HB 0835 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to adoption; amending s. 63.022, F.S.;
12	providing legislative findings and intent with respect to
13	the rights and responsibilities of adoptive children,
14	biological parents, and adoptive parents; providing that
15	certain requirements do not apply to an adoption involving
16	a relative or stepchild; providing legislative intent
17	concerning cooperation between the Department of Children
18	and Family Services and private adoption entities;
19	amending s. 63.032, F.S.; revising definitions; defining
20	the terms "unmarried biological father" and "adoption
21	plan"; amending s. 63.039, F.S.; providing for an award of
22	certain fees and costs in the event of fraud or duress at
23	the discretion of the court; requiring that certain court
24	findings of sanctionable conduct be forwarded to the
25	Office of the Attorney General; amending s. 63.042, F.S.;
26	revising provisions specifying who may adopt; amending s.
27	63.0423, F.S.; revising references to newborn infants;
28	authorizing a child-placing agency to remove an abandoned
29	infant from a placement under certain circumstances;
30	revising requirements for conducting a diligent search to
31	identify a parent of an abandoned infant; revising certain
32	requirements for the court; revising time periods for
33	providing notice of certain actions; revising the period
34	within which a judgment of termination of parental rights
35	may be voided; amending s. 63.0425, F.S.; revising
36	requirements for notifying a grandparent with whom the
37	child has resided of a hearing on a petition for
38	termination of parental rights; deleting a requirement
39	that the court give first priority for adoption to the
40	grandparent under certain conditions; amending s. 63.0427,
41	F.S.; revising provisions governing a minor's right to
42	communicate with siblings and other relatives; providing
43	for postadoption communication or contact with parents
44	whose parental rights have been terminated; amending s.
45	63.043, F.S.; deleting provisions prohibiting certain
46	screening or testing for purposes of employment or
47	admission into educational institutions; amending s.
48	63.052, F.S.; revising provisions specifying the entity
49	that may be the guardian of a minor placed for an
50	adoption; revising the responsibilities and authority of
51	the guardian; creating s. 63.053, F.S.; providing
52	legislative findings with respect to the rights and
53	responsibilities of an unmarried biological father;
54	creating s. 63.054, F.S.; providing requirements for the
55	unmarried biological father to establish parental rights;
56	creating the Florida Putative Father Registry within the
57	Office of Vital Statistics of the Department of Health;
58	providing requirements for registering with the Florida
59	Putative Father Registry; providing requirements for
60	searching the registry; directing the Department of Health
61	to provide for an application and inform the public of the
62	Florida Putative Father Registry; providing for removal of
63	the registrant’s name from the registry; providing
64	rulemaking authority; amending s. 63.062, F.S.; revising
65	provisions specifying the persons from whom a consent for
66	adoption is required; providing conditions under which the
67	consent for adoption of an unmarried biological father
68	must be obtained; authorizing the execution of an
69	affidavit of nonpaternity prior to the birth of the child;
70	deleting requirements for a form for the affidavit of
71	nonpaternity; revising the conditions under which a
72	petition to adopt an adult may be granted; revising venue
73	requirements for terminating parental rights; creating s.
74	63.063, F.S.; providing for the responsibilities of each
75	party pertaining to fraudulent actions; providing
76	requirements for a biological father to contest a
77	termination of parental rights; creating s. 63.064, F.S.;
78	authorizing the court to waive the requirement that
79	consent for adoption be obtained from certain persons;
80	amending s. 63.082, F.S.; revising requirements for
81	executing a consent for adoption and obtaining certain
82	information concerning the child and birth parents;
83	providing for executing an affidavit of nonpaternity prior
84	to the birth of the child; authorizing an adoption entity
85	to intervene as a party in interest under certain
86	circumstances; providing for placement of a minor when the
87	minor is in the custody of the Department of Children and
88	Family Services; revising requirements for withdrawing a
89	consent for adoption; amending s. 63.085, F.S.; revising
90	the requirements for required disclosures by an adoption
91	entity; amending s. 63.087, F.S.; revising provisions
92	governing the proceedings for terminating parental rights
93	pending adoption; revising the venue requirements for
94	filing a petition to terminate parental rights; revising
95	requirements for a petition for terminating parental
96	rights pending adoption; amending s. 63.088, F.S.;
97	providing for limited notice requirements for an unmarried
98	biological father; revising the period within which an
99	inquiry and diligent search must be initiated; revising
100	requirements for notice concerning the termination of
101	parental rights; revising the individuals for whom
102	information regarding identity is required; revising the
103	inquiries required for diligent search; revising
104	requirements for constructive service; amending s. 63.089,
105	F.S.; revising hearing requirements for terminating
106	parental rights; revising conditions under which the court
107	may enter a judgment terminating parental rights; revising
108	conditions for making a finding of abandonment; revising
109	requirements for issuing and voiding a judgment
110	terminating parental rights; amending s. 63.092, F.S.;
111	revising requirements for placing of a minor by an
112	adoption entity; revising requirements for a preliminary
113	home study; amending s. 63.097, F.S.; revising the fees,
114	costs, and expenses that may be assessed by an adoption
115	entity; revising the total of the fees, costs, and
116	expenses for which court approval is required; prohibiting
117	certain fees, costs, and expenses; amending s. 63.102,
118	F.S.; revising the period within which a petition for
119	adoption may be filed; providing for exceptions for
120	adoptions of adults and adoptions by stepparents and
121	relatives; revising requirements pertaining to prior
122	approval of fees and costs; providing for the clerk of the
123	court to charge one filing fee for certain adoption-
124	related actions; amending s. 63.112, F.S.; revising
125	requirements for the petition documents for an adoption;
126	amending s. 63.122, F.S.; providing requirements for the
127	notice of the hearing on the petition for adoption;
128	amending s. 63.125, F.S.; revising the period within which
129	a home investigation report must be filed; amending s.
130	63.132, F.S.; revising the period within which an
131	affidavit of expenses and receipts must be filed; revising
132	requirements for the affidavit of expenses and receipts;
133	providing an exception for the adoption of a relative or
134	an adult; amending s. 63.135, F.S.; requiring that certain
135	information be provided to the court for all adoption
136	proceedings; amending s. 63.142, F.S.; allowing persons to
137	appear before the court telephonically; revising
138	conditions under which a judgment terminating parental
139	rights is voidable; revising requirements pertaining to
140	the court's consideration of setting aside a judgment
141	terminating parental rights; amending s. 63.152, F.S.;
142	revising the entities responsible for preparing a
143	statement of the adoption for the state registrar of vital
144	statistics; requiring the clerk of the court to transmit
145	the statement of the adoption to the state registrar;
146	amending s. 63.162, F.S.; revising certain notice
147	requirements concerning the disclosure of information
148	pertaining to an adoption; amending s. 63.167, F.S.;
149	authorizing the department to contract with more than one
150	child-placing agency for the operation of a state adoption
151	information center; amending s. 63.182, F.S.; revising the
152	statute of repose to conform to changes made by the act;
153	repealing s. 63.185, F.S., relating to the residency
154	requirement for adoptions; amending s. 63.207, F.S.;
155	providing for the court's jurisdiction with respect to
156	out-of-state placements; amending s. 63.212, F.S.;
157	requiring an out-of-state adoption to be in compliance
158	with the Interstate Compact for the Placement of Children
159	when applicable; deleting certain provisions concerning
160	preplanned adoption agreements; revising acts that are
161	unlawful pertaining to adoptions; creating s. 63.213,
162	F.S.; providing requirements for a preplanned adoption
163	arrangement; providing definitions; amending s. 63.219,
164	F.S.; revising conditions under which the court may
165	sanction an adoption entity; amending s. 63.235, F.S.;
166	providing application; providing an effective date.
167
168	Be It Enacted by the Legislature of the State of Florida:
169
170	Section 1. Section 63.022, Florida Statutes, is amended to
171	read:
172	63.022 Legislative intent.--
173	(1) The Legislature finds that:
174	(a) The state has a compelling interest in providing
175	stable and permanent homes for adoptive children in a prompt
176	manner, in preventing the disruption of adoptive placements, and
177	in holding parents accountable for meeting the needs of
178	children.
179	(b) An unmarried mother faced with the responsibility of
180	making crucial decisions about the future of a newborn child is
181	entitled to privacy, has the right to make timely and
182	appropriate decisions regarding her future and the future of the
183	child, and is entitled to assurance regarding an adoptive
184	placement.
185	(c) Adoptive children have the right to permanence and
186	stability in adoptive placements.
187	(d) Adoptive parents have a constitutional privacy
188	interest in retaining custody of a legally adopted child.
189	(e) An unmarried biological father has an inchoate
190	interest that acquires constitutional protection only when he
191	demonstrates a timely and full commitment to the
192	responsibilities of parenthood, both during the pregnancy and
193	after the child's birth. The state has a compelling interest in
194	requiring an unmarried biological father to demonstrate that
195	commitment by providing appropriate medical care and financial
196	support and by establishing legal paternity rights in accordance
197	with the requirements of this chapter.
198	(2) It is the intent of the Legislature that in every
199	adoption, the best interest of the child should govern and be of
200	foremost concern in the court's determination. The court shall
201	make a specific finding as to the best interest of the child in
202	accordance with the provisions of this chapter.
203	(3)(1)It is the intent of the Legislature to protect and
204	promote the well-being of persons being adopted and their birth
205	and adoptive parents and to provide to all children who can
206	benefit by it a permanent family life, and, whenever appropriate
207	possible, to maintain sibling groups.
208	(4)(2)The basic safeguards intended to be provided by
209	this chapter are that:
210	(a) The minor is legally free for adoption and that all
211	adoptions are handled in accordance with the requirements of
212	law.
213	(b) The required persons consent to the adoption or the
214	parent-child relationship is terminated by judgment of the
215	court.
216	(c) The required social studies are completed and the
217	court considers the reports of these studies prior to judgment
218	on adoption petitions.
219	(d) All placements of minors for adoption are reported to
220	the Department of Children and Family Services, except relative,
221	adult, and stepparent adoptions.
222	(e) A sufficient period of time elapses during which the
223	minor has lived within the proposed adoptive home under the
224	guidance of an adoption entity, except stepparent adoptions or
225	adoptions of a relativethe department, a child-caring agency
226	registered under s. 409.176, or a licensed child-placing agency.
227	(f) All expenditures by adoption entities or adoptive
228	parents relative to the adoption ofplacing, and persons
229	independently adopting,a minor are reported to the court and
230	become a permanent record in the file of the adoption
231	proceedings, including, but not limited to, all legal fees and
232	costs, all payments to or on behalf of a birth parent, and all
233	payments to or on behalf of the minor.
234	(g) Social and medical information concerning the minor
235	and the parents is furnished by the parent when available and
236	filed with the court before a final hearing on a petition to
237	terminate parental rights pending adoption, unless the
238	petitioner is a stepparent or a relative.
239	(h) A new birth certificate is issued after entry of the
240	adoption judgment.
241	(i) At the time of the hearing, the court may order
242	temporary substitute care when it determines that the minor is
243	in an unsuitable home.
244	(j) The records of all proceedings concerning custody and
245	adoption of a minor are confidential and exempt from s.
246	119.07(1), except as provided in s. 63.162.
247	(k) The birthparent, the prospective adoptive parent, and
248	the minor receive, at a minimum, the safeguards, guidance,
249	counseling, and supervision required in this chapter.
250	(l) In all matters coming before the court under this
251	chapter, the court shall enter such orders as it deems necessary
252	and suitable to promote and protect the best interests of the
253	person to be adopted.
254	(m) In dependency cases initiated by the department, where
255	termination of parental rights occurs, and siblings are
256	separated despite diligent efforts of the department, continuing
257	postadoption communication or contact among the siblings may be
258	ordered by the court if found to be in the best interests of the
259	children.
260	(5) It is the intent of the Legislature to provide for
261	cooperation between private adoption entities and the Department
262	of Children and Family Services in matters relating to permanent
263	placement options for children in the care of the department
264	whose birth parents wish to participate in a private adoption
265	plan with a qualified family.
266	Section 2. Section 63.032, Florida Statutes, is amended to
267	read:
268	63.032 Definitions.--As used in this chapter, the term:
269	(1) "Abandoned" means a situation in which the parent or
270	person having legal custody of a child, while being able, makes
271	no provision for the child's support and makes little orno
272	effort to communicate with the child, which situation is
273	sufficient to evince an intent to rejecta willful rejection of
274	parental responsibilitiesobligations. If, in the opinion of the
275	court, the efforts of such parent or person having legal custody
276	of the child to support and communicate with the child are only
277	marginal efforts that do not evince a settled purpose to assume
278	all parental duties, the court may declare the child to be
279	abandoned. In making this decision, the court may consider the
280	conduct of a father towards the child's mother during her
281	pregnancy.
282	(2) "Adoption" means the act of creating the legal
283	relationship between parent and child where it did not exist,
284	thereby declaring the child to be legally the child of the
285	adoptive parents and their heir at law and entitled to all the
286	rights and privileges and subject to all the obligations of a
287	child born to such adoptive parents in lawful wedlock.
288	(3) "Adoption entity" means the department, an agency, a
289	child-caring agency registered under s. 409.176, oran
290	intermediary, or a child-placing agency licensed in another
291	state which is qualified by the department to place children in
292	the State of Florida.
293	(4) "Adult" means a person who is not a minor.
294	(5) "Agency" means any child-placing agency licensed by
295	the department pursuant to s. 63.202 to place minors for
296	adoption.
297	(6) "Child" means a son or daughter, whether by birth or
298	adoption.
299	(7) "Court" means any circuit court of this state and,
300	when the context requires, the court of any state that is
301	empowered to grant petitions for adoption.
302	(8) "Department" means the Department of Children and
303	Family Services.
304	(9) "Intermediary" means an attorney who is licensed or
305	authorized to practice in this state and who is placing or
306	intends to place a child for adoption, including placingor, for
307	the purpose of adoptive placements of children born in another
308	from out of state with citizens of this state or country or
309	placing children born in this state with citizens of another
310	state or country, a child-placing agency licensed in another
311	state that is qualified by the department.
312	(10) "Legal custody" has the meaning ascribed in s. 39.01.
313	(11) "Minor" means a person under the age of 18 years.
314	(12) "Parent" has the same meaning ascribed in s. 39.01.
315	(13) "Person" includes a natural person, corporation,
316	government or governmental subdivision or agency, business
317	trust, estate, trust, partnership, or association, and any other
318	legal entity.
319	(14) "Relative" means a person related by blood to the
320	person being adopted within the third degree of consanguinity
321	has the same meaning ascribed in s. 39.01.
322	(15) "To place" or "placement" means the process of a
323	parent or legal guardian surrenderingperson giving a child up
324	for adoption and the prospective adoptiveparents receiving and
325	adopting the child, and includes all actions by any person or
326	adoption entity participating in the process.
327	(16) "Placement" means the process of a parent or legal
328	guardian surrendering a child for adoption and the prospective
329	adoptive parents receiving and adopting the child and all
330	actions by any adoption entity participating in placing the
331	child.
332	(17)(16) "Primarily lives and works outside Florida" means
333	anyone who does not meet the definition of "primary residence
334	and place of employment in Florida."
335	(17) "Primary residence and place of employment in
336	Florida" means a person who lives and works outsideinthis
337	state at least 6 months of the year,and intends to do so for
338	the foreseeable future ormilitary personnel who designate
339	Florida as their place of residence in accordance with the
340	Soldiers' and Sailors' Civil Relief Act of 1940,or employees of
341	the United States Department of State living in a foreign
342	country who designate a state other thanFlorida as their place
343	of residence.
344	(18) "Suitability of the intended placement" includes the
345	fitness of the intended placement, with primary consideration
346	being given to the best interestwelfare of the child; the
347	fitness and capabilities of the adoptive parent or parents to
348	function as parent or parents for a particular child; any
349	familial relationship between the child and the prospective
350	placement; and the compatibility of the child with the home in
351	which the child is intended to be placed.
352	(19) "Unmarried biological father" means the child's
353	biological father who is not married to the child's mother at
354	the time of conception or birth of the child and who has not
355	been declared by a court of competent jurisdiction to be the
356	legal father of the child.
357	(20) “Adoption plan” means arrangements made by a birth
358	parent or other individual having a legal right to custody of a
359	minor child, born or to be born, with an adoption entity in
360	furtherance of the placement of the minor for adoption.
361	Section 3. Section 63.039, Florida Statutes, is amended to
362	read:
363	63.039 Duty of adoption entity to prospective adoptive
364	parents; sanctions.--
365	(1) An adoption entity placing a minor for adoption has an
366	affirmative duty to follow the requirements of this chapter and
367	specifically the following provisions, which protect and promote
368	the well-being of persons being adopted and their parents and
369	prospective adoptive parents by promoting certainty, finality,
370	and permanency for such persons. The adoption entity must:
371	(a) Provide written initial disclosure to the prospective
372	adoptive parent at the time and in the manner required under s.
373	63.085.
374	(b) Provide written initial and postbirthdisclosure to
375	the parent at the time and in the manner required under s.
376	63.085.
377	(c) When a written consent for adoption is obtained,
378	obtain the consent at the time and in the manner required under
379	s. 63.082.
380	(d) When a written consent or affidavit of nonpaternity
381	for adoption is obtained, obtain a consent to adoption or
382	affidavit of nonpaternity that contains the language required
383	under s. 63.062 or s. 63.082.
384	(e) Include in the petition to terminate parental rights
385	pending adoption all information required under s. 63.087(6)(e)
386	and (f).
387	(f) Obtain and file the affidavit of inquiry pursuant to
388	s. 63.088(4)(3), if the required inquiry is not conducted orally
389	in the presence of the court.
390	(g) When the identity of a person whose consent to
391	adoption is necessary under this chapter is known but the
392	location of such a person is unknown, conduct the diligent
393	search and file the affidavit required under s. 63.088(5)(4).
394	(h) Serve athepetition and notice of hearing to
395	terminate parental rights pending adoption at the time and in
396	the manner prescribed by lawrequired by s. 63.088.
397	(i) Obtain the written waiver of venue required under s.
398	63.062 in cases involving a child younger than 6 months of age
399	in which venue for the termination of parental rights will be
400	located in a county other than the county where atheparent
401	whose rights are to be terminated resides.
402	(2) If a court finds that a consent to adoption or an
403	affidavit of nonpaternity taken under this chapter was obtained
404	by fraud or underduress attributable to the adoption entity,
405	the court maymustaward all sums paid by the prospective
406	adoptive parents or on their behalf in anticipation of or in
407	connection with the adoption. The court may also award
408	reasonable attorney's fees and costs incurred by the prospective
409	adoptive parents in connection with the adoption and any
410	litigation related to placement or adoption of a minor. The
411	court maymustaward reasonable attorney's fees and costs, if
412	any, incurred by the person whose consent or affidavit was
413	obtained by fraud or underduress. Any award under this
414	subsection to the prospective adoptive parents or to the person
415	whose consent or affidavit was obtained by fraud or underduress
416	must be paid directly to them by the adoption entity or by any
417	applicable insurance carrier on behalf of the adoption entity if
418	the court determines, after an evidentiary hearing held
419	subsequent to the entry of a final order in the underlying
420	termination of parental rights or adoption action, that the
421	actions or failures of the adoption entity directly contributed
422	to the finding of fraud or duress.
423	(3) The prevailing partyIf a person whose consent to an
424	adoption is required under s. 63.062 prevailsin an action to
425	set aside a judgment terminating parental rights pending
426	adoption, or a judgment of adoption may be awarded, the court
427	must award reasonable attorney's fees and costs to the
428	prevailing party. An award under this subsection must be paid by
429	the adoption entity or by any applicable insurance carrier on
430	behalf of the adoption entity if the court finds that the acts
431	or omissions of the entity were the basis for the court's order
432	granting relief to the prevailing party.
433	(4) Within 30 days after the entry of an order of the
434	court finding sanctionable conduct on the part of an adoption
435	entitythe date that the order was issued, the clerk of the
436	court must forward to:
437	(a) The Florida Bar any order that imposes sanctions under
438	this section against an attorney acting as an adoption entity.
439	(b) The Department of Children and Family Services any
440	order that imposes sanctions under this section against a
441	licensed child-placing agency or a child-placing agency licensed
442	in another state that is qualified by the department.
443	(c) The entity under s. 409.176 that certifies child-
444	caring agencies any order that imposes sanctions under this
445	section against a child-caring agency registered under s.
446	409.176.
447	(d) The Office of Attorney General any order that imposes
448	sanctions under this section against the department.
449	Section 4. Section 63.042, Florida Statutes, is amended to
450	read:
451	63.042 Who may be adopted; who may adopt.--
452	(1) Any person, a minor or an adult, may be adopted.
453	(2) The following persons may adopt:
454	(a) A husband and wife jointly;
455	(b) An unmarried adult, including the birth parent of the
456	person to be adopted;
457	(c) The unmarried minor birth parent of the person to be
458	adopted; or
459	(c)(d)A married person without the other spouse joining
460	as a petitioner, if the person to be adopted is not his or her
461	spouse, and if:
462	1. The other spouse is a parent of the person to be
463	adopted and consents to the adoption; or
464	2. The failure of the other spouse to join in the petition
465	or to consent to the adoption is excused by the court for good
466	cause shown or in the best interest of the childfor reason of
467	prolonged unexplained absence, unavailability, incapacity, or
468	circumstances constituting an unreasonable withholding of
469	consent.
470	(3) No person eligible to adopt under this statute may
471	adopt if that person is a homosexual.
472	(4) No person eligible under this section shall be
473	prohibited from adopting solely because such person possesses a
474	physical disability or handicap, unless it is determined by the
475	court or adoption entitydepartment or the licensed child-
476	placing agencythat such disability or handicap renders such
477	person incapable of serving as an effective parent.
478	Section 5. Section 63.0423, Florida Statutes, is amended
479	to read:
480	63.0423 Procedures with respect to abandoned infants
481	newborns.--
482	(1) A licensed child-placing agency that takes physical
483	custody of ana newborn infant abandonedleftat a hospital,
484	emergency medical services station, or fire station pursuant to
485	s. 383.50, shall assume responsibility for all medical costs and
486	all other costs associated with the emergency services and care
487	of the abandonednewborninfant from the time the licensed
488	child-placing agency takes physical custody of the abandoned
489	newborninfant.
490	(2) The licensed child-placing agency shall immediately
491	seek an order from the circuit court for emergency custody of
492	the abandonednewborninfant. The emergency custody order shall
493	remain in effect until the court orders preliminary approval of
494	placement of the abandonednewborninfant in the prospective
495	home, at which time the prospective adoptive parents become
496	guardians pending termination of parental rights and
497	finalization of adoption or until the court orders otherwise.
498	The guardianship of the prospective adoptive parents shall
499	remain subject to the right of the licensed child-placing agency
500	to remove the abandoned infant from the placement during the
501	pendency of the proceedings if such removal is deemed by the
502	licensed child-placing agency to be in the best interest of the
503	child. The licensed child-placing agency may immediately seek to
504	temporarily place the abandonednewborninfant in a prospective
505	adoptive home as soon as possible.
506	(3) The licensed child-placing agency that takes physical
507	custody of the abandonednewborn infant shall, within 24 hours
508	thereafter,immediatelyrequest assistance from law enforcement
509	officials to investigate and determine, through the Missing
510	Children Information Clearinghouse, the National Center for
511	Missing and Exploited Children, and any other national and state
512	resources, whether or not the abandonednewborninfant is a
513	missing child.
514	(4) Within 7 days after accepting physical custody of the
515	abandonednewborninfant, the licensed child-placing agency
516	shall initiate a diligent search to notify and to obtain consent
517	from a parent whose identity is known but whose location is
518	unknownor location is unknown, other than the parent who has
519	left a newborn infant at a hospital, emergency medical services
520	station, or fire station in accordance with s. 383.50. The
521	diligent search must include, at a minimum, inquiries as
522	provided for in s. 63.088of all known relatives of the parent,
523	inquiries of all offices or program areas of the department
524	likely to have information about the parent, inquiries of other
525	state and federal agencies likely to have information about the
526	parent, inquiries of appropriate utility and postal providers,
527	and inquiries of appropriate law enforcement agencies.
528	Constructive notice must also be provided pursuant to chapter 49
529	in the county where the newborn infant was abandonedleft and in
530	the county where the petition to terminate parental rights will
531	be filed. The constructive notice must include at a minimum,
532	available identifying information, and information on whom a
533	parent must contact in order to assert a claim of parental
534	rights of the newborn infant and how to assert that claim. If a
535	parent is identified and located, notice of the adjudicatory
536	hearing on the petition for termination of parental rightsshall
537	be provided. If a parent cannot be identified or located
538	subsequent to the diligent search and constructive notice, the
539	licensed child-placing agency shall file an affidavit of
540	diligent search at the same time that the petition to terminate
541	parental rights is filed.
542	(5) A petition for termination of parental rights under
543	this section may not be filed until 30 days after the date the
544	newborn infant was abandonedleftin accordance with s. 383.50.
545	A petition for termination of parental rights may not be granted
546	until consent to adoption or an affidavit of nonpaternity has
547	been executed by a parent of the abandonednewborninfant as set
548	forth in s. 63.062, a parent has failed to reclaim or claim the
549	abandonednewborn infant within the specified time period
550	specified in s. 383.50, or the consent of a parent is otherwise
551	waived by the court.
552	(6) A claim of parental rights of the abandonednewborn
553	infant must be made to the entity having physical orlegal
554	custody of the abandonednewborninfant or to the circuit court
555	before whom proceedings involving the abandonednewborninfant
556	are pending. A claim of parental rights of the abandonednewborn
557	infant may not be made after the judgment to terminate parental
558	rights is entered, except as otherwise provided by subsection
559	(9)(10).
560	(7) If a claim of parental rights of an abandoneda
561	newborninfant is made before the judgment to terminate parental
562	rights is entered, the circuit court mayshallhold the action
563	for termination of parental rights pending subsequent adoption
564	in abeyance for a period of time not to exceed 60 days.
565	(a) The court mayshallorder scientific testing to
566	determine maternity or paternity at the expense of the parent
567	claiming parental rights unless maternity or paternity has been
568	previously established legally or by scientific testing.
569	(b) The court shallmayappoint a guardian ad litem for
570	the abandonednewborninfant and order whatever investigation,
571	home evaluation, and psychological evaluation are necessary to
572	determine what is in the best interest of the abandonednewborn
573	infant.
574	(c) The court may not terminate parental rights solely on
575	the basis that the parent left thea newborninfant at a
576	hospital, emergency medical services station, or fire station in
577	accordance with s. 383.50.
578	(d) The court shall enter a judgment with written findings
579	of fact and conclusions of law.
580	(8) Within 7 business days24 hours after recordingfiling
581	the judgment, the clerk of the court shall mail a copy of the
582	judgment to the department, the petitioner, and the persons
583	whose consent were required, if known. The clerk shall execute a
584	certificate of each mailing.
585	(9)(a) A judgment terminating parental rights pending
586	adoption is voidable, and any later judgment of adoption of that
587	minor is voidable, if, upon the motion of a birthparent, the
588	court finds that a person knowingly gave false information that
589	prevented the birthparent from timely making known his or her
590	desire to assume parental responsibilities toward the minor or
591	from exercising his or her parental rights. A motion under this
592	subsection must be filed with the court originally entering the
593	judgment. The motion must be filed within a reasonable time, but
594	not later than 1 year2 yearsafter the entry of the judgment
595	terminating parental rights.
596	(b) No later than 30 days after the filing of a motion
597	under this subsection, the court shallmustconduct a
598	preliminary hearing to determine what contact, if any, will be
599	permitted between a birthparent and the child pending
600	resolution of the motion. Such contact may be allowed only if it
601	is requested by a parent who has appeared at the hearing and the
602	court determines that it is in the best interest of the child.
603	If the court orders contact between a birthparent and child,
604	the order must be issued in writing as expeditiously as possible
605	and must state with specificity any provisions regarding contact
606	with persons other than those with whom the child resides.
607	(c) At the preliminary hearing,the court, upon the motion
608	of any party or upon its own motion, may order scientific
609	testing to determine the paternity or maternity of the minor if
610	the person seeking to set aside the judgment is alleging to be
611	the child's birth parent butand that facthas not previously
612	been determined by legal proceedings or scientific testing to be
613	the birth parent. Upon the filing of test results establishing
614	that person's maternity or paternity of the abandoned infant,
615	the court may order supervised visitation as it deems
616	appropriate and in the best interest of the childwith a person
617	for whom scientific testing for paternity or maternity has been
618	ordered. Such visitation shall be conditioned upon the filing of
619	test results with the court and those results establishing that
620	person's paternity or maternity of the minor.
621	(d) WithinNo later than45 days after the preliminary
622	hearing, the court shallmustconduct a final hearing on the
623	motion to set aside the judgment and shallenter its written
624	order as expeditiously as possible thereafter.
625	(10) Except to the extent expressly provided in this
626	section, proceedings initiated by a licensed child-placing
627	agency for the termination of parental rights and subsequent
628	adoption of a newborn left at a hospital, emergency medical
629	services station, or fire station in accordance with s. 383.50
630	shall be conducted pursuant to this chapter.
631	Section 6. Subsection (1) of section 63.0425, Florida
632	Statutes, is amended to read:
633	63.0425 Grandparent's right to adopt.--
634	(1) When a child whohas lived with a grandparent for at
635	least 6 months within the 24-month period immediately preceding
636	the filing of a petition for termination of parental rights
637	pending adoptionis placed for adoption, the adoption entity
638	handling the adoption shall provide notice tonotifythat
639	grandparent of the hearing on the petition for termination of
640	parental rights pending adoptionimpending adoption before the
641	petition for adoption is filed. If the grandparent petitions the
642	court to adopt the child, the court shall give first priority
643	for adoption to that grandparent.
644	Section 7. Section 63.0427, Florida Statutes, is amended
645	to read:
646	63.0427 Adopted minor's right to continued communication
647	or contact with siblings and other relatives.--
648	(1) A child whose parents have had their parental rights
649	terminated and whose custody has been awarded to the department
650	pursuant to s. 39.811, and who is the subject of a petition for
651	adoption under this chapter, shall have the right to have the
652	court consider the appropriateness of postadoption communication
653	or contact, including, but not limited to, visits, written
654	correspondenceletters and cards, or telephone calls, with his
655	or her siblings or, upon agreement of the adoptive parents, with
656	the parents who have had their parental rights terminated or
657	other specified biological relatives who are not included in the
658	petition for adoption. The court shall determine if the best
659	interests of the child support such continued communication or
660	contact and shallconsider the following in making such
661	determination:
662	(a) Any orders of the court pursuant to s. 39.811(7).
663	(b) Recommendations of the department, the foster parents
664	if other than the adoptive parents, and the guardian ad litem.
665	(c) Statements of theprospective adoptive parents.
666	(d) Any other information deemed relevant and material by
667	the court.
668
669	If the court determines that the child's best interests will be
670	served by postadoption communication or contact with any sibling
671	or, upon agreement of the adoptive parents, other specified
672	biological relatives, the court shall so order, stating the
673	nature and frequency for the communication or contact. This
674	order shall be made a part of the final adoption order, but in
675	no event shall thecontinuing validity of the adoption be
676	contingent upon such postadoption communication or contact, nor
677	shall the ability of the adoptive parents and child to change
678	residence within or outside the State of Florida be impaired by
679	such communication or contact.
680	(2) Notwithstanding the provisions of s. 63.162, the
681	adoptive parent may, at any time, petition for review at any
682	time of a sibling's or other specified biological relatives'
683	communication or contact order enteredorderedpursuant to
684	subsection (1), if the adoptive parent believes that the best
685	interests of the adopted child are being compromised, and the
686	court shall have authority to order the communication or contact
687	to be terminated or modified, or to order such conditions in
688	regard to communication or contactas the court deems to be in
689	the best interests of the adopted child. As part of the review
690	process, the court may order the parties to engage in mediation.
691	The department shall not be required to be a party to such
692	review.
693	Section 8. Section 63.043, Florida Statutes, is amended to
694	read:
695	63.043 Mandatory screening or testing for sickle-cell
696	trait prohibited.--No person, firm, corporation, unincorporated
697	association, state agency, unit of local government, or any
698	public or private entity shall require screening or testing for
699	the sickle-cell trait as a condition for employment, for
700	admission into any state educational institution or state-
701	chartered private educational institution, orfor becoming
702	eligible for adoption if otherwise eligible for adoption under
703	the laws of this state.
704	Section 9. Section 63.052, Florida Statutes, is amended to
705	read:
706	63.052 Guardians designated; proof of commitment.--
707	(1) For minors who have been placed for adoption with and
708	permanently committed to an adoption entity, other than an
709	intermediary, such adoption entityagency as defined in s.
710	63.032 or a child-caring agency registered under s. 409.176,
711	such agency shall be the guardian of the person of the minor and
712	has the responsibility and authority to provide for the needs
713	and welfare of the minor; for those who have been placed for
714	adoption with and permanently committed to the department, the
715	department shall be the guardian of the person of the minor.
716	(2) For minors who have been voluntarily surrendered to an
717	intermediary through an execution of aconsent to adoption, the
718	intermediary shall be responsible for the minor until the time a
719	court orders preliminary approval of placement of the minor in
720	the prospective adoptive home, afteratwhich time the
721	prospective adoptive parents shallbecome guardians pending
722	finalization of adoption, subject to the intermediary's right
723	and responsibility to remove the child from the prospective
724	adoptive home if the removal is deemed by the intermediary to be
725	in the best interest of the child. Prior to the court's entry of
726	an order granting preliminary approval of the placement, the
727	intermediary shall have the responsibility and authority to
728	provide for the needs and welfare of the minor. Until a court
729	has terminated parental rights pending adoption and has ordered
730	preliminary approval of placement of the minor in the adoptive
731	home, the minor must be placed in the care of a relative as
732	defined in s. 39.01, in foster care as defined in s. 39.01, or
733	in the care of a prospective adoptive home.No minor shall be
734	placed in a prospective adoptive home until that home has
735	received a favorable preliminary home study by a licensed child-
736	placing agency, a licensed professional, or an agency, as
737	provided in s. 63.092, within 1 year before such placement in
738	the prospective home. Temporary placement in the prospective
739	home with the prospective adoptive parents does not give rise to
740	a presumption that the parental rights of the parents will
741	subsequently be terminated. For minors who have been placed for
742	adoption with or voluntarily surrendered to an agency, but have
743	not been permanently committed to the agency, the agency shall
744	have the responsibility and authority to provide for the needs
745	and welfare for such minors. For those minors placed for
746	adoption with or voluntarily surrendered to the department, but
747	not permanently committed to the department, the department
748	shall have the responsibility and authority to provide for the
749	needs and welfare for such minors. The adoption entity may
750	authorize all appropriate medical care for a minor who has been
751	placed for adoption with or voluntarily surrendered to the
752	adoption entity.The provisions of s. 627.6578 shall remain in
753	effect notwithstanding the guardianship provisions in this
754	section.
755	(3) If a minor is surrendered to an adoption entity
756	intermediaryfor subsequent adoption and a suitable prospective
757	adoptive home is not available pursuant to s. 63.092 at the time
758	the minor is surrendered to the adoption entityintermediary or,
759	if the minor is a newborn admitted to a licensed hospital or
760	birth center, at the time the minor is discharged from the
761	hospital or birth center, the minor must be placed in foster
762	care or with a relativeuntil such a suitable prospective
763	adoptive home is available.
764	(4) If a minor is voluntarily surrendered to an adoption
765	entity for subsequent adoption and the adoption does not become
766	final within 180 days after termination of parental rights, the
767	adoption entity must report to the court on the status of the
768	minor and the court may at that time proceed under s. 39.701 or
769	take action reasonably necessary to protect the best interest of
770	the minor.
771	(5) The recital in athe written consent, answer, or
772	recommendation filed by an adoption entitygiven by the
773	department that the minor sought to be adoptedhas been
774	permanently committed to the adoption entity or that the
775	adoption entity is duly licenseddepartmentshall be prima facie
776	proof of such commitment. A consent for adoption signed by an
777	adoption entity need not comply with s. 63.082.The recital in
778	the written consent given by a licensed child-placing agency or
779	the declaration in an answer or recommendation filed by a
780	licensed child-placing agency that the minor has been
781	permanently committed and the child-placing agency is duly
782	licensed by the department shall be prima facie proof of such
783	commitment and of such license.
784	(6) Unless otherwise authorized by law or ordered by the
785	court, the department is not responsible for expenses incurred
786	by other adoption entities participating in placement of a minor
787	for the purposes of adoption.
788	(7) The court retains jurisdiction of a minor who has been
789	placed for adoption until the adoption is final. After a minor
790	is placed with an adoption entity or prospective adoptive
791	parent, the court may review the status of the minor and the
792	progress toward permanent adoptive placement. As part of this
793	continuing jurisdiction, for good cause shown by a person whose
794	consent to an adoption is required under s. 63.062, the adoption
795	entity, the parents, persons having legal custody of the minor,
796	persons with custodial or visitation rights to the minor,
797	persons entitled to notice pursuant to the Uniform Child Custody
798	Jurisdiction Act or the Indian Child Welfare Act, or upon the
799	court's own motion, the court may review the appropriateness of
800	the adoptive placement of the minor.
801	Section 10. Section 63.053, Florida Statutes, is created
802	to read:
803	63.053 Rights and responsibilities of an unmarried
804	biological father; legislative findings.--
805	(1) In enacting the provisions contained in this chapter,
806	the Legislature prescribes the conditions for determining
807	whether an unmarried biological father's actions are
808	sufficiently prompt and substantial so as to require protection
809	of a constitutional right. If an unmarried biological father
810	fails to take the actions that are available to him to establish
811	a relationship with his child, his parental interest may be lost
812	entirely, or greatly diminished, by his failure to timely comply
813	with the available legal steps to substantiate a parental
814	interest.
815	(2) The Legislature finds that the interests of the state,
816	the mother, the child, and the adoptive parents described in
817	this chapter outweigh the interest of an unmarried biological
818	father who does not take action in a timely manner to establish
819	and demonstrate a relationship with his child in accordance with
820	the requirements of this chapter. An unmarried biological father
821	has the primary responsibility to protect his rights and is
822	presumed to know that his child may be adopted without his
823	consent unless he complies with the provisions of this chapter
824	and demonstrates a prompt and full commitment to his parental
825	responsibilities.
826	(3) The Legislature finds that an unmarried mother has a
827	right of privacy with regard to her pregnancy and the adoption
828	plan.
829	Section 11. Section 63.054, Florida Statutes, is created
830	to read:
831	63.054 Actions required by an unmarried biological father
832	to establish parental rights; Florida Putative Father
833	Registry.--
834	(1) In order to preserve the right to notice and consent
835	to an adoption under this chapter, an unmarried biological
836	father must, as the "registrant," file a notarized claim of
837	paternity form with the Florida Putative Father Registry
838	maintained by the Office of Vital Statistics of the Department
839	of Health and shall include therein confirmation of his
840	willingness and intent to support the child for whom paternity
841	is claimed in accordance with state law. The claim of paternity
842	may be filed at any time prior to the child's birth, but a claim
843	of paternity may not be filed after the date a petition is filed
844	for termination of parental rights.
845	(2) By filing a claim of paternity form with the Office of
846	Vital Statistics, the registrant expressly consents to submit to
847	DNA testing upon the request of any party, the registrant, or
848	the adoption entity with respect to the child referenced in the
849	claim of paternity.
850	(3) The Office of Vital Statistics of the Department of
851	Health shall adopt by rule the appropriate claim of paternity
852	form in English, Spanish, and Creole in order to facilitate the
853	registration of an unmarried biological father with the Florida
854	Putative Father Registry and shall, within existing resources,
855	make these forms available through local offices of the
856	Department of Health and the Department of Children and Family
857	Services, the Internet websites of those agencies, and the
858	offices of the clerks of the circuit court. The claim of
859	paternity form shall be signed by the unmarried biological
860	father and must include his name, address, date of birth, and
861	physical description. In addition, the registrant shall provide,
862	if known, the name, address, date of birth, and physical
863	description of the mother; the date, place, and location of
864	conception of the child; and the name, date, and place of birth
865	of the child or estimated date of birth of the expected minor
866	child, if known. The claim of paternity form shall be signed
867	under oath by the registrant.
868	(4) Upon initial registration, or at any time thereafter,
869	the registrant may designate an address other than his
870	residential address for sending any communication regarding his
871	registration. Similarly, upon initial registration, or at any
872	time thereafter, the registrant may designate, in writing, an
873	agent or representative to receive any communication on his
874	behalf and receive service of process. The agent or
875	representative must file an acceptance of the designation, in
876	writing, in order to receive notice or service of process. The
877	failure of the designated representative or agent of the
878	registrant to deliver or otherwise notify the registrant of
879	receipt of correspondence from the Florida Putative Father
880	Registry is at the registrant's own risk and shall not serve as
881	a valid defense based upon lack of notice.
882	(5) The registrant may, at any time prior to the birth of
883	the child for whom paternity is claimed, execute a notarized
884	written revocation of the claim of paternity previously filed
885	with the Florida Putative Father Registry, and upon receipt of
886	such revocation, the claim of paternity shall be deemed null and
887	void. If a court determines that a registrant is not the father
888	of the minor, the court shall order the department to remove the
889	registrant’s name from the registry.
890	(6) It is the obligation of the registrant or, if
891	designated under subsection (4), his designated agent or
892	representative to notify and update the Office of Vital
893	Statistics of any change of address or change in the designation
894	of an agent or representative. The failure of a registrant, or
895	designated agent or representative, to report any such change is
896	at the registrant's own risk and shall not serve as a valid
897	defense based upon lack of notice, unless the person petitioning
898	for termination of parental rights or adoption has actual or
899	constructive notice of the registrant's address and whereabouts
900	from another source.
901	(7) In each proceeding for termination of parental rights
902	or each adoption proceeding filed under this chapter, the
903	petitioner must contact the Office of Vital Statistics of the
904	Department of Health by submitting an application for a search
905	of the Florida Putative Father Registry. The petitioner shall
906	provide the same information, if known, on the search
907	application form which the registrant is required to furnish
908	under subsection (3). Thereafter, the Office of Vital Statistics
909	must issue a certificate signed by the State Registrar
910	certifying:
911	(a) The identity and contact information, if any, for each
912	registered unmarried biological father whose information matches
913	the search request sufficiently so that such person may be
914	considered a possible father of the subject child; or
915	(b) That a diligent search has been made of the registry
916	of registrants who may be the unmarried biological father of the
917	subject child and that no matching registration has been located
918	in the registry.
919
920	This certificate must be filed with the court in the proceeding
921	to terminate parental rights or the adoption proceeding. If a
922	termination of parental rights and an adoption proceeding are
923	being adjudicated simultaneously, the Florida Putative Father
924	Registry need only be searched once.
925	(8) If an unmarried biological father does not know the
926	county in which the birth mother resides, gave birth, or intends
927	to give birth, he may initiate an action in any county in the
928	state, subject to the birth mother's right to change venue to
929	the county where she resides.
930	(9) The Department of Health shall establish and maintain
931	a Florida Putative Father Registry through its Office of Vital
932	Statistics, in accordance with the requirements of this section.
933	The Department of Health may charge a nominal fee to cover the
934	costs of filing and indexing the Florida Putative Father
935	Registry and the costs of searching the registry.
936	(10) The Department of Health shall, within existing
937	resources, prepare and adopt by rule application forms for
938	initiating a search of the Florida Putative Father Registry and
939	shall make those forms available through the local offices of
940	the Department of Health and the Department of Children and
941	Family Services and the offices of the clerks of the circuit
942	court.
943	(11) The Department of Health shall produce and
944	distribute, within existing resources, a pamphlet or publication
945	informing the public about the Florida Putative Father Registry
946	and which is printed in English, Spanish, and Creole. The
947	pamphlet shall indicate the procedures for voluntary
948	acknowledgment of paternity, the consequences of acknowledgment
949	of paternity, the consequences of failure to acknowledge
950	paternity, and the address of the Florida Putative Father
951	Registry. Such pamphlets or publications shall be made available
952	for distribution at all offices of the Department of Health and
953	the Department of Children and Family Services and shall be
954	included in health class curriculums taught in public and
955	charter schools in this state. The Department of Health shall
956	also provide such pamphlets or publications to hospitals,
957	adoption entities, libraries, medical clinics, schools,
958	universities, and providers of child-related services, upon
959	request. In cooperation with the Department of Highway Safety
960	and Motor Vehicles, each person applying for a Florida driver's
961	license, or renewal thereof, and each person applying for a
962	Florida identification card shall be offered the pamphlet or
963	publication informing the public about the Florida Putative
964	Father Registry.
965	(12) The Department of Health shall, within existing
966	resources, provide additional information about the Florida
967	Putative Father Registry and its services to the public in
968	English, Spanish, and Creole using public service announcements,
969	Internet websites, and such other means as it deems appropriate.
970	(13) Access to records of the Florida Putative Father
971	Registry shall be limited to:
972	(a) An adoption entity, upon the filing of a request for a
973	diligent search of the Florida Putative Father Registry in
974	connection with the planned adoption of a child.
975	(b) The registrant unmarried biological father, upon
976	receipt of notarized request for a copy of his registry entry
977	only.
978	(c) The court, upon issuance of a court order concerning a
979	petitioner acting pro se in an action under this chapter.
980	(14) Except as set forth in subsection (13), the database
981	comprising the Florida Putative Father Registry shall remain
982	confidential and separate from all others in this state,
983	including any local or federal database, and may not be accessed
984	by any other state or federal agency or entity.
985	(15) The filing of a claim of paternity with the Florida
986	Putative Father Registry does not excuse or waive the obligation
987	of a petitioner to comply with the requirements for conducting a
988	diligent search and inquiry with respect to the identity of an
989	unmarried biological father or legal father which are set forth
990	in this chapter.
991	(16) The Office of Vital Statistics of the Department of
992	Health is authorized to adopt rules to implement this section.
993	Section 12. Section 63.062, Florida Statutes, is amended
994	to read:
995	63.062 Persons required to consent to adoption; affidavit
996	of nonpaternity; waiver of venue.--
997	(1) Unless supported by one or more of the grounds
998	enumerated under s. 63.089(3), a petition to terminate parental
999	rights pending adoption may be granted only if written consent
1000	has been executed as provided in s. 63.082 after the birth of
1001	the minor or notice has been served under s. 63.088 to:
1002	(a) The mother of the minor.
1003	(b) The father of the minor, if:
1004	1. The minor was conceived or born while the father was
1005	married to the mother;
1006	2. The minor is his child by adoption; or
1007	3. The minor has been established by court proceeding to
1008	be his child; or
1009	4. In the case of an unmarried biological father, he has
1010	acknowledged in writing, signed in the presence of a competent
1011	witness, that he is the father of the minor, has filed such
1012	acknowledgement with the Office of Vital Statistics of the
1013	Department of Health within the required timeframes, and has
1014	complied with the requirements of subsection (2).
1015	(c) If there is no father as set forth in paragraph (b),
1016	any man established to be the father of the child by scientific
1017	tests that are generally acceptable within the scientific
1018	community to show a probability of paternity.
1019	(d) If there is no father as set forth in paragraph (b) or
1020	paragraph(c), any man who the mother has reason to believe may
1021	be the father of the minor and who:
1022	1. Has acknowledged in writing, signed in the presence of
1023	a competent witness, that he is the father of the minor and has
1024	filed such acknowledgment with the Office of Vital Statistics of
1025	the Department of Health;
1026	2. Has provided, or has attempted to provide, the child or
1027	the mother during her pregnancy with support in a repetitive,
1028	customary manner; or
1029	3. Has been identified by the birth mother as a person she
1030	has reason to believe may be the father of the minor in an
1031	action to terminate parental rights pending adoption pursuant to
1032	this chapter.
1033	(e) Any person who is a party in any pending proceeding in
1034	which paternity, custody, or termination of parental rights
1035	regarding the minor is at issue.
1036	(f) Any father who has provided, or has attempted to
1037	provide, the child or the mother during her pregnancy with
1038	support in a repetitive, customary manner, if consent has been
1039	obtained under paragraph (a) and subparagraph (b)1.
1040	(c)(g) The minor, if more than 12 years of age or older,
1041	unless the court in the best interest of the minor dispenses
1042	with the minor's consent.
1043	(d) Any person lawfully entitled to custody of the minor
1044	if required by the court.
1045	(e) The court having jurisdiction to determine custody of
1046	the minor, if the person having physical custody of the minor
1047	does not have authority to consent to the adoption.
1048	(2) In accordance with subsection (1), the consent of an
1049	unmarried biological father shall be necessary only if the
1050	unmarried biological father has complied with the requirements
1051	of this subsection.
1052	(a)1. With regard to a child who is placed with adoptive
1053	parents more than 6 months after the child's birth, an unmarried
1054	biological father must have developed a substantial relationship
1055	with the child, taken some measure of responsibility for the
1056	child and the child's future, and demonstrated a full commitment
1057	to the responsibilities of parenthood by providing financial
1058	support to the child in accordance with the unmarried biological
1059	father's ability, if not prevented from doing so by the person
1060	or authorized agency having lawful custody of the child, and
1061	either:
1062	a. Regularly visited the child at least monthly, when
1063	physically and financially able to do so and when not prevented
1064	from doing so by the birth mother or the person or authorized
1065	agency having lawful custody of the child; or
1066	b. Maintained regular communication with the child or with
1067	the person or agency having the care or custody of the child,
1068	when physically or financially unable to visit the child or when
1069	not prevented from doing so by the birth mother or person or
1070	authorized agency having lawful custody of the child.
1071	2. The mere fact that an unmarried biological father
1072	expresses a desire to fulfill his responsibilities towards his
1073	child which is unsupported by acts evidencing this intent does
1074	not preclude a finding by the court that the unmarried
1075	biological father failed to comply with the requirements of this
1076	subsection.
1077	3. An unmarried biological father who openly lived with
1078	the child for at least 6 months within the 1-year period
1079	following the birth of the child and immediately preceding
1080	placement of the child with adoptive parents and who openly held
1081	himself out to be the father of the child during that period
1082	shall be deemed to have developed a substantial relationship
1083	with the child and to have otherwise met the requirements of
1084	this paragraph.
1085	(b) With regard to a child who is younger than 6 months of
1086	age at the time the child is placed with the adoptive parents,
1087	an unmarried biological father must have demonstrated a full
1088	commitment to his parental responsibility by having performed
1089	all of the following acts prior to the time the mother executes
1090	her consent for adoption:
1091	1. Filed a notarized claim of paternity form with the
1092	Florida Putative Father Registry within the Office of Vital
1093	Statistics of the Department of Health, which form shall be
1094	maintained in the confidential registry established for that
1095	purpose and shall be considered filed when the notice is entered
1096	in the registry of notices from unmarried biological fathers.
1097	2. Upon service of a notice of an intended adoption plan
1098	or a petition for termination of parental rights pending
1099	adoption, executed and filed an affidavit in that proceeding
1100	stating that he is personally fully able and willing to take
1101	responsibility for the child, setting forth his plans for care
1102	of the child, and agreeing to a court order of child support and
1103	a contribution to the payment of living and medical expenses
1104	incurred for the mother's pregnancy and the child's birth in
1105	accordance with his ability to pay.
1106	3. If he had knowledge of the pregnancy, paid a fair and
1107	reasonable amount of the expenses incurred in connection with
1108	the mother's pregnancy and the child's birth, in accordance with
1109	his financial ability and when not prevented from doing so by
1110	the birth mother or person or authorized agency having lawful
1111	custody of the child.
1112	(c) The petitioner shall file with the court a certificate
1113	from the Office of Vital Statistics stating that a diligent
1114	search has been made of the Florida Putative Father Registry of
1115	notices from unmarried biological fathers described in
1116	subparagraph (b)1. and that no filing has been found pertaining
1117	to the father of the child in question or, if a filing is found,
1118	stating the name of the putative father and the time and date of
1119	filing. That certificate shall be filed with the court prior to
1120	the entry of a final judgment of termination of parental rights.
1121	(d) An unmarried biological father who does not comply
1122	with each of the conditions provided in this subsection is
1123	deemed to have waived and surrendered any rights in relation to
1124	the child, including the right to notice of any judicial
1125	proceeding in connection with the adoption of the child, and his
1126	consent to the adoption of the child is not required.
1127	(3)(a) Pursuant to chapter 48, an adoption entity may
1128	serve upon any unmarried biological father identified by the
1129	mother or identified by a diligent search of the Florida
1130	Putative Father Registry, or upon an entity whose consent is
1131	required, a notice of intended adoption plan at any time prior
1132	to the placement of the child in the adoptive home, including
1133	prior to the birth of the child. The notice of intended adoption
1134	plan must specifically state that if the unmarried biological
1135	father desires to contest the adoption plan, he must file with
1136	the court, within 30 days after service, a verified response
1137	that contains a pledge of commitment to the child in substantial
1138	compliance with subparagraph (2)(b)2. The notice of intended
1139	adoption plan shall notify the unmarried biological father that
1140	he must file a claim of paternity form with the Office of Vital
1141	Statistics within 30 days after service upon him and must
1142	provide the adoption entity with a copy of the verified response
1143	filed with the court and the claim of paternity form filed with
1144	the Office of Vital Statistics. If the party served with the
1145	notice of intended adoption plan is an entity, the entity must
1146	file, within 30 days after service, a verified response setting
1147	forth a legal basis for contesting the intended adoption plan,
1148	specifically addressing the best interest of the child. If the
1149	unmarried biological father or entity whose consent is required
1150	fails to properly file a verified response with the court and,
1151	in the case of an unmarried biological father, a claim of
1152	paternity form with the Office of Vital Statistics within 30
1153	days after service upon that unmarried biological father or
1154	entity whose consent is required, the consent of that unmarried
1155	biological father or entity shall no longer be required under
1156	this chapter and that party shall be deemed to have waived any
1157	claim of rights to the child. Each notice of intended adoption
1158	plan served upon an unmarried biological father must include
1159	instructions as to the procedure the unmarried biological father
1160	must follow to submit a claim of paternity form to the Office of
1161	Vital Statistics and the address to which the registration must
1162	be directed.
1163	(b) If the birth mother identifies a man who she believes
1164	is the unmarried biological father of her child, the adoption
1165	entity may provide a notice of intended adoption plan pursuant
1166	to paragraph (a). If the mother identifies a potential unmarried
1167	biological father whose location is unknown, the adoption entity
1168	shall conduct a diligent search pursuant to s. 63.088. If, upon
1169	completion of a diligent search, the potential unmarried
1170	biological father's location remains unknown and a search of the
1171	Florida Putative Father Registry fails to reveal a match, the
1172	adoption entity shall request in the petition for termination of
1173	parental rights pending adoption that the court declare the
1174	diligent search to be in compliance with s. 63.088 and to
1175	further declare that the adoption entity shall have no further
1176	obligation to provide notice to the potential unmarried
1177	biological father and that the potential unmarried biological
1178	father's consent to the adoption shall not be required.
1179	(4)(2) Any person whose consent is required under
1180	paragraphs (1)(c)-(e)paragraph (1)(c) or paragraph (1)(d)may
1181	execute an irrevocableaffidavit of nonpaternity in lieu of a
1182	consent under this section and by doing so waives notice to all
1183	court proceedings after the date of execution. An affidavit of
1184	nonpaternity must be executed as provided in s. 63.082. The
1185	affidavit of nonpaternity may be executed prior to the birth of
1186	the child.The person executing the affidavit must receive
1187	disclosure under s. 63.085 prior to signing the affidavit.
1188	(5)(3)A person who signs a consent to adoption or an
1189	affidavit of nonpaternity must be given reasonable notice of his
1190	or her right to select a person who does not have an employment,
1191	professional, or personal relationship with the adoption entity
1192	or the prospective adoptive parents to be present when the
1193	consent to adoption or affidavit of nonpaternity is executed and
1194	to sign the consent or affidavit as a witness.
1195	(4) An affidavit of nonpaternity must be in substantially
1196	the following form:
1197
1198	AFFIDAVIT OF NONPATERNITY
1199
1200	1. I have personal knowledge of the facts stated in this
1201	affidavit.
1202	2. I have been told that ____ has a child. I shall not
1203	establish or claim paternity for this child, whose name is ____
1204	and whose date of birth is ____.
1205	3. The child referenced in this affidavit was not
1206	conceived or born while the birth mother was married to me. I AM
1207	NOT MARRIED TO THE BIRTH MOTHER, nor do I intend to marry the
1208	birth mother.
1209	4. With respect to the child referenced in this
1210	affidavit, I have not provided the birth mother with child
1211	support or prebirth support; I have not provided her with
1212	prenatal care or assisted her with medical expenses; I have not
1213	provided the birth mother or her child or unborn child with
1214	support of any kind, nor do I intend to do so.
1215	5. I have no interest in assuming the responsibilities of
1216	parenthood for this child. I will not acknowledge in writing
1217	that I am the father of this child or institute court
1218	proceedings to establish the child as mine.
1219	6. I do not object to any decision or arrangements ____
1220	makes regarding this child, including adoption.
1221	7. I have been told of my right to choose a person who
1222	does not have an employment, professional, or personal
1223	relationship with the adoption entity or the prospective
1224	adoptive parents to be present when this affidavit is executed
1225	and to sign it as a witness.
1226
1227	I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO TERMINATE PARENTAL
1228	RIGHTS OR FINALIZE AN ADOPTION UNDER CHAPTER 63, FLORIDA
1229	STATUTES.
1230
1231	(5) The court may require that consent be executed by:
1232	(a) Any person lawfully entitled to custody of the minor;
1233	or
1234	(b) The court having jurisdiction to determine custody of
1235	the minor, if the person having physical custody of the minor
1236	has no authority to consent to the adoption.
1237	(6) The petitioner must make good faith and diligent
1238	efforts as provided under s. 63.088 to notify, and obtain
1239	written consent from, the persons required to consent to
1240	adoption under this section.
1241	(7) If parental rights to the minor have previously been
1242	terminated, the adoption entitya licensed child-placing agency,
1243	a child-caring agency registered under s. 409.176, or the
1244	departmentwith which the minor has been placed for subsequent
1245	adoption may provide consent to the adoption. In such case, no
1246	other consent is required.
1247	(8) A petition to adopt an adult may be granted if:
1248	(a) Written consent to adoption has been executed by the
1249	adult and the adult's spouse, if any.
1250	(b) Written notice of the final hearing on theconsent to
1251	adoption has been provided toexecuted bythe parents, if any,
1252	or proof of service of process has been filed, showing notice
1253	has been served on the parents as provided in this chapter.
1254	(9)(a)A petition for termination of parental rights shall
1255	be filed in the appropriate county as determined under s.
1256	63.087(2). If the parent or parents whose rights are to be
1257	terminated object to venue in the county where the action was
1258	filed, the court may transfer the action to the county where the
1259	objecting parent or parents reside, unless the objecting parent
1260	has previously executed a waiver of venue.In cases involving a
1261	child younger than 6 months of age in which venue for the
1262	termination of parental rights may be located in a county other
1263	than where the parent whose rights are to be terminated resides,
1264	the adoption entity must obtain, from any party executing an
1265	affidavit of nonpaternity or consent, a waiver of venue, which
1266	must be filed with the petition and must be in substantially the
1267	following form:
1268
1269	WAIVER OF VENUE
1270
1271	I understand that I have the right to require that the Petition
1272	to terminate my parental rights be filed in the county where I
1273	reside. I waive such right so that the Petition to Terminate
1274	Parental Rights may be filed by . . . (adoption entity) . . .
1275	in . . . (county name) . . . County, Florida.
1276
1277	I understand that, after signing this waiver, I may object to
1278	the county where the proceedings to terminate my parental rights
1279	will be held by appearing at the hearing or by filing a written
1280	objection, on the attached form, with the Clerk of the Court who
1281	is located at . . . (address of court) . . . . If I later
1282	object to this transfer of venue, the case will be transferred
1283	to a county in Florida in which I reside if I intend to assert
1284	legally recognized grounds to contest a termination of parental
1285	rights. If I have no such residence, the case will be
1286	transferred to a county where another parent resides or where at
1287	least one parent resided at the time of signing a consent or
1288	affidavit of nonpaternity.
1289
1290	(10)(b)1.The waiver of venue must be a separate document
1291	containing no consents, disclosures, or other information
1292	unrelated to venue.
1293	2. Adoption entities must attach to the waiver of venue a
1294	form that the parent whose rights are to be terminated may use
1295	to request a transfer of venue for the proceeding. This form
1296	must contain the intended caption of the action for termination
1297	of parental rights and information identifying the child which
1298	will be sufficient for the clerk to properly file the form upon
1299	receipt.
1300	3. This form must include a notice that if an adoption
1301	entity knows that a parent whose rights will be terminated
1302	intends to object to the termination but intentionally files the
1303	petition for termination of parental rights in a county which is
1304	not consistent with the required venue under such circumstances,
1305	the adoption entity shall be responsible for the attorney's fees
1306	of the parent contesting the transfer of venue.
1307	Section 13. Section 63.063, Florida Statutes, is created
1308	to read:
1309	63.063 Responsibility of each party for their own actions;
1310	fraud or misrepresentation; statutory compliance.--
1311	(1) Each parent of a child conceived or born outside of
1312	marriage is responsible for his or her own actions and is not
1313	excused from compliance with the provisions of this chapter
1314	based upon any action, statement, or omission of the other
1315	parent or a third party, except as provided in s. 63.062(2)(a).
1316	(2) Any person injured by a fraudulent representation or
1317	action in connection with an adoption is entitled to pursue
1318	civil or criminal penalties as provided by law. A fraudulent
1319	representation is not a defense to compliance with the
1320	requirements of this chapter and is not a basis for dismissing a
1321	petition for termination of parental rights or a petition for
1322	adoption, for vacating an adoption decree, or for granting
1323	custody to the offended party. Custody and adoption
1324	determinations shall be based on the best interest of the child
1325	in accordance with s. 61.13.
1326	(3) The Legislature finds no way to remove all risk of
1327	fraud or misrepresentation in adoption proceedings and has
1328	provided a method for absolute protection of an unmarried
1329	biological father's rights by compliance with the provisions of
1330	this chapter. In balancing the rights and interests of the state
1331	and of all parties affected by fraud, including the child, the
1332	adoptive parents, and the unmarried biological father, the
1333	Legislature has determined that the unmarried biological father
1334	is in the best position to prevent or ameliorate the effects of
1335	fraud and, therefore, has the burden of preventing fraud.
1336	(4) The Legislature finds that an unmarried biological
1337	father who resides in another state may not, in every
1338	circumstance, be reasonably presumed to know of and comply with
1339	the requirements of this chapter. Therefore, if all of the
1340	following requirements have been met, an unmarried biological
1341	father may contest a termination of parental rights or
1342	subsequent adoption and, prior to entry of the final judgment of
1343	adoption, assert his interest in the child. Following such
1344	assertion, the court may, in its discretion, proceed with an
1345	evidentiary hearing if:
1346	(a) The unmarried biological father resides and has
1347	resided in another state where the unmarried mother was also
1348	located or resided.
1349	(b) The unmarried mother left that state without notifying
1350	or informing the unmarried biological father that she could be
1351	located in the State of Florida.
1352	(c) The unmarried biological father has, through every
1353	reasonable means, attempted to locate the mother but does not
1354	know or have reason to know that the mother is residing in the
1355	State of Florida.
1356	(d) The unmarried biological father has substantially
1357	complied with the requirements of the state where the mother
1358	previously resided or was located in order to protect and
1359	preserve his parental interest and rights with regard to the
1360	child.
1361	Section 14. Section 63.064, Florida Statutes, is created
1362	to read:
1363	63.064 Persons whose consent to an adoption may be
1364	waived.--The court may waive the consent of the following
1365	individuals to an adoption:
1366	(1) A parent who has deserted a child without means of
1367	identification or who has abandoned a child.
1368	(2) A parent whose parental rights have been terminated by
1369	order of a court of competent jurisdiction.
1370	(3) A parent who has been judicially declared incompetent
1371	and for whom restoration of competency is medically improbable.
1372	(4) A legal guardian or lawful custodian of the person to
1373	be adopted, other than a parent, who has failed to respond in
1374	writing to a request for consent for a period of 60 days or who,
1375	after examination of his or her written reasons for withholding
1376	consent, is found by the court to be withholding his or her
1377	consent unreasonably.
1378	(5) The spouse of the person to be adopted, if the failure
1379	of the spouse to consent to the adoption is excused by reason of
1380	prolonged and unexplained absence, unavailability, incapacity,
1381	or circumstances that are found by the court to constitute
1382	unreasonable withholding of consent.
1383	Section 15. Section 63.082, Florida Statutes, is amended
1384	to read:
1385	63.082 Execution of consent to adoption or affidavit of
1386	nonpaternity; family social and medical history; withdrawal of
1387	consent.--
1388	(1)(a)Consent to an adoption or an affidavit of
1389	nonpaternity shall be executed as follows:
1390	1.(a)If by the person to be adopted, by oral or written
1391	statement in the presence of the court or by being acknowledged
1392	before a notary public and in the presence of two witnesses.
1393	2.(b)If by an agency, by affidavit from its authorized
1394	representative.
1395	3.(c)If by any other person, in the presence of the court
1396	or by affidavit acknowledged before a notary public and in the
1397	presence of two witnesses.
1398	4.(d)If by a court, by an appropriate order or
1399	certificate of the court.
1400	(b) A minor parent has the power to consent to the
1401	adoption of his or her child and has the power to relinquish his
1402	or her control or custody of the child to an adoption entity.
1403	Such consent or relinquishment is valid and has the same force
1404	and effect as a consent or relinquishment executed by an adult
1405	parent. A minor parent, having executed a consent or
1406	relinquishment, may not revoke that consent upon reaching the
1407	age of majority or otherwise becoming emancipated.
1408	(c) A consent or an affidavit of nonpaternity executed by
1409	a minor parent who is 14 years of age or younger must be
1410	witnessed by a parent, legal guardian, or court-appointed
1411	guardian ad litem.
1412	(d) The notice and consent provisions of this chapter as
1413	they relate to the birth of a child or to legal fathers do not
1414	apply in cases in which the child is conceived as a result of a
1415	violation of the criminal laws of this state, including, but not
1416	limited to, sexual battery, lewd acts perpetrated upon a minor,
1417	or incest.
1418	(2) A consent that does not name or otherwise identify the
1419	adopting parent is valid if the consent contains a statement by
1420	the person consenting that the consent was voluntarily executed
1421	and that identification of the adopting parent is not required
1422	for granting the consent.
1423	(3)(a) The department must provide a consent form anda
1424	family social and medical history form to an adoption entity
1425	that intends to place a child for adoption. Forms containing, at
1426	a minimum, the same information as the forms promulgated by the
1427	department must be attached to the petition to terminate
1428	parental rights pending adoption and must contain such
1429	biological and sociological information or suchinformation as
1430	to the family medical history,regarding the minor and the
1431	parents, as is required by the department. This form is not
1432	required for adoptions of relatives, adult adoptions, or
1433	adoptions of stepchildren, unless parental rights are being or
1434	were terminated pursuant to chapter 39. The information must be
1435	filed with the court in the termination of parental rights
1436	proceedingincorporated into the final home investigation report
1437	specified in s. 63.125.
1438	(b) A good faith and diligent effort must be made to have
1439	each parent whose identity is known and whose consent is
1440	requiredEach parent must beinterviewed by a representative of
1441	the adoption entitydepartment, a licensed child-placing agency,
1442	or a licensed professional, pursuant to s. 63.092,before the
1443	consent is executed, unless the parent cannot be located or
1444	identified. A summary of each interview, or a statement that the
1445	parent is unidentified, unlocated, or unwilling or unavailable
1446	to be interviewedunlocated or unidentified, must be filed with
1447	the petition to terminate parental rights pending adoption and
1448	included in the final home investigation report filed under s.
1449	63.125. The interview may be excused by the court for good
1450	cause. This interview is not required for adoptions of
1451	relatives, adult adoptions, or adoptions of stepchildren, unless
1452	parental rights are being or were terminated pursuant to chapter
1453	39.
1454	(b) Consent executed by an appropriate order or
1455	certificate of the court if executed under s. 63.062(5)(b) must
1456	be attached to the petition to terminate parental rights pending
1457	adoption.
1458	(c) If any person who is required to consent or social and
1459	medical history is unavailable because the person whose consent
1460	is required cannot be located or identified, the petition to
1461	terminate parental rights pending adoption must be accompanied
1462	by the affidavit of diligent search required under s. 63.088.
1463	(d) If any person who is required to consent is
1464	unavailable because the person is deceased, the petition to
1465	terminate parental rights pending adoption must be accompanied
1466	by a certified copy of the death certificate. In an adoption of
1467	a stepchild or a relative, the certified copy of the death
1468	certificate of the person whose consent is required must be
1469	attached to the petition for adoption.
1470	(4)(a) An affidavit of nonpaternity may be executed before
1471	the birth of the minor; however, the consent to an adoption or
1472	affidavit of nonpaternityshall not be executed before the birth
1473	of the minor.
1474	(b) A consent to the adoption of a minor who is to be
1475	placed for adoption with identified prospective adoptive parents
1476	under s. 63.052, upon the minor's release from a licensed
1477	hospital or birth center following birth, shall not be executed
1478	by the birth mothersooner than 48 hours after the minor's birth
1479	or the day the birth mother has been notified in writing, either
1480	on her patient chart or in release paperwork, that she is fit to
1481	be released from thealicensed hospital or birth center,
1482	whichever is earlier. A consent by a biological father or legal
1483	father may be executed at any time after the birth of the child.
1484	A consent executed under this paragraph is valid upon execution
1485	and may be withdrawn only if the court finds that it was
1486	obtained by fraud or under duress. The waiting period provided
1487	in this paragraph does not apply in any case in which the
1488	revocation period in paragraph (c) applies.
1489	(c) When the minor to be adopted is older than 6 months of
1490	age at the time of the execution of the consentnot placed
1491	pursuant to s. 63.052 upon the minor's release from a licensed
1492	hospital or birth center following birth, the consent to
1493	adoption may be executed at any time after the birth of the
1494	minor. While such consent is valid upon execution; however, it
1495	is subject to athe 3-day revocation period under subsection (7)
1496	or may be revoked at any time prior to the placement of the
1497	minor with the prospective adoptive parents, whichever is later.
1498	If a consent has been executed, this subsection may not be
1499	construed to provide a birth parent with more than 3 days to
1500	revoke thethatconsent once the child has been placed with the
1501	prospective adoptive parents. The revocation period provided in
1502	this paragraph does not apply in any case in which the waiting
1503	period in paragraph(b) applies.
1504	(d) The consent to adoption or the affidavit of
1505	nonpaternity must be signed in the presence of two witnesses and
1506	be acknowledged before a notary public who is not signing as one
1507	of the witnesses. The notary public must legibly note on the
1508	consent or the affidavit the date and time of execution. The
1509	witnesses' names must be typed or printed underneath their
1510	signatures. The witnesses' home or business addresses and social
1511	security numbers, driver's license numbers, or state
1512	identification card numbers must be included. The absence of a
1513	social security number, driver's license number, or state
1514	identification card number shall not invalidate the consent.The
1515	person who signs the consent or the affidavit has the right to
1516	have at least one of the witnesses be an individual who does not
1517	have an employment, professional, or personal relationship with
1518	the adoption entity or the prospective adoptive parents. The
1519	adoption entity must give reasonable notice to the person
1520	signing the consent or affidavit of the right to select a
1521	witness of his or her own choosing. The person who signs the
1522	consent or affidavit must acknowledge in writing on the consent
1523	or affidavit that such notice was given and indicate the
1524	witness, if any, who was selected by the person signing the
1525	consent or affidavit. The adoption entity must include its name,
1526	address, and telephone number on the consent to adoption or
1527	affidavit of nonpaternity.
1528	(e) A consent to adoption being executed by the birth
1529	parent must becontain, in at least 12-point16-pointboldfaced
1530	type, an acknowledgment of the parent's rightsin substantially
1531	the following form:
1532
1533	CONSENT TO ADOPTION
1534
1535	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
1536	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
1537	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
1538	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
1539	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
1540	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
1541	WITNESSES YOU SELECTED, IF ANY.
1542
1543	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
1544	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
1545	CONSENT:
1546
1547	1. CONSULT WITH AN ATTORNEY;
1548	2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
1549	LEGALLY PROHIBITED;
1550	3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
1551	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
1552	4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
1553	PROHIBITED; AND
1554	5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
1555	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
1556
1557	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
1558	YOUR CHILD. YOUR CONSENT IS VALID,AND BINDING, AND IRREVOCABLE
1559	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCESUNLESS WITHDRAWN AS
1560	PERMITTED BY LAW. IF YOU ARE GIVING UP YOUR RIGHTS TO A NEWBORN
1561	CHILD WHO IS TO BE IMMEDIATELY PLACED FOR ADOPTION WITH
1562	IDENTIFIED PROSPECTIVE ADOPTIVE PARENTSUPON THE CHILD'S RELEASE
1563	FROM A LICENSED HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, A
1564	WAITING PERIOD WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE SHE
1565	YOU MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH MOTHERYOUMUST
1566	WAIT 48 HOURS FROM THE TIME OF BIRTH, OR UNTIL THE DAYTHE BIRTH
1567	MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT CHART
1568	OR IN RELEASE PAPERS, THAT SHE IS FIT TO BE RELEASED FROM A
1569	LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS SOONER, BEFORE
1570	YOU MAY SIGN THE CONSENT FOR ADOPTION MAY BE EXECUTED. A
1571	BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
1572	BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS
1573	VALID,AND BINDING, AND IRREVOCABLEAND CANNOT BE WITHDRAWN
1574	UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR UNDER
1575	DURESS.
1576
1577	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
1578	AND YOU WISH TO REVOKE THAT CONSENTIF YOU ARE GIVING UP YOUR
1579	RIGHTS TO A CHILD WHO IS NOT PLACED FOR ADOPTION UPON THE
1580	CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER
1581	FOLLOWING BIRTH, YOU MAY SIGN THE CONSENT AT ANY TIME AFTER THE
1582	BIRTH OF THE CHILD. WHILE THE CONSENT IS VALID AND BINDING WHEN
1583	SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND. THIS TIME IS CALLED
1584	THE REVOCATION PERIOD. WHEN THE REVOCATION PERIOD APPLIES, YOU
1585	MAY WITHDRAW YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR TO
1586	THE PLACEMENT OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE
1587	PARENTS, OR IF YOU DO IT WITHIN 3 BUSINESS DAYS AFTER THE DATE
1588	YOU SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE
1589	BIRTH MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR BIRTH
1590	CENTER, WHICHEVER IS LATER.
1591
1592	TO WITHDRAW YOUR CONSENT DURING THE REVOCATION PERIOD, YOU MUST:
1593	1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
1594	YOU WISH TO WITHDRAWARE WITHDRAWING YOUR CONSENT; AND.
1595	2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
1596	OR DURESS.MAIL THE LETTER AT A UNITED STATES POST OFFICE WITHIN
1597	3 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE CONSENT OR 1
1598	BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE FROM
1599	A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER. THE
1600	TERM "BUSINESS DAY" MEANS ANY DAY ON WHICH THE UNITED STATES
1601	POSTAL SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.
1602	3. SEND THE LETTER BY CERTIFIED UNITED STATES MAIL WITH
1603	RETURN RECEIPT REQUESTED.
1604	4. PAY POSTAL COSTS AT THE TIME YOU MAIL THE LETTER.
1605	5. KEEP THE CERTIFIED MAIL RECEIPT AS PROOF THAT CONSENT
1606	WAS WITHDRAWN IN A TIMELY MANNER.
1607
1608	TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT OF THE CHILD
1609	WITH THE PROSPECTIVE ADOPTIVE PARENTS, YOU MUST NOTIFY THE
1610	ADOPTION ENTITY, IN WRITING BY CERTIFIED UNITED STATES MAIL,
1611	RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY YOU SHOULD NOTIFY
1612	IS: . . . (name of adoption entity) . . . , . . . (address of
1613	adoption entity) . . . , . . . (phone number of adoption
1614	entity) . . . .
1615
1616	ONCE THE REVOCATION PERIOD IS OVER, OR THE CHILD HAS BEEN PLACED
1617	WITH THE PROSPECTIVE ADOPTIVE PARENTS, WHICHEVER OCCURS LATER,
1618	YOU MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN PROVE IN COURT
1619	THAT CONSENT WAS OBTAINED BY FRAUD OR UNDER DURESS.
1620
1621	This statement of rights is not required for the adoption of a
1622	relative, an adult, a stepchild, or a child older than 6 months
1623	of age. A consent form for the adoption of a child older than 6
1624	months of age at the time of execution of consent must contain a
1625	statement outlining the revocation rights provided in paragraph
1626	(c).
1627	(5) Before any consent to adoption or affidavit of
1628	nonpaternity is executed by a parent, but after the birth of the
1629	minor, all requirements of disclosure under s. 63.085 must be
1630	met.
1631	(5)(6) A copy or duplicate originalof each consent signed
1632	in an action for termination of parental rights pending adoption
1633	must be provided to the person who executed the consent to
1634	adoption. The copy must be hand delivered, with a written
1635	acknowledgment of receipt signed by the person whose consent is
1636	required at the time of execution, or mailed by first class
1637	United States mail to the address of record in the court file.
1638	If a copy of a consent cannot be provided as required in this
1639	subsection, the adoption entity must execute an affidavit
1640	stating why the copy of the consent was not deliveredis
1641	undeliverable. The original consent and acknowledgment of
1642	receipt, an acknowledgment of mailing by the adoption entity, or
1643	an affidavit stating why the copy of the consent was not
1644	delivered,is undeliverablemust be filed with the petition for
1645	termination of parental rights pending adoption.
1646	(6)(a) If a birth parent executes a consent for placement
1647	of a minor with an adoption entity or qualified prospective
1648	adoptive parents and the minor child is in the custody of the
1649	department, but parental rights have not yet been terminated,
1650	the adoption consent shall be valid, binding, and enforceable by
1651	the court.
1652	(b) Upon execution of the consent of the birth parent, the
1653	adoption entity shall be permitted to intervene in the
1654	dependency case as a party in interest and shall provide the
1655	court having jurisdiction over the minor pursuant to the shelter
1656	or dependency petition filed by the department with a copy of
1657	the preliminary home study of the prospective adoptive parents
1658	and any other evidence of the suitability of the placement. The
1659	preliminary home study shall be maintained with strictest
1660	confidentiality within the dependency court file and the
1661	department's file. A preliminary home study must be provided to
1662	the court in all cases in which an adoption entity has
1663	intervened pursuant to this section.
1664	(c) Upon a determination by the court that the prospective
1665	adoptive parents are properly qualified to adopt the minor child
1666	and that the adoption appears to be in the best interest of the
1667	minor child, the court shall immediately order the transfer of
1668	custody of the minor child to the prospective adoptive parents,
1669	under the supervision of the adoption entity. The adoption
1670	entity shall thereafter provide monthly supervision reports to
1671	the department until finalization of the adoption.
1672	(d) In determining whether the best interest of the child
1673	will be served by transferring the custody of the minor child to
1674	the prospective adoptive parent selected by the birth parent,
1675	the court shall give consideration to the rights of the birth
1676	parent to determine an appropriate placement for the child, the
1677	permanency offered, the child's bonding with any potential
1678	adoptive home that the child has been residing in, and the
1679	importance of maintaining sibling relationships, if possible.
1680	(7)(a) A consent that is being withdrawn under paragraph
1681	(4)(c) may be withdrawn at any time prior to the minor's
1682	placement with the prospective adoptive parents or by notifying
1683	the adoption entity in writing by certified United States mail,
1684	return receipt requested, not later than 3 business days after
1685	execution of the consent or 1 business day after the date of the
1686	birth mother's discharge from a licensed hospital or birth
1687	center, whichever occurs later. As used in this subsection, the
1688	term "business day" means any day on which the United States
1689	Postal Service accepts certified mail for delivery.
1690	(b) Upon receiving written notice from a person of that
1691	person's desire to withdraw consent to adoption, the adoption
1692	entity must contact the prospective adoptive parent to arrange a
1693	time certain for the adoption entity to regain physical custody
1694	of the minor, unless, upon a motion for emergency hearing by the
1695	adoption entity, the court determines in written findings that
1696	placement of the minor with the person withdrawing consent may
1697	endanger the minor, or the person who desires to withdraw
1698	consent to the adoption would not be required to consent to the
1699	adoption or has been determined to have abandoned the child.
1700	(c) If the court finds that such placement may endanger
1701	the minor, the court must enter an order regarding continued
1702	placement of the minor. The order shall include, but not be
1703	limited to, whether temporary placement in foster care is
1704	appropriate, whether an investigation by the department is
1705	recommended, and whether a relative within the third degreeis
1706	available for the temporary placement.
1707	(d) If the person withdrawing consent claims to be the
1708	father of the minor but has not been established to be the
1709	father by marriage, court order, or scientific testing, the
1710	court may order scientific paternity testing and reserve ruling
1711	on removal of the minor until the results of such testing have
1712	been filed with the court.
1713	(e) The adoption entity must return the minor within 3
1714	business days after timely and propernotification of the
1715	withdrawal of consent or after the court determines that
1716	withdrawal is valid and binding upon consideration of an
1717	emergency motion, as filed pursuant to paragraph (b), to the
1718	physical custody of the person withdrawing consent or the person
1719	directed by the court. If the person seeking to validly withdraw
1720	consent claims to be the father of the minor but has not been
1721	established to be the father by marriage, court order, or
1722	scientific testing, the adoption entity may return the minor to
1723	the care and custody of the mother, if she desires such
1724	placement, and the mother is not otherwise prohibited by law
1725	from having custody of the child.
1726	(f) Following the revocation period for withdrawal of
1727	consent described in paragraph (a), or the placement of the
1728	child with the prospective adoptive parents, whichever occurs
1729	later, consent may be withdrawn only when the court finds that
1730	the consent was obtained by fraud or underduress.
1731	(g) An affidavit of nonpaternity may be withdrawn only if
1732	the court finds that the affidavit was obtained by fraud or
1733	underduress.
1734	Section 16. Section 63.085, Florida Statutes, is amended
1735	to read:
1736	63.085 Disclosure by adoption entity.--
1737	(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
1738	ADOPTIVE PARENTS.--Not later than 147days after a person
1739	seeking to adopt a minor or a person seeking to place a minor
1740	for adoption contacts an adoption entity in person or provides
1741	the adoption entity with a mailing address, the entity must
1742	provide a written disclosure statement to that person if the
1743	entity agrees or continues to work with such person. If an
1744	adoption entity is assisting in the effort to terminate the
1745	parental rights of a parent who did not initiate the contact
1746	with the adoption entity, the written disclosure must be
1747	provided within 147days after that parent is identified and
1748	located. For purposes of providing the written disclosure, a
1749	person is considered to be seeking to place a minor for adoption
1750	when that person has sought information or advice from the
1751	adoption entity regarding the option of adoptive placement. The
1752	written disclosure statement must be in substantially the
1753	following form:
1754
1755	ADOPTION DISCLOSURE
1756
1757	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
1758	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
1759	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
1760	ADOPTION UNDER FLORIDA LAW:
1761
1762	1. The name, address, and telephone number of the
1763	adoption entity providing this disclosure is:
1764	Name:_____________________________________
1765	Address:__________________________________
1766	Telephone Number:_________________________
1767	2. The adoption entity does not provide legal
1768	representation or advice to birth parents, and birth parents
1769	have the right to consult with an attorney of their own choosing
1770	to advise them.
1771	3. With the exception of an adoption by a stepparent or
1772	relative, a child cannot be placed into a prospective adoptive
1773	home unless the prospective adoptive parents have received a
1774	favorable preliminary home study, including criminal and child
1775	abuse clearances.
1776	4. A valid consent for adoption may not be signed by the
1777	birth mother until 48 hours after the birth of the child, or the
1778	day the birth mother is notified, in writing, that she is fit
1779	for discharge from the licensed hospital or birth center. A
1780	putative father may sign a valid consent for adoption at any
1781	time after the birth of the child.
1782	5. A consent for adoption signed before the child attains
1783	the age of 6 months is binding and irrevocable from the moment
1784	it is signed unless it can be proven in court that the consent
1785	was obtained by fraud or duress. A consent for adoption signed
1786	after the child attains the age of 6 months is valid from the
1787	moment it is signed; however, it may be revoked until the child
1788	is placed in an adoptive home, or up to 3 days after it was
1789	signed, whichever period is longer.
1790	6. A consent for adoption is not valid if the signature
1791	of the person who signed the consent was obtained by fraud or
1792	duress.
1793	7. There are alternatives to adoption, including foster
1794	care, relative care, and parenting the child. There may be
1795	services and sources of financial assistance in the community
1796	available to birth parents if they choose to parent the child.
1797	8. A birth parent has the right to have a witness of his
1798	or her choice, who is unconnected with the adoption entity or
1799	the adoptive parents, to be present and witness the signing of
1800	the consent or affidavit of nonpaternity.
1801	9. A birth parent 14 years of age or younger must have a
1802	parent, legal guardian, or court-appointed guardian ad litem to
1803	assist and advise the birth parent as to the adoption plan.
1804	10. A birth parent has a right to receive supportive
1805	counseling from a counselor, social worker, physician, clergy,
1806	or attorney, and such counseling would be beneficial to the
1807	birth parent.
1808	11. The payment of living or medical expenses by the
1809	prospective adoptive parents prior to the birth of the child
1810	does not, in any way, obligate the birth parent to sign the
1811	consent for adoption.
1812	1. Under section 63.102, Florida Statutes, the existence
1813	of a placement or adoption contract signed by the parent or
1814	prospective adoptive parent, prior approval of that contract by
1815	the court, or payment of any expenses permitted under Florida
1816	law does not obligate anyone to sign a consent or ultimately
1817	place a minor for adoption.
1818	2. Under sections 63.092 and 63.125, Florida Statutes, a
1819	favorable preliminary home study, before the minor may be placed
1820	in that home, and a final home investigation, before the
1821	adoption becomes final, must be completed.
1822	3. Under section 63.082, Florida Statutes, a consent to
1823	adoption or affidavit of nonpaternity may not be signed until
1824	after the birth of the minor.
1825	4. Under section 63.082, Florida Statutes, if the minor
1826	is to be placed for adoption with identified prospective
1827	adoptive parents upon release from a licensed hospital or birth
1828	center following birth, the consent to adoption may not be
1829	signed until 48 hours after birth or until the day the birth
1830	mother has been notified in writing, either on her patient chart
1831	or in release papers, that she is fit to be released from the
1832	licensed hospital or birth center, whichever is sooner. The
1833	consent to adoption or affidavit of nonpaternity is valid and
1834	binding upon execution unless the court finds it was obtained by
1835	fraud or under duress.
1836	5. Under section 63.082, Florida Statutes, if the minor
1837	is not placed for adoption with the prospective adoptive parent
1838	upon release from the hospital or birth center following birth,
1839	a 3-day revocation period applies during which consent may be
1840	withdrawn for any reason by notifying the adoption entity in
1841	writing. In order to withdraw consent, the written withdrawal of
1842	consent must be mailed at a United States Post Office no later
1843	than 3 business days after execution of the consent or 1
1844	business day after the date of the birth mother's discharge from
1845	a licensed hospital or birth center, whichever occurs later. For
1846	purposes of mailing the withdrawal of consent, the term
1847	"business day" means any day on which the United States Postal
1848	Service accepts certified mail for delivery. The letter must be
1849	sent by certified United States mail, return receipt requested.
1850	Postal costs must be paid at the time of mailing and the receipt
1851	should be retained as proof that consent was withdrawn in a
1852	timely manner.
1853	6. Under section 63.082, Florida Statutes, and
1854	notwithstanding the revocation period, the consent may be
1855	withdrawn at any time prior to the placement of the child with
1856	the prospective adoptive parent, by notifying the adoption
1857	entity in writing by certified United States mail, return
1858	receipt requested.
1859	7. Under section 63.082, Florida Statutes, if an adoption
1860	entity timely receives written notice from a person of that
1861	person's desire to withdraw consent, the adoption entity must
1862	contact the prospective adoptive parent to arrange a time
1863	certain to regain physical custody of the child. Absent a court
1864	order for continued placement of the child entered under section
1865	63.082, Florida Statutes, the adoption entity must return the
1866	minor within 3 days after notification of the withdrawal of
1867	consent to the physical custody of the person withdrawing
1868	consent. After the revocation period for withdrawal of consent
1869	ends, or after the placement of the child with the prospective
1870	adoptive parent, whichever occurs later, the consent may be
1871	withdrawn only if the court finds that the consent was obtained
1872	by fraud or under duress.
1873	8. Under section 63.082, Florida Statutes, an affidavit
1874	of nonpaternity, once executed, may be withdrawn only if the
1875	court finds that it was obtained by fraud or under duress.
1876	9. Under section 63.082, Florida Statutes, a person who
1877	signs a consent to adoption or an affidavit of nonpaternity must
1878	be given reasonable notice of his or her right to select a
1879	person who does not have an employment, professional, or
1880	personal relationship with the adoption entity or the
1881	prospective adoptive parents to be present when the consent or
1882	affidavit is executed and to sign the consent or affidavit as a
1883	witness.
1884	10. Under section 63.088, Florida Statutes, specific and
1885	extensive efforts are required by law to attempt to obtain the
1886	consents required under section 63.062, Florida Statutes. If
1887	these efforts are unsuccessful, the court may not enter a
1888	judgment terminating parental rights pending adoption until
1889	certain requirements have been met.
1890	11. Under Florida law, an intermediary may represent the
1891	legal interests of only the prospective adoptive parents. Each
1892	person whose consent to an adoption is required under section
1893	63.062, Florida Statutes, is entitled to seek independent legal
1894	advice and representation before signing any document or
1895	surrendering parental rights.
1896	12. Under section 63.182, Florida Statutes, an action or
1897	proceeding of any kind to vacate, set aside, or otherwise
1898	nullify a judgment of adoption or an underlying judgment
1899	terminating parental rights pending adoption, on any ground,
1900	including duress but excluding fraud, must be filed within 1
1901	year after entry of the judgment terminating parental rights
1902	pending adoption. Such an action or proceeding for fraud must be
1903	filed within 2 years after entry of the judgment terminating
1904	parental rights.
1905	13. Under section 63.089, Florida Statutes, a judgment
1906	terminating parental rights pending adoption is voidable and any
1907	later judgment of adoption of that minor is voidable if, upon
1908	the motion of a parent, the court finds that any person
1909	knowingly gave false information that prevented the parent from
1910	timely making known his or her desire to assume parental
1911	responsibilities toward the minor or to exercise his or her
1912	parental rights. The motion must be filed with the court that
1913	originally entered the judgment. The motion must be filed within
1914	a reasonable time, but not later than 2 years after the date the
1915	judgment to which the motion is directed was entered.
1916	14. Under section 63.165, Florida Statutes, the State of
1917	Florida maintains a registry of adoption information.
1918	Information about the registry is available from the Department
1919	of Children and Family Services.
1920	15. Under section 63.032, Florida Statutes, a court may
1921	find that a parent has abandoned his or her child based on
1922	conduct during the pregnancy or based on conduct after the child
1923	is born. In addition, under section 63.089, Florida Statutes,
1924	the failure of a parent to respond to notices of proceedings
1925	involving his or her child shall result in termination of
1926	parental rights of a parent. A lawyer can explain what a parent
1927	must do to protect his or her parental rights. Any parent
1928	wishing to protect his or her parental rights should act
1929	IMMEDIATELY.
1930	16. Each parent and prospective adoptive parent is
1931	entitled to independent legal advice and representation.
1932	Attorney information may be obtained from the yellow pages, The
1933	Florida Bar's lawyer referral service, and local legal aid
1934	offices and bar associations.
1935	17. Counseling services may be helpful while making a
1936	parenting decision. Consult the yellow pages of the telephone
1937	directory.
1938	18. Medical and social services support is available if
1939	the parent wishes to retain parental rights and
1940	responsibilities. Consult the Department of Children and Family
1941	Services.
1942	19. Under section 63.039, Florida Statutes, an adoption
1943	entity has certain legal responsibilities and may be liable for
1944	damages to persons whose consent to an adoption is required or
1945	to prospective adoptive parents for failing to materially meet
1946	those responsibilities. Damages may also be recovered from an
1947	adoption entity if a consent to adoption or affidavit of
1948	nonpaternity is obtained by fraud or under duress attributable
1949	to an adoption entity.
1950	20. Under section 63.097, Florida Statutes, reasonable
1951	living expenses of the birth mother may be paid by the
1952	prospective adoptive parents and the adoption entity only if the
1953	birth mother is unable to pay due to unemployment,
1954	underemployment, or disability. The law also allows payment of
1955	reasonable and necessary medical expenses, expenses necessary to
1956	comply with the requirements of chapter 63, Florida Statutes,
1957	court filing expenses, and costs associated with advertising.
1958	Certain documented legal, counseling, and other professional
1959	fees may be paid. Prior approval of the court is not required
1960	until the cumulative total of amounts permitted exceeds $2,500
1961	in legal or other fees, $500 in court costs, $3,000 in expenses,
1962	or $1,500 in cumulative expenses incurred prior to the date the
1963	prospective adoptive parent retains the adoption entity. The
1964	following fees, costs, and expenses are prohibited:
1965	a. Any fee or expense that constitutes payment for
1966	locating a minor for adoption.
1967	b. Any lump-sum payment to the entity which is
1968	nonrefundable directly to the payor or which is not itemized on
1969	the affidavit.
1970	c. Any fee on the affidavit which does not specify the
1971	service that was provided and for which the fee is being
1972	charged, such as a fee for facilitation or acquisition.
1973
1974	The court may reduce amounts charged or refund amounts that have
1975	been paid if it finds that these amounts were more than what was
1976	reasonable or allowed under the law.
1977	21. Under section 63.132, Florida Statutes, the adoption
1978	entity and the prospective adoptive parents must sign and file
1979	with the court a written statement under oath listing all the
1980	fees, expenses, and costs made, or agreed to be made, by or on
1981	behalf of the prospective adoptive parents and any adoption
1982	entity in connection with the adoption. The affidavit must state
1983	whether any of the expenses were eligible to be paid for by any
1984	other source.
1985	22. Under section 63.132, Florida Statutes, the court
1986	order approving the money spent on the adoption must be separate
1987	from the judgment making the adoption final. The court may
1988	approve only certain costs and expenses allowed under section
1989	63.097, Florida Statutes. The court may approve only fees that
1990	are allowed under law and that it finds to be "reasonable." A
1991	good idea of what is and is not allowed to be paid for in an
1992	adoption can be determined by reading sections 63.097 and
1993	63.132, Florida Statutes.
1994
1995	(2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
1996	must obtain a written statement acknowledging receipt of the
1997	disclosure required under subsection (1) and signed by the
1998	persons receiving the disclosure or, if it is not possible to
1999	obtain such an acknowledgment, the adoption entity must execute
2000	an affidavit stating why an acknowledgment could not be
2001	obtained. If the disclosure was delivered by certified United
2002	States mail, return receipt requested, a return receipt signed
2003	by the person from whom acknowledgment is required is sufficient
2004	to meet the requirements of this subsection. A copy of the
2005	acknowledgment of receipt of the disclosure must be provided to
2006	the person signing it. A copy of the acknowledgment or
2007	affidavit executed by the adoption entity in lieu of the
2008	acknowledgment must be maintained in the file of the adoption
2009	entity. The original acknowledgment or affidavit must be filed
2010	with the court. In the case of a disclosure provided under
2011	subsection(1), the original acknowledgment or affidavit must be
2012	included in the preliminary home study required in s. 63.092.
2013	(3) POSTBIRTH DISCLOSURE TO PARENTS.--Before execution of
2014	any consent to adoption by a parent, but after the birth of the
2015	minor, all requirements of subsections (1) and (2) for making
2016	certain disclosures to a parent and obtaining a written
2017	acknowledgment of receipt must be repeated.
2018	(3)(4)REVOCATION OF CONSENT.--Failure to meet the
2019	requirements of subsection (1) or subsection (2)subsections
2020	(1)-(3)does not constitute grounds for revocation of a consent
2021	to adoption or withdrawal of an affidavit of nonpaternity unless
2022	the extent and circumstances of such a failure result in a
2023	material failure of fundamental fairness in the administration
2024	of due process, or the failure constitutes or contributes
2025	materially to fraud or duress in obtaining a consent to adoption
2026	or affidavit of nonpaternity.
2027	Section 17. Section 63.087, Florida Statutes, is amended
2028	to read:
2029	63.087 Proceeding to terminate parental rights pending
2030	adoption; general provisions.--
2031	(1) INTENT.--It is the intent of the Legislature that a
2032	court determine whether a minor is legally available for
2033	adoption through a separate proceeding terminating parental
2034	rights prior to the filing of a petition for adoption.
2035	(2) GOVERNING RULES.--The Florida Family Law Rules of
2036	Procedure govern a proceeding to terminate parental rights
2037	pending adoption unless otherwise provided by law.
2038	(1)(3)JURISDICTION.--A court of this state which is
2039	competent to decide child welfare or custody matters has
2040	jurisdiction to hear all matters arising from a proceeding to
2041	terminate parental rights pending adoption. All subsequent
2042	proceedings for the adoption of the minor, if the petition for
2043	termination is granted, must be conducted by the same judge who
2044	conducted the termination proceedings, if that judge is still
2045	available within the division of the court which conducts
2046	termination or adoption cases or, if that judge is unavailable,
2047	by another judge within the division.
2048	(2)(4)VENUE.--
2049	(a) A petition to terminate parental rights pending
2050	adoption must be filed:
2051	1. In the county where the child residesresided for the
2052	previous 6 months;
2053	2. If the child does not reside in the State of Florida,
2054	in the county where the adoption entity is locatedis younger
2055	than 6 months of age or has not continuously resided in one
2056	county for the previous 6 months, in the county where the parent
2057	resided at the time of the execution of the consent to adoption
2058	or the affidavit of nonpaternity;
2059	3. If the child is younger than 6 months of age and a
2060	waiver of venue has been obtained pursuant to s. 63.062In the
2061	county where the adoption entity is located or, if the adoption
2062	entity has more than one place of business, in the county which
2063	is located in closest proximity to the county in which the
2064	parent whose rights are to be terminated resided at the time of
2065	execution of the consent or affidavit of nonpaternity;
2066	4. If there is no consent or affidavit of nonpaternity
2067	executed by a parent, in the county where the birth mother
2068	resides; or
2069	4.5.If neither parent resides in the state, in the county
2070	where the adoption entity is located. The fact of the minor's
2071	presence within the state confers jurisdiction on the court in
2072	proceedings in the minor's case under this chapter, or to a
2073	parent or guardian if due notice has been given.
2074	(b) If a petition for termination of parental rights has
2075	been filed and a parent whose rights are to be terminated
2076	objects to venue, there must be a hearing in which the court
2077	shall determine whether that parent intends to assert legally
2078	recognized grounds to contest a termination of parental rights
2079	and, if so, the court shall immediately transfer venue to the
2080	county where that parent resides or resided at the time of the
2081	execution of the consent, if there is such a county, or, if not,
2082	a county where:
2083	1. At least one parent whose rights are to be terminated
2084	resides;
2085	2. At least one parent resided at the time of execution of
2086	a consent or affidavit of nonpaternity; or
2087	3. The adoption entity is located, if neither subparagraph
2088	1. nor subparagraph 2. applies.
2089
2090	For purposes of selecting venue, the court shall consider the
2091	ease of access to the court for the parent who intends to
2092	contest a termination of parental rights.
2093	(c) If there is a transfer of venue, the court may
2094	determine which party shallthe adoption entity or the
2095	petitioner mustbear the cost of venue transfer.
2096
2097	For purposes of the hearing under this subsection, witnesses
2098	located in another jurisdiction may testify by deposition or
2099	testify by telephone, audiovisual means, or other electronic
2100	means before a designated court or at another location.
2101	Documentary evidence transmitted from another location by
2102	technological means that do not produce an original writing may
2103	not be excluded from evidence on an objection based on the means
2104	of transmission. The court on its own motion may otherwise
2105	prescribe the manner in which and the terms upon which the
2106	testimony is taken.
2107	(3)(5)PREREQUISITE FOR ADOPTION.--A petition for adoption
2108	may not be filed until 30 days after the date the court enters
2109	judge signedthe judgment terminating parental rights pending
2110	adoption under this chapter or, unless the adoptee is an adult
2111	or the minor has been the subject of a judgment terminating
2112	parental rights under chapter 39. Adoptions of relatives, adult
2113	adoptions, or adoptions of stepchildren shall not be required to
2114	file a separate termination of parental rights proceeding
2115	pending adoption. In such cases, all required consents,
2116	affidavits, notices, and acknowledgements shall be attached to
2117	the petition for adoption or filed separately in the adoption
2118	proceeding.
2119	(4)(6)PETITION.--
2120	(a) A proceeding seeking to terminate parental rights
2121	pending adoption pursuant to this chapter must be initiated by
2122	the filing of an original petition after the birth of the minor.
2123	(b) The petition may be filed by a parent or person having
2124	physicallegalcustody of the minor. The petition may be filed
2125	by an adoption entity only if a parent or person having physical
2126	orlegal custody who has executed a consent to adoption pursuant
2127	to s. 63.082 also consents in writing to the adoptionentity
2128	filing the petition. The original of such consent must be filed
2129	with the petition.
2130	(c) The petition must be entitled: "In the Matter of the
2131	Termination of Parental Rights for the Proposed Adoption of a
2132	Minor Child."
2133	(d) A petition to terminate parental rights must be
2134	consolidated with a previously filed petition for a declaratory
2135	statement filed under s. 63.102. Only one filing fee may be
2136	assessed for both the termination of parental rights and
2137	declaratory statement petitions.
2138	(d)(e)The petition to terminate parental rights pending
2139	adoption must be in writing and signed by the petitioner under
2140	oath stating the petitioner's good faith in filing the petition.
2141	A written consent to adoption, affidavit of nonpaternity, or
2142	affidavit of diligent search under s. 63.088, for each person
2143	whose consent to adoption is required under s. 63.062, must be
2144	executed and attached.
2145	(e)(f)The petition must include:
2146	1. The minor's name, gender, date of birth, and place of
2147	birth. The petition must contain all names by which the minor is
2148	or has been known, excluding the minor's prospective adoptive
2149	name but including the minor's legal name at the time of the
2150	filing of the petition, to allow interested parties to the
2151	action, including parents, persons having legal custody of the
2152	minor, persons with custodial or visitation rights to the minor,
2153	and persons entitled to notice pursuant to the Uniform Child
2154	Custody Jurisdiction Act or the Indian Child Welfare Act, to
2155	identify their own interest in the action. In the case of an
2156	infant child whose adoptive name appears on the original birth
2157	certificate, the adoptive name shall not be included in the
2158	petition, nor shall it be included elsewhere in the termination
2159	of parental rights proceeding.
2160	2. If the petition is filed before the day the minor is 6
2161	months old and if the identity or location of the father is
2162	unknown, each city in which the mother resided or traveled, in
2163	which conception may have occurred, during the 12 months before
2164	the minor's birth, including the county and state in which that
2165	city is located.
2166	3. Unless a consent to adoption or affidavit of
2167	nonpaternity executed by each person whose consent is required
2168	under s. 63.062 is attached to the petition, the name and the
2169	city of residence, including the county and state in which that
2170	city is located, of:
2171	a. The minor's mother;
2172	b. Any man who the mother reasonably believes may be the
2173	minor's father; and
2174	c. Any person who has legal custody, as defined in s.
2175	39.01, of the minor.
2176
2177	If a required name or address is not known, the petition must so
2178	state.
2179	2.4.All information required by the Uniform Child Custody
2180	Jurisdiction Act and the Indian Child Welfare Act.
2181	3.5.A statement of the grounds under s. 63.089 upon which
2182	the petition is based.
2183	4.6.The name, address, and telephone number of any
2184	adoption entity seeking to place the minor for adoption.
2185	5.7.The name, address, and telephone number of the
2186	division of the circuit court in which the petition is to be
2187	filed.
2188	6.8.A certification of compliance with the requirements
2189	of s. 63.0425 regarding notice to grandparents of an impending
2190	adoption.
2191	(5) SUMMONS TO BE ISSUED.--The petitioner shall cause a
2192	summons to be issued substantially in the form provided in Form
2193	1.902, Florida Rules of Civil Procedure. Petition and summons
2194	shall be served upon any person whose consent has been provided
2195	but who has not waived service of the pleadings and notice of
2196	the hearing thereon and also upon any person whose consent is
2197	required but who has not provided that consent.
2198	(6)(7) ANSWER NOTREQUIRED.--An answer to the petition or
2199	any pleading requiring an answer shallneed not be filed in
2200	accordance with the Florida Rules of Civil Procedureby any
2201	minor, parent, or person having legal custody of the minor, but
2202	any matter that might be set forth in an answer or other
2203	pleading may be pleaded orally before the court or filed in
2204	writing. However,Failure to file a written response or to
2205	appear at the hearing on the petition constitutes grounds upon
2206	which the court may terminate parental rights. The petitioner
2207	shall provide notice of the final hearing by United States mail
2208	to any person who has been served with the summons and petition
2209	for termination of parental rights within the specified time
2210	periods.Notwithstanding the filing of any answer or any
2211	pleading, any person present at the hearing to terminate
2212	parental rights pending adoption whose consent to adoption is
2213	required under s. 63.062 must:
2214	(a) Be advised by the court that he or she has a right to
2215	ask that the hearing be reset for a later date so that the
2216	person may consult with an attorney; and
2217	(b) Be given an opportunity to deny the allegations in the
2218	petition; and
2219	(c) Be given the opportunity to challenge the validity of
2220	any consent or affidavit of nonpaternity signed by any person.
2221	Section 18. Section 63.088, Florida Statutes, is amended
2222	to read:
2223	63.088 Proceeding to terminate parental rights pending
2224	adoption; notice and service; diligent search.--
2225	(1) NOTICE REQUIRED.--An unmarried biological father, by
2226	virtue of the fact that he has engaged in a sexual relationship
2227	with a woman, is deemed to be on notice that a pregnancy and an
2228	adoption proceeding regarding that child may occur and that he
2229	has a duty to protect his own rights and interest. He is,
2230	therefore, entitled to notice of a birth or adoption proceeding
2231	with regard to that child only as provided in this chapter.
2232	(2)(1) INITIATE LOCATION AND IDENTIFICATION
2233	PROCEDURES.--When the location or identityof a person whose
2234	consent to an adoption is required but is not known, the
2235	adoption entity must begin the inquiry and diligent search
2236	process required by this section within a reasonable time period
2237	not later than 7 daysafter the date on which the person seeking
2238	to place a minor for adoption has evidenced in writing to the
2239	adoptionentity a desire to place the minor for adoption with
2240	that entity, or not later than 307days after the date any
2241	money is provided as permitted under this chapter by the
2242	adoption entity for the benefit of the person seeking to place a
2243	minor for adoption.
2244	(3)(2)LOCATION AND IDENTITY KNOWN.--Before the court may
2245	determine that a minor is available for adoption, and in
2246	addition to the other requirements set forth in this chapter,
2247	each person whose consent is required under s. 63.062, who has
2248	not executed an affidavit of nonpaternity, and whose location
2249	and identity have been determined by compliance with the
2250	procedures in this section must be personally served, pursuant
2251	to chapter 48, at least 2030days before the hearing with a
2252	copy of the petition to terminate parental rights pending
2253	adoption and with notice in substantially the following form:
2254
2255	NOTICE OF PETITION AND HEARING
2256	TO TERMINATE PARENTAL RIGHTS
2257	PENDING ADOPTION
2258
2259	A petition to terminate parental rights pending adoption has
2260	been filed. A copy of the petition is being served with this
2261	notice. There will be a hearing on the petition to terminate
2262	parental rights pending adoption on . . . (date) . . . at .
2263	. . (time) . . . before . . . (judge) . . . at . . .
2264	(location, including complete name and street address of the
2265	courthouse) . . . . The court has set aside . . . (amount of
2266	time) . . . for this hearing. If you executed a consent to
2267	adoption or an affidavit of nonpaternity and a waiver of venue,
2268	you have the right to request that the hearing on the petition
2269	to terminate parental rights be transferred to the county in
2270	which you reside. You may object by appearing at the hearing or
2271	filing a written objection with the court.
2272
2273	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A
2274	WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT
2275	THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END
2276	ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR CHILD.
2277
2278	(4)(3)REQUIRED INQUIRY.--In proceedings initiated under
2279	s. 63.087, the court must conduct an inquiry of the person who
2280	is placing the minor for adoption and of any relative or person
2281	having legal custody of the minor who is present at the hearing
2282	and likely to have the following information regarding the
2283	identity of:
2284	(a) Any person to whom the mother of the minor was married
2285	at any time when conception of the minor may have occurred or at
2286	the time of the birth of the minor;
2287	(b) Any person who has been declared by a court to be the
2288	father of the minor;
2289	(c) Any man who has adopted the minor;
2290	(d)(c)Any man with whom the mother was cohabiting at any
2291	time when conception of the minor may have occurred; and
2292	(d) Any person the mother has reason to believe may be the
2293	father and from whom she has received payments or promises of
2294	support with respect to the minor or because of her pregnancy;
2295	(e) Any person the mother has named as the father on the
2296	birth certificate of the minor or in connection with applying
2297	for or receiving public assistance;
2298	(e)(f)Any person who has acknowledged or claimed
2299	paternity of the minor; and
2300	(g) Any person the mother has reason to believe may be the
2301	father.
2302
2303	The information required under this subsection may be provided
2304	to the court in the form of a sworn affidavit by a person having
2305	personal knowledge of the facts, addressing each inquiry
2306	enumerated in this subsection, except that, if the inquiry
2307	identifies a father under paragraph (a),or paragraph (b), or
2308	paragraph (c),the inquiry shall not continue further. The
2309	inquiry required under this subsection may be conducted before
2310	the birth of the minor.
2311	(5)(4)LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry
2312	by the court under subsection (4)(3)identifies any person
2313	whose consent to adoption is required under s. 63.062 and who
2314	has not executed a consent to adoption or an affidavit of
2315	nonpaternity, and the location of the person from whom consent
2316	is required is unknown, the adoption entity must conduct a
2317	diligent search for that person which must include inquiries
2318	concerning:
2319	(a) The person's current address, or any previous address,
2320	through an inquiry of the United States Postal Service through
2321	the Freedom of Information Act;
2322	(b) The last known employment of the person, including the
2323	name and address of the person's employer. Inquiry should be
2324	made of the last known employer as to any address to which wage
2325	and earnings statements (W-2 forms) of the person have been
2326	mailed. Inquiry should be made of the last known employer as to
2327	whether the person is eligible for a pension or profit-sharing
2328	plan and any address to which pension or other funds have been
2329	mailed;
2330	(c) Regulatory agencies, including those regulating
2331	licensing in the area where the person last resided;
2332	(d) Names and addresses of relatives to the extent such
2333	can be reasonably obtained from the petitioner or other sources,
2334	contacts with those relatives, and inquiry as to the person's
2335	last known address. The petitioner shall pursue any leads of any
2336	addresses to which the person may have moved. Relatives include,
2337	but are not limited to, parents, brothers, sisters, aunts,
2338	uncles, cousins, nieces, nephews, grandparents, great-
2339	grandparents, former or current in-laws, stepparents, and
2340	stepchildren;
2341	(e) Information as to whether or not the person may have
2342	died and, if so, the date and location;
2343	(f) Telephone listings in the area where the person last
2344	resided;
2345	(g) Inquiries of law enforcement agencies in the area
2346	where the person last resided;
2347	(h) Highway patrol records in the state where the person
2348	last resided;
2349	(i) Department of Corrections records in the state where
2350	the person last resided;
2351	(j) Hospitals in the area where the person last resided;
2352	(k) Records of utility companies, including water, sewer,
2353	cable television, and electric companies, in the area where the
2354	person last resided;
2355	(l) Records of the Armed Forces of the United States as to
2356	whether there is any information as to the person;
2357	(m) Records of the tax assessor and tax collector in the
2358	area where the person last resided; and
2359	(n) Search of one Internet databank locator service; and
2360	(o) Information held by all medical providers who rendered
2361	medical treatment or care to the birth mother and child,
2362	including the identity and location information of all persons
2363	listed by the mother as being financially responsible for the
2364	uninsured expenses of treatment or care and all persons who made
2365	any such payments.
2366
2367	Any person contacted by a petitioner or adoption entity who is
2368	requesting information pursuant to this subsection must release
2369	the requested information to the petitioner or adoption entity,
2370	except when prohibited by law, without the necessity of a
2371	subpoena or court order.
2372
2373	An affidavit of diligent search executed by the petitioner and
2374	the adoption entity must be filed with the court confirming
2375	completion of each aspect of the diligent search enumerated in
2376	this subsection and specifying the results. The diligent search
2377	required under this subsection may be conducted before the birth
2378	of the minor.
2379	(6)(5)CONSTRUCTIVE SERVICELOCATION UNKNOWN OR IDENTITY
2380	UNKNOWN.--This subsection only applies if, as to any person
2381	whose consent is required under s. 63.062 and who has not
2382	executed a consent to adoption oran affidavit of nonpaternity,
2383	the location or identityof the person is unknown and the
2384	inquiry under subsection (3) fails to identify the person or the
2385	diligent search undersubsection (4) fails to locate the person.
2386	The unlocated or unidentifiedperson must be served notice under
2387	subsection (3)(2)by constructive service in the manner
2388	provided in chapter 49 in each county identified in the
2389	petition, as provided in s. 63.087(6). The notice shall be
2390	published in the county where the person was last known to have
2391	resided. The notice, in addition to all information required
2392	underin the petition under s. 63.087(6) and chapter 49, must
2393	includecontaina physical description, including, but not
2394	limited to, age, race, hair and eye color, and approximate
2395	height and weight of the person,minor's mother and of any
2396	person the mother reasonably believes may be the father;the
2397	minor's date of birth, and the place of birth of the minor.
2398	Constructive service by publication shall not be required to
2399	provide notice to an identified birth father whose consent is
2400	not required pursuant to ss. 63.062 and 63.064; and any date and
2401	city, including the county and state in which the city is
2402	located, in which conception may have occurred. If any of the
2403	facts that must be included in the notice under this subsection
2404	are unknown and cannot be reasonably ascertained, the notice
2405	must so state.
2406	Section 19. Section 63.089, Florida Statutes, is amended
2407	to read:
2408	63.089 Proceeding to terminate parental rights pending
2409	adoption; hearing; grounds; dismissal of petition; judgment.--
2410	(1) HEARING.--The court may terminate parental rights
2411	pending adoption only after a full evidentiaryhearing.
2412	(2) HEARING PREREQUISITES.--The court may hold the hearing
2413	only when:
2414	(a) For each person whose consent to adoption is required
2415	under s. 63.062:
2416	1. A consent under s. 63.082 has been executed and filed
2417	with the court;
2418	2. An affidavit of nonpaternity under s. 63.082 has been
2419	executed and filed with the court; or
2420	3. Notice has been provided under ss. 63.087 and 63.088;
2421	or
2422	4. The certificate from the Office of Vital Statistics has
2423	been provided to the court stating that a diligent search has
2424	been made of the Florida Putative Father Registry created in s.
2425	63.054 and that no filing has been found pertaining to the
2426	father of the child in question or, if a filing is found,
2427	stating the name of the putative father and the time and date of
2428	the filing.
2429	(b) For each notice and petition that must be served under
2430	ss. 63.087 and 63.088:
2431	1. At least 2030days have elapsed since the date of
2432	personal service and an affidavit of service has been filed with
2433	the court;
2434	2. At least 3060days have elapsed since the first date
2435	of publication of constructive service and an affidavit of
2436	service has been filed with the court; or
2437	3. An affidavit of nonpaternity which affirmatively waives
2438	service has been executed and filed with the court;
2439	(c) The minor named in the petition has been born; and
2440	(d) The petition contains all information required under
2441	s. 63.087 and all affidavits of inquiry, diligent search, and
2442	service required under s. 63.088 have been obtained and filed
2443	with the court.
2444	(3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
2445	ADOPTION.--The court may enter a judgment terminating parental
2446	rights pending adoption if the court determines by clear and
2447	convincing evidence, supported by written findings of fact, that
2448	each person whose consent to adoption is required under s.
2449	63.062:
2450	(a) Has executed a valid consent that has not been
2451	withdrawnunder s. 63.082 and the consent was obtained according
2452	to the requirements of this chapter;
2453	(b) Has executed an affidavit of nonpaternity and the
2454	affidavit was obtained according to the requirements of this
2455	chapter;
2456	(c) Has been served with a notice of the intended adoption
2457	plan in accordance with the provisions of s. 63.062(3) and has
2458	failed to respond within the designated time period;
2459	(d)(c)Has been properly served notice of the proceeding
2460	in accordance with the requirements of this chapter and has
2461	failed to file a written answer or appear at the evidentiary
2462	hearing resulting in the judgment terminating parental rights
2463	pending adoption;
2464	(e)(d)Has been properly served notice of the proceeding
2465	in accordance with the requirements of this chapter and has been
2466	determined under subsection (4) to have abandoned the minor as
2467	defined in s. 63.032;
2468	(f)(e)Is a parent of the person to be adopted, which
2469	parent has been judicially declared incapacitated with
2470	restoration of competency found to be medically improbable;
2471	(g)(f)Is a person who has legal custody of the person to
2472	be adopted, other than a parent, who has failed to respond in
2473	writing to a request for consent for a period of 60 days or,
2474	after examination of his or her written reasons for withholding
2475	consent, is found by the court to be withholding his or her
2476	consent unreasonably;
2477	(h)(g)Has been properly served notice of the proceeding
2478	in accordance with the requirements of this chapter, but has
2479	been found by the court, after examining written reasons for the
2480	withholding of consent, to be unreasonably withholding his or
2481	her consent; or
2482	(i)(h)Is the spouse of the person to be adopted who has
2483	failed to consent, and the failure of the spouse to consent to
2484	the adoption is excused by reason of prolonged and unexplained
2485	absence, unavailability, incapacity, or circumstances that are
2486	found by the court to constitute unreasonable withholding of
2487	consent.
2488	(4) FINDING OF ABANDONMENT.--A finding of abandonment
2489	resulting in a termination of parental rights must be based upon
2490	clear and convincing evidence that a parent or person having
2491	legal custody has abandoned the child in accordance with the
2492	definition contained in s. 63.032(1). A finding of abandonment
2493	may not be based upon a lack of emotional support to a birth
2494	mother during her pregnancy, but may be based uponemotional
2495	abuse or a refusal to provide reasonable financial support, when
2496	able, to a birth mother during her pregnancy. If, in the opinion
2497	of the court, the efforts of a parent or person having legal
2498	custody of the child to support and communicate with the child
2499	are only marginal efforts that do not evince a settled purpose
2500	to assume all parental duties, the court may declare the child
2501	to be abandoned. In making this decision, the court may consider
2502	the conduct of a father toward the child's mother during her
2503	pregnancy.
2504	(a) In making a determination of abandonment at a hearing
2505	for termination of parental rights pursuant to this chapter, the
2506	court must consider, among other relevant factors not
2507	inconsistent with this section:
2508	1. Whether the actions alleged to constitute abandonment
2509	demonstrate a willful disregard for the safety or welfare of the
2510	child or unborn child;
2511	2. Whether other persons prevented the person alleged to
2512	have abandoned the child from making the efforts referenced in
2513	this subsection;
2514	2.3.Whether the person alleged to have abandoned the
2515	child, while being able, failedrefusedto provide financial
2516	support after such person was informed he may be the father of
2517	the child;
2518	3.4.Whether the person alleged to have abandoned the
2519	child, while being able, failedrefusedto pay for medical
2520	treatment when such payment was requested by the person having
2521	legal custody of the child and those expenses were not covered
2522	by insurance or other available sources; and
2523	4.5.Whether the amount of support provided or medical
2524	expenses paid was appropriate, taking into consideration the
2525	needs of the child and relative means and resources available to
2526	the person alleged to have abandoned the child and available to
2527	the person having legal custody of the child during the period
2528	the child allegedly was abandoned; and
2529	6. Whether the person having legal custody of the child
2530	made the child's whereabouts known to the person alleged to have
2531	abandoned the child, advised that person of the needs of the
2532	child or the needs of the mother of an unborn child with regard
2533	to the pregnancy, or informed that person of events such as
2534	medical appointments and tests relating to the child or, if
2535	unborn, the pregnancy.
2536	(b) The child has been abandoned when the parent of a
2537	child is incarcerated on or after October 1, 2001, in a state or
2538	federal correctional institution and:
2539	1. The period of time for which the parent is expected to
2540	be incarcerated will constitute a substantial portion of the
2541	period of time before the child will attain the age of 18 years;
2542	2. The incarcerated parent has been determined by the
2543	court to be a violent career criminal as defined in s. 775.084,
2544	a habitual violent felony offender as defined in s. 775.084,
2545	convicted of child abuse as defined in s. 827.03, or a sexual
2546	predator as defined in s. 775.21; has been convicted of first
2547	degree or second degree murder in violation of s. 782.04 or a
2548	sexual battery that constitutes a capital, life, or first degree
2549	felony violation of s. 794.011; or has been convicted of an
2550	offense in another jurisdiction which is substantially similar
2551	to one of the offenses listed in this subparagraph. As used in
2552	this section, the term "substantially similar offense" means any
2553	offense that is substantially similar in elements and penalties
2554	to one of those listed in this subparagraph, and that is in
2555	violation of a law of any other jurisdiction, whether that of
2556	another state, the District of Columbia, the United States or
2557	any possession or territory thereof, or any foreign
2558	jurisdiction; or
2559	3. The court determines by clear and convincing evidence
2560	that continuing the parental relationship with the incarcerated
2561	parent would be harmful to the child and, for this reason, that
2562	termination of the parental rights of the incarcerated parent is
2563	in the best interest of the child.
2564	(c) The only conduct of a father toward a mother during
2565	pregnancy that the court may consider in determining whether the
2566	child has been abandoned is conduct that occurred after the
2567	father was informed he may be the father of the child or after
2568	diligent search and notice as provided in s. 63.088 have been
2569	made to inform the father that he is, or may be, the father of
2570	the child.
2571	(5) DISMISSAL OF PETITION WITH PREJUDICE.--If the court
2572	does not find by clear and convincing evidence that parental
2573	rights of a parent should be terminated pending adoption, the
2574	court must dismiss the petition with prejudiceand that parent's
2575	parental rights that were the subject of such petition shall
2576	remain in full force under the law. The order must include
2577	written findings in support of the dismissal, including findings
2578	as to the criteria in subsection (4) if rejecting a claim of
2579	abandonment. Parental rights may not be terminated based upon a
2580	consent that the court finds has been timely withdrawn under s.
2581	63.082 or a consent to adoption or affidavit of nonpaternity
2582	that the court finds was obtained by fraud or underduress. The
2583	court must enter an order based upon written findings providing
2584	for the placement of the minor. The court may order scientific
2585	testing to determine the paternity of the minor at any time
2586	during which the court has jurisdiction over the minor. Further
2587	proceedings, if any, regarding the minor must be brought in a
2588	separate custody action under chapter 61, a dependency action
2589	under chapter 39, or a paternity action under chapter 742.
2590	(6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
2591	ADOPTION.--
2592	(a) The judgment terminating parental rights pending
2593	adoption must be in writing and contain findings of fact as to
2594	the grounds for terminating parental rights pending adoption.
2595	(b) Within 7 days24 hoursafter filing, the court shall
2596	mail a copy of the judgment to the department, the petitioner,
2597	those persons required to give consent under s. 63.062, and the
2598	respondent. The clerk shall execute a certificate of sucheach
2599	mailing.
2600	(7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
2601	(a) A judgment terminating parental rights pending
2602	adoption is voidable and any later judgment of adoption of that
2603	minor is voidable if, upon the motion of a parent, the court
2604	finds that a person knowingly gave false information that
2605	prevented the parent from timely making known his or her desire
2606	to assume parental responsibilities toward the minor or meeting
2607	the requirements under this chapter to exercise his or her
2608	parental rights. A motion for relief from a judgment terminating
2609	parental rightsunder this subsectionmust be filed with the
2610	court originally entering the judgment. The motion must be filed
2611	within a reasonable time, but not later than 1 year2 years
2612	after the entry of the judgment terminating parental rights.
2613	(b) No later than 30 days after the filing of a motion
2614	under this subsection, the court must conduct a preliminary
2615	hearing to determine what contact, if any, shall be permitted
2616	between a parent and the child pending resolution of the motion.
2617	Such contact shall be considered only if it is requested by a
2618	parent who has appeared at the hearing. If the court orders
2619	contact between a parent and child, the order must be issued in
2620	writing as expeditiously as possible and must state with
2621	specificity any provisions regarding contact with persons other
2622	than those with whom the child resides.
2623	(c) At the preliminary hearing, the court, upon the motion
2624	of any party or upon its own motion, may order scientific
2625	testing to determine the paternity of the minor if the person
2626	seeking to set aside the judgment is alleging to be the child's
2627	father and that fact has not previously been determined by
2628	legitimacy or scientific testing. The court may order supervised
2629	visitation with a person for whom scientific testing for
2630	paternity has been ordered and who has previously established a
2631	bonded relationship with the child. Such visitation shall be
2632	conditioned upon the filing of those test results with the court
2633	and such results establishing that person's paternity of the
2634	minor.
2635	(d) Unless otherwise agreed between the parties or for
2636	good cause shownNo later than 45 days after the preliminary
2637	hearing, the court shallmustconduct a final hearing on the
2638	motion for relief fromto set aside the judgment within 45 days
2639	after the filingand enter its written order as expeditiously as
2640	possible thereafter.
2641	(8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and
2642	records pertaining to a petition to terminate parental rights
2643	pending adoption are related to the subsequent adoption of the
2644	minor and are subject to the provisions of s. 63.162. The
2645	confidentiality provisions of this chapter do not apply to the
2646	extent information regarding persons or proceedings must be made
2647	available as specified under s. 63.088.
2648	Section 20. Section 63.092, Florida Statutes, is amended
2649	to read:
2650	63.092 Report to the court of intended placement by an
2651	adoption entity; at-risk placement; preliminary study.--
2652	(1) REPORT TO THE COURT.--The adoption entity must report
2653	any intended placement of a minor for adoption with any person
2654	who is not a relativerelated within the third degreeor a
2655	stepparent if the adoption entity has knowledge of, or
2656	participates in, such intended placement. The report must be
2657	made to the court before the minor is placed in the home or
2658	within 48 hours thereafter.
2659	(2) AT-RISK PLACEMENT.--If the minor is placed in the
2660	prospective adoptive home before the parental rights of the
2661	minor's parents are terminated under s. 63.089, the placement is
2662	an at-risk placement. If the placement is an at-risk placement,
2663	the prospective adoptive parents must acknowledge in writing
2664	before the minor may be placed in the prospective adoptive home
2665	that the placement is at risk. The prospective adoptive parents
2666	shall be advised by the adoption entity, in writing,andthat
2667	the minor is subject to removal from the prospective adoptive
2668	home by the adoption entity or by court order at any time prior
2669	to the finalization of the adoption.
2670	(3) PRELIMINARY HOME STUDY.--Before placing the minor in
2671	the intended adoptive home, a preliminary home study must be
2672	performed by a licensed child-placing agency, a child-caring
2673	agency registered under s. 409.176, a licensed professional, or
2674	agency described in s. 61.20(2), unless the adoptee is an adult
2675	or the petitioner is a stepparent, a spouse of the parent,or a
2676	relative. The preliminary study shall be completed within 30
2677	days after the receipt by the court of the adoption entity's
2678	report, but in no event may the minor be placed in the
2679	prospective adoptive home prior to the completion of the
2680	preliminary study unless ordered by the court. If the adoptee is
2681	an adult or the petitioner is a stepparent, a spouse of the
2682	parent, or a relative, athepreliminary home study may be
2683	required by the court for good cause shown. The department is
2684	required to perform the preliminary home study only if there is
2685	no licensed child-placing agency, child-caring agency registered
2686	under s. 409.176, licensed professional, or agency described in
2687	s. 61.20(2), in the county where the prospective adoptive
2688	parents reside. The preliminary home study must be made to
2689	determine the suitability of the intended adoptive parents and
2690	may be completed prior to identification of a prospective
2691	adoptive minor. A favorable preliminary home study is valid for
2692	1 year after the date of its completion. Upon its completion, a
2693	copy of the home study must be provided to the intended adoptive
2694	parents who were the subject of the home study. A minor may not
2695	be placed in an intended adoptive home before a favorable
2696	preliminary home study is completed unless the adoptive home is
2697	also a licensed foster home under s. 409.175. The preliminary
2698	home study must include, at a minimum:
2699	(a) An interview with the intended adoptive parents;
2700	(b) Records checks of the department's central abuse
2701	registry and criminal records correspondence checks pursuant to
2702	s. 435.045 through the Department of Law Enforcement on the
2703	intended adoptive parents;
2704	(c) An assessment of the physical environment of the home;
2705	(d) A determination of the financial security of the
2706	intended adoptive parents;
2707	(e) Documentation of counseling and education of the
2708	intended adoptive parents on adoptive parenting;
2709	(f) Documentation that information on adoption and the
2710	adoption process has been provided to the intended adoptive
2711	parents;
2712	(g) Documentation that information on support services
2713	available in the community has been provided to the intended
2714	adoptive parents; and
2715	(h) A copy of each signed acknowledgment of receipt of
2716	disclosurerequired by s. 63.085.
2717
2718	If the preliminary home study is favorable, a minor may be
2719	placed in the home pending entry of the judgment of adoption. A
2720	minor may not be placed in the home if the preliminary home
2721	study is unfavorable. If the preliminary home study is
2722	unfavorable, the adoption entity may, within 20 days after
2723	receipt of a copy of the written recommendation, petition the
2724	court to determine the suitability of the intended adoptive
2725	home. A determination as to suitability under this subsection
2726	does not act as a presumption of suitability at the final
2727	hearing. In determining the suitability of the intended adoptive
2728	home, the court must consider the totality of the circumstances
2729	in the home. No minor may be placed in a home in which there
2730	resides any person determined by the court to be a sexual
2731	predator as defined in s. 775.21 or to have been convicted of an
2732	offense listed in s. 63.089(4)(b)2.
2733	Section 21. Subsections (2), (3), (5), and (6) of section
2734	63.097, Florida Statutes, are amended to read:
2735	63.097 Fees.--
2736	(2) The following fees, costs, and expenses may be
2737	assessed by the adoption entity or paid by the adoption entity
2738	on behalf of the prospective adoptive parents:
2739	(a) Reasonable living expenses of the birth mother which
2740	the birth mother is unable to pay due to unemployment,
2741	underemployment, or disability due to the pregnancy which is
2742	certified by a medical professional who has examined the birth
2743	mother, or any other disability defined in s. 110.215.
2744	Reasonable living expenses are rent, utilities, basic telephone
2745	service, food, toiletries, necessary clothing, transportation,
2746	insurance,and expenses found by the court to be necessary for
2747	the health and well-being of the birth mother and theunborn
2748	child. Such expenses may be paid during the pregnancy and for a
2749	period of up to 6 weeks postpartum.
2750	(b) Reasonable and necessary medical expenses. Such
2751	expenses may be paid during the pregnancy and for a period of up
2752	to 6 weeks postpartum.
2753	(c) Expenses necessary to comply with the requirements of
2754	this chapter, including, but not limited to, service of process
2755	under s. 63.088, investigator fees,a diligent search under s.
2756	63.088, a preliminary home study under s. 63.092, and a final
2757	home investigation under s. 63.125.
2758	(d) Court filing expenses, court costs, and other
2759	litigation expenses and birth certificate and medical record
2760	expenses.
2761	(e) Costs associated with advertising under s.
2762	63.212(1)(g).
2763	(f) The following professional fees:
2764	1. A reasonable hourly fee or flat feenecessary to
2765	provide legal representation to the adoptive parents or adoption
2766	entity in a proceeding filed under this chapter.
2767	2. A reasonable hourly fee or flat feefor contact with
2768	the parent related to the adoption. In determining a reasonable
2769	hourly fee under this subparagraph, the court must consider if
2770	the tasks done were clerical or of such a nature that the matter
2771	could have been handled by support staff at a lesser rate than
2772	the rate for legal representation charged under subparagraph 1.
2773	Such tasks specifically do not include obtaining a parent's
2774	signature on any document;Such tasks include, but need not be
2775	limited to, transportation, transmitting funds, arranging
2776	appointments, and securing accommodations.
2777	3. A reasonable hourly fee for counseling services
2778	provided to a parent or a prospective adoptive parent by a
2779	psychologist licensed under chapter 490 or a clinical social
2780	worker, marriage and family therapist, or mental health
2781	counselor licensed under chapter 491, or a counselor who is
2782	employed by an adoption entity accredited by the Council on
2783	Accreditation of Services for Children and Families to provide
2784	pregnancy counseling and supportive services.
2785	(3) Prior Approval of the court is not required until the
2786	cumulativetotal of amounts permitted under subsection (2)
2787	exceeds:
2788	(a) $5,000$2,500in legal or other fees;
2789	(b) $800$500 in court costs; or
2790	(c) $5,000$3,000 in reasonable and necessary living and
2791	medical expenses; or
2792	(d) $1,500 cumulative expenses that are related to the
2793	minor, the pregnancy, a parent, or adoption proceeding, which
2794	expenses are incurred prior to the date the prospective adoptive
2795	parent retains the adoption entity.
2796	(5) The following fees, costs, and expenses are
2797	prohibited:
2798	(a) Any fee or expense that constitutes payment for
2799	locating a minor for adoption.
2800	(b) Any lump-sum payment to the entity which is
2801	nonrefundable directly to the payor or which is not itemized and
2802	documentedon the affidavit filed under s. 63.132.
2803	(c) Any fee on the affidavit which does not specify the
2804	service that was provided and for which the fee is being
2805	charged, such as a fee for facilitation, acquisition, or other
2806	similar service, or which does not identify the date the service
2807	was provided, the time required to provide the service, the
2808	person or entity providing the service, and the hourly fee
2809	charged.
2810	(6) Unless otherwise indicated in this section, when an
2811	adoption entity uses the services of a licensed child-placing
2812	agency, a professional, any other person or agency pursuant to
2813	s. 63.092, or, if necessary, the department, the person seeking
2814	to adopt the child must pay the licensed child-placing agency,
2815	professional, other person or agency, or the department an
2816	amount equal to the cost of all services performed, including,
2817	but not limited to, the cost of conducting the preliminary home
2818	study, counseling, and the final home investigation. The court,
2819	upon a finding that the person seeking to adopt the child is
2820	financially unable to pay that amount, may order that such
2821	person pay a lesser amount.
2822	Section 22. Section 63.102, Florida Statutes, is amended
2823	to read:
2824	63.102 Filing of petition for adoption or declaratory
2825	statement; venue; proceeding for approval of fees and costs.--
2826	(1) PETITION FOR ADOPTION.--A petition for adoption may
2827	not be filed until 30 days after the date ofthe entry of the
2828	judgment terminating parental rights pending adoption under this
2829	chapter, unless the adoptee is an adult, the petitioner is a
2830	stepparent or a relative,or the minor has been the subject of a
2831	judgment terminating parental rights under chapter 39. After a
2832	judgment terminating parental rights has been entered, a
2833	proceeding for adoption may be commenced by filing a petition
2834	entitled, "In the Matter of the Adoption of ____" in the circuit
2835	court. The person to be adopted shall be designated in the
2836	caption in the name by which he or she is to be known if the
2837	petition is granted. Any name by which the minor was previously
2838	known may not be disclosed in the petition, the notice of
2839	hearing, or the judgment of adoption.
2840	(2) VENUE.--A petition for adoption or for a declaratory
2841	statement as to the adoption contract shall be filed in the
2842	county where the petition for termination of parental rights was
2843	granted, unless the court, in accordance with s. 47.122, changes
2844	the venue to the county where the petitioner or petitioners or
2845	the minor resides or where the adoption entity with which the
2846	minor has been placed is located. The circuit court in this
2847	state must retain jurisdiction over the matter until a final
2848	judgment is entered on the adoption. The Uniform Child Custody
2849	Jurisdiction Act does not apply until a final judgment is
2850	entered on the adoption.
2851	(3) FILING OF ADOPTION PETITION REQUIRED.--Unless leave of
2852	court is granted for good cause shown, a petition for adoption
2853	shall be filed not later than 60 days after entry of the final
2854	judgment terminating parental rights.Except for adoptions
2855	involving placement of a minor with a relative within the third
2856	degree of consanguinity, a petition for adoption in an adoption
2857	handled by an adoption entity shall be filed within 60 working
2858	days after entry of the judgment terminating parental rights.
2859	If no petition is filed within 60 days, any interested party,
2860	including the state, may file an action challenging the
2861	prospective adoptive parent's physical custody of the minor.
2862	(4) CONFIDENTIALITY.--If the filing of the petition for
2863	adoption or for a declaratory statement as to the adoption
2864	contract in the county where the petitioner or minor resides
2865	would tend to endanger the privacy of the petitioner or minor,
2866	the petition for adoption may be filed in a different county,
2867	provided the substantive rights of any person will not thereby
2868	be affected.
2869	(5) PRIOR APPROVAL OF FEES AND COSTS.--A proceeding for
2870	prior approval of fees and costs may be commenced any time after
2871	an agreement is reached between the birth mother and the
2872	adoptive parents by filing a petition for declaratory statement
2873	on the agreement entitled "In the Matter of the Proposed
2874	Adoption of a Minor Child" in the circuit court.
2875	(a) The petition must be filed jointlyby the adoption
2876	entity with the consent of the parties toand each person who
2877	enters intothe agreement.
2878	(b) A contract for the payment of fees, costs, and
2879	expenses permitted under this chapter must be in writing, and
2880	any person who enters into the contract has 3 business days in
2881	which to cancel the contract unless placement of the child has
2882	occurred. To cancel the contract, the person must notify the
2883	adoption entity in writing by certified United States mail,
2884	return receipt requested, no later than 3 business days after
2885	signing the contract. For the purposes of this subsection, the
2886	term "business day" means a day on which the United States
2887	Postal Service accepts certified mail for delivery. If the
2888	contract is canceled within the first 3 business days, the
2889	person who cancels the contract does not owe any legal,
2890	intermediary, or other fees, but may be responsible for the
2891	adoption entity's actual costs during that time.
2892	(c) The court may grant priorapproval only of fees and
2893	expenses permitted under s. 63.097. A prior approval of
2894	prospective fees and costs shalldoes notcreate a presumption
2895	that these items will subsequently be approved by the court
2896	under s. 63.132. The court, under s. 63.132, may order an
2897	adoption entity to refund any amountsamountpaid under this
2898	subsection that areissubsequently found by the court to be
2899	greater than fees, costs, and expenses actually incurred.
2900	(d) The contract may not require, and the court may not
2901	approve, any lump-sum payment to the entity which is
2902	nonrefundable to the payor orany amount that constitutes
2903	payment for locating a minor for adoption.
2904	(e) A declaratory statement as to the adoption contract,
2905	regardless of when filed, shall be consolidated with any related
2906	petition for adoption. The clerk of the court shall only assess
2907	one filing fee that includes the adoption action, the
2908	declaratory statement petition, and the petition for termination
2909	of parental rights.When a petition for a declaratory statement
2910	as to the adoption contract is filed prior to the commencement
2911	of proceedings to terminate parental rights, it must be filed in
2912	accordance with the venue requirements for the filing of the
2913	petition terminating parental rights under s. 63.087. Pursuant
2914	to s. 63.087, a previously filed petition for a declaratory
2915	statement filed under this section must be consolidated with a
2916	related subsequently filed petition for termination of parental
2917	rights. If the petition for declaratory statement is filed after
2918	the judgment terminating parental rights has been entered, the
2919	action for declaratory statement must be consolidated with any
2920	related petition for adoption. Only one filing fee may be
2921	assessed for both the adoption and declaratory statement
2922	petitions.
2923	(f) Prior approval of fees and costs by the court does not
2924	obligate the parent to ultimately relinquish the minor for
2925	adoption.
2926	(6) STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
2927	for the adoption of a stepchild, a relative, or an adult shall
2928	not require the filing of a separate judgment or separate
2929	proceeding terminating parental rights pending adoption. The
2930	final judgment of adoption shall have the effect of terminating
2931	parental rights simultaneously with the granting of the decree
2932	of adoption.
2933	Section 23. Section 63.112, Florida Statutes, is amended
2934	to read:
2935	63.112 Petition for adoption; description; report or
2936	recommendation, exceptions; mailing.--
2937	(1) A sufficient number of copies ofThe petition for
2938	adoption shall be signed and verified by the petitioner and
2939	filed with the clerk of the court so that service may be made
2940	under subsection (4)and shall state:
2941	(a) The date and place of birth of the person to be
2942	adopted, if known;
2943	(b) The name to be given to the person to be adopted;
2944	(c) The date petitioner acquired custody of the minor and
2945	the name of the adoption entityperson placing the minor, if
2946	any;
2947	(d) The full name, age, and place and duration of
2948	residence of the petitioner;
2949	(e) The marital status of the petitioner, including the
2950	date and place of marriage, if married, and divorces, if
2951	applicable to the adoption by a stepparentany;
2952	(f) A statement that the petitioner is able to provide for
2953	the material needs of the childThe facilities and resources of
2954	the petitioner, including those under a subsidy agreement,
2955	available to provide for the care of the minor to be adopted;
2956	(g) A description and estimate of the value of any
2957	property of the person to be adopted;
2958	(h) The case style and date of entry of the judgment
2959	terminating parental rights or, if the adoptee is an adult or a
2960	minor relative or a stepchild of the petitioner, the address, if
2961	known, of any person whose consent to the adoption is required
2962	and, if such person has not consented, the facts or
2963	circumstances that excuse the lack of consent to justify a
2964	termination of parental rights; and
2965	(i) The reasons why the petitioner desires to adopt the
2966	person.
2967	(2) The following documents are required to be filed with
2968	the clerk of the court at the time the petition is filed:
2969	(a) A certified copy of the court judgment terminating
2970	parental rights under chapter 39 or under this chapter or, if
2971	the adoptee is an adult or a minor relative or stepchild of the
2972	petitioner, the required consent, unless such consent is excused
2973	by the court.
2974	(b) The favorable preliminary home study of the
2975	department, licensed child-placing agency, or professional
2976	pursuant to s. 63.092, as to the suitability of the home in
2977	which the minor has been placed, unless the petitioner is a
2978	stepparent or a relative.
2979	(c) A copy of any declaratory statement previously entered
2980	by the court pursuant to s. 63.102.
2981	(d) The surrender document must includeDocumentation that
2982	an interview was held with the minor, if older than 12 years of
2983	age, unless the court, in the best interest of the minor,
2984	dispenses with the minor's consent under s. 63.062(1)(c)(g).
2985	(3) Unless ordered by the court, no report or
2986	recommendation is required when the placement is a stepparent
2987	adoption or an adult adoption or when the minor is a relative of
2988	related to one of the adoptive parents within the third degree.
2989	(4) The clerk of the court shall mail a copy of the
2990	petition within 24 hours after filing, and execute a certificate
2991	of mailing, to the adoption entity placing the minor, if any.
2992	Section 24. Section 63.122, Florida Statutes, is amended
2993	to read:
2994	63.122 Notice of hearing on petition.--
2995	(1) After the petition to adopt a minor is filed, the
2996	court must establish a time and place for hearing the petition.
2997	The hearing on the petition to adopt a minormay not be held
2998	sooner than 30 days after the date the judgment terminating
2999	parental rights was entered or sooner than 90 days after the
3000	date the minor was placed in the physical custody of the
3001	petitioner, unless good cause is shown for a shortening of these
3002	time periods. The minor must remain under the supervision of
3003	the adoption entity until the adoption becomes final. When the
3004	adoptee is an adult, the hearing may be held immediately after
3005	the filing of the petition. If the petitioner is a stepparent or
3006	a relative of the adopteespouse of the birth parent, the
3007	hearing may be held immediately after the filing of the petition
3008	if all persons whose consent is required have executed a valid
3009	consent and the consent has been filed with the court.
3010	(2) Notice of hearing must be given as prescribed by the
3011	FloridaRules of Civil Procedure, and service of process must be
3012	made as specified by law for civil actions.
3013	(3) Upon a showing by the petitioner that the safety and
3014	welfareprivacyof the petitioner or minor may be endangered,
3015	the court may order the names of the petitioner or minor, or
3016	both, to be deleted from the notice of hearing and from the copy
3017	of the petition attached thereto, provided the substantive
3018	rights of any person will not thereby be affected.
3019	(4) Notice of the hearing must be given by the petitioner
3020	to the adoption entity that places the minor.
3021	(5) After filing the petition to adopt an adult, a notice
3022	of the time and place of the hearing must be given to any person
3023	whose consent to the adoption is required but who has not
3024	consented.the court may order an appropriate investigation to
3025	assist in determining whether the adoption is in the best
3026	interest of the persons involved and is in accordance with state
3027	law.
3028	Section 25. Subsection (2) of section 63.125, Florida
3029	Statutes, is amended to read:
3030	63.125 Final home investigation.--
3031	(2) The department, the licensed child-placing agency, or
3032	the professional that performs the investigation must file a
3033	written report of the investigation with the court and the
3034	petitioner within 90 days after placementthe date the petition
3035	is filed.
3036	Section 26. Subsections (1) and (4) of section 63.132,
3037	Florida Statutes, are amended to read:
3038	63.132 Affidavit of expenses and receipts.--
3039	(1) At least 10 daysBefore the hearing on the petition
3040	for adoption, the prospective adoptive parent and any adoption
3041	entity must file two copies of an affidavit under this section.
3042	(a) The affidavit must be signed by the adoption entity
3043	and the prospective adoptive parents. A copy of the affidavit
3044	must be provided to the adoptive parents at the time the
3045	affidavit is executed.
3046	(b) The affidavit must itemize all disbursements and
3047	receipts of anything of value, including professional and legal
3048	fees, made or agreed to be made by or on behalf of the
3049	prospective adoptive parent and any adoption entity in
3050	connection with the adoption or in connection with any prior
3051	proceeding to terminate parental rights which involved the minor
3052	who is the subject of the petition for adoption. The affidavit
3053	must also include, for each legal or counselingfee itemized,
3054	the service provided for which the fee is being charged, the
3055	date the service was provided, the time required to provide the
3056	service if the service was charged by the hour, the person or
3057	entity that provided the service, and the hourly fee charged.
3058	(c) The clerk of the court shall forward a copy of the
3059	affidavit to the department.
3060	(c)(d)The affidavit must show any expenses or receipts
3061	incurred in connection with:
3062	1. The birth of the minor.
3063	2. The placement of the minor with the petitioner.
3064	3. The medical or hospital care received by the mother or
3065	by the minor during the mother's prenatal care and confinement.
3066	4. The living expenses of the birth mother. The living
3067	expenses must be itemizeddocumentedin detail to apprise the
3068	court of the exact expenses incurred.
3069	5. The services relating to the adoption or to the
3070	placement of the minor for adoption that were received by or on
3071	behalf of the petitioner, the adoption entity, either parent,
3072	the minor, or any other person.
3073
3074	The affidavit must state whether any of these expenses were paid
3075	for by collateral sources, including, but not limited to, health
3076	insurance, Medicaid, Medicare, or public assistance.
3077	(4) This section does not apply to an adoption by a
3078	stepparent or an adoption of a relative or adultwhose spouse is
3079	a parent of the child.
3080	Section 27. Subsection (1) of section 63.135, Florida
3081	Statutes, is amended to read:
3082	63.135 Information under oath to be submitted to the
3083	court.--
3084	(1) Each party in an adoption proceeding involving a child
3085	over the age of 6 months, in the first pleading or in an
3086	affidavit attached to that pleading, shall give information
3087	under oath as to the child's present address, the places where
3088	the child has lived within the last 5 years, and the names and
3089	present addresses of the persons with whom the child has lived
3090	during that period. In the pleading or affidavit each party
3091	shall further declare under oath whether:
3092	(a) The party has participated as a party or witness or in
3093	any other capacity in any other litigation concerning the
3094	custody of the same child in this or any other state;
3095	(b) The party has information of any custody proceeding
3096	concerning the child pending in a court of this or any other
3097	state; and
3098	(c) The party knows of any person not a party to the
3099	proceedings who has physical custody of the child or claims to
3100	have custody or visitation rights with respect to the child.
3101	Section 28. Subsections (1) and (4) of section 63.142,
3102	Florida Statutes, are amended to read:
3103	63.142 Hearing; judgment of adoption.--
3104	(1) APPEARANCE.--The petitioner and the person to be
3105	adopted shall appear either in person or, with the permission of
3106	the court, telephonically before a person authorized to
3107	administer an oathat the hearing on the petition for adoption,
3108	unless:
3109	(a) The person is a minor under 12 years of age; or
3110	(b) The appearancepresenceof either is excused by the
3111	court for good cause.
3112	(4) JUDGMENT.--At the conclusion of the hearing, after the
3113	court determines that the date for a parent to file an appeal of
3114	a valid judgment terminating that parent's parental rights has
3115	passed and no appeal, pursuant to the Florida Rules of Appellate
3116	Procedure, is pending and that the adoption is in the best
3117	interest of the person to be adopted, a judgment of adoption
3118	shall be entered.
3119	(a)A judgment terminating parental rights pending
3120	adoption is voidable and any later judgment of adoption of that
3121	minor is voidable if, upon a parent's motion for relief from
3122	judgmentto set aside of a parent, the court finds that the
3123	adoption fails to meet the requirements of this chapterany
3124	person knowingly gave false information that prevented the
3125	parent from timely making known his or her desire to assume
3126	parental responsibilities toward the minor or meeting the
3127	requirements under this chapter to exercise his or her parental
3128	rights. A motion under this paragraph must be filed with the
3129	court that entered the original judgment. The motion must be
3130	filed within a reasonable time, but not later than 1 year2
3131	yearsafter the date the judgment terminating parental rights
3132	was entered.
3133	(b) Except upon good cause shown, no later than 30 days
3134	after the filing of a motion under this subsection, the court
3135	must conduct a preliminary hearing to determine what contact, if
3136	any, shall be permitted between a parent and the child pending
3137	resolution of the motion. Such contact shall be considered only
3138	if it is requested by a parent who has appeared at the hearing.
3139	If the court orders contact between a parent and child, the
3140	order must be issued in writing as expeditiously as possible and
3141	must state with specificity any provisions regarding contact
3142	with persons other than those with whom the child resides.
3143	(c) At the preliminary hearing, the court, upon the motion
3144	of any party or its own motion, may order scientific testing to
3145	determine the paternity of the minor if the person seeking to
3146	set aside the judgment is alleging to be the child's father and
3147	that fact has not previously been determined by legitimacy or
3148	scientific testing. The court may order supervised visitation
3149	with a person for whom scientific testing for paternity has been
3150	ordered. Such visitation shall be conditioned upon the filing of
3151	those test results with the court and such results establishing
3152	that person's paternity of the minor.
3153	(d) Except upon good cause shown, no later than 45 days
3154	after the preliminary hearing, the court must conduct a final
3155	hearing on the motion to set aside the judgment and issue its
3156	written order as expeditiously as possible thereafter.
3157	Section 29. Section 63.152, Florida Statutes, is amended
3158	to read:
3159	63.152 Application for new birth record.--Within 30 days
3160	after entry of a judgment of adoption, the clerk of the court,
3161	and in agency adoptions, any child-placing agency licensed by
3162	the department, shall transmitpreparea certified statement of
3163	the entry toforthe state registrar of vital statistics on a
3164	form provided by the registrar. A new birth record containing
3165	the necessary information supplied by the certificate shall be
3166	issued by the registrar on application of the adopting parents
3167	or the adopted person.
3168	Section 30. Subsection (2) of section 63.162, Florida
3169	Statutes, is amended to read:
3170	63.162 Hearings and records in adoption proceedings;
3171	confidential nature.--
3172	(2) All papers and records pertaining to the adoption,
3173	including the original birth certificate, whether part of the
3174	permanent record of the court or a file in the office of an
3175	adoption entity are confidential and subject to inspection only
3176	upon order of the court; however, the petitioner in any
3177	proceeding for adoption under this chapter may, at the option of
3178	the petitioner, make public the reasons for a denial of the
3179	petition for adoption. The order must specify which portion of
3180	the records are subject to inspection, and it may exclude the
3181	name and identifying information concerning the parent or
3182	adoptee. Papers and records of the department, a court, or any
3183	other governmental agency, which papers and records relate to
3184	adoptions, are exempt from s. 119.07(1). In the case of an
3185	adoption not handled by the department or a child-placing agency
3186	licensed by the departmenta nonagency adoption, the department
3187	must be given notice of hearing and be permitted to present to
3188	the court a report on the advisability of disclosing or not
3189	disclosing information pertaining to the adoption. In the case
3190	of an agency adoption, the licensed child-placing agency must be
3191	given notice of hearing and be permitted to present to the court
3192	a report on the advisability of disclosing or not disclosing
3193	information pertaining to the adoption. This subsection does
3194	not prohibit the department from inspecting and copying any
3195	official record pertaining to the adoption that is maintained by
3196	the department or from inspecting and copying any of the
3197	official records maintained by an agency licensed by the
3198	departmentand does not prohibit an agency from inspecting and
3199	copying any official record pertaining to the adoption that is
3200	maintained by that agency.
3201	Section 31. Subsection (1) of section 63.167, Florida
3202	Statutes, is amended to read:
3203	63.167 State adoption information center.--
3204	(1) The department shall establish a state adoption
3205	information center for the purpose of increasing public
3206	knowledge about adoption and promoting to adolescents and
3207	pregnant women the availability of adoption services. The
3208	department shall contract with one or morealicensed child-
3209	placing agenciesagencyto operate the state adoption
3210	information center.
3211	Section 32. Section 63.182, Florida Statutes, is amended
3212	to read:
3213	63.182 Statute of repose.--Notwithstanding s. 95.031 or s.
3214	95.11 or any other statute,:
3215	(1)an action or proceeding of any kind to vacate, set
3216	aside, or otherwise nullify a judgment of adoption or an
3217	underlying judgment terminating parental rights on any ground
3218	may not, including duress but excluding fraud, shall in no event
3219	be filed more than 1 year after entry of the judgment
3220	terminating parental rights.
3221	(2) An action or proceeding of any kind to vacate, set
3222	aside, or otherwise nullify a judgment of adoption or an
3223	underlying judgment terminating parental rights on grounds of
3224	fraud shall in no event be filed more than 2 years after entry
3225	of the judgment terminating parental rights.
3226	Section 33. Section 63.185, Florida Statutes, is repealed.
3227	Section 34. Subsection (1) of section 63.207, Florida
3228	Statutes, is amended to read:
3229	63.207 Out-of-state placement.--
3230	(1) Unless the parent placing a minor for adoption files
3231	an affidavit that the parent chooses to place the minor outside
3232	the state, giving the reason for that placement, or the minor is
3233	to be placed with a relative within the third degreeor with a
3234	stepparent, or the minor is a special needs child, as defined in
3235	s. 409.166, or for other good cause shown, an adoption entity
3236	may not:
3237	(a) Take or send a minor out of the state for the purpose
3238	of placement for adoption; or
3239	(b) Place or attempt to place a minor for the purpose of
3240	adoption with a family who primarily lives and works outside
3241	Florida in another state. If an adoption entity is acting under
3242	this subsection, the adoption entity must file a petition for
3243	declaratory statement pursuant to s. 63.102 for prior approval
3244	of fees and costs. The court shall review the costs pursuant to
3245	s. 63.097. The petition for declaratory statement must be
3246	converted to a petition for an adoption upon placement of the
3247	minor in the home. When a minor is placed for adoption with
3248	prospective adoptive parents who primarily live and work outside
3249	this state, the circuit court in this state maymustretain
3250	jurisdiction over the matter until the adoption becomes final.
3251	The prospective adoptive parents may finalize the adoption in
3252	this statemust come to this state to have the adoption
3253	finalized. Violation of the order subjects the adoption entity
3254	to contempt of court and to the penalties provided in s. 63.212.
3255	Section 35. Subsections (1), (4), (7), and (8) of section
3256	63.212, Florida Statutes, are amended to read:
3257	63.212 Prohibited acts; penalties for violation;
3258	preplanned adoption agreement.--
3259	(1) It is unlawful for any person:
3260	(a) To place or attempt to place a minor for adoption with
3261	a person who primarily lives and works outside this state unless
3262	all of the requirements of the Interstate Compact for the
3263	Placement of Children, when applicable, have been metunless the
3264	minor is placed with a relative within the third degree or with
3265	a stepparent. This requirement does not apply if the minor is
3266	placed by an adoption entity in accordance with s. 63.207.
3267	(b) Except an adoption entity, to place or attempt to
3268	place within the state a minor for adoption unless the minor is
3269	placed with a relative within the third degreeor with a
3270	stepparent. This prohibition, however, does not apply to a
3271	person who is placing or attempting to place a minor for the
3272	purpose of adoption with the adoption entity.
3273	(c) To sell or surrender, or to arrange for the sale or
3274	surrender of, a minor to another person for money or anything of
3275	value or to receive such minor child for such payment or thing
3276	of value. If a minor is being adopted by a relative within the
3277	third degreeor by a stepparent, or is being adopted through an
3278	adoption entity, this paragraph does not prohibit the person who
3279	is contemplating adopting the child from paying, under ss.
3280	63.097 and 63.132, the actual prenatal care and living expenses
3281	of the mother of the child to be adopted, or from paying, under
3282	ss. 63.097 and 63.132, the actual living and medical expenses of
3283	such mother for a reasonable time, not to exceed 6 weeks, if
3284	medical needs require such support, after the birth of the
3285	minor.
3286	(d) Having the rights and duties of a parent with respect
3287	to the care and custody of a minor to assign or transfer such
3288	parental rights for the purpose of, incidental to, or otherwise
3289	connected with, selling or offering to sell such rights and
3290	duties.
3291	(e) To assist in the commission of any act prohibited in
3292	paragraphs(a)-(d). In the case of a stepparent adoption, this
3293	paragraph does not preclude the forgiveness of vested child
3294	support arrearages owed by a parent.
3295	(f) Except an adoption entity, to charge or accept any fee
3296	or compensation of any nature from anyone for making a referral
3297	in connection with an adoption.
3298	(g) Except an adoption entity, to advertise or offer to
3299	the public, in any way, by any medium whatever that a minor is
3300	available for adoption or that a minor is sought for adoption;
3301	and, further, it is unlawful for any person to publish or
3302	broadcast any such advertisement without including a Florida
3303	license number of the agency or attorney placing the
3304	advertisement.
3305	(h) To contract for the purchase, sale, or transfer of
3306	custody or parental rights in connection with any child, in
3307	connection with any fetus yet unborn, or in connection with any
3308	fetus identified in any way but not yet conceived, in return for
3309	any valuable consideration. Any such contract is void and
3310	unenforceable as against the public policy of this state.
3311	However, fees, costs, and other incidental payments made in
3312	accordance with statutory provisions for adoption, foster care,
3313	and child welfare are permitted, and a person may agree to pay
3314	expenses in connection with a preplanned adoption agreement as
3315	specified below, but the payment of such expenses may not be
3316	conditioned upon the transfer of parental rights. Each petition
3317	for adoption which is filed in connection with a preplanned
3318	adoption agreement must clearly identify the adoption as a
3319	preplanned adoption arrangement and must include a copy of the
3320	preplanned adoption agreement for review by the court.
3321	1. Individuals may enter into a preplanned adoption
3322	arrangement as specified herein, but such arrangement shall not
3323	in any way:
3324	a. Effect final transfer of custody of a child or final
3325	adoption of a child, without review and approval of the
3326	department and the court, and without compliance with other
3327	applicable provisions of law.
3328	b. Constitute consent of a mother to place her child for
3329	adoption until 7 days following birth, and unless the court
3330	making the custody determination or approving the adoption
3331	determines that the mother was aware of her right to rescind
3332	within the 7-day period following birth but chose not to rescind
3333	such consent.
3334	2. A preplanned adoption arrangement shall be based upon a
3335	preplanned adoption agreement that must include, but need not be
3336	limited to, the following terms:
3337	a. That the volunteer mother agrees to become pregnant by
3338	the fertility technique specified in the agreement, to bear the
3339	child, and to terminate any parental rights and responsibilities
3340	to the child she might have through a written consent executed
3341	at the same time as the preplanned adoption agreement, subject
3342	to a right of rescission by the volunteer mother any time within
3343	7 days after the birth of the child.
3344	b. That the volunteer mother agrees to submit to
3345	reasonable medical evaluation and treatment and to adhere to
3346	reasonable medical instructions about her prenatal health.
3347	c. That the volunteer mother acknowledges that she is
3348	aware that she will assume parental rights and responsibilities
3349	for the child born to her as otherwise provided by law for a
3350	mother, if the intended father and intended mother terminate the
3351	agreement before final transfer of custody is completed, or if a
3352	court determines that a parent clearly specified by the
3353	preplanned adoption agreement to be the biological parent is not
3354	the biological parent, or if the preplanned adoption is not
3355	approved by the court pursuant to the Florida Adoption Act.
3356	d. That an intended father who is also the biological
3357	father acknowledges that he is aware that he will assume
3358	parental rights and responsibilities for the child as otherwise
3359	provided by law for a father, if the agreement is terminated for
3360	any reason by any party before final transfer of custody is
3361	completed or if the planned adoption is not approved by the
3362	court pursuant to the Florida Adoption Act.
3363	e. That the intended father and intended mother
3364	acknowledge that they may not receive custody or the parental
3365	rights under the agreement if the volunteer mother terminates
3366	the agreement or if the volunteer mother rescinds her consent to
3367	place her child for adoption within 7 days after birth.
3368	f. That the intended father and intended mother may agree
3369	to pay all reasonable legal, medical, psychological, or
3370	psychiatric expenses of the volunteer mother related to the
3371	preplanned adoption arrangement, and may agree to pay the
3372	reasonable living expenses of the volunteer mother. No other
3373	compensation, whether in cash or in kind, shall be made pursuant
3374	to a preplanned adoption arrangement.
3375	g. That the intended father and intended mother agree to
3376	accept custody of and to assert full parental rights and
3377	responsibilities for the child immediately upon the child's
3378	birth, regardless of any impairment to the child.
3379	h. That the intended father and intended mother shall have
3380	the right to specify the blood and tissue typing tests to be
3381	performed if the agreement specifies that at least one of them
3382	is intended to be the biological parent of the child.
3383	i. That the agreement may be terminated at any time by any
3384	of the parties.
3385	3. A preplanned adoption agreement shall not contain any
3386	provision:
3387	a. To reduce any amount paid to the volunteer mother if
3388	the child is stillborn or is born alive but impaired, or to
3389	provide for the payment of a supplement or bonus for any reason.
3390	b. Requiring the termination of the volunteer mother's
3391	pregnancy.
3392	4. An attorney who represents an intended father and
3393	intended mother or any other attorney with whom that attorney is
3394	associated shall not represent simultaneously a female who is or
3395	proposes to be a volunteer mother in any matter relating to a
3396	preplanned adoption agreement or preplanned adoption
3397	arrangement.
3398	5. Payment to agents, finders, and intermediaries,
3399	including attorneys and physicians, as a finder's fee for
3400	finding volunteer mothers or matching a volunteer mother and
3401	intended father and intended mother is prohibited. Doctors,
3402	psychologists, attorneys, and other professionals may receive
3403	reasonable compensation for their professional services, such as
3404	providing medical services and procedures, legal advice in
3405	structuring and negotiating a preplanned adoption agreement, or
3406	counseling.
3407	6. As used in this paragraph, the term:
3408	a. "Blood and tissue typing tests" include, but are not
3409	limited to, tests of red cell antigens, red cell isoenzymes,
3410	human leukocyte antigens, and serum proteins.
3411	b. "Child" means the child or children conceived by means
3412	of an insemination that is part of a preplanned adoption
3413	arrangement.
3414	c. "Fertility technique" means artificial embryonation,
3415	artificial insemination, whether in vivo or in vitro, egg
3416	donation, or embryo adoption.
3417	d. "Intended father" means a male who, as evidenced by a
3418	preplanned adoption agreement, intends to have the parental
3419	rights and responsibilities for a child conceived through a
3420	fertility technique, regardless of whether the child is
3421	biologically related to the male.
3422	e. "Intended mother" means a female who, as evidenced by a
3423	preplanned adoption agreement, intends to have the parental
3424	rights and responsibilities for a child conceived through a
3425	fertility technique, regardless of whether the child is
3426	biologically related to the female.
3427	f. "Parties" means the intended father and intended
3428	mother, the volunteer mother and her husband, if she has a
3429	husband, who are all parties to the preplanned adoption
3430	agreement.
3431	g. "Preplanned adoption agreement" means a written
3432	agreement among the parties that specifies the intent of the
3433	parties as to their rights and responsibilities in the
3434	preplanned adoption arrangement, consistent with the provisions
3435	of this act.
3436	h. "Preplanned adoption arrangement" means the arrangement
3437	through which the parties enter into an agreement for the
3438	volunteer mother to bear the child, for payment by the intended
3439	father and intended mother of the expenses allowed by this act,
3440	for the intended father and intended mother to assert full
3441	parental rights and responsibilities to the child if consent to
3442	adoption is not rescinded after birth by the volunteer mother,
3443	and for the volunteer mother to terminate, subject to a right of
3444	rescission, in favor of the intended father and intended mother
3445	all her parental rights and responsibilities to the child.
3446	i. "Volunteer mother" means a female person at least 18
3447	years of age who voluntarily agrees, subject to a right of
3448	rescission, that if she should become pregnant pursuant to a
3449	preplanned adoption arrangement, she will terminate in favor of
3450	the intended father and intended mother her parental rights and
3451	responsibilities to the child.
3452	(4) It is unlawful for any adoption entity to fail to
3453	report to the court, within a reasonable time periodprior to
3454	placement, the intended placement of a minor for purposes of
3455	adoption with any person not a stepparent or a relative within
3456	the third degree, if the adoption entity participates in such
3457	intended placement.
3458	(7) It is unlawful for any adoption entity to obtain a
3459	preliminary home study or final home investigation and fail to
3460	disclose the existence of the study or investigation to the
3461	court when required by law to do so.
3462	(8) Unless otherwise indicated, a person who willfully and
3463	with criminal intentviolates any provision of this section,
3464	excluding paragraph (1)(g), commits a felony of the third
3465	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3466	775.084. A person who willfully and with criminal intent
3467	violates paragraph (1)(g) commits a misdemeanor of the second
3468	degree, punishable as provided in s. 775.083; and each day of
3469	continuing violation shall be considered a separate offense.
3470	Section 36. Section 63.213, Florida Statutes, is created
3471	to read:
3472	63.213 Preplanned adoption agreement.--
3473	(1) Individuals may enter into a preplanned adoption
3474	arrangement as specified in this section, but such arrangement
3475	may not in any way:
3476	(a) Effect final transfer of custody of a child or final
3477	adoption of a child without review and approval of the court and
3478	without compliance with other applicable provisions of law.
3479	(b) Constitute consent of a mother to place her child for
3480	adoption until 48 hours following birth and unless the court
3481	making the custody determination or approving the adoption
3482	determines that the mother was aware of her right to rescind
3483	within the 48-hour period following birth but chose not to
3484	rescind such consent.
3485	(2) A preplanned adoption agreement must include, but need
3486	not be limited to, the following terms:
3487	(a) That the volunteer mother agrees to become pregnant by
3488	the fertility technique specified in the agreement, to bear the
3489	child, and to terminate any parental rights and responsibilities
3490	to the child she might have through a written consent executed
3491	at the same time as the preplanned adoption agreement, subject
3492	to a right of rescission by the volunteer mother any time within
3493	48 hours after the birth of the child.
3494	(b) That the volunteer mother agrees to submit to
3495	reasonable medical evaluation and treatment and to adhere to
3496	reasonable medical instructions about her prenatal health.
3497	(c) That the volunteer mother acknowledges that she is
3498	aware that she will assume parental rights and responsibilities
3499	for the child born to her as otherwise provided by law for a
3500	mother if the intended father and intended mother terminate the
3501	agreement before final transfer of custody is completed, if a
3502	court determines that a parent clearly specified by the
3503	preplanned adoption agreement to be the biological parent is not
3504	the biological parent, or if the preplanned adoption is not
3505	approved by the court pursuant to the Florida Adoption Act.
3506	(d) That an intended father who is also the biological
3507	father acknowledges that he is aware that he will assume
3508	parental rights and responsibilities for the child as otherwise
3509	provided by law for a father if the agreement is terminated for
3510	any reason by any party before final transfer of custody is
3511	completed or if the planned adoption is not approved by the
3512	court pursuant to the Florida Adoption Act.
3513	(e) That the intended father and intended mother
3514	acknowledge that they may not receive custody or the parental
3515	rights under the agreement if the volunteer mother terminates
3516	the agreement or if the volunteer mother rescinds her consent to
3517	place her child for adoption within 48 hours after birth.
3518	(f) That the intended father and intended mother may agree
3519	to pay all reasonable legal, medical, psychological, or
3520	psychiatric expenses of the volunteer mother related to the
3521	preplanned adoption arrangement and may agree to pay the
3522	reasonable living expenses and wages lost due to the pregnancy
3523	and birth of the volunteer mother and reasonable compensation
3524	for inconvenience, discomfort, and medical risk. No other
3525	compensation, whether in cash or in kind, shall be made pursuant
3526	to a preplanned adoption arrangement.
3527	(g) That the intended father and intended mother agree to
3528	accept custody of and to assert full parental rights and
3529	responsibilities for the child immediately upon the child's
3530	birth, regardless of any impairment to the child.
3531	(h) That the intended father and intended mother shall
3532	have the right to specify the blood and tissue typing tests to
3533	be performed if the agreement specifies that at least one of
3534	them is intended to be the biological parent of the child.
3535	(i) That the agreement may be terminated at any time by
3536	any of the parties.
3537	(3) A preplanned adoption agreement shall not contain any
3538	provision:
3539	(a) To reduce any amount paid to the volunteer mother if
3540	the child is stillborn or is born alive but impaired, or to
3541	provide for the payment of a supplement or bonus for any reason.
3542	(b) Requiring the termination of the volunteer mother's
3543	pregnancy.
3544	(4) An attorney who represents an intended father and
3545	intended mother or any other attorney with whom that attorney is
3546	associated shall not represent simultaneously a female who is or
3547	proposes to be a volunteer mother in any matter relating to a
3548	preplanned adoption agreement or preplanned adoption
3549	arrangement.
3550	(5) Payment to agents, finders, and intermediaries,
3551	including attorneys and physicians, as a finder's fee for
3552	finding volunteer mothers or matching a volunteer mother and
3553	intended father and intended mother is prohibited. Doctors,
3554	psychologists, attorneys, and other professionals may receive
3555	reasonable compensation for their professional services, such as
3556	providing medical services and procedures, legal advice in
3557	structuring and negotiating a preplanned adoption agreement, or
3558	counseling.
3559	(6) As used in this section, the term:
3560	(a) "Blood and tissue typing tests" include, but are not
3561	limited to, tests of red cell antigens, red cell isoenzymes,
3562	human leukocyte antigens, and serum proteins.
3563	(b) "Child" means the child or children conceived by means
3564	of an insemination that is part of a preplanned adoption
3565	arrangement.
3566	(c) "Fertility technique" means artificial embryonation,
3567	artificial insemination, whether in vivo or in vitro, egg
3568	donation, or embryo adoption.
3569	(d) "Intended father" means a male who, as evidenced by a
3570	preplanned adoption agreement, intends to assert the parental
3571	rights and responsibilities for a child conceived through a
3572	fertility technique, regardless of whether the child is
3573	biologically related to the male.
3574	(e) "Intended mother" means a female who, as evidenced by
3575	a preplanned adoption agreement, intends to assert the parental
3576	rights and responsibilities for a child conceived through a
3577	fertility technique, regardless of whether the child is
3578	biologically related to the female.
3579	(f) "Party" means the intended father, the intended
3580	mother, the volunteer mother, or the volunteer mother's
3581	husband, if she has a husband.
3582	(g) "Preplanned adoption agreement" means a written
3583	agreement among the parties that specifies the intent of the
3584	parties as to their rights and responsibilities in the
3585	preplanned adoption arrangement, consistent with the provisions
3586	of this section.
3587	(h) "Preplanned adoption arrangement" means the
3588	arrangement through which the parties enter into an agreement
3589	for the volunteer mother to bear the child, for payment by the
3590	intended father and intended mother of the expenses allowed by
3591	this section, for the intended father and intended mother to
3592	assert full parental rights and responsibilities to the child if
3593	consent to adoption is not rescinded after birth by the
3594	volunteer mother, and for the volunteer mother to terminate,
3595	subject to a right of rescission, all her parental rights and
3596	responsibilities to the child in favor of the intended father
3597	and intended mother.
3598	(i) "Volunteer mother" means a female at least 18 years of
3599	age who voluntarily agrees, subject to a right of rescission,
3600	that if she should become pregnant pursuant to a preplanned
3601	adoption arrangement, she will terminate her parental rights and
3602	responsibilities to the child in favor of the intended father
3603	and intended mother.
3604	Section 37. Section 63.219, Florida Statutes, is amended
3605	to read:
3606	63.219 Sanctions.--Upon a finding by the court that an
3607	adoption entity has willfully violated any substantiveprovision
3608	of this chapter relative to the rights of the parties to the
3609	adoption and legality of the adoption process, the court is
3610	authorized to prohibit the adoption entity from placing a minor
3611	for adoption in the future in this state.
3612	Section 38. Section 63.235, Florida Statutes, is amended
3613	to read:
3614	63.235 Petitions filed before October 1, 20032001;
3615	governing law.--Any petition for adoption filed before October
3616	1, 20032001, shall be governed by the law in effect at the time
3617	the petition was filed.
3618	Section 39. This act shall take effect October 1, 2003.
3619