his plans for care

31  of the child, and agreeing to a court order of child support

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 1  and a contribution to the payment of living and medical

 2  expenses incurred for the mother's pregnancy and the child's

 3  birth in accordance with his ability to pay.

 4         3.  If he had knowledge of the pregnancy, paid a fair

 5  and reasonable amount of the expenses incurred in connection

 6  with the mother's pregnancy and the child's birth, in

 7  accordance with his financial ability and when not prevented

 8  from doing so by the birth mother or person or authorized

 9  agency having lawful custody of the child.

10         (c)  The petitioner shall file with the court a

11  certificate from the Office of Vital Statistics stating that a

12  diligent search has been made of the Florida Putative Father

13  Registry of notices from unmarried biological fathers

14  described in subparagraph (b)1. and that no filing has been

15  found pertaining to the father of the child in question or, if

16  a filing is found, stating the name of the putative father and

17  the time and date of filing. That certificate shall be filed

18  with the court prior to the entry of a final judgment of

19  termination of parental rights.

20         (d)  An unmarried biological father who does not comply

21  with each of the conditions provided in this subsection is

22  deemed to have waived and surrendered any rights in relation

23  to the child, including the right to notice of any judicial

24  proceeding in connection with the adoption of the child, and

25  his consent to the adoption of the child is not required.

26         (3)(a)  Pursuant to chapter 48, an adoption entity may

27  serve upon any unmarried biological father identified by the

28  mother or identified by a diligent search of the Florida

29  Putative Father Registry, or upon an entity whose consent is

30  required, a notice of intended adoption plan at any time prior

31  to the placement of the child in the adoptive home, including

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 1  prior to the birth of the child. The notice of intended

 2  adoption plan must specifically state that if the unmarried

 3  biological father desires to contest the adoption plan, he

 4  must file with the court, within 30 days after service, a

 5  verified response that contains a pledge of commitment to the

 6  child in substantial compliance with subparagraph (2)(b)2. The

 7  notice of intended adoption plan shall notify the unmarried

 8  biological father that he must file a claim of paternity form

 9  with the Office of Vital Statistics within 30 days after

10  service upon him and must provide the adoption entity with a

11  copy of the verified response filed with the court and the

12  claim of paternity form filed with the Office of Vital

13  Statistics. If the party served with the notice of intended

14  adoption plan is an entity, the entity must file, within 30

15  days after service, a verified response setting forth a legal

16  basis for contesting the intended adoption plan, specifically

17  addressing the best interest of the child. If the unmarried

18  biological father or entity whose consent is required fails to

19  properly file a verified response with the court and, in the

20  case of an unmarried biological father, a claim of paternity

21  form with the Office of Vital Statistics within 30 days after

22  service upon that unmarried biological father or entity whose

23  consent is required, the consent of that unmarried biological

24  father or entity shall no longer be required under this

25  chapter and that party shall be deemed to have waived any

26  claim of rights to the child. Each notice of intended adoption

27  plan served upon an unmarried biological father must include

28  instructions as to the procedure the unmarried biological

29  father must follow to submit a claim of paternity form to the

30  Office of Vital Statistics and the address to which the

31  registration must be directed.

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 1         (b)  If the birth mother identifies a man who she

 2  believes is the unmarried biological father of her child, the

 3  adoption entity may provide a notice of intended adoption plan

 4  pursuant to paragraph (a). If the mother identifies a

 5  potential unmarried biological father whose location is

 6  unknown, the adoption entity shall conduct a diligent search

 7  pursuant to s. 63.088. If, upon completion of a diligent

 8  search, the potential unmarried biological father's location

 9  remains unknown and a search of the Florida Putative Father

10  Registry fails to reveal a match, the adoption entity shall

11  request in the petition for termination of parental rights

12  pending adoption that the court declare the diligent search to

13  be in compliance with s. 63.088 and to further declare that

14  the adoption entity shall have no further obligation to

15  provide notice to the potential unmarried biological father

16  and that the potential unmarried biological father's consent

17  to the adoption shall not be required.

18         (4)(2)  Any person whose consent is required under

19  paragraphs (1)(c)-(e) paragraph (1)(c) or paragraph (1)(d) may

20  execute an irrevocable affidavit of nonpaternity in lieu of a

21  consent under this section and by doing so waives notice to

22  all court proceedings after the date of execution. An

23  affidavit of nonpaternity must be executed as provided in s.

24  63.082. The affidavit of nonpaternity may be executed prior to

25  the birth of the child. The person executing the affidavit

26  must receive disclosure under s. 63.085 prior to signing the

27  affidavit.

28         (5)(3)  A person who signs a consent to adoption or an

29  affidavit of nonpaternity must be given reasonable notice of

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

31  employment, professional, or personal relationship with the

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 1  adoption entity or the prospective adoptive parents to be

 2  present when the consent to adoption or affidavit of

 3  nonpaternity is executed and to sign the consent or affidavit

 4  as a witness.

 5         (4)  An affidavit of nonpaternity must be in

 6  substantially the following form:

 7  

 8         AFFIDAVIT OF NONPATERNITY

 9  

10          1.  I have personal knowledge of the facts stated in

11  this affidavit.

12          2.  I have been told that ____ has a child. I shall

13  not establish or claim paternity for this child, whose name is

14  ____ and whose date of birth is ____.

15          3.  The child referenced in this affidavit was not

16  conceived or born while the birth mother was married to me. I

17  AM NOT MARRIED TO THE BIRTH MOTHER, nor do I intend to marry

18  the birth mother.

19          4.  With respect to the child referenced in this

20  affidavit, I have not provided the birth mother with child

21  support or prebirth support; I have not provided her with

22  prenatal care or assisted her with medical expenses; I have

23  not provided the birth mother or her child or unborn child

24  with support of any kind, nor do I intend to do so.

25          5.  I have no interest in assuming the

26  responsibilities of parenthood for this child. I will not

27  acknowledge in writing that I am the father of this child or

28  institute court proceedings to establish the child as mine.

29          6.  I do not object to any decision or arrangements

30  ____ makes regarding this child, including adoption.

31  

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

 2  who does not have an employment, professional, or personal

 3  relationship with the adoption entity or the prospective

 4  adoptive parents to be present when this affidavit is executed

 5  and to sign it as a witness.

 6  

 7         I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO TERMINATE

 8  PARENTAL RIGHTS OR FINALIZE AN ADOPTION UNDER CHAPTER 63,

 9  FLORIDA STATUTES.

10  

11         (5)  The court may require that consent be executed by:

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

13  minor; or

14         (b)  The court having jurisdiction to determine custody

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

16  minor has no authority to consent to the adoption.

17         (6)  The petitioner must make good faith and diligent

18  efforts as provided under s. 63.088 to notify, and obtain

19  written consent from, the persons required to consent to

20  adoption under this section.

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

22  been terminated, the adoption entity a licensed child-placing

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

24  the department with which the minor has been placed for

25  subsequent adoption may provide consent to the adoption.  In

26  such case, no other consent is required.

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

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

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

30         (b)  Written notice of the final hearing on the consent

31  to adoption has been provided to executed by the parents, if

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 1  any, or proof of service of process has been filed, showing

 2  notice has been served on the parents as provided in this

 3  chapter.

 4         (9)(a)  A petition for termination of parental rights

 5  shall be filed in the appropriate county as determined under

 6  s. 63.087(2). If the parent or parents whose rights are to be

 7  terminated object to venue in the county where the action was

 8  filed, the court may transfer the action to the county where

 9  the objecting parent or parents reside, unless the objecting

10  parent has previously executed a waiver of venue. In cases

11  involving a child younger than 6 months of age in which venue

12  for the termination of parental rights may be located in a

13  county other than where the parent whose rights are to be

14  terminated resides, the adoption entity must obtain, from any

15  party executing an affidavit of nonpaternity or consent, a

16  waiver of venue, which must be filed with the petition and

17  must be in substantially the following form:

18  

19          WAIVER OF VENUE

20  

21         I understand that I have the right to require that the

22  Petition to terminate my parental rights be filed in the

23  county where I reside. I waive such right so that the Petition

24  to Terminate Parental Rights may be filed by  . . . (adoption

25  entity) . . .  in  . . . (county name) . . .  County, Florida.

26  

27         I understand that, after signing this waiver, I may

28  object to the county where the proceedings to terminate my

29  parental rights will be held by appearing at the hearing or by

30  filing a written objection, on the attached form, with the

31  Clerk of the Court who is located at  . . . (address of court)

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 1  . . . . If I later object to this transfer of venue, the case

 2  will be transferred to a county in Florida in which I reside

 3  if I intend to assert legally recognized grounds to contest a

 4  termination of parental rights. If I have no such residence,

 5  the case will be transferred to a county where another parent

 6  resides or where at least one parent resided at the time of

 7  signing a consent or affidavit of nonpaternity.

 8  

 9         (10)(b)1.  The waiver of venue must be a separate

10  document containing no consents, disclosures, or other

11  information unrelated to venue.

12         2.  Adoption entities must attach to the waiver of

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

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

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

16  termination of parental rights and information identifying the

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

18  the form upon receipt.

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

20  entity knows that a parent whose rights will be terminated

21  intends to object to the termination but intentionally files

22  the petition for termination of parental rights in a county

23  which is not consistent with the required venue under such

24  circumstances, the adoption entity shall be responsible for

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

26  venue.

27         Section 13.  Section 63.063, Florida Statutes, is

28  created to read:

29         63.063  Responsibility of each party for their own

30  actions; fraud or misrepresentation; statutory compliance.--

31  

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 1         (1)  Each parent of a child conceived or born outside

 2  of marriage is responsible for his or her own actions and is

 3  not excused from compliance with the provisions of this

 4  chapter based upon any action, statement, or omission of the

 5  other parent or a third party, except as provided in s.

 6  63.062(2)(a).

 7         (2)  Any person injured by a fraudulent representation

 8  or action in connection with an adoption is entitled to pursue

 9  civil or criminal penalties as provided by law. A fraudulent

10  representation is not a defense to compliance with the

11  requirements of this chapter and is not a basis for dismissing

12  a petition for termination of parental rights or a petition

13  for adoption, for vacating an adoption decree, or for granting

14  custody to the offended party. Custody and adoption

15  determinations shall be based on the best interest of the

16  child in accordance with s. 61.13.

17         (3)  The Legislature finds no way to remove all risk of

18  fraud or misrepresentation in adoption proceedings and has

19  provided a method for absolute protection of an unmarried

20  biological father's rights by compliance with the provisions

21  of this chapter. In balancing the rights and interests of the

22  state and of all parties affected by fraud, including the

23  child, the adoptive parents, and the unmarried biological

24  father, the Legislature has determined that the unmarried

25  biological father is in the best position to prevent or

26  ameliorate the effects of fraud and, therefore, has the burden

27  of preventing fraud.

28         (4)  The Legislature finds that an unmarried biological

29  father who resides in another state may not, in every

30  circumstance, be reasonably presumed to know of and comply

31  with the requirements of this chapter. Therefore, if all of

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 1  the following requirements have been met, an unmarried

 2  biological father may contest a termination of parental rights

 3  or subsequent adoption and, prior to entry of the final

 4  judgment of adoption, assert his interest in the child.

 5  Following such assertion, the court may, in its discretion,

 6  proceed with an evidentiary hearing if:

 7         (a)  The unmarried biological father resides and has

 8  resided in another state where the unmarried mother was also

 9  located or resided.

10         (b)  The unmarried mother left that state without

11  notifying or informing the unmarried biological father that

12  she could be located in the State of Florida.

13         (c)  The unmarried biological father has, through every

14  reasonable means, attempted to locate the mother but does not

15  know or have reason to know that the mother is residing in the

16  State of Florida.

17         (d)  The unmarried biological father has substantially

18  complied with the requirements of the state where the mother

19  previously resided or was located in order to protect and

20  preserve his parental interest and rights with regard to the

21  child.

22         Section 14.  Section 63.064, Florida Statutes, is

23  created to read:

24         63.064  Persons whose consent to an adoption may be

25  waived.--The court may waive the consent of the following

26  individuals to an adoption:

27         (1)  A parent who has deserted a child without means of

28  identification or who has abandoned a child.

29         (2)  A parent whose parental rights have been

30  terminated by order of a court of competent jurisdiction.

31  

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 1         (3)  A parent who has been judicially declared

 2  incompetent and for whom restoration of competency is

 3  medically improbable.

 4         (4)  A legal guardian or lawful custodian of the person

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

 6  in writing to a request for consent for a period of 60 days or

 7  who, after examination of his or her written reasons for

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

 9  his or her consent unreasonably.

10         (5)  The spouse of the person to be adopted, if the

11  failure of the spouse to consent to the adoption is excused by

12  reason of prolonged and unexplained absence, unavailability,

13  incapacity, or circumstances that are found by the court to

14  constitute unreasonable withholding of consent.

15         Section 15.  Section 63.082, Florida Statutes, is

16  amended to read:

17         63.082  Execution of consent to adoption or affidavit

18  of nonpaternity; family social and medical history; withdrawal

19  of consent.--

20         (1)(a)  Consent to an adoption or an affidavit of

21  nonpaternity shall be executed as follows:

22         1.(a)  If by the person to be adopted, by oral or

23  written statement in the presence of the court or by being

24  acknowledged before a notary public and in the presence of two

25  witnesses.

26         2.(b)  If by an agency, by affidavit from its

27  authorized representative.

28         3.(c)  If by any other person, in the presence of the

29  court or by affidavit acknowledged before a notary public and

30  in the presence of two witnesses .

31  

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 1         4.(d)  If by a court, by an appropriate order or

 2  certificate of the court.

 3         (b)  A minor parent has the power to consent to the

 4  adoption of his or her child and has the power to relinquish

 5  his or her control or custody of the child to an adoption

 6  entity. Such consent or relinquishment is valid and has the

 7  same force and effect as a consent or relinquishment executed

 8  by an adult parent. A minor parent, having executed a consent

 9  or relinquishment, may not revoke that consent upon reaching

10  the age of majority or otherwise becoming emancipated.

11         (c)  A consent or an affidavit of nonpaternity executed

12  by a minor parent who is 14 years of age or younger must be

13  witnessed by a parent, legal guardian, or court-appointed

14  guardian ad litem.

15         (d)  The notice and consent provisions of this chapter

16  as they relate to the birth of a child or to legal fathers do

17  not apply in cases in which the child is conceived as a result

18  of a violation of the criminal laws of this state, including,

19  but not limited to, sexual battery, lewd acts perpetrated upon

20  a minor, or incest.

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

22  the adopting parent is valid if the consent contains a

23  statement by the person consenting that the consent was

24  voluntarily executed and that identification of the adopting

25  parent is not required for granting the consent.

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

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

28  that intends to place a child for adoption. Forms containing,

29  at a minimum, the same information as the forms promulgated by

30  the department must be attached to the petition to terminate

31  parental rights pending adoption and must contain such

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 1  biological and sociological information or such information as

 2  to the family medical history, regarding the minor and the

 3  parents, as is required by the department. This form is not

 4  required for adoptions of relatives, adult adoptions, or

 5  adoptions of stepchildren, unless parental rights are being or

 6  were terminated pursuant to chapter 39. The information must

 7  be filed with the court in the termination of parental rights

 8  proceeding incorporated into the final home investigation

 9  report specified in s. 63.125.

10         (b)  A good faith and diligent effort must be made to

11  have each parent whose identity is known and whose consent is

12  required Each parent must be interviewed by a representative

13  of the adoption entity department, a licensed child-placing

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

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

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

17  statement that the parent is unidentified, unlocated, or

18  unwilling or unavailable to be interviewed unlocated or

19  unidentified, must be filed with the petition to terminate

20  parental rights pending adoption and included in the final

21  home investigation report filed under s. 63.125. The interview

22  may be excused by the court for good cause. This interview is

23  not required for adoptions of relatives, adult adoptions, or

24  adoptions of stepchildren, unless parental rights are being or

25  were terminated pursuant to chapter 39.

26         (b)  Consent executed by an appropriate order or

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

28  must be attached to the petition to terminate parental rights

29  pending adoption.

30         (c)  If any person who is required to consent or social

31  and medical history is unavailable because the person whose

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 1  consent is required cannot be located or identified, the

 2  petition to terminate parental rights pending adoption must be

 3  accompanied by the affidavit of diligent search required under

 4  s. 63.088.

 5         (d)  If any person who is required to consent is

 6  unavailable because the person is deceased, the petition to

 7  terminate parental rights pending adoption must be accompanied

 8  by a certified copy of the death certificate. In an adoption

 9  of a stepchild or a relative, the certified copy of the death

10  certificate of the person whose consent is required must be

11  attached to the petition for adoption.

12         (4)(a)  An affidavit of nonpaternity may be executed

13  before the birth of the minor; however, the consent to an

14  adoption or affidavit of nonpaternity shall not be executed

15  before the birth of the minor.

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

17  placed for adoption with identified prospective adoptive

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

19  licensed hospital or birth center following birth, shall not

20  be executed by the birth mother sooner than 48 hours after the

21  minor's birth or the day the birth mother has been notified in

22  writing, either on her patient chart or in release paperwork,

23  that she is fit to be released from the a licensed hospital or

24  birth center, whichever is earlier. A consent by a biological

25  father or legal father may be executed at any time after the

26  birth of the child. A consent executed under this paragraph is

27  valid upon execution and may be withdrawn only if the court

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

29  waiting period provided in this paragraph does not apply in

30  any case in which the revocation period in paragraph (c)

31  applies.

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 1         (c)  When the minor to be adopted is older than 6

 2  months of age at the time of the execution of the consent not

 3  placed pursuant to s. 63.052 upon the minor's release from a

 4  licensed hospital or birth center following birth, the consent

 5  to adoption may be executed at any time after the birth of the

 6  minor. While such consent is valid upon execution; however, it

 7  is subject to a the 3-day revocation period under subsection

 8  (7) or may be revoked at any time prior to the placement of

 9  the minor with the prospective adoptive parents, whichever is

10  later. If a consent has been executed, this subsection may not

11  be construed to provide a birth parent with more than 3 days

12  to revoke the that consent once the child has been placed with

13  the prospective adoptive parents. The revocation period

14  provided in this paragraph does not apply in any case in which

15  the waiting period in paragraph(b) applies.

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

17  nonpaternity must be signed in the presence of two witnesses

18  and be acknowledged before a notary public who is not signing

19  as one of the witnesses. The notary public must legibly note

20  on the consent or the affidavit the date and time of

21  execution. The witnesses' names must be typed or printed

22  underneath their signatures. The witnesses' home or business

23  addresses and social security numbers, driver's license

24  numbers, or state identification card numbers must be

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

26  license number, or state identification card number shall not

27  invalidate the consent. The person who signs the consent or

28  the affidavit has the right to have at least one of the

29  witnesses be an individual who does not have an employment,

30  professional, or personal relationship with the adoption

31  entity or the prospective adoptive parents. The adoption

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 1  entity must give reasonable notice to the person signing the

 2  consent or affidavit of the right to select a witness of his

 3  or her own choosing. The person who signs the consent or

 4  affidavit must acknowledge in writing on the consent or

 5  affidavit that such notice was given and indicate the witness,

 6  if any, who was selected by the person signing the consent or

 7  affidavit. The adoption entity must include its name, address,

 8  and telephone number on the consent to adoption or affidavit

 9  of nonpaternity.

10         (e)  A consent to adoption being executed by the birth

11  parent must be contain, in at least 12-point 16-point

12  boldfaced type, an acknowledgment of the parent's rights in

13  substantially the following form:

14  

15         CONSENT TO ADOPTION

16  

17         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO

18  DOES NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL

19  RELATIONSHIP WITH THE ADOPTION ENTITY OR THE PROSPECTIVE

20  ADOPTIVE PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS EXECUTED

21  AND TO SIGN IT AS A WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM

22  THAT YOU WERE NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE

23  WITNESS OR WITNESSES YOU SELECTED, IF ANY.

24  

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

26  ANY OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE

27  SIGNING THIS CONSENT:

28  

29         1.  CONSULT WITH AN ATTORNEY;

30         2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE

31  LEGALLY PROHIBITED;

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 1         3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND

 2  OR FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE

 3  CHILD;

 4         4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY

 5  PROHIBITED; AND

 6         5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE

 7  AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.

 8  

 9         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL

10  RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID, AND BINDING, AND

11  IRREVOCABLE EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES UNLESS

12  WITHDRAWN AS PERMITTED BY LAW. IF YOU ARE GIVING UP YOUR

13  RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR

14  ADOPTION WITH IDENTIFIED PROSPECTIVE ADOPTIVE PARENTS UPON THE

15  CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER

16  FOLLOWING BIRTH, A WAITING PERIOD WILL BE IMPOSED UPON THE

17  BIRTH MOTHER BEFORE SHE YOU MAY SIGN THE CONSENT FOR ADOPTION.

18  A BIRTH MOTHER YOU MUST WAIT 48 HOURS FROM THE TIME OF BIRTH,

19  OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN

20  WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS,

21  THAT SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR

22  BIRTH CENTER, WHICHEVER IS SOONER, BEFORE YOU MAY SIGN THE

23  CONSENT FOR ADOPTION MAY BE EXECUTED. A BIOLOGICAL FATHER MAY

24  EXECUTE A CONSENT AT ANY TIME AFTER THE BIRTH OF THE CHILD.

25  ONCE YOU HAVE SIGNED THE CONSENT, IT IS VALID, AND BINDING,

26  AND IRREVOCABLE AND CANNOT BE WITHDRAWN UNLESS A COURT FINDS

27  THAT IT WAS OBTAINED BY FRAUD OR UNDER DURESS.

28  

29         IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD

30  OR DURESS AND YOU WISH TO REVOKE THAT CONSENT IF YOU ARE

31  GIVING UP YOUR RIGHTS TO A CHILD WHO IS NOT PLACED FOR

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 1  ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

 2  BIRTH CENTER FOLLOWING BIRTH, YOU MAY SIGN THE CONSENT AT ANY

 3  TIME AFTER THE BIRTH OF THE CHILD. WHILE THE CONSENT IS VALID

 4  AND BINDING WHEN SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND.

 5  THIS TIME IS CALLED THE REVOCATION PERIOD. WHEN THE REVOCATION

 6  PERIOD APPLIES, YOU MAY WITHDRAW YOUR CONSENT FOR ANY REASON

 7  AT ANY TIME PRIOR TO THE PLACEMENT OF THE CHILD WITH THE

 8  PROSPECTIVE ADOPTIVE PARENTS, OR IF YOU DO IT WITHIN 3

 9  BUSINESS DAYS AFTER THE DATE YOU SIGNED THE CONSENT OR 1

10  BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE

11  FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER.

12  

13         TO WITHDRAW YOUR CONSENT DURING THE REVOCATION PERIOD,

14  YOU MUST:

15         1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER,

16  THAT YOU WISH TO WITHDRAW ARE WITHDRAWING YOUR CONSENT; AND.

17         2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY

18  FRAUD OR DURESS. MAIL THE LETTER AT A UNITED STATES POST

19  OFFICE WITHIN 3 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE

20  CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S

21  DISCHARGE FROM A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER

22  IS LATER. THE TERM "BUSINESS DAY" MEANS ANY DAY ON WHICH THE

23  UNITED STATES POSTAL SERVICE ACCEPTS CERTIFIED MAIL FOR

24  DELIVERY.

25         3.  SEND THE LETTER BY CERTIFIED UNITED STATES MAIL

26  WITH RETURN RECEIPT REQUESTED.

27         4.  PAY POSTAL COSTS AT THE TIME YOU MAIL THE LETTER.

28         5.  KEEP THE CERTIFIED MAIL RECEIPT AS PROOF THAT

29  CONSENT WAS WITHDRAWN IN A TIMELY MANNER.

30  

31  

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 1         TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT OF THE

 2  CHILD WITH THE PROSPECTIVE ADOPTIVE PARENTS, YOU MUST NOTIFY

 3  THE ADOPTION ENTITY, IN WRITING BY CERTIFIED UNITED STATES

 4  MAIL, RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY YOU SHOULD

 5  NOTIFY IS:  . . . (name of adoption entity) . . . ,  . . .

 6  (address of adoption entity) . . . ,  . . . (phone number of

 7  adoption entity) . . . .

 8  

 9         ONCE THE REVOCATION PERIOD IS OVER, OR THE CHILD HAS

10  BEEN PLACED WITH THE PROSPECTIVE ADOPTIVE PARENTS, WHICHEVER

11  OCCURS LATER, YOU MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN

12  PROVE IN COURT THAT CONSENT WAS OBTAINED BY FRAUD OR UNDER

13  DURESS.

14  

15         This statement of rights is not required for the

16  adoption of a relative, an adult, a stepchild, or a child

17  older than 6 months of age. A consent form for the adoption of

18  a child older than 6 months of age at the time of execution of

19  consent must contain a statement outlining the revocation

20  rights provided in paragraph (c).

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

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

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

24  be met.

25         (5)(6)  A copy or duplicate original of each consent

26  signed in an action for termination of parental rights pending

27  adoption must be provided to the person who executed the

28  consent to adoption. The copy must be hand delivered, with a

29  written acknowledgment of receipt signed by the person whose

30  consent is required at the time of execution , or mailed by

31  first class United States mail to the address of record in the

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 1  court file. If a copy of a consent cannot be provided as

 2  required in this subsection, the adoption entity must execute

 3  an affidavit stating why the copy of the consent was not

 4  delivered is undeliverable. The original consent and

 5  acknowledgment of receipt, an acknowledgment of mailing by the

 6  adoption entity, or an affidavit stating why the copy of the

 7  consent was not delivered, is undeliverable must be filed with

 8  the petition for termination of parental rights pending

 9  adoption.

10         (6)(a)  If a birth parent executes a consent for

11  placement of a minor with an adoption entity or qualified

12  prospective adoptive parents and the minor child is in the

13  custody of the department, but parental rights have not yet

14  been terminated, the adoption consent shall be valid, binding,

15  and enforceable by the court.

16         (b)  Upon execution of the consent of the birth parent,

17  the adoption entity shall be permitted to intervene in the

18  dependency case as a party in interest and shall provide the

19  court having jurisdiction over the minor pursuant to the

20  shelter or dependency petition filed by the department with a

21  copy of the preliminary home study of the prospective adoptive

22  parents and any other evidence of the suitability of the

23  placement. The preliminary home study shall be maintained with

24  strictest confidentiality within the dependency court file and

25  the department's file. A preliminary home study must be

26  provided to the court in all cases in which an adoption entity

27  has intervened pursuant to this section.

28         (c)  Upon a determination by the court that the

29  prospective adoptive parents are properly qualified to adopt

30  the minor child and that the adoption appears to be in the

31  best interest of the minor child, the court shall immediately

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 1  order the transfer of custody of the minor child to the

 2  prospective adoptive parents, under the supervision of the

 3  adoption entity. The adoption entity shall thereafter provide

 4  monthly supervision reports to the department until

 5  finalization of the adoption.

 6         (d)  In determining whether the best interest of the

 7  child will be served by transferring the custody of the minor

 8  child to the prospective adoptive parent selected by the birth

 9  parent, the court shall give consideration to the rights of

10  the birth parent to determine an appropriate placement for the

11  child, the permanency offered, the child's bonding with any

12  potential adoptive home that the child has been residing in,

13  and the importance of maintaining sibling relationships, if

14  possible.

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

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

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

18  notifying the adoption entity in writing by certified United

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

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

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

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

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

24  which the United States Postal Service accepts certified mail

25  for delivery.

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

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

28  adoption entity must contact the prospective adoptive parent

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

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

31  emergency hearing by the adoption entity, the court determines

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 1  in written findings that placement of the minor with the

 2  person withdrawing consent may endanger the minor, or the

 3  person who desires to withdraw consent to the adoption would

 4  not be required to consent to the adoption or has been

 5  determined to have abandoned the child.

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

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

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

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

10  is appropriate, whether an investigation by the department is

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

12  available for the temporary placement.

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

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

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

16  court may order scientific paternity testing and reserve

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

18  testing have been filed with the court.

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

20  business days after timely and proper notification of the

21  withdrawal of consent or after the court determines that

22  withdrawal is valid and binding upon consideration of an

23  emergency motion, as filed pursuant to paragraph (b), to the

24  physical custody of the person withdrawing consent or the

25  person directed by the court. If the person seeking to validly

26  withdraw consent claims to be the father of the minor but has

27  not been established to be the father by marriage, court

28  order, or scientific testing, the adoption entity may return

29  the minor to the care and custody of the mother, if she

30  desires such placement, and the mother is not otherwise

31  prohibited by law from having custody of the child.

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 1         (f)  Following the revocation period for withdrawal of

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

 3  child with the prospective adoptive parents, whichever occurs

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

 5  the consent was obtained by fraud or under duress.

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

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

 8  under duress.

 9         Section 16.  Section 63.085, Florida Statutes, is

10  amended to read:

11         63.085  Disclosure by adoption entity.--

12         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

13  ADOPTIVE PARENTS.--Not later than 14 7 days after a person

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

15  for adoption contacts an adoption entity in person or provides

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

17  provide a written disclosure statement to that person if the

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

19  adoption entity is assisting in the effort to terminate the

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

21  with the adoption entity, the written disclosure must be

22  provided within 14 7 days after that parent is identified and

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

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

25  adoption when that person has sought information or advice

26  from the adoption entity regarding the option of adoptive

27  placement. The written disclosure statement must be in

28  substantially the following form:

29  

30          ADOPTION DISCLOSURE

31  

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 1         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

 2  PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A MINOR OR

 3  SEEKING TO PLACE A MINOR FOR ADOPTION, TO ADVISE THEM OF THE

 4  FOLLOWING FACTS REGARDING ADOPTION UNDER FLORIDA LAW:

 5  

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

 7  adoption entity providing this disclosure is:

 8          Name:_____________________________________

 9          Address:__________________________________

10          Telephone Number:_________________________

11          2.  The adoption entity does not provide legal

12  representation or advice to birth parents, and birth parents

13  have the right to consult with an attorney of their own

14  choosing to advise them.

15          3.  With the exception of an adoption by a stepparent

16  or relative, a child cannot be placed into a prospective

17  adoptive home unless the prospective adoptive parents have

18  received a favorable preliminary home study, including

19  criminal and child abuse clearances.

20          4.  A valid consent for adoption may not be signed by

21  the birth mother until 48 hours after the birth of the child,

22  or the day the birth mother is notified, in writing, that she

23  is fit for discharge from the licensed hospital or birth

24  center. A putative father may sign a valid consent for

25  adoption at any time after the birth of the child.

26          5.  A consent for adoption signed before the child

27  attains the age of 6 months is binding and irrevocable from

28  the moment it is signed unless it can be proven in court that

29  the consent was obtained by fraud or duress. A consent for

30  adoption signed after the child attains the age of 6 months is

31  valid from the moment it is signed; however, it may be revoked

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 1  until the child is placed in an adoptive home, or up to 3 days

 2  after it was signed, whichever period is longer.

 3          6.  A consent for adoption is not valid if the

 4  signature of the person who signed the consent was obtained by

 5  fraud or duress.

 6          7.  There are alternatives to adoption, including

 7  foster care, relative care, and parenting the child. There may

 8  be services and sources of financial assistance in the

 9  community available to birth parents if they choose to parent

10  the child.

11          8.  A birth parent has the right to have a witness of

12  his or her choice, who is unconnected with the adoption entity

13  or the adoptive parents, to be present and witness the signing

14  of the consent or affidavit of nonpaternity.

15          9.  A birth parent 14 years of age or younger must

16  have a parent, legal guardian, or court-appointed guardian ad

17  litem to assist and advise the birth parent as to the adoption

18  plan.

19          10.  A birth parent has a right to receive supportive

20  counseling from a counselor, social worker, physician, clergy,

21  or attorney, and such counseling would be beneficial to the

22  birth parent.

23          11.  The payment of living or medical expenses by the

24  prospective adoptive parents prior to the birth of the child

25  does not, in any way, obligate the birth parent to sign the

26  consent for adoption.

27          1.  Under section 63.102, Florida Statutes, the

28  existence of a placement or adoption contract signed by the

29  parent or prospective adoptive parent, prior approval of that

30  contract by the court, or payment of any expenses permitted

31  

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 1  under Florida law does not obligate anyone to sign a consent

 2  or ultimately place a minor for adoption.

 3          2.  Under sections 63.092 and 63.125, Florida

 4  Statutes, a favorable preliminary home study, before the minor

 5  may be placed in that home, and a final home investigation,

 6  before the adoption becomes final, must be completed.

 7          3.  Under section 63.082, Florida Statutes, a consent

 8  to adoption or affidavit of nonpaternity may not be signed

 9  until after the birth of the minor.

10          4.  Under section 63.082, Florida Statutes, if the

11  minor is to be placed for adoption with identified prospective

12  adoptive parents upon release from a licensed hospital or

13  birth center following birth, the consent to adoption may not

14  be signed until 48 hours after birth or until the day the

15  birth mother has been notified in writing, either on her

16  patient chart or in release papers, that she is fit to be

17  released from the licensed hospital or birth center, whichever

18  is sooner. The consent to adoption or affidavit of

19  nonpaternity is valid and binding upon execution unless the

20  court finds it was obtained by fraud or under duress.

21          5.  Under section 63.082, Florida Statutes, if the

22  minor is not placed for adoption with the prospective adoptive

23  parent upon release from the hospital or birth center

24  following birth, a 3-day revocation period applies during

25  which consent may be withdrawn for any reason by notifying the

26  adoption entity in writing. In order to withdraw consent, the

27  written withdrawal of consent must be mailed at a United

28  States Post Office no later than 3 business days after

29  execution of the consent or 1 business day after the date of

30  the birth mother's discharge from a licensed hospital or birth

31  center, whichever occurs later. For purposes of mailing the

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 1  withdrawal of consent, the term "business day" means any day

 2  on which the United States Postal Service accepts certified

 3  mail for delivery. The letter must be sent by certified United

 4  States mail, return receipt requested. Postal costs must be

 5  paid at the time of mailing and the receipt should be retained

 6  as proof that consent was withdrawn in a timely manner.

 7          6.  Under section 63.082, Florida Statutes, and

 8  notwithstanding the revocation period, the consent may be

 9  withdrawn at any time prior to the placement of the child with

10  the prospective adoptive parent, by notifying the adoption

11  entity in writing by certified United States mail, return

12  receipt requested.

13          7.  Under section 63.082, Florida Statutes, if an

14  adoption entity timely receives written notice from a person

15  of that person's desire to withdraw consent, the adoption

16  entity must contact the prospective adoptive parent to arrange

17  a time certain to regain physical custody of the child. Absent

18  a court order for continued placement of the child entered

19  under section 63.082, Florida Statutes, the adoption entity

20  must return the minor within 3 days after notification of the

21  withdrawal of consent to the physical custody of the person

22  withdrawing consent. After the revocation period for

23  withdrawal of consent ends, or after the placement of the

24  child with the prospective adoptive parent, whichever occurs

25  later, the consent may be withdrawn only if the court finds

26  that the consent was obtained by fraud or under duress.

27          8.  Under section 63.082, Florida Statutes, an

28  affidavit of nonpaternity, once executed, may be withdrawn

29  only if the court finds that it was obtained by fraud or under

30  duress.

31  

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 1          9.  Under section 63.082, Florida Statutes, a person

 2  who signs a consent to adoption or an affidavit of

 3  nonpaternity must be given reasonable notice of his or her

 4  right to select a person who does not have an employment,

 5  professional, or personal relationship with the adoption

 6  entity or the prospective adoptive parents to be present when

 7  the consent or affidavit is executed and to sign the consent

 8  or affidavit as a witness.

 9          10.  Under section 63.088, Florida Statutes, specific

10  and extensive efforts are required by law to attempt to obtain

11  the consents required under section 63.062, Florida Statutes.

12  If these efforts are unsuccessful, the court may not enter a

13  judgment terminating parental rights pending adoption until

14  certain requirements have been met.

15          11.  Under Florida law, an intermediary may represent

16  the legal interests of only the prospective adoptive parents.

17  Each person whose consent to an adoption is required under

18  section 63.062, Florida Statutes, is entitled to seek

19  independent legal advice and representation before signing any

20  document or surrendering parental rights.

21          12.  Under section 63.182, Florida Statutes, an action

22  or proceeding of any kind to vacate, set aside, or otherwise

23  nullify a judgment of adoption or an underlying judgment

24  terminating parental rights pending adoption, on any ground,

25  including duress but excluding fraud, must be filed within 1

26  year after entry of the judgment terminating parental rights

27  pending adoption. Such an action or proceeding for fraud must

28  be filed within 2 years after entry of the judgment

29  terminating parental rights.

30          13.  Under section 63.089, Florida Statutes, a

31  judgment terminating parental rights pending adoption is

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 1  voidable and any later judgment of adoption of that minor is

 2  voidable if, upon the motion of a parent, the court finds that

 3  any person knowingly gave false information that prevented the

 4  parent from timely making known his or her desire to assume

 5  parental responsibilities toward the minor or to exercise his

 6  or her parental rights. The motion must be filed with the

 7  court that originally entered the judgment. The motion must be

 8  filed within a reasonable time, but not later than 2 years

 9  after the date the judgment to which the motion is directed

10  was entered.

11          14.  Under section 63.165, Florida Statutes, the State

12  of Florida maintains a registry of adoption information.

13  Information about the registry is available from the

14  Department of Children and Family Services.

15          15.  Under section 63.032, Florida Statutes, a court

16  may find that a parent has abandoned his or her child based on

17  conduct during the pregnancy or based on conduct after the

18  child is born. In addition, under section 63.089, Florida

19  Statutes, the failure of a parent to respond to notices of

20  proceedings involving his or her child shall result in

21  termination of parental rights of a parent. A lawyer can

22  explain what a parent must do to protect his or her parental

23  rights. Any parent wishing to protect his or her parental

24  rights should act IMMEDIATELY.

25          16.  Each parent and prospective adoptive parent is

26  entitled to independent legal advice and representation.

27  Attorney information may be obtained from the yellow pages,

28  The Florida Bar's lawyer referral service, and local legal aid

29  offices and bar associations.

30  

31  

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 1          17.  Counseling services may be helpful while making a

 2  parenting decision. Consult the yellow pages of the telephone

 3  directory.

 4          18.  Medical and social services support is available

 5  if the parent wishes to retain parental rights and

 6  responsibilities. Consult the Department of Children and

 7  Family Services.

 8          19.  Under section 63.039, Florida Statutes, an

 9  adoption entity has certain legal responsibilities and may be

10  liable for damages to persons whose consent to an adoption is

11  required or to prospective adoptive parents for failing to

12  materially meet those responsibilities. Damages may also be

13  recovered from an adoption entity if a consent to adoption or

14  affidavit of nonpaternity is obtained by fraud or under duress

15  attributable to an adoption entity.

16          20.  Under section 63.097, Florida Statutes,

17  reasonable living expenses of the birth mother may be paid by

18  the prospective adoptive parents and the adoption entity only

19  if the birth mother is unable to pay due to unemployment,

20  underemployment, or disability. The law also allows payment of

21  reasonable and necessary medical expenses, expenses necessary

22  to comply with the requirements of chapter 63, Florida

23  Statutes, court filing expenses, and costs associated with

24  advertising. Certain documented legal, counseling, and other

25  professional fees may be paid. Prior approval of the court is

26  not required until the cumulative total of amounts permitted

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

28  $3,000 in expenses, or $1,500 in cumulative expenses incurred

29  prior to the date the prospective adoptive parent retains the

30  adoption entity. The following fees, costs, and expenses are

31  prohibited:

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 1          a.  Any fee or expense that constitutes payment for

 2  locating a minor for adoption.

 3          b.  Any lump-sum payment to the entity which is

 4  nonrefundable directly to the payor or which is not itemized

 5  on the affidavit.

 6          c.  Any fee on the affidavit which does not specify

 7  the service that was provided and for which the fee is being

 8  charged, such as a fee for facilitation or acquisition.

 9  

10         The court may reduce amounts charged or refund amounts

11  that have been paid if it finds that these amounts were more

12  than what was reasonable or allowed under the law.

13          21.  Under section 63.132, Florida Statutes, the

14  adoption entity and the prospective adoptive parents must sign

15  and file with the court a written statement under oath listing

16  all the fees, expenses, and costs made, or agreed to be made,

17  by or on behalf of the prospective adoptive parents and any

18  adoption entity in connection with the adoption. The affidavit

19  must state whether any of the expenses were eligible to be

20  paid for by any other source.

21          22.  Under section 63.132, Florida Statutes, the court

22  order approving the money spent on the adoption must be

23  separate from the judgment making the adoption final. The

24  court may approve only certain costs and expenses allowed

25  under section 63.097, Florida Statutes. The court may approve

26  only fees that are allowed under law and that it finds to be

27  "reasonable." A good idea of what is and is not allowed to be

28  paid for in an adoption can be determined by reading sections

29  63.097 and 63.132, Florida Statutes.

30  

31  

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

 2  must obtain a written statement acknowledging receipt of the

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

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

 5  obtain such an acknowledgment, the adoption entity must

 6  execute an affidavit stating why an acknowledgment could not

 7  be obtained. If the disclosure was delivered by certified

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

 9  signed by the person from whom acknowledgment is required is

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

11  of the acknowledgment of receipt of the disclosure must be

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

13  acknowledgment or affidavit executed by the adoption entity in

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

15  the adoption entity. The original acknowledgment or affidavit

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

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

18  affidavit must be included in the preliminary home study

19  required in s. 63.092.

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

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

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

23  making certain disclosures to a parent and obtaining a written

24  acknowledgment of receipt must be repeated.

25         (3)(4)  REVOCATION OF CONSENT.--Failure to meet the

26  requirements of subsection (1) or subsection (2) subsections

27  (1)-(3) does not constitute grounds for revocation of a

28  consent to adoption or withdrawal of an affidavit of

29  nonpaternity unless the extent and circumstances of such a

30  failure result in a material failure of fundamental fairness

31  in the administration of due process, or the failure

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 1  constitutes or contributes materially to fraud or duress in

 2  obtaining a consent to adoption or affidavit of nonpaternity.

 3         Section 17.  Section 63.087, Florida Statutes, is

 4  amended to read:

 5         63.087  Proceeding to terminate parental rights pending

 6  adoption; general provisions.--

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

 8  a court determine whether a minor is legally available for

 9  adoption through a separate proceeding terminating parental

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

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

12  Procedure govern a proceeding to terminate parental rights

13  pending adoption unless otherwise provided by law.

14         (1)(3)  JURISDICTION.--A court of this state which is

15  competent to decide child welfare or custody matters has

16  jurisdiction to hear all matters arising from a proceeding to

17  terminate parental rights pending adoption. All subsequent

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

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

20  who conducted the termination proceedings, if that judge is

21  still available within the division of the court which

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

23  unavailable, by another judge within the division.

24         (2)(4)  VENUE.--

25         (a)  A petition to terminate parental rights pending

26  adoption must be filed:

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

28  the previous 6 months;

29         2.  If the child does not reside in the State of

30  Florida, in the county where the adoption entity is located is

31  younger than 6 months of age or has not continuously resided

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 1  in one county for the previous 6 months, in the county where

 2  the parent resided at the time of the execution of the consent

 3  to adoption or the affidavit of nonpaternity;

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

 5  waiver of venue has been obtained pursuant to s. 63.062 In the

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

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

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

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

10  the time of execution of the consent or affidavit of

11  nonpaternity;

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

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

14  resides; or

15         4.5.  If neither parent resides in the state, in the

16  county where the adoption entity is located. The fact of the

17  minor's presence within the state confers jurisdiction on the

18  court in proceedings in the minor's case under this chapter,

19  or to a parent or guardian if due notice has been given.

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

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

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

23  shall determine whether that parent intends to assert legally

24  recognized grounds to contest a termination of parental rights

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

26  county where that parent resides or resided at the time of the

27  execution of the consent, if there is such a county, or, if

28  not, a county where:

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

30  terminated resides;

31  

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

 2  execution of a consent or affidavit of nonpaternity; or

 3         3.  The adoption entity is located, if neither

 4  subparagraph 1. nor subparagraph 2. applies.

 5  

 6         For purposes of selecting venue, the court shall

 7  consider the ease of access to the court for the parent who

 8  intends to contest a termination of parental rights.

 9         (c)  If there is a transfer of venue, the court may

10  determine which party shall the adoption entity or the

11  petitioner must bear the cost of venue transfer.

12  

13         For purposes of the hearing under this subsection,

14  witnesses located in another jurisdiction may testify by

15  deposition or testify by telephone, audiovisual means, or

16  other electronic means before a designated court or at another

17  location. Documentary evidence transmitted from another

18  location by technological means that do not produce an

19  original writing may not be excluded from evidence on an

20  objection based on the means of transmission. The court on its

21  own motion may otherwise prescribe the manner in which and the

22  terms upon which the testimony is taken.

23         (3)(5)  PREREQUISITE FOR ADOPTION.--A petition for

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

25  court enters judge signed the judgment terminating parental

26  rights pending adoption under this chapter or , unless the

27  adoptee is an adult or the minor has been the subject of a

28  judgment terminating parental rights under chapter 39.

29  Adoptions of relatives, adult adoptions, or adoptions of

30  stepchildren shall not be required to file a separate

31  termination of parental rights proceeding pending adoption. In

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 1  such cases, all required consents, affidavits, notices, and

 2  acknowledgements shall be attached to the petition for

 3  adoption or filed separately in the adoption proceeding.

 4         (4)(6)  PETITION.--

 5         (a)  A proceeding seeking to terminate parental rights

 6  pending adoption pursuant to this chapter must be initiated by

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

 8  minor.

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

10  having physical legal custody of the minor. The petition may

11  be filed by an adoption entity only if a parent or person

12  having physical or legal custody who has executed a consent to

13  adoption pursuant to s. 63.082 also consents in writing to the

14  adoption entity filing the petition. The original of such

15  consent must be filed with the petition.

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

17  the Termination of Parental Rights for the Proposed Adoption

18  of a Minor Child."

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

20  consolidated with a previously filed petition for a

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

22  fee may be assessed for both the termination of parental

23  rights and declaratory statement petitions.

24         (d)(e)  The petition to terminate parental rights

25  pending adoption must be in writing and signed by the

26  petitioner under oath stating the petitioner's good faith in

27  filing the petition. A written consent to adoption, affidavit

28  of nonpaternity, or affidavit of diligent search under s.

29  63.088, for each person whose consent to adoption is required

30  under s. 63.062, must be executed and attached.

31         (e)(f)  The petition must include:

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

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

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

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

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

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

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

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

 9  Child Custody Jurisdiction Act or the Indian Child Welfare

10  Act, to identify their own interest in the action. In the case

11  of an infant child whose adoptive name appears on the original

12  birth certificate, the adoptive name shall not be included in

13  the petition, nor shall it be included elsewhere in the

14  termination of parental rights proceeding.

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

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

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

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

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

20  which that city is located.

21         3.  Unless a consent to adoption or affidavit of

22  nonpaternity executed by each person whose consent is required

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

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

25  that city is located, of:

26         a.  The minor's mother;

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

28  the minor's father; and

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

30  39.01, of the minor.

31  

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 1         If a required name or address is not known, the

 2  petition must so state.

 3         2.4.  All information required by the Uniform Child

 4  Custody Jurisdiction Act and the Indian Child Welfare Act.

 5         3.5.  A statement of the grounds under s. 63.089 upon

 6  which the petition is based.

 7         4.6.  The name, address, and telephone number of any

 8  adoption entity seeking to place the minor for adoption.

 9         5.7.  The name, address, and telephone number of the

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

11  filed.

12         6.8.  A certification of compliance with the

13  requirements of s. 63.0425 regarding notice to grandparents of

14  an impending adoption.

15         (5)  SUMMONS TO BE ISSUED.--The petitioner shall cause

16  a summons to be issued substantially in the form provided in

17  Form 1.902, Florida Rules of Civil Procedure. Petition and

18  summons shall be served upon any person whose consent has been

19  provided but who has not waived service of the pleadings and

20  notice of the hearing thereon and also upon any person whose

21  consent is required but who has not provided that consent.

22         (6)(7)  ANSWER NOT REQUIRED.--An answer to the petition

23  or any pleading requiring an answer shall need not be filed in

24  accordance with the Florida Rules of Civil Procedure by any

25  minor, parent, or person having legal custody of the minor,

26  but any matter that might be set forth in an answer or other

27  pleading may be pleaded orally before the court or filed in

28  writing. However, Failure to file a written response or to

29  appear at the hearing on the petition constitutes grounds upon

30  which the court may terminate parental rights. The petitioner

31  shall provide notice of the final hearing by United States

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 1  mail to any person who has been served with the summons and

 2  petition for termination of parental rights within the

 3  specified time periods. Notwithstanding the filing of any

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

 5  terminate parental rights pending adoption whose consent to

 6  adoption is required under s. 63.062 must:

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

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

 9  person may consult with an attorney; and

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

11  the petition; and

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

13  of any consent or affidavit of nonpaternity signed by any

14  person.

15         Section 18.  Section 63.088, Florida Statutes, is

16  amended to read:

17         63.088  Proceeding to terminate parental rights pending

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

19         (1)  NOTICE REQUIRED.--An unmarried biological father,

20  by virtue of the fact that he has engaged in a sexual

21  relationship with a woman, is deemed to be on notice that a

22  pregnancy and an adoption proceeding regarding that child may

23  occur and that he has a duty to protect his own rights and

24  interest. He is, therefore, entitled to notice of a birth or

25  adoption proceeding with regard to that child only as provided

26  in this chapter.

27         (2)(1)  INITIATE LOCATION AND IDENTIFICATION

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

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

30  adoption entity must begin the inquiry and diligent search

31  process required by this section within a reasonable time

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 1  period not later than 7 days after the date on which the

 2  person seeking to place a minor for adoption has evidenced in

 3  writing to the adoption entity a desire to place the minor for

 4  adoption with that entity, or not later than 30 7 days after

 5  the date any money is provided as permitted under this chapter

 6  by the adoption entity for the benefit of the person seeking

 7  to place a minor for adoption.

 8         (3)(2)  LOCATION AND IDENTITY KNOWN.--Before the court

 9  may determine that a minor is available for adoption, and in

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

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

12  not executed an affidavit of nonpaternity, and whose location

13  and identity have been determined by compliance with the

14  procedures in this section must be personally served, pursuant

15  to chapter 48, at least 20 30 days before the hearing with a

16  copy of the petition to terminate parental rights pending

17  adoption and with notice in substantially the following form:

18  

19         NOTICE OF PETITION AND HEARING

20         TO TERMINATE PARENTAL RIGHTS

21         PENDING ADOPTION

22  

23         A petition to terminate parental rights pending

24  adoption has been filed. A copy of the petition is being

25  served with this notice. There will be a hearing on the

26  petition to terminate parental rights pending adoption on  . .

27  . (date) . . .  at  . . . (time) . . .  before  . . . (judge)

28  . . .  at  . . . (location, including complete name and street

29  address of the courthouse) . . . . The court has set aside  .

30  . . (amount of time) . . .  for this hearing. If you executed

31  a consent to adoption or an affidavit of nonpaternity and a

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 1  waiver of venue, you have the right to request that the

 2  hearing on the petition to terminate parental rights be

 3  transferred to the county in which you reside. You may object

 4  by appearing at the hearing or filing a written objection with

 5  the court.

 6  

 7         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE

 8  A WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR

 9  AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL

10  END ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR

11  CHILD.

12  

13         (4)(3)  REQUIRED INQUIRY.--In proceedings initiated

14  under s. 63.087, the court must conduct an inquiry of the

15  person who is placing the minor for adoption and of any

16  relative or person having legal custody of the minor who is

17  present at the hearing and likely to have the following

18  information regarding the identity of:

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

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

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

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

23  the father of the minor;

24         (c)  Any man who has adopted the minor;

25         (d)(c)  Any man with whom the mother was cohabiting at

26  any time when conception of the minor may have occurred; and

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

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

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

30  pregnancy;

31  

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

 2  the birth certificate of the minor or in connection with

 3  applying for or receiving public assistance;

 4         (e)(f)  Any person who has acknowledged or claimed

 5  paternity of the minor; and

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

 7  the father.

 8  

 9         The information required under this subsection may be

10  provided to the court in the form of a sworn affidavit by a

11  person having personal knowledge of the facts, addressing each

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

13  inquiry identifies a father under paragraph (a), or paragraph

14  (b), or paragraph (c), the inquiry shall not continue further.

15  The inquiry required under this subsection may be conducted

16  before the birth of the minor.

17         (5)(4)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the

18  inquiry by the court under subsection (4) (3) identifies any

19  person whose consent to adoption is required under s. 63.062

20  and who has not executed a consent to adoption or an affidavit

21  of nonpaternity, and the location of the person from whom

22  consent is required is unknown, the adoption entity must

23  conduct a diligent search for that person which must include

24  inquiries concerning:

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

26  address, through an inquiry of the United States Postal

27  Service through the Freedom of Information Act;

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

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

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

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

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

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

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

 4  funds have been mailed;

 5         (c)  Regulatory agencies, including those regulating

 6  licensing in the area where the person last resided;

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

 8  such can be reasonably obtained from the petitioner or other

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

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

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

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

13  sisters, aunts, uncles, cousins, nieces, nephews,

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

15  stepparents, and stepchildren;

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

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

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

19  last resided;

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

21  where the person last resided;

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

23  person last resided;

24         (i)  Department of Corrections records in the state

25  where the person last resided;

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

27  resided;

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

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

30  where the person last resided;

31  

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

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

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

 4  the area where the person last resided; and

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

 6  and

 7         (o)  Information held by all medical providers who

 8  rendered medical treatment or care to the birth mother and

 9  child, including the identity and location information of all

10  persons listed by the mother as being financially responsible

11  for the uninsured expenses of treatment or care and all

12  persons who made any such payments.

13  

14         Any person contacted by a petitioner or adoption entity

15  who is requesting information pursuant to this subsection must

16  release the requested information to the petitioner or

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

18  necessity of a subpoena or court order.

19  

20         An affidavit of diligent search executed by the

21  petitioner and the adoption entity must be filed with the

22  court confirming completion of each aspect of the diligent

23  search enumerated in this subsection and specifying the

24  results. The diligent search required under this subsection

25  may be conducted before the birth of the minor.

26         (6)(5)  CONSTRUCTIVE SERVICE LOCATION UNKNOWN OR

27  IDENTITY UNKNOWN .--This subsection only applies if, as to any

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

29  not executed a consent to adoption or an affidavit of

30  nonpaternity, the location or identity of the person is

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

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

 2  to locate the person. The unlocated or unidentified person

 3  must be served notice under subsection (3) (2) by constructive

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

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

 6  notice shall be published in the county where the person was

 7  last known to have resided. The notice, in addition to all

 8  information required under in the petition under s. 63.087(6)

 9  and chapter 49, must include contain a physical description,

10  including, but not limited to, age, race, hair and eye color,

11  and approximate height and weight of the person, minor's

12  mother and of any person the mother reasonably believes may be

13  the father; the minor's date of birth, and the place of birth

14  of the minor. Constructive service by publication shall not be

15  required to provide notice to an identified birth father whose

16  consent is not required pursuant to ss. 63.062 and 63.064; and

17  any date and city, including the county and state in which the

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

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

20  subsection are unknown and cannot be reasonably ascertained,

21  the notice must so state.

22         Section 19.  Section 63.089, Florida Statutes, is

23  amended to read:

24         63.089  Proceeding to terminate parental rights pending

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

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

27  pending adoption only after a full evidentiary hearing.

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

29  hearing only when:

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

31  required under s. 63.062:

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

 2  filed with the court;

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

 4  been executed and filed with the court; or

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

 6  63.088; or

 7         4.  The certificate from the Office of Vital Statistics

 8  has been provided to the court stating that a diligent search

 9  has been made of the Florida Putative Father Registry created

10  in s. 63.054 and that no filing has been found pertaining to

11  the father of the child in question or, if a filing is found,

12  stating the name of the putative father and the time and date

13  of the filing.

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

15  under ss. 63.087 and 63.088:

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

17  personal service and an affidavit of service has been filed

18  with the court;

19         2.  At least 30 60 days have elapsed since the first

20  date of publication of constructive service and an affidavit

21  of service has been filed with the court; or

22         3.  An affidavit of nonpaternity which affirmatively

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

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

25         (d)  The petition contains all information required

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

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

28  obtained and filed with the court.

29         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

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

31  rights pending adoption if the court determines by clear and

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 1  convincing evidence, supported by written findings of fact,

 2  that each person whose consent to adoption is required under

 3  s. 63.062:

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

 5  withdrawn under s. 63.082 and the consent was obtained

 6  according to the requirements of this chapter;

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

 8  affidavit was obtained according to the requirements of this

 9  chapter;

10         (c)  Has been served with a notice of the intended

11  adoption plan in accordance with the provisions of s.

12  63.062(3) and has failed to respond within the designated time

13  period;

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

15  proceeding in accordance with the requirements of this chapter

16  and has failed to file a written answer or appear at the

17  evidentiary hearing resulting in the judgment terminating

18  parental rights pending adoption;

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

20  proceeding in accordance with the requirements of this chapter

21  and has been determined under subsection (4) to have abandoned

22  the minor as defined in s. 63.032;

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

24  parent has been judicially declared incapacitated with

25  restoration of competency found to be medically improbable;

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

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

28  in writing to a request for consent for a period of 60 days

29  or, after examination of his or her written reasons for

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

31  his or her consent unreasonably;

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

 2  proceeding in accordance with the requirements of this

 3  chapter, but has been found by the court, after examining

 4  written reasons for the withholding of consent, to be

 5  unreasonably withholding his or her consent; or

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

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

 8  consent to the adoption is excused by reason of prolonged and

 9  unexplained absence, unavailability, incapacity, or

10  circumstances that are found by the court to constitute

11  unreasonable withholding of consent.

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

13  resulting in a termination of parental rights must be based

14  upon clear and convincing evidence that a parent or person

15  having legal custody has abandoned the child in accordance

16  with the definition contained in s. 63.032(1). A finding of

17  abandonment may not be based upon a lack of emotional support

18  to a birth mother during her pregnancy, but may be based upon

19  emotional abuse or a refusal to provide reasonable financial

20  support, when able, to a birth mother during her pregnancy.

21  If, in the opinion of the court, the efforts of a parent or

22  person having legal custody of the child to support and

23  communicate with the child are only marginal efforts that do

24  not evince a settled purpose to assume all parental duties,

25  the court may declare the child to be abandoned. In making

26  this decision, the court may consider the conduct of a father

27  toward the child's mother during her pregnancy.

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

29  hearing for termination of parental rights pursuant to this

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

31  not inconsistent with this section:

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 1         1.  Whether the actions alleged to constitute

 2  abandonment demonstrate a willful disregard for the safety or

 3  welfare of the child or unborn child;

 4         2.  Whether other persons prevented the person alleged

 5  to have abandoned the child from making the efforts referenced

 6  in this subsection;

 7         2.3.  Whether the person alleged to have abandoned the

 8  child, while being able, failed refused to provide financial

 9  support after such person was informed he may be the father of

10  the child;

11         3.4.  Whether the person alleged to have abandoned the

12  child, while being able, failed refused to pay for medical

13  treatment when such payment was requested by the person having

14  legal custody of the child and those expenses were not covered

15  by insurance or other available sources; and

16         4.5.  Whether the amount of support provided or medical

17  expenses paid was appropriate, taking into consideration the

18  needs of the child and relative means and resources available

19  to the person alleged to have abandoned the child and

20  available to the person having legal custody of the child

21  during the period the child allegedly was abandoned; and

22         6.  Whether the person having legal custody of the

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

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

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

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

27  events such as medical appointments and tests relating to the

28  child or, if unborn, the pregnancy.

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

30  child is incarcerated on or after October 1, 2001, in a state

31  or federal correctional institution and:

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

 2  to be incarcerated will constitute a substantial portion of

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

 4  years;

 5         2.  The incarcerated parent has been determined by the

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

 7  775.084, a habitual violent felony offender as defined in s.

 8  775.084, convicted of child abuse as defined in s. 827.03, or

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

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

11  782.04 or a sexual battery that constitutes a capital, life,

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

13  convicted of an offense in another jurisdiction which is

14  substantially similar to one of the offenses listed in this

15  subparagraph. As used in this section, the term "substantially

16  similar offense" means any offense that is substantially

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

18  this subparagraph, and that is in violation of a law of any

19  other jurisdiction, whether that of another state, the

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

21  territory thereof, or any foreign jurisdiction; or

22         3.  The court determines by clear and convincing

23  evidence that continuing the parental relationship with the

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

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

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

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

28  during pregnancy that the court may consider in determining

29  whether the child has been abandoned is conduct that occurred

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

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

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 1  63.088 have been made to inform the father that he is, or may

 2  be, the father of the child.

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

 4  court does not find by clear and convincing evidence that

 5  parental rights of a parent should be terminated pending

 6  adoption, the court must dismiss the petition with prejudice

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

 8  such petition shall remain in full force under the law. The

 9  order must include written findings in support of the

10  dismissal, including findings as to the criteria in subsection

11  (4) if rejecting a claim of abandonment. Parental rights may

12  not be terminated based upon a consent that the court finds

13  has been timely withdrawn under s. 63.082 or a consent to

14  adoption or affidavit of nonpaternity that the court finds was

15  obtained by fraud or under duress. The court must enter an

16  order based upon written findings providing for the placement

17  of the minor. The court may order scientific testing to

18  determine the paternity of the minor at any time during which

19  the court has jurisdiction over the minor. Further

20  proceedings, if any, regarding the minor must be brought in a

21  separate custody action under chapter 61, a dependency action

22  under chapter 39, or a paternity action under chapter 742.

23         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

24  ADOPTION.--

25         (a)  The judgment terminating parental rights pending

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

27  the grounds for terminating parental rights pending adoption.

28         (b)  Within 7 days 24 hours after filing, the court

29  shall mail a copy of the judgment to the department, the

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

31  

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 1  63.062, and the respondent . The clerk shall execute a

 2  certificate of such each mailing.

 3         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

 4  RIGHTS.--

 5         (a)  A judgment terminating parental rights pending

 6  adoption is voidable and any later judgment of adoption of

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

 8  court finds that a person knowingly gave false information

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

10  desire to assume parental responsibilities toward the minor or

11  meeting the requirements under this chapter to exercise his or

12  her parental rights. A motion for relief from a judgment

13  terminating parental rights under this subsection must be

14  filed with the court originally entering the judgment. The

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

16  than 1 year 2 years after the entry of the judgment

17  terminating parental rights.

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

19  under this subsection, the court must conduct a preliminary

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

21  between a parent and the child pending resolution of the

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

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

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

25  must be issued in writing as expeditiously as possible and

26  must state with specificity any provisions regarding contact

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

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

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

30  scientific testing to determine the paternity of the minor if

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

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

 2  determined by legitimacy or scientific testing. The court may

 3  order supervised visitation with a person for whom scientific

 4  testing for paternity has been ordered and who has previously

 5  established a bonded relationship with the child. Such

 6  visitation shall be conditioned upon the filing of those test

 7  results with the court and such results establishing that

 8  person's paternity of the minor.

 9         (d)  Unless otherwise agreed between the parties or for

10  good cause shown No later than 45 days after the preliminary

11  hearing, the court shall must conduct a final hearing on the

12  motion for relief from to set aside the judgment within 45

13  days after the filing and enter its written order as

14  expeditiously as possible thereafter.

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

16  records pertaining to a petition to terminate parental rights

17  pending adoption are related to the subsequent adoption of the

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

19  confidentiality provisions of this chapter do not apply to the

20  extent information regarding persons or proceedings must be

21  made available as specified under s. 63.088.

22         Section 20.  Section 63.092, Florida Statutes, is

23  amended to read:

24         63.092  Report to the court of intended placement by an

25  adoption entity; at-risk placement; preliminary study.--

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

27  report any intended placement of a minor for adoption with any

28  person who is not a relative related within the third degree

29  or a stepparent if the adoption entity has knowledge of, or

30  participates in, such intended placement. The report must be

31  

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 1  made to the court before the minor is placed in the home or

 2  within 48 hours thereafter.

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

 4  prospective adoptive home before the parental rights of the

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

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

 7  placement, the prospective adoptive parents must acknowledge

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

 9  adoptive home that the placement is at risk. The prospective

10  adoptive parents shall be advised by the adoption entity, in

11  writing, and that the minor is subject to removal from the

12  prospective adoptive home by the adoption entity or by court

13  order at any time prior to the finalization of the adoption.

14         (3)  PRELIMINARY HOME STUDY.--Before placing the minor

15  in the intended adoptive home, a preliminary home study must

16  be performed by a licensed child-placing agency, a

17  child-caring agency registered under s. 409.176, a licensed

18  professional, or agency described in s. 61.20(2), unless the

19  adoptee is an adult or the petitioner is a stepparent, a

20  spouse of the parent, or a relative.  The preliminary study

21  shall be completed within 30 days after the receipt by the

22  court of the adoption entity's report, but in no event may the

23  minor be placed in the prospective adoptive home prior to the

24  completion of the preliminary study unless ordered by the

25  court. If the adoptee is an adult or the petitioner is a

26  stepparent, a spouse of the parent, or a relative, a the

27  preliminary home study may be required by the court for good

28  cause shown.  The department is required to perform the

29  preliminary home study only if there is no licensed

30  child-placing agency, child-caring agency registered under s.

31  409.176, licensed professional, or agency described in s.

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 1  61.20(2), in the county where the prospective adoptive parents

 2  reside. The preliminary home study must be made to determine

 3  the suitability of the intended adoptive parents and may be

 4  completed prior to identification of a prospective adoptive

 5  minor.  A favorable preliminary home study is valid for 1 year

 6  after the date of its completion. Upon its completion, a copy

 7  of the home study must be provided to the intended adoptive

 8  parents who were the subject of the home study. A minor may

 9  not be placed in an intended adoptive home before a favorable

10  preliminary home study is completed unless the adoptive home

11  is also a licensed foster home under s. 409.175.  The

12  preliminary home study must include, at a minimum:

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

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

15  registry and criminal records correspondence checks pursuant

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

17  intended adoptive parents;

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

19  home;

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

21  intended adoptive parents;

22         (e)  Documentation of counseling and education of the

23  intended adoptive parents on adoptive parenting;

24         (f)  Documentation that information on adoption and the

25  adoption process has been provided to the intended adoptive

26  parents;

27         (g)  Documentation that information on support services

28  available in the community has been provided to the intended

29  adoptive parents; and

30         (h)  A copy of each signed acknowledgment of receipt of

31  disclosure required by s. 63.085.

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 1  

 2         If the preliminary home study is favorable, a minor may

 3  be placed in the home pending entry of the judgment of

 4  adoption.  A minor may not be placed in the home if the

 5  preliminary home study is unfavorable.  If the preliminary

 6  home study is unfavorable, the adoption entity may, within 20

 7  days after receipt of a copy of the written recommendation,

 8  petition the court to determine the suitability of the

 9  intended adoptive home.  A determination as to suitability

10  under this subsection does not act as a presumption of

11  suitability at the final hearing. In determining the

12  suitability of the intended adoptive home, the court must

13  consider the totality of the circumstances in the home. No

14  minor may be placed in a home in which there resides any

15  person determined by the court to be a sexual predator as

16  defined in s. 775.21 or to have been convicted of an offense

17  listed in s. 63.089(4)(b)2.

18         Section 21.  Subsections (2), (3), (5), and (6) of

19  section 63.097, Florida Statutes, are amended to read:

20         63.097  Fees.--

21         (2)  The following fees, costs, and expenses may be

22  assessed by the adoption entity or paid by the adoption entity

23  on behalf of the prospective adoptive parents:

24         (a)  Reasonable living expenses of the birth mother

25  which the birth mother is unable to pay due to unemployment,

26  underemployment, or disability due to the pregnancy which is

27  certified by a medical professional who has examined the birth

28  mother, or any other disability defined in s. 110.215.

29  Reasonable living expenses are rent, utilities, basic

30  telephone service, food, toiletries, necessary clothing,

31  transportation, insurance, and expenses found by the court to

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 1  be necessary for the health and well-being of the birth mother

 2  and the unborn child. Such expenses may be paid during the

 3  pregnancy and for a period of up to 6 weeks postpartum.

 4         (b)  Reasonable and necessary medical expenses. Such

 5  expenses may be paid during the pregnancy and for a period of

 6  up to 6 weeks postpartum.

 7         (c)  Expenses necessary to comply with the requirements

 8  of this chapter, including, but not limited to, service of

 9  process under s. 63.088, investigator fees, a diligent search

10  under s. 63.088, a preliminary home study under s. 63.092, and

11  a final home investigation under s. 63.125.

12         (d)  Court filing expenses, court costs, and other

13  litigation expenses and birth certificate and medical record

14  expenses.

15         (e)  Costs associated with advertising under s.

16  63.212(1)(g).

17         (f)  The following professional fees:

18         1.  A reasonable hourly fee or flat fee necessary to

19  provide legal representation to the adoptive parents or

20  adoption entity in a proceeding filed under this chapter.

21         2.  A reasonable hourly fee or flat fee for contact

22  with the parent related to the adoption. In determining a

23  reasonable hourly fee under this subparagraph, the court must

24  consider if the tasks done were clerical or of such a nature

25  that the matter could have been handled by support staff at a

26  lesser rate than the rate for legal representation charged

27  under subparagraph 1. Such tasks specifically do not include

28  obtaining a parent's signature on any document; Such tasks

29  include, but need not be limited to, transportation,

30  transmitting funds, arranging appointments, and securing

31  accommodations.

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 1         3.  A reasonable hourly fee for counseling services

 2  provided to a parent or a prospective adoptive parent by a

 3  psychologist licensed under chapter 490 or a clinical social

 4  worker, marriage and family therapist, or mental health

 5  counselor licensed under chapter 491, or a counselor who is

 6  employed by an adoption entity accredited by the Council on

 7  Accreditation of Services for Children and Families to provide

 8  pregnancy counseling and supportive services.

 9         (3)  Prior Approval of the court is not required until

10  the cumulative total of amounts permitted under subsection (2)

11  exceeds:

12         (a)  $5,000 $2,500 in legal or other fees;

13         (b)  $800 $500 in court costs; or

14         (c)  $5,000 $3,000 in reasonable and necessary living

15  and medical expenses; or

16         (d)  $1,500 cumulative expenses that are related to the

17  minor, the pregnancy, a parent, or adoption proceeding, which

18  expenses are incurred prior to the date the prospective

19  adoptive parent retains the adoption entity.

20         (5)  The following fees, costs, and expenses are

21  prohibited:

22         (a)  Any fee or expense that constitutes payment for

23  locating a minor for adoption.

24         (b)  Any lump-sum payment to the entity which is

25  nonrefundable directly to the payor or which is not itemized

26  and documented on the affidavit filed under s. 63.132.

27         (c)  Any fee on the affidavit which does not specify

28  the service that was provided and for which the fee is being

29  charged, such as a fee for facilitation, acquisition, or other

30  similar service, or which does not identify the date the

31  service was provided, the time required to provide the

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 1  service, the person or entity providing the service, and the

 2  hourly fee charged.

 3         (6)  Unless otherwise indicated in this section, when

 4  an adoption entity uses the services of a licensed

 5  child-placing agency, a professional, any other person or

 6  agency pursuant to s. 63.092, or, if necessary, the

 7  department, the person seeking to adopt the child must pay the

 8  licensed child-placing agency, professional, other person or

 9  agency, or the department an amount equal to the cost of all

10  services performed, including, but not limited to, the cost of

11  conducting the preliminary home study, counseling, and the

12  final home investigation.  The court, upon a finding that the

13  person seeking to adopt the child is financially unable to pay

14  that amount, may order that such person pay a lesser amount.

15         Section 22.  Section 63.102, Florida Statutes, is

16  amended to read:

17         63.102  Filing of petition for adoption or declaratory

18  statement; venue; proceeding for approval of fees and costs.--

19         (1)  PETITION FOR ADOPTION.--A petition for adoption

20  may not be filed until 30 days after the date of the entry of

21  the judgment terminating parental rights pending adoption

22  under this chapter, unless the adoptee is an adult, the

23  petitioner is a stepparent or a relative, or the minor has

24  been the subject of a judgment terminating parental rights

25  under chapter 39. After a judgment terminating parental rights

26  has been entered, a proceeding for adoption may be commenced

27  by filing a petition entitled, "In the Matter of the Adoption

28  of ____" in the circuit court.  The person to be adopted shall

29  be designated in the caption in the name by which he or she is

30  to be known if the petition is granted. Any name by which the

31  

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 1  minor was previously known may not be disclosed in the

 2  petition, the notice of hearing, or the judgment of adoption.

 3         (2)  VENUE.--A petition for adoption or for a

 4  declaratory statement as to the adoption contract shall be

 5  filed in the county where the petition for termination of

 6  parental rights was granted, unless the court, in accordance

 7  with s. 47.122, changes the venue to the county where the

 8  petitioner or petitioners or the minor resides or where the

 9  adoption entity with which the minor has been placed is

10  located. The circuit court in this state must retain

11  jurisdiction over the matter until a final judgment is entered

12  on the adoption. The Uniform Child Custody Jurisdiction Act

13  does not apply until a final judgment is entered on the

14  adoption.

15         (3)  FILING OF ADOPTION PETITION REQUIRED.--Unless

16  leave of court is granted for good cause shown, a petition for

17  adoption shall be filed not later than 60 days after entry of

18  the final judgment terminating parental rights. Except for

19  adoptions involving placement of a minor with a relative

20  within the third degree of consanguinity, a petition for

21  adoption in an adoption handled by an adoption entity shall be

22  filed within 60 working days after entry of the judgment

23  terminating parental rights.  If no petition is filed within

24  60 days, any interested party, including the state, may file

25  an action challenging the prospective adoptive parent's

26  physical custody of the minor.

27         (4)  CONFIDENTIALITY.--If the filing of the petition

28  for adoption or for a declaratory statement as to the adoption

29  contract in the county where the petitioner or minor resides

30  would tend to endanger the privacy of the petitioner or minor,

31  the petition for adoption may be filed in a different county,

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 1  provided the substantive rights of any person will not thereby

 2  be affected.

 3         (5)  PRIOR APPROVAL OF FEES AND COSTS.--A proceeding

 4  for prior approval of fees and costs may be commenced any time

 5  after an agreement is reached between the birth mother and the

 6  adoptive parents by filing a petition for declaratory

 7  statement on the agreement entitled "In the Matter of the

 8  Proposed Adoption of a Minor Child" in the circuit court.

 9         (a)  The petition must be filed jointly by the adoption

10  entity with the consent of the parties to and each person who

11  enters into the agreement.

12         (b)  A contract for the payment of fees, costs, and

13  expenses permitted under this chapter must be in writing, and

14  any person who enters into the contract has 3 business days in

15  which to cancel the contract unless placement of the child has

16  occurred. To cancel the contract, the person must notify the

17  adoption entity in writing by certified United States mail,

18  return receipt requested, no later than 3 business days after

19  signing the contract. For the purposes of this subsection, the

20  term "business day" means a day on which the United States

21  Postal Service accepts certified mail for delivery. If the

22  contract is canceled within the first 3 business days, the

23  person who cancels the contract does not owe any legal,

24  intermediary, or other fees, but may be responsible for the

25  adoption entity's actual costs during that time.

26         (c)  The court may grant prior approval only of fees

27  and expenses permitted under s. 63.097. A prior approval of

28  prospective fees and costs shall does not create a presumption

29  that these items will subsequently be approved by the court

30  under s. 63.132. The court, under s. 63.132, may order an

31  adoption entity to refund any amounts amount paid under this

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 1  subsection that are is subsequently found by the court to be

 2  greater than fees, costs, and expenses actually incurred.

 3         (d)  The contract may not require, and the court may

 4  not approve, any lump-sum payment to the entity which is

 5  nonrefundable to the payor or any amount that constitutes

 6  payment for locating a minor for adoption.

 7         (e)  A declaratory statement as to the adoption

 8  contract, regardless of when filed, shall be consolidated with

 9  any related petition for adoption. The clerk of the court

10  shall only assess one filing fee that includes the adoption

11  action, the declaratory statement petition, and the petition

12  for termination of parental rights. When a petition for a

13  declaratory statement as to the adoption contract is filed

14  prior to the commencement of proceedings to terminate parental

15  rights, it must be filed in accordance with the venue

16  requirements for the filing of the petition terminating

17  parental rights under s. 63.087. Pursuant to s. 63.087, a

18  previously filed petition for a declaratory statement filed

19  under this section must be consolidated with a related

20  subsequently filed petition for termination of parental

21  rights. If the petition for declaratory statement is filed

22  after the judgment terminating parental rights has been

23  entered, the action for declaratory statement must be

24  consolidated with any related petition for adoption. Only one

25  filing fee may be assessed for both the adoption and

26  declaratory statement petitions.

27         (f)  Prior approval of fees and costs by the court does

28  not obligate the parent to ultimately relinquish the minor for

29  adoption.

30         (6)  STEPCHILD, RELATIVE, AND ADULT

31  ADOPTIONS.--Petitions for the adoption of a stepchild, a

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 1  relative, or an adult shall not require the filing of a

 2  separate judgment or separate proceeding terminating parental

 3  rights pending adoption. The final judgment of adoption shall

 4  have the effect of terminating parental rights simultaneously

 5  with the granting of the decree of adoption.

 6         Section 23.  Section 63.112, Florida Statutes, is

 7  amended to read:

 8         63.112  Petition for adoption; description; report or

 9  recommendation, exceptions; mailing.--

10         (1)  A sufficient number of copies of The petition for

11  adoption shall be signed and verified by the petitioner and

12  filed with the clerk of the court so that service may be made

13  under subsection (4) and shall state:

14         (a)  The date and place of birth of the person to be

15  adopted, if known;

16         (b)  The name to be given to the person to be adopted;

17         (c)  The date petitioner acquired custody of the minor

18  and the name of the adoption entity person placing the minor,

19  if any;

20         (d)  The full name, age, and place and duration of

21  residence of the petitioner;

22         (e)  The marital status of the petitioner, including

23  the date and place of marriage, if married, and divorces, if

24  applicable to the adoption by a stepparent any;

25         (f)  A statement that the petitioner is able to provide

26  for the material needs of the child The facilities and

27  resources of the petitioner, including those under a subsidy

28  agreement, available to provide for the care of the minor to

29  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 or, if the adoptee is an adult or

 3  a minor relative or a stepchild of the petitioner, the

 4  address, if known, of any person whose consent to the adoption

 5  is required and, if such person has not consented, the facts

 6  or circumstances that excuse the lack of consent to justify a

 7  termination of parental rights; and

 8         (i)  The reasons why the petitioner desires to adopt

 9  the person.

10         (2)  The following documents are required to be filed

11  with the clerk of the court at the time the petition is filed:

12         (a)  A certified copy of the court judgment terminating

13  parental rights under chapter 39 or under this chapter or, if

14  the adoptee is an adult or a minor relative or stepchild of

15  the petitioner, the required consent, unless such consent is

16  excused by the court.

17         (b)  The favorable preliminary home study of the

18  department, licensed child-placing agency, or professional

19  pursuant to s. 63.092, as to the suitability of the home in

20  which the minor has been placed, unless the petitioner is a

21  stepparent or a relative.

22         (c)  A copy of any declaratory statement previously

23  entered by the court pursuant to s. 63.102.

24         (d)  The surrender document must include Documentation

25  that an interview was held with the minor, if older than 12

26  years of age, unless the court, in the best interest of the

27  minor, dispenses with the minor's consent under s.

28  63.062(1)(c)(g) .

29         (3)  Unless ordered by the court, no report or

30  recommendation is required when the placement is a stepparent

31  adoption or an adult adoption or when the minor is a relative

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 1  of related to one of the adoptive parents within the third

 2  degree.

 3         (4)  The clerk of the court shall mail a copy of the

 4  petition within 24 hours after filing, and execute a

 5  certificate of mailing, to the adoption entity placing the

 6  minor, if any.

 7         Section 24.  Section 63.122, Florida Statutes, is

 8  amended to read:

 9         63.122  Notice of hearing on petition.--

10         (1)  After the petition to adopt a minor is filed, the

11  court must establish a time and place for hearing the

12  petition. The hearing on the petition to adopt a minor may not

13  be held sooner than 30 days after the date the judgment

14  terminating parental rights was entered or sooner than 90 days

15  after the date the minor was placed in the physical custody of

16  the petitioner, unless good cause is shown for a shortening of

17  these time periods.  The minor must remain under the

18  supervision of the adoption entity until the adoption becomes

19  final.  When the adoptee is an adult, the hearing may be held

20  immediately after the filing of the petition. If the

21  petitioner is a stepparent or a relative of the adoptee spouse

22  of the birth parent, the hearing may be held immediately after

23  the filing of the petition if all persons whose consent is

24  required have executed a valid consent and the consent has

25  been filed with the court.

26         (2)  Notice of hearing must be given as prescribed by

27  the Florida Rules of Civil Procedure, and service of process

28  must be made as specified by law for civil actions.

29         (3)  Upon a showing by the petitioner that the safety

30  and welfare privacy of the petitioner or minor may be

31  endangered, the court may order the names of the petitioner or

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 1  minor, or both, to be deleted from the notice of hearing and

 2  from the copy of the petition attached thereto, provided the

 3  substantive rights 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         (5)  After filing the petition to adopt an adult, a

 7  notice of the time and place of the hearing must be given to

 8  any person whose consent to the adoption is required but who

 9  has not consented. the court may order an appropriate

10  investigation to assist in determining whether the adoption is

11  in the best interest of the persons involved and is in

12  accordance with state law.

13         Section 25.  Subsection (2) of section 63.125, Florida

14  Statutes, is amended to read:

15         63.125  Final home investigation.--

16         (2)  The department, the licensed child-placing agency,

17  or the professional that performs the investigation must file

18  a written report of the investigation with the court and the

19  petitioner within 90 days after placement the date the

20  petition is filed.

21         Section 26.  Subsections (1) and (4) of section 63.132,

22  Florida Statutes, are amended to read:

23         63.132  Affidavit of expenses and receipts.--

24         (1)  At least 10 days Before the hearing on the

25  petition for adoption, the prospective adoptive parent and any

26  adoption entity must file two copies of an affidavit under

27  this section.

28         (a)  The affidavit must be signed by the adoption

29  entity and the prospective adoptive parents. A copy of the

30  affidavit must be provided to the adoptive parents at the time

31  the affidavit is executed.

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 1         (b)  The affidavit must itemize all disbursements and

 2  receipts of anything of value, including professional and

 3  legal fees, made or agreed to be made by or on behalf of the

 4  prospective adoptive parent and any adoption entity in

 5  connection with the adoption or in connection with any prior

 6  proceeding to terminate parental rights which involved the

 7  minor who is the subject of the petition for adoption. The

 8  affidavit must also include, for each legal or counseling fee

 9  itemized, the service provided for which the fee is being

10  charged, the date the service was provided, the time required

11  to provide the service if the service was charged by the hour,

12  the person or entity that provided the service, and the hourly

13  fee charged.

14         (c)  The clerk of the court shall forward a copy of the

15  affidavit to the department.

16         (c)(d)  The affidavit must show any expenses or

17  receipts incurred in connection with:

18         1.  The birth of the minor.

19         2.  The placement of the minor with the petitioner.

20         3.  The medical or hospital care received by the mother

21  or by the minor during the mother's prenatal care and

22  confinement.

23         4.  The living expenses of the birth mother. The living

24  expenses must be itemized documented in detail to apprise the

25  court of the exact expenses incurred.

26         5.  The services relating to the adoption or to the

27  placement of the minor for adoption that were received by or

28  on behalf of the petitioner, the adoption entity, either

29  parent, the minor, or any other person.

30  

31  

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 1         The affidavit must state whether any of these expenses

 2  were paid for by collateral sources, including, but not

 3  limited to, health insurance, Medicaid, Medicare, or public

 4  assistance.

 5         (4)  This section does not apply to an adoption by a

 6  stepparent or an adoption of a relative or adult whose spouse

 7  is a parent of the child.

 8         Section 27.  Subsection (1) of section 63.135, Florida

 9  Statutes, is amended to read:

10         63.135  Information under oath to be submitted to the

11  court.--

12         (1)  Each party in an adoption proceeding involving a

13  child over the age of 6 months, in the first pleading or in an

14  affidavit attached to that pleading, shall give information

15  under oath as to the child's present address, the places where

16  the child has lived within the last 5 years, and the names and

17  present addresses of the persons with whom the child has lived

18  during that period.  In the pleading or affidavit each party

19  shall further declare under oath whether:

20         (a)  The party has participated as a party or witness

21  or in any other capacity in any other litigation concerning

22  the custody of the same child in this or any other state;

23         (b)  The party has information of any custody

24  proceeding concerning the child pending in a court of this or

25  any other state; and

26         (c)  The party knows of any person not a party to the

27  proceedings who has physical custody of the child or claims to

28  have custody or visitation rights with respect to the child.

29         Section 28.  Subsections (1) and (4) of section 63.142,

30  Florida Statutes, are amended to read:

31         63.142  Hearing; judgment of adoption.--

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 1         (1)  APPEARANCE.--The petitioner and the person to be

 2  adopted shall appear either in person or, with the permission

 3  of the court, telephonically before a person authorized to

 4  administer an oath at the hearing on the petition for

 5  adoption, unless:

 6         (a)  The person is a minor under 12 years of age; or

 7         (b)  The appearance presence of either is excused by

 8  the court for good cause.

 9         (4)  JUDGMENT.--At the conclusion of the hearing, after

10  the court determines that the date for a parent to file an

11  appeal of a valid judgment terminating that parent's parental

12  rights has passed and no appeal, pursuant to the Florida Rules

13  of Appellate Procedure, is pending and that the adoption is in

14  the best interest of the person to be adopted, a judgment of

15  adoption shall be entered.

16         (a)  A judgment terminating parental rights pending

17  adoption is voidable and any later judgment of adoption of

18  that minor is voidable if, upon a parent' s motion for relief

19  from judgment to set aside of a parent, the court finds that

20  the adoption fails to meet the requirements of this chapter

21  any person knowingly gave false information that prevented the

22  parent from timely making known his or her desire to assume

23  parental responsibilities toward the minor or meeting the

24  requirements under this chapter to exercise his or her

25  parental rights. A motion under this paragraph must be filed

26  with the court that entered the original judgment. The motion

27  must be filed within a reasonable time, but not later than 1

28  year 2 years after the date the judgment terminating parental

29  rights was entered.

30         (b)  Except upon good cause shown, no later than 30

31  days after the filing of a motion under this subsection, the

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 1  court must conduct a preliminary hearing to determine what

 2  contact, if any, shall be permitted between a parent and the

 3  child pending resolution of the motion. Such contact shall be

 4  considered only if it is requested by a parent who has

 5  appeared at the hearing. If the court orders contact between a

 6  parent and child, the order must be issued in writing as

 7  expeditiously as possible and must state with specificity any

 8  provisions regarding contact with persons other than those

 9  with whom the child resides.

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

11  motion of any party or its own motion, may order scientific

12  testing to determine the paternity of the minor if the person

13  seeking to set aside the judgment is alleging to be the

14  child's father and that fact has not previously been

15  determined by legitimacy or scientific testing. The court may

16  order supervised visitation with a person for whom scientific

17  testing for paternity has been ordered. Such visitation shall

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

19  court and such results establishing that person' s paternity

20  of the minor.

21         (d)  Except upon good cause shown, no later than 45

22  days after the preliminary hearing, the court must conduct a

23  final hearing on the motion to set aside the judgment and

24  issue its written order as expeditiously as possible

25  thereafter.

26         Section 29.  Section 63.152, Florida Statutes, is

27  amended to read:

28         63.152  Application for new birth record.--Within 30

29  days after entry of a judgment of adoption, the clerk of the

30  court, and in agency adoptions, any child-placing agency

31  licensed by the department, shall transmit prepare a certified

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 1  statement of the entry to for the state registrar of vital

 2  statistics on a form provided by the registrar.  A new birth

 3  record containing the necessary information supplied by the

 4  certificate shall be issued by the registrar on application of

 5  the adopting parents or the adopted person.

 6         Section 30.  Subsection (2) of section 63.162, Florida

 7  Statutes, is amended to read:

 8         63.162  Hearings and records in adoption proceedings;

 9  confidential nature.--

10         (2)  All papers and records pertaining to the adoption,

11  including the original birth certificate, whether part of the

12  permanent record of the court or a file in the office of an

13  adoption entity are confidential and subject to inspection

14  only upon order of the court; however, the petitioner in any

15  proceeding for adoption under this chapter may, at the option

16  of the petitioner, make public the reasons for a denial of the

17  petition for adoption. The order must specify which portion of

18  the records are subject to inspection, and it may exclude the

19  name and identifying information concerning the parent or

20  adoptee. Papers and records of the department, a court, or any

21  other governmental agency, which papers and records relate to

22  adoptions, are exempt from s. 119.07(1).  In the case of an

23  adoption not handled by the department or a child-placing

24  agency licensed by the department a nonagency adoption , the

25  department must be given notice of hearing and be permitted to

26  present to the court a report on the advisability of

27  disclosing or not disclosing information pertaining to the

28  adoption.  In the case of an agency adoption, the licensed

29  child-placing agency must be given notice of hearing and be

30  permitted to present to the court a report on the advisability

31  of disclosing or not disclosing information pertaining to the

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 1  adoption.  This subsection does not prohibit the department

 2  from inspecting and copying any official record pertaining to

 3  the adoption that is maintained by the department or from

 4  inspecting and copying any of the official records maintained

 5  by an agency licensed by the department and does not prohibit

 6  an agency from inspecting and copying any official record

 7  pertaining to the adoption that is maintained by that agency.

 8         Section 31.  Subsection (1) of section 63.167, Florida

 9  Statutes, is amended to read:

10         63.167  State adoption information center.--

11         (1)  The department shall establish a state adoption

12  information center for the purpose of increasing public

13  knowledge about adoption and promoting to adolescents and

14  pregnant women the availability of adoption services.  The

15  department shall contract with one or more a licensed

16  child-placing agencies agency to operate the state adoption

17  information center.

18         Section 32.  Section 63.182, Florida Statutes, is

19  amended to read:

20         63.182  Statute of repose.--Notwithstanding s. 95.031

21  or s. 95.11 or any other statute,:

22         (1)  an action or proceeding of any kind to vacate, set

23  aside, or otherwise nullify a judgment of adoption or an

24  underlying judgment terminating parental rights on any ground

25  may not, including duress but excluding fraud, shall in no

26  event be filed more than 1 year after entry of the judgment

27  terminating parental rights.

28         (2)  An action or proceeding of any kind to vacate, set

29  aside, or otherwise nullify a judgment of adoption or an

30  underlying judgment terminating parental rights on grounds of

31  

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 1  fraud shall in no event be filed more than 2 years after entry

 2  of the judgment terminating parental rights.

 3         Section 33.  Section 63.185, Florida Statutes, is

 4  repealed.

 5         Section 34.  Subsection (1) of section 63.207, Florida

 6  Statutes, is amended to read:

 7         63.207  Out-of-state placement.--

 8         (1)  Unless the parent placing a minor for adoption

 9  files an affidavit that the parent chooses to place the minor

10  outside the state, giving the reason for that placement, or

11  the minor is to be placed with a relative within the third

12  degree or with a stepparent, or the minor is a special needs

13  child, as defined in s. 409.166, or for other good cause

14  shown, an adoption entity may not:

15         (a)  Take or send a minor out of the state for the

16  purpose of placement for adoption; or

17         (b)  Place or attempt to place a minor for the purpose

18  of adoption with a family who primarily lives and works

19  outside Florida in another state. If an adoption entity is

20  acting under this subsection, the adoption entity must file a

21  petition for declaratory statement pursuant to s. 63.102 for

22  prior approval of fees and costs. The court shall review the

23  costs pursuant to s. 63.097. The petition for declaratory

24  statement must be converted to a petition for an adoption upon

25  placement of the minor in the home. When a minor is placed for

26  adoption with prospective adoptive parents who primarily live

27  and work outside this state, the circuit court in this state

28  may must retain jurisdiction over the matter until the

29  adoption becomes final. The prospective adoptive parents may

30  finalize the adoption in this state must come to this state to

31  have the adoption finalized. Violation of the order subjects

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 1  the adoption entity to contempt of court and to the penalties

 2  provided in s. 63.212.

 3         Section 35.  Subsections (1), (4), (7), and (8) of

 4  section 63.212, Florida Statutes, are amended to read:

 5         63.212  Prohibited acts; penalties for violation;

 6  preplanned adoption agreement.--

 7         (1)  It is unlawful for any person:

 8         (a)  To place or attempt to place a minor for adoption

 9  with a person who primarily lives and works outside this state

10  unless all of the requirements of the Interstate Compact for

11  the Placement of Children, when applicable, have been met

12  unless the minor is placed with a relative within the third

13  degree or with a stepparent. This requirement does not apply

14  if the minor is placed by an adoption entity in accordance

15  with s. 63.207.

16         (b)  Except an adoption entity, to place or attempt to

17  place within the state a minor for adoption unless the minor

18  is placed with a relative within the third degree or with a

19  stepparent.  This prohibition, however, does not apply to a

20  person who is placing or attempting to place a minor for the

21  purpose of adoption with the adoption entity.

22         (c)  To sell or surrender, or to arrange for the sale

23  or surrender of, a minor to another person for money or

24  anything of value or to receive such minor child for such

25  payment or thing of value.  If a minor is being adopted by a

26  relative within the third degree or by a stepparent, or is

27  being adopted through an adoption entity, this paragraph does

28  not prohibit the person who is contemplating adopting the

29  child from paying, under ss. 63.097 and 63.132, the actual

30  prenatal care and living expenses of the mother of the child

31  to be adopted, or from paying, under ss. 63.097 and 63.132,

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 1  the actual living and medical expenses of such mother for a

 2  reasonable time, not to exceed 6 weeks, if medical needs

 3  require such support, after the birth of the minor.

 4         (d)  Having the rights and duties of a parent with

 5  respect to the care and custody of a minor to assign or

 6  transfer such parental rights for the purpose of, incidental

 7  to, or otherwise connected with, selling or offering to sell

 8  such rights and duties.

 9         (e)  To assist in the commission of any act prohibited

10  in paragraphs(a)-(d). In the case of a stepparent adoption,

11  this paragraph does not preclude the forgiveness of vested

12  child support arrearages owed by a parent.

13         (f)  Except an adoption entity, to charge or accept any

14  fee or compensation of any nature from anyone for making a

15  referral in connection with an adoption.

16         (g)  Except an adoption entity, to advertise or offer

17  to the public, in any way, by any medium whatever that a minor

18  is available for adoption or that a minor is sought for

19  adoption; and, further, it is unlawful for any person to

20  publish or broadcast any such advertisement without including

21  a Florida license number of the agency or attorney placing the

22  advertisement.

23         (h)  To contract for the purchase, sale, or transfer of

24  custody or parental rights in connection with any child, in

25  connection with any fetus yet unborn, or in connection with

26  any fetus identified in any way but not yet conceived, in

27  return for any valuable consideration.  Any such contract is

28  void and unenforceable as against the public policy of this

29  state.  However, fees, costs, and other incidental payments

30  made in accordance with statutory provisions for adoption,

31  foster care, and child welfare are permitted, and a person may

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 1  agree to pay expenses in connection with a preplanned adoption

 2  agreement as specified below, but the payment of such expenses

 3  may not be conditioned upon the transfer of parental

 4  rights.  Each petition for adoption which is filed in

 5  connection with a preplanned adoption agreement must clearly

 6  identify the adoption as a preplanned adoption arrangement and

 7  must include a copy of the preplanned adoption agreement for

 8  review by the court.

 9         1.  Individuals may enter into a preplanned adoption

10  arrangement as specified herein, but such arrangement shall

11  not in any way:

12         a.  Effect final transfer of custody of a child or

13  final adoption of a child, without review and approval of the

14  department and the court, and without compliance with other

15  applicable provisions of law.

16         b.  Constitute consent of a mother to place her child

17  for adoption until 7 days following birth, and unless the

18  court making the custody determination or approving the

19  adoption determines that the mother was aware of her right to

20  rescind within the 7-day period following birth but chose not

21  to rescind such consent.

22         2.  A preplanned adoption arrangement shall be based

23  upon a preplanned adoption agreement that must include, but

24  need not be limited to, the following terms:

25         a.  That the volunteer mother agrees to become pregnant

26  by the fertility technique specified in the agreement, to bear

27  the child, and to terminate any parental rights and

28  responsibilities to the child she might have through a written

29  consent executed at the same time as the preplanned adoption

30  agreement, subject to a right of rescission by the volunteer

31  mother any time within 7 days after the birth of the child.

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 1         b.  That the volunteer mother agrees to submit to

 2  reasonable medical evaluation and treatment and to adhere to

 3  reasonable medical instructions about her prenatal health.

 4         c.  That the volunteer mother acknowledges that she is

 5  aware that she will assume parental rights and

 6  responsibilities for the child born to her as otherwise

 7  provided by law for a mother, if the intended father and

 8  intended mother terminate the agreement before final transfer

 9  of custody is completed, or if a court determines that a

10  parent clearly specified by the preplanned adoption agreement

11  to be the biological parent is not the biological parent, or

12  if the preplanned adoption is not approved by the court

13  pursuant to the Florida Adoption Act.

14         d.  That an intended father who is also the biological

15  father acknowledges that he is aware that he will assume

16  parental rights and responsibilities for the child as

17  otherwise provided by law for a father, if the agreement is

18  terminated for any reason by any party before final transfer

19  of custody is completed or if the planned adoption is not

20  approved by the court pursuant to the Florida Adoption Act.

21         e.  That the intended father and intended mother

22  acknowledge that they may not receive custody or the parental

23  rights under the agreement if the volunteer mother terminates

24  the agreement or if the volunteer mother rescinds her consent

25  to place her child for adoption within 7 days after birth.

26         f.  That the intended father and intended mother may

27  agree to pay all reasonable legal, medical, psychological, or

28  psychiatric expenses of the volunteer mother related to the

29  preplanned adoption arrangement, and may agree to pay the

30  reasonable living expenses of the volunteer mother.  No other

31  

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 1  compensation, whether in cash or in kind, shall be made

 2  pursuant to a preplanned adoption arrangement.

 3         g.  That the intended father and intended mother agree

 4  to accept custody of and to assert full parental rights and

 5  responsibilities for the child immediately upon the child's

 6  birth, regardless of any impairment to the child.

 7         h.  That the intended father and intended mother shall

 8  have the right to specify the blood and tissue typing tests to

 9  be performed if the agreement specifies that at least one of

10  them is intended to be the biological parent of the child.

11         i.  That the agreement may be terminated at any time by

12  any of the parties.

13         3.  A preplanned adoption agreement shall not contain

14  any provision:

15         a.  To reduce any amount paid to the volunteer mother

16  if the child is stillborn or is born alive but impaired, or to

17  provide for the payment of a supplement or bonus for any

18  reason.

19         b.  Requiring the termination of the volunteer mother's

20  pregnancy.

21         4.  An attorney who represents an intended father and

22  intended mother or any other attorney with whom that attorney

23  is associated shall not represent simultaneously a female who

24  is or proposes to be a volunteer mother in any matter relating

25  to a preplanned adoption agreement or preplanned adoption

26  arrangement.

27         5.  Payment to agents, finders, and intermediaries,

28  including attorneys and physicians, as a finder's fee for

29  finding volunteer mothers or matching a volunteer mother and

30  intended father and intended mother is prohibited. Doctors,

31  psychologists, attorneys, and other professionals may receive

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 1  reasonable compensation for their professional services, such

 2  as providing medical services and procedures, legal advice in

 3  structuring and negotiating a preplanned adoption agreement,

 4  or counseling.

 5         6.  As used in this paragraph, the term:

 6         a.  "Blood and tissue typing tests" include, but are

 7  not limited to, tests of red cell antigens, red cell

 8  isoenzymes, human leukocyte antigens, and serum proteins.

 9         b.  "Child" means the child or children conceived by

10  means of an insemination that is part of a preplanned adoption

11  arrangement.

12         c.  "Fertility technique" means artificial

13  embryonation, artificial insemination, whether in vivo or in

14  vitro, egg donation, or embryo adoption.

15         d.  "Intended father" means a male who, as evidenced by

16  a preplanned adoption agreement, intends to have the parental

17  rights and responsibilities for a child conceived through a

18  fertility technique, regardless of whether the child is

19  biologically related to the male.

20         e.  "Intended mother" means a female who, as evidenced

21  by a preplanned adoption agreement, intends to have the

22  parental rights and responsibilities for a child conceived

23  through a fertility technique, regardless of whether the child

24  is biologically related to the female.

25         f.  "Parties" means the intended father and intended

26  mother, the volunteer mother and her husband, if she has a

27  husband, who are all parties to the preplanned adoption

28  agreement.

29         g.  "Preplanned adoption agreement" means a written

30  agreement among the parties that specifies the intent of the

31  parties as to their rights and responsibilities in the

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 1  preplanned adoption arrangement, consistent with the

 2  provisions of this act.

 3         h.  "Preplanned adoption arrangement" means the

 4  arrangement through which the parties enter into an agreement

 5  for the volunteer mother to bear the child, for payment by the

 6  intended father and intended mother of the expenses allowed by

 7  this act, for the intended father and intended mother to

 8  assert full parental rights and responsibilities to the child

 9  if consent to adoption is not rescinded after birth by the

10  volunteer mother, and for the volunteer mother to terminate,

11  subject to a right of rescission, in favor of the intended

12  father and intended mother all her parental rights and

13  responsibilities to the child.

14         i.  "Volunteer mother" means a female person at least

15  18 years of age who voluntarily agrees, subject to a right of

16  rescission, that if she should become pregnant pursuant to a

17  preplanned adoption arrangement, she will terminate in favor

18  of the intended father and intended mother her parental rights

19  and responsibilities to the child.

20         (4)  It is unlawful for any adoption entity to fail to

21  report to the court, within a reasonable time period prior to

22  placement, the intended placement of a minor for purposes of

23  adoption with any person not a stepparent or a relative within

24  the third degree, if the adoption entity participates in such

25  intended placement.

26         (7)  It is unlawful for any adoption entity to obtain a

27  preliminary home study or final home investigation and fail to

28  disclose the existence of the study or investigation to the

29  court when required by law to do so.

30         (8)  Unless otherwise indicated, a person who willfully

31  and with criminal intent violates any provision of this

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 1  section, excluding paragraph (1)(g), commits a felony of the

 2  third degree, punishable as provided in s. 775.082, s.

 3  775.083, or s. 775.084. A person who willfully and with

 4  criminal intent violates paragraph (1)(g) commits a

 5  misdemeanor of the second degree, punishable as provided in s.

 6  775.083; and each day of continuing violation shall be

 7  considered a separate offense.

 8         Section 36.  Section 63.213, Florida Statutes, is

 9  created to read:

10         63.213  Preplanned adoption agreement.--

11         (1)  Individuals may enter into a preplanned adoption

12  arrangement as specified in this section, but such arrangement

13  may not in any way:

14         (a)  Effect final transfer of custody of a child or

15  final adoption of a child without review and approval of the

16  court and without compliance with other applicable provisions

17  of law.

18         (b)  Constitute consent of a mother to place her child

19  for adoption until 48 hours following birth and unless the

20  court making the custody determination or approving the

21  adoption determines that the mother was aware of her right to

22  rescind within the 48-hour period following birth but chose

23  not to rescind such consent.

24         (2)  A preplanned adoption agreement must include, but

25  need not be limited to, the following terms:

26         (a)  That the volunteer mother agrees to become

27  pregnant by the fertility technique specified in the

28  agreement, to bear the child, and to terminate any parental

29  rights and responsibilities to the child she might have

30  through a written consent executed at the same time as the

31  preplanned adoption agreement, subject to a right of

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 1  rescission by the volunteer mother any time within 48 hours

 2  after the birth of the child.

 3         (b)  That the volunteer mother agrees to submit to

 4  reasonable medical evaluation and treatment and to adhere to

 5  reasonable medical instructions about her prenatal health.

 6         (c)  That the volunteer mother acknowledges that she is

 7  aware that she will assume parental rights and

 8  responsibilities for the child born to her as otherwise

 9  provided by law for a mother if the intended father and

10  intended mother terminate the agreement before final transfer

11  of custody is completed, if a court determines that a parent

12  clearly specified by the preplanned adoption agreement to be

13  the biological parent is not the biological parent, or if the

14  preplanned adoption is not approved by the court pursuant to

15  the Florida Adoption Act.

16         (d)  That an intended father who is also the biological

17  father acknowledges that he is aware that he will assume

18  parental rights and responsibilities for the child as

19  otherwise provided by law for a father if the agreement is

20  terminated for any reason by any party before final transfer

21  of custody is completed or if the planned adoption is not

22  approved by the court pursuant to the Florida Adoption Act.

23         (e)  That the intended father and intended mother

24  acknowledge that they may not receive custody or the parental

25  rights under the agreement if the volunteer mother terminates

26  the agreement or if the volunteer mother rescinds her consent

27  to place her child for adoption within 48 hours after birth.

28         (f)  That the intended father and intended mother may

29  agree to pay all reasonable legal, medical, psychological, or

30  psychiatric expenses of the volunteer mother related to the

31  preplanned adoption arrangement and may agree to pay the

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 1  reasonable living expenses and wages lost due to the pregnancy

 2  and birth of the volunteer mother and reasonable compensation

 3  for inconvenience, discomfort, and medical risk.  No other

 4  compensation, whether in cash or in kind, shall be made

 5  pursuant to a preplanned adoption arrangement.

 6         (g)  That the intended father and intended mother agree

 7  to accept custody of and to assert full parental rights and

 8  responsibilities for the child immediately upon the child's

 9  birth, regardless of any impairment to the child.

10         (h)  That the intended father and intended mother shall

11  have the right to specify the blood and tissue typing tests to

12  be performed if the agreement specifies that at least one of

13  them is intended to be the biological parent of the child.

14         (i)  That the agreement may be terminated at any time

15  by any of the parties.

16         (3)  A preplanned adoption agreement shall not contain

17  any provision:

18         (a)  To reduce any amount paid to the volunteer mother

19  if the child is stillborn or is born alive but impaired, or to

20  provide for the payment of a supplement or bonus for any

21  reason.

22         (b)  Requiring the termination of the volunteer

23  mother's pregnancy.

24         (4)  An attorney who represents an intended father and

25         intended mother or any other attorney with whom that

26  attorney is associated shall not represent simultaneously a

27  female who is or proposes to be a volunteer mother in any

28  matter relating to a preplanned adoption agreement or

29  preplanned adoption arrangement.

30         (5)  Payment to agents, finders, and intermediaries,

31  including attorneys and physicians, as a finder's fee for

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 1  finding volunteer mothers or matching a volunteer mother and

 2  intended father and intended mother is prohibited. Doctors,

 3  psychologists, attorneys, and other professionals may receive

 4  reasonable compensation for their professional services, such

 5  as providing medical services and procedures, legal advice in

 6  structuring and negotiating a preplanned adoption agreement,

 7  or counseling.

 8         (6)  As used in this section, the term:

 9         (a)  "Blood and tissue typing tests" include, but are

10  not limited to, tests of red cell antigens, red cell

11  isoenzymes, human leukocyte antigens, and serum proteins.

12         (b)  "Child" means the child or children conceived by

13  means of an insemination that is part of a preplanned adoption

14  arrangement.

15         (c)  "Fertility technique" means artificial

16  embryonation, artificial insemination, whether in vivo or in

17  vitro, egg donation, or embryo adoption.

18         (d)  "Intended father" means a male who, as evidenced

19  by a preplanned adoption agreement, intends to assert the

20  parental rights and responsibilities for a child conceived

21  through a fertility technique, regardless of whether the child

22  is biologically related to the male.

23         (e)  "Intended mother" means a female who, as evidenced

24  by a preplanned adoption agreement, intends to assert the

25  parental rights and responsibilities for a child conceived

26  through a fertility technique, regardless of whether the child

27  is biologically related to the female.

28         (f)  "Party" means the intended father, the intended

29  mother, the volunteer mother, or the volunteer

30  mother's  husband, if she has a husband.

31  

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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 section.

 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 section, 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, all her parental rights and

15  responsibilities to the child in favor of the intended father

16  and intended mother.

17         (i)  "Volunteer mother" means a female 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 her

21  parental rights and responsibilities to the child in favor of

22  the intended father and intended mother.

23         Section 37.  Section 63.219, Florida Statutes, is

24  amended to read:

25         63.219  Sanctions.--Upon a finding by the court that an

26  adoption entity has willfully violated any substantive

27  provision of this chapter relative to the rights of the

28  parties to the adoption and legality of the adoption process,

29  the court is authorized to prohibit the adoption entity from

30  placing a minor for adoption in the future in this state.

31  

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 1         Section 38.  Section 63.235, Florida Statutes, is

 2  amended to read:

 3         63.235  Petitions filed before October 1, 2003 2001;

 4  governing law.--Any petition for adoption filed before October

 5  1, 2003 2001, shall be governed by the law in effect at the

 6  time the petition was filed.

 7         Section 39.  This act shall take effect October 1,

 8  2003.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 2456

12                                 

13  -Revises a legislative finding to state that both the birth
    mother and birth father have a right of privacy.
14  
    -Adds a category of legal fathers whose consents to adoption
15  are required to include those fathers whose names appear on a
    birth certificate subsequent to the joint execution by the
16  birth mother and the father of an affidavit of paternity which
    is filed in accordance with chapter 382, F.S.
17  
    -Removes provisions relating to confidentiality and exemption
18  from public disclosure of public records as to information
    contained in the Putative Father Registry and exceptions
19  thereto.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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