ENROLLED HB 0835, Engrossed 2 2003 Legislature
1	A bill to be entitled
2	An act relating to adoption; amending s. 63.022, F.S.;
3	providing legislative findings and intent with respect to
4	the rights and responsibilities of adoptive children,
5	biological parents, and adoptive parents; providing that
6	certain requirements do not apply to an adoption involving
7	a relative or stepchild; providing legislative intent
8	concerning cooperation between the Department of Children
9	and Family Services and private adoption entities;
10	amending s. 63.032, F.S.; revising definitions; defining
11	the terms "unmarried biological father" and "adoption
12	plan"; amending s. 63.039, F.S.; providing for an award of
13	certain fees and costs in the event of fraud or duress at
14	the discretion of the court; requiring that certain court
15	findings of sanctionable conduct be forwarded to the
16	Office of the Attorney General; amending s. 63.042, F.S.;
17	revising provisions specifying who may adopt; amending s.
18	63.0423, F.S.; revising references to newborn infants;
19	authorizing a child-placing agency to remove an abandoned
20	infant from a placement under certain circumstances;
21	revising requirements for conducting a diligent search to
22	identify a parent of an abandoned infant; revising certain
23	requirements for the court; revising time periods for
24	providing notice of certain actions; revising the period
25	within which a judgment of termination of parental rights
26	may be voided; amending s. 63.0425, F.S.; revising
27	requirements for notifying a grandparent with whom the
28	child has resided of a hearing on a petition for
29	termination of parental rights; deleting a requirement
30	that the court give first priority for adoption to the
31	grandparent under certain conditions; amending s. 63.0427,
32	F.S.; revising provisions governing a minor's right to
33	communicate with siblings and other relatives; providing
34	for postadoption communication or contact with parents
35	whose parental rights have been terminated; amending s.
36	63.043, F.S.; deleting provisions prohibiting certain
37	screening or testing for purposes of employment or
38	admission into educational institutions; amending s.
39	63.052, F.S.; revising provisions specifying the entity
40	that may be the guardian of a minor placed for an
41	adoption; revising the responsibilities and authority of
42	the guardian; creating s. 63.053, F.S.; providing
43	legislative findings with respect to the rights and
44	responsibilities of an unmarried biological father;
45	creating s. 63.054, F.S.; providing requirements for the
46	unmarried biological father to establish parental rights;
47	creating the Florida Putative Father Registry within the
48	Office of Vital Statistics of the Department of Health;
49	providing requirements for registering with the Florida
50	Putative Father Registry; providing requirements for
51	searching the registry; directing the Department of Health
52	to provide for an application and inform the public of the
53	Florida Putative Father Registry; providing for removal of
54	the registrant’s name from the registry; providing
55	rulemaking authority; amending s. 63.062, F.S.; revising
56	provisions specifying the persons from whom a consent for
57	adoption is required; providing conditions under which the
58	consent for adoption of an unmarried biological father
59	must be obtained; authorizing the execution of an
60	affidavit of nonpaternity prior to the birth of the child;
61	deleting requirements for a form for the affidavit of
62	nonpaternity; revising the conditions under which a
63	petition to adopt an adult may be granted; revising venue
64	requirements for terminating parental rights; creating s.
65	63.063, F.S.; providing for the responsibilities of each
66	party pertaining to fraudulent actions; providing
67	requirements for a biological father to contest a
68	termination of parental rights; creating s. 63.064, F.S.;
69	authorizing the court to waive the requirement that
70	consent for adoption be obtained from certain persons;
71	amending s. 63.082, F.S.; revising requirements for
72	executing a consent for adoption and obtaining certain
73	information concerning the child and birth parents;
74	providing for executing an affidavit of nonpaternity prior
75	to the birth of the child; authorizing an adoption entity
76	to intervene as a party in interest under certain
77	circumstances; providing for placement of a minor when the
78	minor is in the custody of the Department of Children and
79	Family Services; revising requirements for withdrawing a
80	consent for adoption; amending s. 63.085, F.S.; revising
81	the requirements for required disclosures by an adoption
82	entity; amending s. 63.087, F.S.; revising provisions
83	governing the proceedings for terminating parental rights
84	pending adoption; revising the venue requirements for
85	filing a petition to terminate parental rights; revising
86	requirements for a petition for terminating parental
87	rights pending adoption; amending s. 63.088, F.S.;
88	providing for limited notice requirements for an unmarried
89	biological father; revising the period within which an
90	inquiry and diligent search must be initiated; revising
91	requirements for notice concerning the termination of
92	parental rights; revising the individuals for whom
93	information regarding identity is required; revising the
94	inquiries required for diligent search; revising
95	requirements for constructive service; amending s. 63.089,
96	F.S.; revising hearing requirements for terminating
97	parental rights; revising conditions under which the court
98	may enter a judgment terminating parental rights; revising
99	conditions for making a finding of abandonment; revising
100	requirements for issuing and voiding a judgment
101	terminating parental rights; amending s. 63.092, F.S.;
102	revising requirements for placing of a minor by an
103	adoption entity; revising requirements for a preliminary
104	home study; amending s. 63.097, F.S.; revising the fees,
105	costs, and expenses that may be assessed by an adoption
106	entity; revising the total of the fees, costs, and
107	expenses for which court approval is required; prohibiting
108	certain fees, costs, and expenses; amending s. 63.102,
109	F.S.; revising the period within which a petition for
110	adoption may be filed; providing for exceptions for
111	adoptions of adults and adoptions by stepparents and
112	relatives; revising requirements pertaining to prior
113	approval of fees and costs; providing for the clerk of the
114	court to charge one filing fee for certain adoption-
115	related actions; amending s. 63.112, F.S.; revising
116	requirements for the petition documents for an adoption;
117	amending s. 63.122, F.S.; providing requirements for the
118	notice of the hearing on the petition for adoption;
119	amending s. 63.125, F.S.; revising the period within which
120	a home investigation report must be filed; amending s.
121	63.132, F.S.; revising the period within which an
122	affidavit of expenses and receipts must be filed; revising
123	requirements for the affidavit of expenses and receipts;
124	providing an exception for the adoption of a relative or
125	an adult; amending s. 63.135, F.S.; requiring that certain
126	information be provided to the court for all adoption
127	proceedings; amending s. 63.142, F.S.; allowing persons to
128	appear before the court telephonically; revising
129	conditions under which a judgment terminating parental
130	rights is voidable; revising requirements pertaining to
131	the court's consideration of setting aside a judgment
132	terminating parental rights; amending s. 63.152, F.S.;
133	revising the entities responsible for preparing a
134	statement of the adoption for the state registrar of vital
135	statistics; requiring the clerk of the court to transmit
136	the statement of the adoption to the state registrar;
137	amending s. 63.162, F.S.; revising certain notice
138	requirements concerning the disclosure of information
139	pertaining to an adoption; amending s. 63.167, F.S.;
140	authorizing the department to contract with more than one
141	child-placing agency for the operation of a state adoption
142	information center; amending s. 63.182, F.S.; revising the
143	statute of repose to conform to changes made by the act;
144	repealing s. 63.185, F.S., relating to the residency
145	requirement for adoptions; amending s. 63.207, F.S.;
146	providing for the court's jurisdiction with respect to
147	out-of-state placements; amending s. 63.212, F.S.;
148	requiring an out-of-state adoption to be in compliance
149	with the Interstate Compact for the Placement of Children
150	when applicable; deleting certain provisions concerning
151	preplanned adoption agreements; revising acts that are
152	unlawful pertaining to adoptions; creating s. 63.213,
153	F.S.; providing requirements for a preplanned adoption
154	arrangement; providing definitions; amending s. 63.219,
155	F.S.; revising conditions under which the court may
156	sanction an adoption entity; amending s. 63.235, F.S.;
157	providing application; providing an effective date.
158
159	Be It Enacted by the Legislature of the State of Florida:
160
161	Section 1. Section 63.022, Florida Statutes, is amended to
162	read:
163	63.022 Legislative intent.--
164	(1) The Legislature finds that:
165	(a) The state has a compelling interest in providing
166	stable and permanent homes for adoptive children in a prompt
167	manner, in preventing the disruption of adoptive placements, and
168	in holding parents accountable for meeting the needs of
169	children.
170	(b) An unmarried mother faced with the responsibility of
171	making crucial decisions about the future of a newborn child is
172	entitled to privacy, has the right to make timely and
173	appropriate decisions regarding her future and the future of the
174	child, and is entitled to assurance regarding an adoptive
175	placement.
176	(c) Adoptive children have the right to permanence and
177	stability in adoptive placements.
178	(d) Adoptive parents have a constitutional privacy
179	interest in retaining custody of a legally adopted child.
180	(e) An unmarried biological father has an inchoate
181	interest that acquires constitutional protection only when he
182	demonstrates a timely and full commitment to the
183	responsibilities of parenthood, both during the pregnancy and
184	after the child's birth. The state has a compelling interest in
185	requiring an unmarried biological father to demonstrate that
186	commitment by providing appropriate medical care and financial
187	support and by establishing legal paternity rights in accordance
188	with the requirements of this chapter.
189	(2) It is the intent of the Legislature that in every
190	adoption, the best interest of the child should govern and be of
191	foremost concern in the court's determination. The court shall
192	make a specific finding as to the best interest of the child in
193	accordance with the provisions of this chapter.
194	(3)(1)It is the intent of the Legislature to protect and
195	promote the well-being of persons being adopted and their birth
196	and adoptive parents and to provide to all children who can
197	benefit by it a permanent family life, and, whenever appropriate
198	possible, to maintain sibling groups.
199	(4)(2)The basic safeguards intended to be provided by
200	this chapter are that:
201	(a) The minor is legally free for adoption and that all
202	adoptions are handled in accordance with the requirements of
203	law.
204	(b) The required persons consent to the adoption or the
205	parent-child relationship is terminated by judgment of the
206	court.
207	(c) The required social studies are completed and the
208	court considers the reports of these studies prior to judgment
209	on adoption petitions.
210	(d) All placements of minors for adoption are reported to
211	the Department of Children and Family Services, except relative,
212	adult, and stepparent adoptions.
213	(e) A sufficient period of time elapses during which the
214	minor has lived within the proposed adoptive home under the
215	guidance of an adoption entity, except stepparent adoptions or
216	adoptions of a relativethe department, a child-caring agency
217	registered under s. 409.176, or a licensed child-placing agency.
218	(f) All expenditures by adoption entities or adoptive
219	parents relative to the adoption ofplacing, and persons
220	independently adopting,a minor are reported to the court and
221	become a permanent record in the file of the adoption
222	proceedings, including, but not limited to, all legal fees and
223	costs, all payments to or on behalf of a birth parent, and all
224	payments to or on behalf of the minor.
225	(g) Social and medical information concerning the minor
226	and the parents is furnished by the parent when available and
227	filed with the court before a final hearing on a petition to
228	terminate parental rights pending adoption, unless the
229	petitioner is a stepparent or a relative.
230	(h) A new birth certificate is issued after entry of the
231	adoption judgment.
232	(i) At the time of the hearing, the court may order
233	temporary substitute care when it determines that the minor is
234	in an unsuitable home.
235	(j) The records of all proceedings concerning custody and
236	adoption of a minor are confidential and exempt from s.
237	119.07(1), except as provided in s. 63.162.
238	(k) The birthparent, the prospective adoptive parent, and
239	the minor receive, at a minimum, the safeguards, guidance,
240	counseling, and supervision required in this chapter.
241	(l) In all matters coming before the court under this
242	chapter, the court shall enter such orders as it deems necessary
243	and suitable to promote and protect the best interests of the
244	person to be adopted.
245	(m) In dependency cases initiated by the department, where
246	termination of parental rights occurs, and siblings are
247	separated despite diligent efforts of the department, continuing
248	postadoption communication or contact among the siblings may be
249	ordered by the court if found to be in the best interests of the
250	children.
251	(5) It is the intent of the Legislature to provide for
252	cooperation between private adoption entities and the Department
253	of Children and Family Services in matters relating to permanent
254	placement options for children in the care of the department
255	whose birth parents wish to participate in a private adoption
256	plan with a qualified family.
257	Section 2. Section 63.032, Florida Statutes, is amended to
258	read:
259	63.032 Definitions.--As used in this chapter, the term:
260	(1) "Abandoned" means a situation in which the parent or
261	person having legal custody of a child, while being able, makes
262	no provision for the child's support and makes little orno
263	effort to communicate with the child, which situation is
264	sufficient to evince an intent to rejecta willful rejection of
265	parental responsibilitiesobligations. If, in the opinion of the
266	court, the efforts of such parent or person having legal custody
267	of the child to support and communicate with the child are only
268	marginal efforts that do not evince a settled purpose to assume
269	all parental duties, the court may declare the child to be
270	abandoned. In making this decision, the court may consider the
271	conduct of a father towards the child's mother during her
272	pregnancy.
273	(2) "Adoption" means the act of creating the legal
274	relationship between parent and child where it did not exist,
275	thereby declaring the child to be legally the child of the
276	adoptive parents and their heir at law and entitled to all the
277	rights and privileges and subject to all the obligations of a
278	child born to such adoptive parents in lawful wedlock.
279	(3) "Adoption entity" means the department, an agency, a
280	child-caring agency registered under s. 409.176, oran
281	intermediary, or a child-placing agency licensed in another
282	state which is qualified by the department to place children in
283	the State of Florida.
284	(4) "Adult" means a person who is not a minor.
285	(5) "Agency" means any child-placing agency licensed by
286	the department pursuant to s. 63.202 to place minors for
287	adoption.
288	(6) "Child" means a son or daughter, whether by birth or
289	adoption.
290	(7) "Court" means any circuit court of this state and,
291	when the context requires, the court of any state that is
292	empowered to grant petitions for adoption.
293	(8) "Department" means the Department of Children and
294	Family Services.
295	(9) "Intermediary" means an attorney who is licensed or
296	authorized to practice in this state and who is placing or
297	intends to place a child for adoption, including placingor, for
298	the purpose of adoptive placements of children born in another
299	from out of state with citizens of this state or country or
300	placing children born in this state with citizens of another
301	state or country, a child-placing agency licensed in another
302	state that is qualified by the department.
303	(10) "Legal custody" has the meaning ascribed in s. 39.01.
304	(11) "Minor" means a person under the age of 18 years.
305	(12) "Parent" has the same meaning ascribed in s. 39.01.
306	(13) "Person" includes a natural person, corporation,
307	government or governmental subdivision or agency, business
308	trust, estate, trust, partnership, or association, and any other
309	legal entity.
310	(14) "Relative" means a person related by blood to the
311	person being adopted within the third degree of consanguinity
312	has the same meaning ascribed in s. 39.01.
313	(15) "To place" or "placement" means the process of a
314	parent or legal guardian surrenderingperson giving a child up
315	for adoption and the prospective adoptiveparents receiving and
316	adopting the child, and includes all actions by any person or
317	adoption entity participating in the process.
318	(16) "Placement" means the process of a parent or legal
319	guardian surrendering a child for adoption and the prospective
320	adoptive parents receiving and adopting the child and all
321	actions by any adoption entity participating in placing the
322	child.
323	(17)(16) "Primarily lives and works outside Florida" means
324	anyone who does not meet the definition of "primary residence
325	and place of employment in Florida."
326	(17) "Primary residence and place of employment in
327	Florida" means a person who lives and works outsideinthis
328	state at least 6 months of the year,and intends to do so for
329	the foreseeable future ormilitary personnel who designate
330	Florida as their place of residence in accordance with the
331	Soldiers' and Sailors' Civil Relief Act of 1940,or employees of
332	the United States Department of State living in a foreign
333	country who designate a state other thanFlorida as their place
334	of residence.
335	(18) "Suitability of the intended placement" includes the
336	fitness of the intended placement, with primary consideration
337	being given to the best interestwelfare of the child; the
338	fitness and capabilities of the adoptive parent or parents to
339	function as parent or parents for a particular child; any
340	familial relationship between the child and the prospective
341	placement; and the compatibility of the child with the home in
342	which the child is intended to be placed.
343	(19) "Unmarried biological father" means the child's
344	biological father who is not married to the child's mother at
345	the time of conception or birth of the child and who has not
346	been declared by a court of competent jurisdiction to be the
347	legal father of the child.
348	(20) “Adoption plan” means arrangements made by a birth
349	parent or other individual having a legal right to custody of a
350	minor child, born or to be born, with an adoption entity in
351	furtherance of the placement of the minor for adoption.
352	Section 3. Section 63.039, Florida Statutes, is amended to
353	read:
354	63.039 Duty of adoption entity to prospective adoptive
355	parents; sanctions.--
356	(1) An adoption entity placing a minor for adoption has an
357	affirmative duty to follow the requirements of this chapter and
358	specifically the following provisions, which protect and promote
359	the well-being of persons being adopted and their parents and
360	prospective adoptive parents by promoting certainty, finality,
361	and permanency for such persons. The adoption entity must:
362	(a) Provide written initial disclosure to the prospective
363	adoptive parent at the time and in the manner required under s.
364	63.085.
365	(b) Provide written initial and postbirthdisclosure to
366	the parent at the time and in the manner required under s.
367	63.085.
368	(c) When a written consent for adoption is obtained,
369	obtain the consent at the time and in the manner required under
370	s. 63.082.
371	(d) When a written consent or affidavit of nonpaternity
372	for adoption is obtained, obtain a consent to adoption or
373	affidavit of nonpaternity that contains the language required
374	under s. 63.062 or s. 63.082.
375	(e) Include in the petition to terminate parental rights
376	pending adoption all information required under s. 63.087(6)(e)
377	and (f).
378	(f) Obtain and file the affidavit of inquiry pursuant to
379	s. 63.088(4)(3), if the required inquiry is not conducted orally
380	in the presence of the court.
381	(g) When the identity of a person whose consent to
382	adoption is necessary under this chapter is known but the
383	location of such a person is unknown, conduct the diligent
384	search and file the affidavit required under s. 63.088(5)(4).
385	(h) Serve athepetition and notice of hearing to
386	terminate parental rights pending adoption at the time and in
387	the manner prescribed by lawrequired by s. 63.088.
388	(i) Obtain the written waiver of venue required under s.
389	63.062 in cases involving a child younger than 6 months of age
390	in which venue for the termination of parental rights will be
391	located in a county other than the county where atheparent
392	whose rights are to be terminated resides.
393	(2) If a court finds that a consent to adoption or an
394	affidavit of nonpaternity taken under this chapter was obtained
395	by fraud or underduress attributable to the adoption entity,
396	the court maymustaward all sums paid by the prospective
397	adoptive parents or on their behalf in anticipation of or in
398	connection with the adoption. The court may also award
399	reasonable attorney's fees and costs incurred by the prospective
400	adoptive parents in connection with the adoption and any
401	litigation related to placement or adoption of a minor. The
402	court maymustaward reasonable attorney's fees and costs, if
403	any, incurred by the person whose consent or affidavit was
404	obtained by fraud or underduress. Any award under this
405	subsection to the prospective adoptive parents or to the person
406	whose consent or affidavit was obtained by fraud or underduress
407	must be paid directly to them by the adoption entity or by any
408	applicable insurance carrier on behalf of the adoption entity if
409	the court determines, after an evidentiary hearing held
410	subsequent to the entry of a final order in the underlying
411	termination of parental rights or adoption action, that the
412	actions or failures of the adoption entity directly contributed
413	to the finding of fraud or duress.
414	(3) The prevailing partyIf a person whose consent to an
415	adoption is required under s. 63.062 prevailsin an action to
416	set aside a judgment terminating parental rights pending
417	adoption, or a judgment of adoption may be awarded, the court
418	must award reasonable attorney's fees and costs to the
419	prevailing party. An award under this subsection must be paid by
420	the adoption entity or by any applicable insurance carrier on
421	behalf of the adoption entity if the court finds that the acts
422	or omissions of the entity were the basis for the court's order
423	granting relief to the prevailing party.
424	(4) Within 30 days after the entry of an order of the
425	court finding sanctionable conduct on the part of an adoption
426	entitythe date that the order was issued, the clerk of the
427	court must forward to:
428	(a) The Florida Bar any order that imposes sanctions under
429	this section against an attorney acting as an adoption entity.
430	(b) The Department of Children and Family Services any
431	order that imposes sanctions under this section against a
432	licensed child-placing agency or a child-placing agency licensed
433	in another state that is qualified by the department.
434	(c) The entity under s. 409.176 that certifies child-
435	caring agencies any order that imposes sanctions under this
436	section against a child-caring agency registered under s.
437	409.176.
438	(d) The Office of Attorney General any order that imposes
439	sanctions under this section against the department.
440	Section 4. Section 63.042, Florida Statutes, is amended to
441	read:
442	63.042 Who may be adopted; who may adopt.--
443	(1) Any person, a minor or an adult, may be adopted.
444	(2) The following persons may adopt:
445	(a) A husband and wife jointly;
446	(b) An unmarried adult, including the birth parent of the
447	person to be adopted;
448	(c) The unmarried minor birth parent of the person to be
449	adopted; or
450	(c)(d)A married person without the other spouse joining
451	as a petitioner, if the person to be adopted is not his or her
452	spouse, and if:
453	1. The other spouse is a parent of the person to be
454	adopted and consents to the adoption; or
455	2. The failure of the other spouse to join in the petition
456	or to consent to the adoption is excused by the court for good
457	cause shown or in the best interest of the childfor reason of
458	prolonged unexplained absence, unavailability, incapacity, or
459	circumstances constituting an unreasonable withholding of
460	consent.
461	(3) No person eligible to adopt under this statute may
462	adopt if that person is a homosexual.
463	(4) No person eligible under this section shall be
464	prohibited from adopting solely because such person possesses a
465	physical disability or handicap, unless it is determined by the
466	court or adoption entitydepartment or the licensed child-
467	placing agencythat such disability or handicap renders such
468	person incapable of serving as an effective parent.
469	Section 5. Section 63.0423, Florida Statutes, is amended
470	to read:
471	63.0423 Procedures with respect to abandoned infants
472	newborns.--
473	(1) A licensed child-placing agency that takes physical
474	custody of ana newborn infant abandonedleftat a hospital,
475	emergency medical services station, or fire station pursuant to
476	s. 383.50, shall assume responsibility for all medical costs and
477	all other costs associated with the emergency services and care
478	of the abandonednewborninfant from the time the licensed
479	child-placing agency takes physical custody of the abandoned
480	newborninfant.
481	(2) The licensed child-placing agency shall immediately
482	seek an order from the circuit court for emergency custody of
483	the abandonednewborninfant. The emergency custody order shall
484	remain in effect until the court orders preliminary approval of
485	placement of the abandonednewborninfant in the prospective
486	home, at which time the prospective adoptive parents become
487	guardians pending termination of parental rights and
488	finalization of adoption or until the court orders otherwise.
489	The guardianship of the prospective adoptive parents shall
490	remain subject to the right of the licensed child-placing agency
491	to remove the abandoned infant from the placement during the
492	pendency of the proceedings if such removal is deemed by the
493	licensed child-placing agency to be in the best interest of the
494	child. The licensed child-placing agency may immediately seek to
495	temporarily place the abandonednewborninfant in a prospective
496	adoptive home as soon as possible.
497	(3) The licensed child-placing agency that takes physical
498	custody of the abandonednewborn infant shall, within 24 hours
499	thereafter,immediatelyrequest assistance from law enforcement
500	officials to investigate and determine, through the Missing
501	Children Information Clearinghouse, the National Center for
502	Missing and Exploited Children, and any other national and state
503	resources, whether or not the abandonednewborninfant is a
504	missing child.
505	(4) Within 7 days after accepting physical custody of the
506	abandonednewborninfant, the licensed child-placing agency
507	shall initiate a diligent search to notify and to obtain consent
508	from a parent whose identity is known but whose location is
509	unknownor location is unknown, other than the parent who has
510	left a newborn infant at a hospital, emergency medical services
511	station, or fire station in accordance with s. 383.50. The
512	diligent search must include, at a minimum, inquiries as
513	provided for in s. 63.088of all known relatives of the parent,
514	inquiries of all offices or program areas of the department
515	likely to have information about the parent, inquiries of other
516	state and federal agencies likely to have information about the
517	parent, inquiries of appropriate utility and postal providers,
518	and inquiries of appropriate law enforcement agencies.
519	Constructive notice must also be provided pursuant to chapter 49
520	in the county where the newborn infant was abandonedleft and in
521	the county where the petition to terminate parental rights will
522	be filed. The constructive notice must include at a minimum,
523	available identifying information, and information on whom a
524	parent must contact in order to assert a claim of parental
525	rights of the newborn infant and how to assert that claim. If a
526	parent is identified and located, notice of the adjudicatory
527	hearing on the petition for termination of parental rightsshall
528	be provided. If a parent cannot be identified or located
529	subsequent to the diligent search and constructive notice, the
530	licensed child-placing agency shall file an affidavit of
531	diligent search at the same time that the petition to terminate
532	parental rights is filed.
533	(5) A petition for termination of parental rights under
534	this section may not be filed until 30 days after the date the
535	newborn infant was abandonedleftin accordance with s. 383.50.
536	A petition for termination of parental rights may not be granted
537	until consent to adoption or an affidavit of nonpaternity has
538	been executed by a parent of the abandonednewborninfant as set
539	forth in s. 63.062, a parent has failed to reclaim or claim the
540	abandonednewborn infant within the specified time period
541	specified in s. 383.50, or the consent of a parent is otherwise
542	waived by the court.
543	(6) A claim of parental rights of the abandonednewborn
544	infant must be made to the entity having physical orlegal
545	custody of the abandonednewborninfant or to the circuit court
546	before whom proceedings involving the abandonednewborninfant
547	are pending. A claim of parental rights of the abandonednewborn
548	infant may not be made after the judgment to terminate parental
549	rights is entered, except as otherwise provided by subsection
550	(9)(10).
551	(7) If a claim of parental rights of an abandoneda
552	newborninfant is made before the judgment to terminate parental
553	rights is entered, the circuit court mayshallhold the action
554	for termination of parental rights pending subsequent adoption
555	in abeyance for a period of time not to exceed 60 days.
556	(a) The court mayshallorder scientific testing to
557	determine maternity or paternity at the expense of the parent
558	claiming parental rights unless maternity or paternity has been
559	previously established legally or by scientific testing.
560	(b) The court shallmayappoint a guardian ad litem for
561	the abandonednewborninfant and order whatever investigation,
562	home evaluation, and psychological evaluation are necessary to
563	determine what is in the best interest of the abandonednewborn
564	infant.
565	(c) The court may not terminate parental rights solely on
566	the basis that the parent left thea newborninfant at a
567	hospital, emergency medical services station, or fire station in
568	accordance with s. 383.50.
569	(d) The court shall enter a judgment with written findings
570	of fact and conclusions of law.
571	(8) Within 7 business days24 hours after recordingfiling
572	the judgment, the clerk of the court shall mail a copy of the
573	judgment to the department, the petitioner, and the persons
574	whose consent were required, if known. The clerk shall execute a
575	certificate of each mailing.
576	(9)(a) A judgment terminating parental rights pending
577	adoption is voidable, and any later judgment of adoption of that
578	minor is voidable, if, upon the motion of a birthparent, the
579	court finds that a person knowingly gave false information that
580	prevented the birthparent from timely making known his or her
581	desire to assume parental responsibilities toward the minor or
582	from exercising his or her parental rights. A motion under this
583	subsection must be filed with the court originally entering the
584	judgment. The motion must be filed within a reasonable time, but
585	not later than 1 year2 yearsafter the entry of the judgment
586	terminating parental rights.
587	(b) No later than 30 days after the filing of a motion
588	under this subsection, the court shallmustconduct a
589	preliminary hearing to determine what contact, if any, will be
590	permitted between a birthparent and the child pending
591	resolution of the motion. Such contact may be allowed only if it
592	is requested by a parent who has appeared at the hearing and the
593	court determines that it is in the best interest of the child.
594	If the court orders contact between a birthparent and child,
595	the order must be issued in writing as expeditiously as possible
596	and must state with specificity any provisions regarding contact
597	with persons other than those with whom the child resides.
598	(c) At the preliminary hearing,the court, upon the motion
599	of any party or upon its own motion, may order scientific
600	testing to determine the paternity or maternity of the minor if
601	the person seeking to set aside the judgment is alleging to be
602	the child's birth parent butand that facthas not previously
603	been determined by legal proceedings or scientific testing to be
604	the birth parent. Upon the filing of test results establishing
605	that person's maternity or paternity of the abandoned infant,
606	the court may order supervised visitation as it deems
607	appropriate and in the best interest of the childwith a person
608	for whom scientific testing for paternity or maternity has been
609	ordered. Such visitation shall be conditioned upon the filing of
610	test results with the court and those results establishing that
611	person's paternity or maternity of the minor.
612	(d) WithinNo later than45 days after the preliminary
613	hearing, the court shallmustconduct a final hearing on the
614	motion to set aside the judgment and shallenter its written
615	order as expeditiously as possible thereafter.
616	(10) Except to the extent expressly provided in this
617	section, proceedings initiated by a licensed child-placing
618	agency for the termination of parental rights and subsequent
619	adoption of a newborn left at a hospital, emergency medical
620	services station, or fire station in accordance with s. 383.50
621	shall be conducted pursuant to this chapter.
622	Section 6. Subsection (1) of section 63.0425, Florida
623	Statutes, is amended to read:
624	63.0425 Grandparent's right to adopt.--
625	(1) When a child whohas lived with a grandparent for at
626	least 6 months within the 24-month period immediately preceding
627	the filing of a petition for termination of parental rights
628	pending adoptionis placed for adoption, the adoption entity
629	handling the adoption shall provide notice tonotifythat
630	grandparent of the hearing on the petition for termination of
631	parental rights pending adoptionimpending adoption before the
632	petition for adoption is filed. If the grandparent petitions the
633	court to adopt the child, the court shall give first priority
634	for adoption to that grandparent.
635	Section 7. Section 63.0427, Florida Statutes, is amended
636	to read:
637	63.0427 Adopted minor's right to continued communication
638	or contact with siblings and other relatives.--
639	(1) A child whose parents have had their parental rights
640	terminated and whose custody has been awarded to the department
641	pursuant to s. 39.811, and who is the subject of a petition for
642	adoption under this chapter, shall have the right to have the
643	court consider the appropriateness of postadoption communication
644	or contact, including, but not limited to, visits, written
645	correspondenceletters and cards, or telephone calls, with his
646	or her siblings or, upon agreement of the adoptive parents, with
647	the parents who have had their parental rights terminated or
648	other specified biological relatives who are not included in the
649	petition for adoption. The court shall determine if the best
650	interests of the child support such continued communication or
651	contact and shallconsider the following in making such
652	determination:
653	(a) Any orders of the court pursuant to s. 39.811(7).
654	(b) Recommendations of the department, the foster parents
655	if other than the adoptive parents, and the guardian ad litem.
656	(c) Statements of theprospective adoptive parents.
657	(d) Any other information deemed relevant and material by
658	the court.
659
660	If the court determines that the child's best interests will be
661	served by postadoption communication or contact with any sibling
662	or, upon agreement of the adoptive parents, other specified
663	biological relatives, the court shall so order, stating the
664	nature and frequency for the communication or contact. This
665	order shall be made a part of the final adoption order, but in
666	no event shall thecontinuing validity of the adoption be
667	contingent upon such postadoption communication or contact, nor
668	shall the ability of the adoptive parents and child to change
669	residence within or outside the State of Florida be impaired by
670	such communication or contact.
671	(2) Notwithstanding the provisions of s. 63.162, the
672	adoptive parent may, at any time, petition for review at any
673	time of a sibling's or other specified biological relatives'
674	communication or contact order enteredorderedpursuant to
675	subsection (1), if the adoptive parent believes that the best
676	interests of the adopted child are being compromised, and the
677	court shall have authority to order the communication or contact
678	to be terminated or modified, or to order such conditions in
679	regard to communication or contactas the court deems to be in
680	the best interests of the adopted child. As part of the review
681	process, the court may order the parties to engage in mediation.
682	The department shall not be required to be a party to such
683	review.
684	Section 8. Section 63.043, Florida Statutes, is amended to
685	read:
686	63.043 Mandatory screening or testing for sickle-cell
687	trait prohibited.--No person, firm, corporation, unincorporated
688	association, state agency, unit of local government, or any
689	public or private entity shall require screening or testing for
690	the sickle-cell trait as a condition for employment, for
691	admission into any state educational institution or state-
692	chartered private educational institution, orfor becoming
693	eligible for adoption if otherwise eligible for adoption under
694	the laws of this state.
695	Section 9. Section 63.052, Florida Statutes, is amended to
696	read:
697	63.052 Guardians designated; proof of commitment.--
698	(1) For minors who have been placed for adoption with and
699	permanently committed to an adoption entity, other than an
700	intermediary, such adoption entityagency as defined in s.
701	63.032 or a child-caring agency registered under s. 409.176,
702	such agency shall be the guardian of the person of the minor and
703	has the responsibility and authority to provide for the needs
704	and welfare of the minor; for those who have been placed for
705	adoption with and permanently committed to the department, the
706	department shall be the guardian of the person of the minor.
707	(2) For minors who have been voluntarily surrendered to an
708	intermediary through an execution of aconsent to adoption, the
709	intermediary shall be responsible for the minor until the time a
710	court orders preliminary approval of placement of the minor in
711	the prospective adoptive home, afteratwhich time the
712	prospective adoptive parents shallbecome guardians pending
713	finalization of adoption, subject to the intermediary's right
714	and responsibility to remove the child from the prospective
715	adoptive home if the removal is deemed by the intermediary to be
716	in the best interest of the child. Prior to the court's entry of
717	an order granting preliminary approval of the placement, the
718	intermediary shall have the responsibility and authority to
719	provide for the needs and welfare of the minor. Until a court
720	has terminated parental rights pending adoption and has ordered
721	preliminary approval of placement of the minor in the adoptive
722	home, the minor must be placed in the care of a relative as
723	defined in s. 39.01, in foster care as defined in s. 39.01, or
724	in the care of a prospective adoptive home.No minor shall be
725	placed in a prospective adoptive home until that home has
726	received a favorable preliminary home study by a licensed child-
727	placing agency, a licensed professional, or an agency, as
728	provided in s. 63.092, within 1 year before such placement in
729	the prospective home. Temporary placement in the prospective
730	home with the prospective adoptive parents does not give rise to
731	a presumption that the parental rights of the parents will
732	subsequently be terminated. For minors who have been placed for
733	adoption with or voluntarily surrendered to an agency, but have
734	not been permanently committed to the agency, the agency shall
735	have the responsibility and authority to provide for the needs
736	and welfare for such minors. For those minors placed for
737	adoption with or voluntarily surrendered to the department, but
738	not permanently committed to the department, the department
739	shall have the responsibility and authority to provide for the
740	needs and welfare for such minors. The adoption entity may
741	authorize all appropriate medical care for a minor who has been
742	placed for adoption with or voluntarily surrendered to the
743	adoption entity.The provisions of s. 627.6578 shall remain in
744	effect notwithstanding the guardianship provisions in this
745	section.
746	(3) If a minor is surrendered to an adoption entity
747	intermediaryfor subsequent adoption and a suitable prospective
748	adoptive home is not available pursuant to s. 63.092 at the time
749	the minor is surrendered to the adoption entityintermediary or,
750	if the minor is a newborn admitted to a licensed hospital or
751	birth center, at the time the minor is discharged from the
752	hospital or birth center, the minor must be placed in foster
753	care or with a relativeuntil such a suitable prospective
754	adoptive home is available.
755	(4) If a minor is voluntarily surrendered to an adoption
756	entity for subsequent adoption and the adoption does not become
757	final within 180 days after termination of parental rights, the
758	adoption entity must report to the court on the status of the
759	minor and the court may at that time proceed under s. 39.701 or
760	take action reasonably necessary to protect the best interest of
761	the minor.
762	(5) The recital in athe written consent, answer, or
763	recommendation filed by an adoption entitygiven by the
764	department that the minor sought to be adoptedhas been
765	permanently committed to the adoption entity or that the
766	adoption entity is duly licenseddepartmentshall be prima facie
767	proof of such commitment. A consent for adoption signed by an
768	adoption entity need not comply with s. 63.082.The recital in
769	the written consent given by a licensed child-placing agency or
770	the declaration in an answer or recommendation filed by a
771	licensed child-placing agency that the minor has been
772	permanently committed and the child-placing agency is duly
773	licensed by the department shall be prima facie proof of such
774	commitment and of such license.
775	(6) Unless otherwise authorized by law or ordered by the
776	court, the department is not responsible for expenses incurred
777	by other adoption entities participating in placement of a minor
778	for the purposes of adoption.
779	(7) The court retains jurisdiction of a minor who has been
780	placed for adoption until the adoption is final. After a minor
781	is placed with an adoption entity or prospective adoptive
782	parent, the court may review the status of the minor and the
783	progress toward permanent adoptive placement. As part of this
784	continuing jurisdiction, for good cause shown by a person whose
785	consent to an adoption is required under s. 63.062, the adoption
786	entity, the parents, persons having legal custody of the minor,
787	persons with custodial or visitation rights to the minor,
788	persons entitled to notice pursuant to the Uniform Child Custody
789	Jurisdiction Act or the Indian Child Welfare Act, or upon the
790	court's own motion, the court may review the appropriateness of
791	the adoptive placement of the minor.
792	Section 10. Section 63.053, Florida Statutes, is created
793	to read:
794	63.053 Rights and responsibilities of an unmarried
795	biological father; legislative findings.--
796	(1) In enacting the provisions contained in this chapter,
797	the Legislature prescribes the conditions for determining
798	whether an unmarried biological father's actions are
799	sufficiently prompt and substantial so as to require protection
800	of a constitutional right. If an unmarried biological father
801	fails to take the actions that are available to him to establish
802	a relationship with his child, his parental interest may be lost
803	entirely, or greatly diminished, by his failure to timely comply
804	with the available legal steps to substantiate a parental
805	interest.
806	(2) The Legislature finds that the interests of the state,
807	the mother, the child, and the adoptive parents described in
808	this chapter outweigh the interest of an unmarried biological
809	father who does not take action in a timely manner to establish
810	and demonstrate a relationship with his child in accordance with
811	the requirements of this chapter. An unmarried biological father
812	has the primary responsibility to protect his rights and is
813	presumed to know that his child may be adopted without his
814	consent unless he complies with the provisions of this chapter
815	and demonstrates a prompt and full commitment to his parental
816	responsibilities.
817	(3) The Legislature finds that a birth mother and a birth
818	father have a right to privacy.
819	Section 11. Section 63.054, Florida Statutes, is created
820	to read:
821	63.054 Actions required by an unmarried biological father
822	to establish parental rights; Florida Putative Father
823	Registry.--
824	(1) In order to preserve the right to notice and consent
825	to an adoption under this chapter, an unmarried biological
826	father must, as the "registrant," file a notarized claim of
827	paternity form with the Florida Putative Father Registry
828	maintained by the Office of Vital Statistics of the Department
829	of Health and shall include therein confirmation of his
830	willingness and intent to support the child for whom paternity
831	is claimed in accordance with state law. The claim of paternity
832	may be filed at any time prior to the child's birth, but a claim
833	of paternity may not be filed after the date a petition is filed
834	for termination of parental rights.
835	(2) By filing a claim of paternity form with the Office of
836	Vital Statistics, the registrant expressly consents to submit to
837	DNA testing upon the request of any party, the registrant, or
838	the adoption entity with respect to the child referenced in the
839	claim of paternity.
840	(3) The Office of Vital Statistics of the Department of
841	Health shall adopt by rule the appropriate claim of paternity
842	form in English, Spanish, and Creole in order to facilitate the
843	registration of an unmarried biological father with the Florida
844	Putative Father Registry and shall, within existing resources,
845	make these forms available through local offices of the
846	Department of Health and the Department of Children and Family
847	Services, the Internet websites of those agencies, and the
848	offices of the clerks of the circuit court. The claim of
849	paternity form shall be signed by the unmarried biological
850	father and must include his name, address, date of birth, and
851	physical description. In addition, the registrant shall provide,
852	if known, the name, address, date of birth, and physical
853	description of the mother; the date, place, and location of
854	conception of the child; and the name, date, and place of birth
855	of the child or estimated date of birth of the expected minor
856	child, if known. The claim of paternity form shall be signed
857	under oath by the registrant.
858	(4) Upon initial registration, or at any time thereafter,
859	the registrant may designate an address other than his
860	residential address for sending any communication regarding his
861	registration. Similarly, upon initial registration, or at any
862	time thereafter, the registrant may designate, in writing, an
863	agent or representative to receive any communication on his
864	behalf and receive service of process. The agent or
865	representative must file an acceptance of the designation, in
866	writing, in order to receive notice or service of process. The
867	failure of the designated representative or agent of the
868	registrant to deliver or otherwise notify the registrant of
869	receipt of correspondence from the Florida Putative Father
870	Registry is at the registrant's own risk and shall not serve as
871	a valid defense based upon lack of notice.
872	(5) The registrant may, at any time prior to the birth of
873	the child for whom paternity is claimed, execute a notarized
874	written revocation of the claim of paternity previously filed
875	with the Florida Putative Father Registry, and upon receipt of
876	such revocation, the claim of paternity shall be deemed null and
877	void. If a court determines that a registrant is not the father
878	of the minor, the court shall order the department to remove the
879	registrant’s name from the registry.
880	(6) It is the obligation of the registrant or, if
881	designated under subsection (4), his designated agent or
882	representative to notify and update the Office of Vital
883	Statistics of any change of address or change in the designation
884	of an agent or representative. The failure of a registrant, or
885	designated agent or representative, to report any such change is
886	at the registrant's own risk and shall not serve as a valid
887	defense based upon lack of notice, unless the person petitioning
888	for termination of parental rights or adoption has actual or
889	constructive notice of the registrant's address and whereabouts
890	from another source.
891	(7) In each proceeding for termination of parental rights
892	or each adoption proceeding filed under this chapter, the
893	petitioner must contact the Office of Vital Statistics of the
894	Department of Health by submitting an application for a search
895	of the Florida Putative Father Registry. The petitioner shall
896	provide the same information, if known, on the search
897	application form which the registrant is required to furnish
898	under subsection (3). Thereafter, the Office of Vital Statistics
899	must issue a certificate signed by the State Registrar
900	certifying:
901	(a) The identity and contact information, if any, for each
902	registered unmarried biological father whose information matches
903	the search request sufficiently so that such person may be
904	considered a possible father of the subject child; or
905	(b) That a diligent search has been made of the registry
906	of registrants who may be the unmarried biological father of the
907	subject child and that no matching registration has been located
908	in the registry.
909
910	This certificate must be filed with the court in the proceeding
911	to terminate parental rights or the adoption proceeding. If a
912	termination of parental rights and an adoption proceeding are
913	being adjudicated simultaneously, the Florida Putative Father
914	Registry need only be searched once.
915	(8) If an unmarried biological father does not know the
916	county in which the birth mother resides, gave birth, or intends
917	to give birth, he may initiate an action in any county in the
918	state, subject to the birth mother's right to change venue to
919	the county where she resides.
920	(9) The Department of Health shall establish and maintain
921	a Florida Putative Father Registry through its Office of Vital
922	Statistics, in accordance with the requirements of this section.
923	The Department of Health may charge a nominal fee to cover the
924	costs of filing and indexing the Florida Putative Father
925	Registry and the costs of searching the registry.
926	(10) The Department of Health shall, within existing
927	resources, prepare and adopt by rule application forms for
928	initiating a search of the Florida Putative Father Registry and
929	shall make those forms available through the local offices of
930	the Department of Health and the Department of Children and
931	Family Services and the offices of the clerks of the circuit
932	court.
933	(11) The Department of Health shall produce and
934	distribute, within existing resources, a pamphlet or publication
935	informing the public about the Florida Putative Father Registry
936	and which is printed in English, Spanish, and Creole. The
937	pamphlet shall indicate the procedures for voluntary
938	acknowledgment of paternity, the consequences of acknowledgment
939	of paternity, the consequences of failure to acknowledge
940	paternity, and the address of the Florida Putative Father
941	Registry. Such pamphlets or publications shall be made available
942	for distribution at all offices of the Department of Health and
943	the Department of Children and Family Services and shall be
944	included in health class curriculums taught in public and
945	charter schools in this state. The Department of Health shall
946	also provide such pamphlets or publications to hospitals,
947	adoption entities, libraries, medical clinics, schools,
948	universities, and providers of child-related services, upon
949	request. In cooperation with the Department of Highway Safety
950	and Motor Vehicles, each person applying for a Florida driver's
951	license, or renewal thereof, and each person applying for a
952	Florida identification card shall be offered the pamphlet or
953	publication informing the public about the Florida Putative
954	Father Registry.
955	(12) The Department of Health shall, within existing
956	resources, provide additional information about the Florida
957	Putative Father Registry and its services to the public in
958	English, Spanish, and Creole using public service announcements,
959	Internet websites, and such other means as it deems appropriate.
960	(13) The filing of a claim of paternity with the Florida
961	Putative Father Registry does not excuse or waive the obligation
962	of a petitioner to comply with the requirements for conducting a
963	diligent search and inquiry with respect to the identity of an
964	unmarried biological father or legal father which are set forth
965	in this chapter.
966	(14) The Office of Vital Statistics of the Department of
967	Health is authorized to adopt rules to implement this section.
968	Section 12. Section 63.062, Florida Statutes, is amended
969	to read:
970	63.062 Persons required to consent to adoption; affidavit
971	of nonpaternity; waiver of venue.--
972	(1) Unless supported by one or more of the grounds
973	enumerated under s. 63.089(3), a petition to terminate parental
974	rights pending adoption may be granted only if written consent
975	has been executed as provided in s. 63.082 after the birth of
976	the minor or notice has been served under s. 63.088 to:
977	(a) The mother of the minor.
978	(b) The father of the minor, if:
979	1. The minor was conceived or born while the father was
980	married to the mother;
981	2. The minor is his child by adoption; or
982	3. The minor has been established by court proceeding to
983	be his child;
984	4. He has filed an affidavit of paternity pursuant to s.
985	382.013(2)(c); or
986	5. In the case of an unmarried biological father, he has
987	acknowledged in writing, signed in the presence of a competent
988	witness, that he is the father of the minor, has filed such
989	acknowledgement with the Office of Vital Statistics of the
990	Department of Health within the required timeframes, and has
991	complied with the requirements of subsection (2).
992	(c) If there is no father as set forth in paragraph (b),
993	any man established to be the father of the child by scientific
994	tests that are generally acceptable within the scientific
995	community to show a probability of paternity.
996	(d) If there is no father as set forth in paragraph (b) or
997	paragraph(c), any man who the mother has reason to believe may
998	be the father of the minor and who:
999	1. Has acknowledged in writing, signed in the presence of
1000	a competent witness, that he is the father of the minor and has
1001	filed such acknowledgment with the Office of Vital Statistics of
1002	the Department of Health;
1003	2. Has provided, or has attempted to provide, the child or
1004	the mother during her pregnancy with support in a repetitive,
1005	customary manner; or
1006	3. Has been identified by the birth mother as a person she
1007	has reason to believe may be the father of the minor in an
1008	action to terminate parental rights pending adoption pursuant to
1009	this chapter.
1010	(e) Any person who is a party in any pending proceeding in
1011	which paternity, custody, or termination of parental rights
1012	regarding the minor is at issue.
1013	(f) Any father who has provided, or has attempted to
1014	provide, the child or the mother during her pregnancy with
1015	support in a repetitive, customary manner, if consent has been
1016	obtained under paragraph (a) and subparagraph (b)1.
1017	(c)(g) The minor, if more than 12 years of age or older,
1018	unless the court in the best interest of the minor dispenses
1019	with the minor's consent.
1020	(d) Any person lawfully entitled to custody of the minor
1021	if required by the court.
1022	(e) The court having jurisdiction to determine custody of
1023	the minor, if the person having physical custody of the minor
1024	does not have authority to consent to the adoption.
1025	(2) In accordance with subsection (1), the consent of an
1026	unmarried biological father shall be necessary only if the
1027	unmarried biological father has complied with the requirements
1028	of this subsection.
1029	(a)1. With regard to a child who is placed with adoptive
1030	parents more than 6 months after the child's birth, an unmarried
1031	biological father must have developed a substantial relationship
1032	with the child, taken some measure of responsibility for the
1033	child and the child's future, and demonstrated a full commitment
1034	to the responsibilities of parenthood by providing financial
1035	support to the child in accordance with the unmarried biological
1036	father's ability, if not prevented from doing so by the person
1037	or authorized agency having lawful custody of the child, and
1038	either:
1039	a. Regularly visited the child at least monthly, when
1040	physically and financially able to do so and when not prevented
1041	from doing so by the birth mother or the person or authorized
1042	agency having lawful custody of the child; or
1043	b. Maintained regular communication with the child or with
1044	the person or agency having the care or custody of the child,
1045	when physically or financially unable to visit the child or when
1046	not prevented from doing so by the birth mother or person or
1047	authorized agency having lawful custody of the child.
1048	2. The mere fact that an unmarried biological father
1049	expresses a desire to fulfill his responsibilities towards his
1050	child which is unsupported by acts evidencing this intent does
1051	not preclude a finding by the court that the unmarried
1052	biological father failed to comply with the requirements of this
1053	subsection.
1054	3. An unmarried biological father who openly lived with
1055	the child for at least 6 months within the 1-year period
1056	following the birth of the child and immediately preceding
1057	placement of the child with adoptive parents and who openly held
1058	himself out to be the father of the child during that period
1059	shall be deemed to have developed a substantial relationship
1060	with the child and to have otherwise met the requirements of
1061	this paragraph.
1062	(b) With regard to a child who is younger than 6 months of
1063	age at the time the child is placed with the adoptive parents,
1064	an unmarried biological father must have demonstrated a full
1065	commitment to his parental responsibility by having performed
1066	all of the following acts prior to the time the mother executes
1067	her consent for adoption:
1068	1. Filed a notarized claim of paternity form with the
1069	Florida Putative Father Registry within the Office of Vital
1070	Statistics of the Department of Health, which form shall be
1071	maintained in the confidential registry established for that
1072	purpose and shall be considered filed when the notice is entered
1073	in the registry of notices from unmarried biological fathers.
1074	2. Upon service of a notice of an intended adoption plan
1075	or a petition for termination of parental rights pending
1076	adoption, executed and filed an affidavit in that proceeding
1077	stating that he is personally fully able and willing to take
1078	responsibility for the child, setting forth his plans for care
1079	of the child, and agreeing to a court order of child support and
1080	a contribution to the payment of living and medical expenses
1081	incurred for the mother's pregnancy and the child's birth in
1082	accordance with his ability to pay.
1083	3. If he had knowledge of the pregnancy, paid a fair and
1084	reasonable amount of the expenses incurred in connection with
1085	the mother's pregnancy and the child's birth, in accordance with
1086	his financial ability and when not prevented from doing so by
1087	the birth mother or person or authorized agency having lawful
1088	custody of the child.
1089	(c) The petitioner shall file with the court a certificate
1090	from the Office of Vital Statistics stating that a diligent
1091	search has been made of the Florida Putative Father Registry of
1092	notices from unmarried biological fathers described in
1093	subparagraph (b)1. and that no filing has been found pertaining
1094	to the father of the child in question or, if a filing is found,
1095	stating the name of the putative father and the time and date of
1096	filing. That certificate shall be filed with the court prior to
1097	the entry of a final judgment of termination of parental rights.
1098	(d) An unmarried biological father who does not comply
1099	with each of the conditions provided in this subsection is
1100	deemed to have waived and surrendered any rights in relation to
1101	the child, including the right to notice of any judicial
1102	proceeding in connection with the adoption of the child, and his
1103	consent to the adoption of the child is not required.
1104	(3)(a) Pursuant to chapter 48, an adoption entity may
1105	serve upon any unmarried biological father identified by the
1106	mother or identified by a diligent search of the Florida
1107	Putative Father Registry, or upon an entity whose consent is
1108	required, a notice of intended adoption plan at any time prior
1109	to the placement of the child in the adoptive home, including
1110	prior to the birth of the child. The notice of intended adoption
1111	plan must specifically state that if the unmarried biological
1112	father desires to contest the adoption plan, he must file with
1113	the court, within 30 days after service, a verified response
1114	that contains a pledge of commitment to the child in substantial
1115	compliance with subparagraph (2)(b)2. The notice of intended
1116	adoption plan shall notify the unmarried biological father that
1117	he must file a claim of paternity form with the Office of Vital
1118	Statistics within 30 days after service upon him and must
1119	provide the adoption entity with a copy of the verified response
1120	filed with the court and the claim of paternity form filed with
1121	the Office of Vital Statistics. If the party served with the
1122	notice of intended adoption plan is an entity, the entity must
1123	file, within 30 days after service, a verified response setting
1124	forth a legal basis for contesting the intended adoption plan,
1125	specifically addressing the best interest of the child. If the
1126	unmarried biological father or entity whose consent is required
1127	fails to properly file a verified response with the court and,
1128	in the case of an unmarried biological father, a claim of
1129	paternity form with the Office of Vital Statistics within 30
1130	days after service upon that unmarried biological father or
1131	entity whose consent is required, the consent of that unmarried
1132	biological father or entity shall no longer be required under
1133	this chapter and that party shall be deemed to have waived any
1134	claim of rights to the child. Each notice of intended adoption
1135	plan served upon an unmarried biological father must include
1136	instructions as to the procedure the unmarried biological father
1137	must follow to submit a claim of paternity form to the Office of
1138	Vital Statistics and the address to which the registration must
1139	be directed.
1140	(b) If the birth mother identifies a man who she believes
1141	is the unmarried biological father of her child, the adoption
1142	entity may provide a notice of intended adoption plan pursuant
1143	to paragraph (a). If the mother identifies a potential unmarried
1144	biological father whose location is unknown, the adoption entity
1145	shall conduct a diligent search pursuant to s. 63.088. If, upon
1146	completion of a diligent search, the potential unmarried
1147	biological father's location remains unknown and a search of the
1148	Florida Putative Father Registry fails to reveal a match, the
1149	adoption entity shall request in the petition for termination of
1150	parental rights pending adoption that the court declare the
1151	diligent search to be in compliance with s. 63.088 and to
1152	further declare that the adoption entity shall have no further
1153	obligation to provide notice to the potential unmarried
1154	biological father and that the potential unmarried biological
1155	father's consent to the adoption shall not be required.
1156	(4)(2) Any person whose consent is required under
1157	paragraphs (1)(c)-(e)paragraph (1)(c) or paragraph (1)(d)may
1158	execute an irrevocableaffidavit of nonpaternity in lieu of a
1159	consent under this section and by doing so waives notice to all
1160	court proceedings after the date of execution. An affidavit of
1161	nonpaternity must be executed as provided in s. 63.082. The
1162	affidavit of nonpaternity may be executed prior to the birth of
1163	the child.The person executing the affidavit must receive
1164	disclosure under s. 63.085 prior to signing the affidavit.
1165	(5)(3)A person who signs a consent to adoption or an
1166	affidavit of nonpaternity must be given reasonable notice of his
1167	or her right to select a person who does not have an employment,
1168	professional, or personal relationship with the adoption entity
1169	or the prospective adoptive parents to be present when the
1170	consent to adoption or affidavit of nonpaternity is executed and
1171	to sign the consent or affidavit as a witness.
1172	(4) An affidavit of nonpaternity must be in substantially
1173	the following form:
1174
1175	AFFIDAVIT OF NONPATERNITY
1176
1177	1. I have personal knowledge of the facts stated in this
1178	affidavit.
1179	2. I have been told that ____ has a child. I shall not
1180	establish or claim paternity for this child, whose name is ____
1181	and whose date of birth is ____.
1182	3. The child referenced in this affidavit was not
1183	conceived or born while the birth mother was married to me. I AM
1184	NOT MARRIED TO THE BIRTH MOTHER, nor do I intend to marry the
1185	birth mother.
1186	4. With respect to the child referenced in this
1187	affidavit, I have not provided the birth mother with child
1188	support or prebirth support; I have not provided her with
1189	prenatal care or assisted her with medical expenses; I have not
1190	provided the birth mother or her child or unborn child with
1191	support of any kind, nor do I intend to do so.
1192	5. I have no interest in assuming the responsibilities of
1193	parenthood for this child. I will not acknowledge in writing
1194	that I am the father of this child or institute court
1195	proceedings to establish the child as mine.
1196	6. I do not object to any decision or arrangements ____
1197	makes regarding this child, including adoption.
1198	7. I have been told of my right to choose a person who
1199	does not have an employment, professional, or personal
1200	relationship with the adoption entity or the prospective
1201	adoptive parents to be present when this affidavit is executed
1202	and to sign it as a witness.
1203
1204	I WAIVE NOTICE OF ANY AND ALL PROCEEDINGS TO TERMINATE PARENTAL
1205	RIGHTS OR FINALIZE AN ADOPTION UNDER CHAPTER 63, FLORIDA
1206	STATUTES.
1207
1208	(5) The court may require that consent be executed by:
1209	(a) Any person lawfully entitled to custody of the minor;
1210	or
1211	(b) The court having jurisdiction to determine custody of
1212	the minor, if the person having physical custody of the minor
1213	has no authority to consent to the adoption.
1214	(6) The petitioner must make good faith and diligent
1215	efforts as provided under s. 63.088 to notify, and obtain
1216	written consent from, the persons required to consent to
1217	adoption under this section.
1218	(7) If parental rights to the minor have previously been
1219	terminated, the adoption entitya licensed child-placing agency,
1220	a child-caring agency registered under s. 409.176, or the
1221	departmentwith which the minor has been placed for subsequent
1222	adoption may provide consent to the adoption. In such case, no
1223	other consent is required.
1224	(8) A petition to adopt an adult may be granted if:
1225	(a) Written consent to adoption has been executed by the
1226	adult and the adult's spouse, if any.
1227	(b) Written notice of the final hearing on theconsent to
1228	adoption has been provided toexecuted bythe parents, if any,
1229	or proof of service of process has been filed, showing notice
1230	has been served on the parents as provided in this chapter.
1231	(9)(a)A petition for termination of parental rights shall
1232	be filed in the appropriate county as determined under s.
1233	63.087(2). If the parent or parents whose rights are to be
1234	terminated object to venue in the county where the action was
1235	filed, the court may transfer the action to the county where the
1236	objecting parent or parents reside, unless the objecting parent
1237	has previously executed a waiver of venue.In cases involving a
1238	child younger than 6 months of age in which venue for the
1239	termination of parental rights may be located in a county other
1240	than where the parent whose rights are to be terminated resides,
1241	the adoption entity must obtain, from any party executing an
1242	affidavit of nonpaternity or consent, a waiver of venue, which
1243	must be filed with the petition and must be in substantially the
1244	following form:
1245
1246	WAIVER OF VENUE
1247
1248	I understand that I have the right to require that the Petition
1249	to terminate my parental rights be filed in the county where I
1250	reside. I waive such right so that the Petition to Terminate
1251	Parental Rights may be filed by . . . (adoption entity) . . .
1252	in . . . (county name) . . . County, Florida.
1253
1254	I understand that, after signing this waiver, I may object to
1255	the county where the proceedings to terminate my parental rights
1256	will be held by appearing at the hearing or by filing a written
1257	objection, on the attached form, with the Clerk of the Court who
1258	is located at . . . (address of court) . . . . If I later
1259	object to this transfer of venue, the case will be transferred
1260	to a county in Florida in which I reside if I intend to assert
1261	legally recognized grounds to contest a termination of parental
1262	rights. If I have no such residence, the case will be
1263	transferred to a county where another parent resides or where at
1264	least one parent resided at the time of signing a consent or
1265	affidavit of nonpaternity.
1266
1267	(10)(b)1.The waiver of venue must be a separate document
1268	containing no consents, disclosures, or other information
1269	unrelated to venue.
1270	2. Adoption entities must attach to the waiver of venue a
1271	form that the parent whose rights are to be terminated may use
1272	to request a transfer of venue for the proceeding. This form
1273	must contain the intended caption of the action for termination
1274	of parental rights and information identifying the child which
1275	will be sufficient for the clerk to properly file the form upon
1276	receipt.
1277	3. This form must include a notice that if an adoption
1278	entity knows that a parent whose rights will be terminated
1279	intends to object to the termination but intentionally files the
1280	petition for termination of parental rights in a county which is
1281	not consistent with the required venue under such circumstances,
1282	the adoption entity shall be responsible for the attorney's fees
1283	of the parent contesting the transfer of venue.
1284	Section 13. Section 63.063, Florida Statutes, is created
1285	to read:
1286	63.063 Responsibility of each party for their own actions;
1287	fraud or misrepresentation; statutory compliance.--
1288	(1) Each parent of a child conceived or born outside of
1289	marriage is responsible for his or her own actions and is not
1290	excused from compliance with the provisions of this chapter
1291	based upon any action, statement, or omission of the other
1292	parent or a third party, except as provided in s. 63.062(2)(a).
1293	(2) Any person injured by a fraudulent representation or
1294	action in connection with an adoption is entitled to pursue
1295	civil or criminal penalties as provided by law. A fraudulent
1296	representation is not a defense to compliance with the
1297	requirements of this chapter and is not a basis for dismissing a
1298	petition for termination of parental rights or a petition for
1299	adoption, for vacating an adoption decree, or for granting
1300	custody to the offended party. Custody and adoption
1301	determinations shall be based on the best interest of the child
1302	in accordance with s. 61.13.
1303	(3) The Legislature finds no way to remove all risk of
1304	fraud or misrepresentation in adoption proceedings and has
1305	provided a method for absolute protection of an unmarried
1306	biological father's rights by compliance with the provisions of
1307	this chapter. In balancing the rights and interests of the state
1308	and of all parties affected by fraud, including the child, the
1309	adoptive parents, and the unmarried biological father, the
1310	Legislature has determined that the unmarried biological father
1311	is in the best position to prevent or ameliorate the effects of
1312	fraud and, therefore, has the burden of preventing fraud.
1313	(4) The Legislature finds that an unmarried biological
1314	father who resides in another state may not, in every
1315	circumstance, be reasonably presumed to know of and comply with
1316	the requirements of this chapter. Therefore, if all of the
1317	following requirements have been met, an unmarried biological
1318	father may contest a termination of parental rights or
1319	subsequent adoption and, prior to entry of the final judgment of
1320	adoption, assert his interest in the child. Following such
1321	assertion, the court may, in its discretion, proceed with an
1322	evidentiary hearing if:
1323	(a) The unmarried biological father resides and has
1324	resided in another state where the unmarried mother was also
1325	located or resided.
1326	(b) The unmarried mother left that state without notifying
1327	or informing the unmarried biological father that she could be
1328	located in the State of Florida.
1329	(c) The unmarried biological father has, through every
1330	reasonable means, attempted to locate the mother but does not
1331	know or have reason to know that the mother is residing in the
1332	State of Florida.
1333	(d) The unmarried biological father has substantially
1334	complied with the requirements of the state where the mother
1335	previously resided or was located in order to protect and
1336	preserve his parental interest and rights with regard to the
1337	child.
1338	Section 14. Section 63.064, Florida Statutes, is created
1339	to read:
1340	63.064 Persons whose consent to an adoption may be
1341	waived.--The court may waive the consent of the following
1342	individuals to an adoption:
1343	(1) A parent who has deserted a child without means of
1344	identification or who has abandoned a child.
1345	(2) A parent whose parental rights have been terminated by
1346	order of a court of competent jurisdiction.
1347	(3) A parent who has been judicially declared incompetent
1348	and for whom restoration of competency is medically improbable.
1349	(4) A legal guardian or lawful custodian of the person to
1350	be adopted, other than a parent, who has failed to respond in
1351	writing to a request for consent for a period of 60 days or who,
1352	after examination of his or her written reasons for withholding
1353	consent, is found by the court to be withholding his or her
1354	consent unreasonably.
1355	(5) The spouse of the person to be adopted, if the failure
1356	of the spouse to consent to the adoption is excused by reason of
1357	prolonged and unexplained absence, unavailability, incapacity,
1358	or circumstances that are found by the court to constitute
1359	unreasonable withholding of consent.
1360	Section 15. Section 63.082, Florida Statutes, is amended
1361	to read:
1362	63.082 Execution of consent to adoption or affidavit of
1363	nonpaternity; family social and medical history; withdrawal of
1364	consent.--
1365	(1)(a)Consent to an adoption or an affidavit of
1366	nonpaternity shall be executed as follows:
1367	1.(a)If by the person to be adopted, by oral or written
1368	statement in the presence of the court or by being acknowledged
1369	before a notary public and in the presence of two witnesses.
1370	2.(b)If by an agency, by affidavit from its authorized
1371	representative.
1372	3.(c)If by any other person, in the presence of the court
1373	or by affidavit acknowledged before a notary public and in the
1374	presence of two witnesses.
1375	4.(d)If by a court, by an appropriate order or
1376	certificate of the court.
1377	(b) A minor parent has the power to consent to the
1378	adoption of his or her child and has the power to relinquish his
1379	or her control or custody of the child to an adoption entity.
1380	Such consent or relinquishment is valid and has the same force
1381	and effect as a consent or relinquishment executed by an adult
1382	parent. A minor parent, having executed a consent or
1383	relinquishment, may not revoke that consent upon reaching the
1384	age of majority or otherwise becoming emancipated.
1385	(c) A consent or an affidavit of nonpaternity executed by
1386	a minor parent who is 14 years of age or younger must be
1387	witnessed by a parent, legal guardian, or court-appointed
1388	guardian ad litem.
1389	(d) The notice and consent provisions of this chapter as
1390	they relate to the birth of a child or to legal fathers do not
1391	apply in cases in which the child is conceived as a result of a
1392	violation of the criminal laws of this state, including, but not
1393	limited to, sexual battery, lewd acts perpetrated upon a minor,
1394	or incest.
1395	(2) A consent that does not name or otherwise identify the
1396	adopting parent is valid if the consent contains a statement by
1397	the person consenting that the consent was voluntarily executed
1398	and that identification of the adopting parent is not required
1399	for granting the consent.
1400	(3)(a) The department must provide a consent form anda
1401	family social and medical history form to an adoption entity
1402	that intends to place a child for adoption. Forms containing, at
1403	a minimum, the same information as the forms promulgated by the
1404	department must be attached to the petition to terminate
1405	parental rights pending adoption and must contain such
1406	biological and sociological information or suchinformation as
1407	to the family medical history,regarding the minor and the
1408	parents, as is required by the department. This form is not
1409	required for adoptions of relatives, adult adoptions, or
1410	adoptions of stepchildren, unless parental rights are being or
1411	were terminated pursuant to chapter 39. The information must be
1412	filed with the court in the termination of parental rights
1413	proceedingincorporated into the final home investigation report
1414	specified in s. 63.125.
1415	(b) A good faith and diligent effort must be made to have
1416	each parent whose identity is known and whose consent is
1417	requiredEach parent must beinterviewed by a representative of
1418	the adoption entitydepartment, a licensed child-placing agency,
1419	or a licensed professional, pursuant to s. 63.092,before the
1420	consent is executed, unless the parent cannot be located or
1421	identified. A summary of each interview, or a statement that the
1422	parent is unidentified, unlocated, or unwilling or unavailable
1423	to be interviewedunlocated or unidentified, must be filed with
1424	the petition to terminate parental rights pending adoption and
1425	included in the final home investigation report filed under s.
1426	63.125. The interview may be excused by the court for good
1427	cause. This interview is not required for adoptions of
1428	relatives, adult adoptions, or adoptions of stepchildren, unless
1429	parental rights are being or were terminated pursuant to chapter
1430	39.
1431	(b) Consent executed by an appropriate order or
1432	certificate of the court if executed under s. 63.062(5)(b) must
1433	be attached to the petition to terminate parental rights pending
1434	adoption.
1435	(c) If any person who is required to consent or social and
1436	medical history is unavailable because the person whose consent
1437	is required cannot be located or identified, the petition to
1438	terminate parental rights pending adoption must be accompanied
1439	by the affidavit of diligent search required under s. 63.088.
1440	(d) If any person who is required to consent is
1441	unavailable because the person is deceased, the petition to
1442	terminate parental rights pending adoption must be accompanied
1443	by a certified copy of the death certificate. In an adoption of
1444	a stepchild or a relative, the certified copy of the death
1445	certificate of the person whose consent is required must be
1446	attached to the petition for adoption.
1447	(4)(a) An affidavit of nonpaternity may be executed before
1448	the birth of the minor; however, the consent to an adoption or
1449	affidavit of nonpaternityshall not be executed before the birth
1450	of the minor.
1451	(b) A consent to the adoption of a minor who is to be
1452	placed for adoption with identified prospective adoptive parents
1453	under s. 63.052, upon the minor's release from a licensed
1454	hospital or birth center following birth, shall not be executed
1455	by the birth mothersooner than 48 hours after the minor's birth
1456	or the day the birth mother has been notified in writing, either
1457	on her patient chart or in release paperwork, that she is fit to
1458	be released from thealicensed hospital or birth center,
1459	whichever is earlier. A consent by a biological father or legal
1460	father may be executed at any time after the birth of the child.
1461	A consent executed under this paragraph is valid upon execution
1462	and may be withdrawn only if the court finds that it was
1463	obtained by fraud or under duress. The waiting period provided
1464	in this paragraph does not apply in any case in which the
1465	revocation period in paragraph (c) applies.
1466	(c) When the minor to be adopted is older than 6 months of
1467	age at the time of the execution of the consentnot placed
1468	pursuant to s. 63.052 upon the minor's release from a licensed
1469	hospital or birth center following birth, the consent to
1470	adoption may be executed at any time after the birth of the
1471	minor. While such consent is valid upon execution; however, it
1472	is subject to athe 3-day revocation period under subsection (7)
1473	or may be revoked at any time prior to the placement of the
1474	minor with the prospective adoptive parents, whichever is later.
1475	If a consent has been executed, this subsection may not be
1476	construed to provide a birth parent with more than 3 days to
1477	revoke thethatconsent once the child has been placed with the
1478	prospective adoptive parents. The revocation period provided in
1479	this paragraph does not apply in any case in which the waiting
1480	period in paragraph(b) applies.
1481	(d) The consent to adoption or the affidavit of
1482	nonpaternity must be signed in the presence of two witnesses and
1483	be acknowledged before a notary public who is not signing as one
1484	of the witnesses. The notary public must legibly note on the
1485	consent or the affidavit the date and time of execution. The
1486	witnesses' names must be typed or printed underneath their
1487	signatures. The witnesses' home or business addresses and social
1488	security numbers, driver's license numbers, or state
1489	identification card numbers must be included. The absence of a
1490	social security number, driver's license number, or state
1491	identification card number shall not invalidate the consent.The
1492	person who signs the consent or the affidavit has the right to
1493	have at least one of the witnesses be an individual who does not
1494	have an employment, professional, or personal relationship with
1495	the adoption entity or the prospective adoptive parents. The
1496	adoption entity must give reasonable notice to the person
1497	signing the consent or affidavit of the right to select a
1498	witness of his or her own choosing. The person who signs the
1499	consent or affidavit must acknowledge in writing on the consent
1500	or affidavit that such notice was given and indicate the
1501	witness, if any, who was selected by the person signing the
1502	consent or affidavit. The adoption entity must include its name,
1503	address, and telephone number on the consent to adoption or
1504	affidavit of nonpaternity.
1505	(e) A consent to adoption being executed by the birth
1506	parent must becontain, in at least 12-point16-pointboldfaced
1507	type, an acknowledgment of the parent's rightsin substantially
1508	the following form:
1509
1510	CONSENT TO ADOPTION
1511
1512	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
1513	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
1514	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
1515	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
1516	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
1517	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
1518	WITNESSES YOU SELECTED, IF ANY.
1519
1520	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
1521	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
1522	CONSENT:
1523
1524	1. CONSULT WITH AN ATTORNEY;
1525	2. HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
1526	LEGALLY PROHIBITED;
1527	3. PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
1528	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
1529	4. TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
1530	PROHIBITED; AND
1531	5. FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
1532	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
1533
1534	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
1535	YOUR CHILD. YOUR CONSENT IS VALID,AND BINDING, AND IRREVOCABLE
1536	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCESUNLESS WITHDRAWN AS
1537	PERMITTED BY LAW. IF YOU ARE GIVING UP YOUR RIGHTS TO A NEWBORN
1538	CHILD WHO IS TO BE IMMEDIATELY PLACED FOR ADOPTION WITH
1539	IDENTIFIED PROSPECTIVE ADOPTIVE PARENTSUPON THE CHILD'S RELEASE
1540	FROM A LICENSED HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, A
1541	WAITING PERIOD WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE SHE
1542	YOU MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH MOTHERYOUMUST
1543	WAIT 48 HOURS FROM THE TIME OF BIRTH, OR UNTIL THE DAYTHE BIRTH
1544	MOTHER HAS BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT CHART
1545	OR IN RELEASE PAPERS, THAT SHE IS FIT TO BE RELEASED FROM A
1546	LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS SOONER, BEFORE
1547	YOU MAY SIGN THE CONSENT FOR ADOPTION MAY BE EXECUTED. A
1548	BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
1549	BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT, IT IS
1550	VALID,AND BINDING, AND IRREVOCABLEAND CANNOT BE WITHDRAWN
1551	UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR UNDER
1552	DURESS.
1553
1554	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
1555	AND YOU WISH TO REVOKE THAT CONSENTIF YOU ARE GIVING UP YOUR
1556	RIGHTS TO A CHILD WHO IS NOT PLACED FOR ADOPTION UPON THE
1557	CHILD'S RELEASE FROM A LICENSED HOSPITAL OR BIRTH CENTER
1558	FOLLOWING BIRTH, YOU MAY SIGN THE CONSENT AT ANY TIME AFTER THE
1559	BIRTH OF THE CHILD. WHILE THE CONSENT IS VALID AND BINDING WHEN
1560	SIGNED, YOU HAVE TIME TO CHANGE YOUR MIND. THIS TIME IS CALLED
1561	THE REVOCATION PERIOD. WHEN THE REVOCATION PERIOD APPLIES, YOU
1562	MAY WITHDRAW YOUR CONSENT FOR ANY REASON AT ANY TIME PRIOR TO
1563	THE PLACEMENT OF THE CHILD WITH THE PROSPECTIVE ADOPTIVE
1564	PARENTS, OR IF YOU DO IT WITHIN 3 BUSINESS DAYS AFTER THE DATE
1565	YOU SIGNED THE CONSENT OR 1 BUSINESS DAY AFTER THE DATE OF THE
1566	BIRTH MOTHER'S DISCHARGE FROM A LICENSED HOSPITAL OR BIRTH
1567	CENTER, WHICHEVER IS LATER.
1568
1569	TO WITHDRAW YOUR CONSENT DURING THE REVOCATION PERIOD, YOU MUST:
1570	1. NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
1571	YOU WISH TO WITHDRAWARE WITHDRAWING YOUR CONSENT; AND.
1572	2. PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
1573	OR DURESS.MAIL THE LETTER AT A UNITED STATES POST OFFICE WITHIN
1574	3 BUSINESS DAYS AFTER THE DATE YOU SIGNED THE CONSENT OR 1
1575	BUSINESS DAY AFTER THE DATE OF THE BIRTH MOTHER'S DISCHARGE FROM
1576	A LICENSED HOSPITAL OR BIRTH CENTER, WHICHEVER IS LATER. THE
1577	TERM "BUSINESS DAY" MEANS ANY DAY ON WHICH THE UNITED STATES
1578	POSTAL SERVICE ACCEPTS CERTIFIED MAIL FOR DELIVERY.
1579	3. SEND THE LETTER BY CERTIFIED UNITED STATES MAIL WITH
1580	RETURN RECEIPT REQUESTED.
1581	4. PAY POSTAL COSTS AT THE TIME YOU MAIL THE LETTER.
1582	5. KEEP THE CERTIFIED MAIL RECEIPT AS PROOF THAT CONSENT
1583	WAS WITHDRAWN IN A TIMELY MANNER.
1584
1585	TO WITHDRAW YOUR CONSENT PRIOR TO THE PLACEMENT OF THE CHILD
1586	WITH THE PROSPECTIVE ADOPTIVE PARENTS, YOU MUST NOTIFY THE
1587	ADOPTION ENTITY, IN WRITING BY CERTIFIED UNITED STATES MAIL,
1588	RETURN RECEIPT REQUESTED. THE ADOPTION ENTITY YOU SHOULD NOTIFY
1589	IS: . . . (name of adoption entity) . . . , . . . (address of
1590	adoption entity) . . . , . . . (phone number of adoption
1591	entity) . . . .
1592
1593	ONCE THE REVOCATION PERIOD IS OVER, OR THE CHILD HAS BEEN PLACED
1594	WITH THE PROSPECTIVE ADOPTIVE PARENTS, WHICHEVER OCCURS LATER,
1595	YOU MAY NOT WITHDRAW YOUR CONSENT UNLESS YOU CAN PROVE IN COURT
1596	THAT CONSENT WAS OBTAINED BY FRAUD OR UNDER DURESS.
1597
1598	This statement of rights is not required for the adoption of a
1599	relative, an adult, a stepchild, or a child older than 6 months
1600	of age. A consent form for the adoption of a child older than 6
1601	months of age at the time of execution of consent must contain a
1602	statement outlining the revocation rights provided in paragraph
1603	(c).
1604	(5) Before any consent to adoption or affidavit of
1605	nonpaternity is executed by a parent, but after the birth of the
1606	minor, all requirements of disclosure under s. 63.085 must be
1607	met.
1608	(5)(6) A copy or duplicate originalof each consent signed
1609	in an action for termination of parental rights pending adoption
1610	must be provided to the person who executed the consent to
1611	adoption. The copy must be hand delivered, with a written
1612	acknowledgment of receipt signed by the person whose consent is
1613	required at the time of execution, or mailed by first class
1614	United States mail to the address of record in the court file.
1615	If a copy of a consent cannot be provided as required in this
1616	subsection, the adoption entity must execute an affidavit
1617	stating why the copy of the consent was not deliveredis
1618	undeliverable. The original consent and acknowledgment of
1619	receipt, an acknowledgment of mailing by the adoption entity, or
1620	an affidavit stating why the copy of the consent was not
1621	delivered,is undeliverablemust be filed with the petition for
1622	termination of parental rights pending adoption.
1623	(6)(a) If a birth parent executes a consent for placement
1624	of a minor with an adoption entity or qualified prospective
1625	adoptive parents and the minor child is in the custody of the
1626	department, but parental rights have not yet been terminated,
1627	the adoption consent shall be valid, binding, and enforceable by
1628	the court.
1629	(b) Upon execution of the consent of the birth parent, the
1630	adoption entity shall be permitted to intervene in the
1631	dependency case as a party in interest and shall provide the
1632	court having jurisdiction over the minor pursuant to the shelter
1633	or dependency petition filed by the department with a copy of
1634	the preliminary home study of the prospective adoptive parents
1635	and any other evidence of the suitability of the placement. The
1636	preliminary home study shall be maintained with strictest
1637	confidentiality within the dependency court file and the
1638	department's file. A preliminary home study must be provided to
1639	the court in all cases in which an adoption entity has
1640	intervened pursuant to this section.
1641	(c) Upon a determination by the court that the prospective
1642	adoptive parents are properly qualified to adopt the minor child
1643	and that the adoption appears to be in the best interest of the
1644	minor child, the court shall immediately order the transfer of
1645	custody of the minor child to the prospective adoptive parents,
1646	under the supervision of the adoption entity. The adoption
1647	entity shall thereafter provide monthly supervision reports to
1648	the department until finalization of the adoption.
1649	(d) In determining whether the best interest of the child
1650	will be served by transferring the custody of the minor child to
1651	the prospective adoptive parent selected by the birth parent,
1652	the court shall give consideration to the rights of the birth
1653	parent to determine an appropriate placement for the child, the
1654	permanency offered, the child's bonding with any potential
1655	adoptive home that the child has been residing in, and the
1656	importance of maintaining sibling relationships, if possible.
1657	(7)(a) A consent that is being withdrawn under paragraph
1658	(4)(c) may be withdrawn at any time prior to the minor's
1659	placement with the prospective adoptive parents or by notifying
1660	the adoption entity in writing by certified United States mail,
1661	return receipt requested, not later than 3 business days after
1662	execution of the consent or 1 business day after the date of the
1663	birth mother's discharge from a licensed hospital or birth
1664	center, whichever occurs later. As used in this subsection, the
1665	term "business day" means any day on which the United States
1666	Postal Service accepts certified mail for delivery.
1667	(b) Upon receiving written notice from a person of that
1668	person's desire to withdraw consent to adoption, the adoption
1669	entity must contact the prospective adoptive parent to arrange a
1670	time certain for the adoption entity to regain physical custody
1671	of the minor, unless, upon a motion for emergency hearing by the
1672	adoption entity, the court determines in written findings that
1673	placement of the minor with the person withdrawing consent may
1674	endanger the minor, or the person who desires to withdraw
1675	consent to the adoption would not be required to consent to the
1676	adoption or has been determined to have abandoned the child.
1677	(c) If the court finds that such placement may endanger
1678	the minor, the court must enter an order regarding continued
1679	placement of the minor. The order shall include, but not be
1680	limited to, whether temporary placement in foster care is
1681	appropriate, whether an investigation by the department is
1682	recommended, and whether a relative within the third degreeis
1683	available for the temporary placement.
1684	(d) If the person withdrawing consent claims to be the
1685	father of the minor but has not been established to be the
1686	father by marriage, court order, or scientific testing, the
1687	court may order scientific paternity testing and reserve ruling
1688	on removal of the minor until the results of such testing have
1689	been filed with the court.
1690	(e) The adoption entity must return the minor within 3
1691	business days after timely and propernotification of the
1692	withdrawal of consent or after the court determines that
1693	withdrawal is valid and binding upon consideration of an
1694	emergency motion, as filed pursuant to paragraph (b), to the
1695	physical custody of the person withdrawing consent or the person
1696	directed by the court. If the person seeking to validly withdraw
1697	consent claims to be the father of the minor but has not been
1698	established to be the father by marriage, court order, or
1699	scientific testing, the adoption entity may return the minor to
1700	the care and custody of the mother, if she desires such
1701	placement, and the mother is not otherwise prohibited by law
1702	from having custody of the child.
1703	(f) Following the revocation period for withdrawal of
1704	consent described in paragraph (a), or the placement of the
1705	child with the prospective adoptive parents, whichever occurs
1706	later, consent may be withdrawn only when the court finds that
1707	the consent was obtained by fraud or underduress.
1708	(g) An affidavit of nonpaternity may be withdrawn only if
1709	the court finds that the affidavit was obtained by fraud or
1710	underduress.
1711	Section 16. Section 63.085, Florida Statutes, is amended
1712	to read:
1713	63.085 Disclosure by adoption entity.--
1714	(1) DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
1715	ADOPTIVE PARENTS.--Not later than 147days after a person
1716	seeking to adopt a minor or a person seeking to place a minor
1717	for adoption contacts an adoption entity in person or provides
1718	the adoption entity with a mailing address, the entity must
1719	provide a written disclosure statement to that person if the
1720	entity agrees or continues to work with such person. If an
1721	adoption entity is assisting in the effort to terminate the
1722	parental rights of a parent who did not initiate the contact
1723	with the adoption entity, the written disclosure must be
1724	provided within 147days after that parent is identified and
1725	located. For purposes of providing the written disclosure, a
1726	person is considered to be seeking to place a minor for adoption
1727	when that person has sought information or advice from the
1728	adoption entity regarding the option of adoptive placement. The
1729	written disclosure statement must be in substantially the
1730	following form:
1731
1732	ADOPTION DISCLOSURE
1733
1734	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
1735	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
1736	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
1737	ADOPTION UNDER FLORIDA LAW:
1738
1739	1. The name, address, and telephone number of the
1740	adoption entity providing this disclosure is:
1741	Name:_____________________________________
1742	Address:__________________________________
1743	Telephone Number:_________________________
1744	2. The adoption entity does not provide legal
1745	representation or advice to birth parents, and birth parents
1746	have the right to consult with an attorney of their own choosing
1747	to advise them.
1748	3. With the exception of an adoption by a stepparent or
1749	relative, a child cannot be placed into a prospective adoptive
1750	home unless the prospective adoptive parents have received a
1751	favorable preliminary home study, including criminal and child
1752	abuse clearances.
1753	4. A valid consent for adoption may not be signed by the
1754	birth mother until 48 hours after the birth of the child, or the
1755	day the birth mother is notified, in writing, that she is fit
1756	for discharge from the licensed hospital or birth center. A
1757	putative father may sign a valid consent for adoption at any
1758	time after the birth of the child.
1759	5. A consent for adoption signed before the child attains
1760	the age of 6 months is binding and irrevocable from the moment
1761	it is signed unless it can be proven in court that the consent
1762	was obtained by fraud or duress. A consent for adoption signed
1763	after the child attains the age of 6 months is valid from the
1764	moment it is signed; however, it may be revoked until the child
1765	is placed in an adoptive home, or up to 3 days after it was
1766	signed, whichever period is longer.
1767	6. A consent for adoption is not valid if the signature
1768	of the person who signed the consent was obtained by fraud or
1769	duress.
1770	7. There are alternatives to adoption, including foster
1771	care, relative care, and parenting the child. There may be
1772	services and sources of financial assistance in the community
1773	available to birth parents if they choose to parent the child.
1774	8. A birth parent has the right to have a witness of his
1775	or her choice, who is unconnected with the adoption entity or
1776	the adoptive parents, to be present and witness the signing of
1777	the consent or affidavit of nonpaternity.
1778	9. A birth parent 14 years of age or younger must have a
1779	parent, legal guardian, or court-appointed guardian ad litem to
1780	assist and advise the birth parent as to the adoption plan.
1781	10. A birth parent has a right to receive supportive
1782	counseling from a counselor, social worker, physician, clergy,
1783	or attorney, and such counseling would be beneficial to the
1784	birth parent.
1785	11. The payment of living or medical expenses by the
1786	prospective adoptive parents prior to the birth of the child
1787	does not, in any way, obligate the birth parent to sign the
1788	consent for adoption.
1789	1. Under section 63.102, Florida Statutes, the existence
1790	of a placement or adoption contract signed by the parent or
1791	prospective adoptive parent, prior approval of that contract by
1792	the court, or payment of any expenses permitted under Florida
1793	law does not obligate anyone to sign a consent or ultimately
1794	place a minor for adoption.
1795	2. Under sections 63.092 and 63.125, Florida Statutes, a
1796	favorable preliminary home study, before the minor may be placed
1797	in that home, and a final home investigation, before the
1798	adoption becomes final, must be completed.
1799	3. Under section 63.082, Florida Statutes, a consent to
1800	adoption or affidavit of nonpaternity may not be signed until
1801	after the birth of the minor.
1802	4. Under section 63.082, Florida Statutes, if the minor
1803	is to be placed for adoption with identified prospective
1804	adoptive parents upon release from a licensed hospital or birth
1805	center following birth, the consent to adoption may not be
1806	signed until 48 hours after birth or until the day the birth
1807	mother has been notified in writing, either on her patient chart
1808	or in release papers, that she is fit to be released from the
1809	licensed hospital or birth center, whichever is sooner. The
1810	consent to adoption or affidavit of nonpaternity is valid and
1811	binding upon execution unless the court finds it was obtained by
1812	fraud or under duress.
1813	5. Under section 63.082, Florida Statutes, if the minor
1814	is not placed for adoption with the prospective adoptive parent
1815	upon release from the hospital or birth center following birth,
1816	a 3-day revocation period applies during which consent may be
1817	withdrawn for any reason by notifying the adoption entity in
1818	writing. In order to withdraw consent, the written withdrawal of
1819	consent must be mailed at a United States Post Office no later
1820	than 3 business days after execution of the consent or 1
1821	business day after the date of the birth mother's discharge from
1822	a licensed hospital or birth center, whichever occurs later. For
1823	purposes of mailing the withdrawal of consent, the term
1824	"business day" means any day on which the United States Postal
1825	Service accepts certified mail for delivery. The letter must be
1826	sent by certified United States mail, return receipt requested.
1827	Postal costs must be paid at the time of mailing and the receipt
1828	should be retained as proof that consent was withdrawn in a
1829	timely manner.
1830	6. Under section 63.082, Florida Statutes, and
1831	notwithstanding the revocation period, the consent may be
1832	withdrawn at any time prior to the placement of the child with
1833	the prospective adoptive parent, by notifying the adoption
1834	entity in writing by certified United States mail, return
1835	receipt requested.
1836	7. Under section 63.082, Florida Statutes, if an adoption
1837	entity timely receives written notice from a person of that
1838	person's desire to withdraw consent, the adoption entity must
1839	contact the prospective adoptive parent to arrange a time
1840	certain to regain physical custody of the child. Absent a court
1841	order for continued placement of the child entered under section
1842	63.082, Florida Statutes, the adoption entity must return the
1843	minor within 3 days after notification of the withdrawal of
1844	consent to the physical custody of the person withdrawing
1845	consent. After the revocation period for withdrawal of consent
1846	ends, or after the placement of the child with the prospective
1847	adoptive parent, whichever occurs later, the consent may be
1848	withdrawn only if the court finds that the consent was obtained
1849	by fraud or under duress.
1850	8. Under section 63.082, Florida Statutes, an affidavit
1851	of nonpaternity, once executed, may be withdrawn only if the
1852	court finds that it was obtained by fraud or under duress.
1853	9. Under section 63.082, Florida Statutes, a person who
1854	signs a consent to adoption or an affidavit of nonpaternity must
1855	be given reasonable notice of his or her right to select a
1856	person who does not have an employment, professional, or
1857	personal relationship with the adoption entity or the
1858	prospective adoptive parents to be present when the consent or
1859	affidavit is executed and to sign the consent or affidavit as a
1860	witness.
1861	10. Under section 63.088, Florida Statutes, specific and
1862	extensive efforts are required by law to attempt to obtain the
1863	consents required under section 63.062, Florida Statutes. If
1864	these efforts are unsuccessful, the court may not enter a
1865	judgment terminating parental rights pending adoption until
1866	certain requirements have been met.
1867	11. Under Florida law, an intermediary may represent the
1868	legal interests of only the prospective adoptive parents. Each
1869	person whose consent to an adoption is required under section
1870	63.062, Florida Statutes, is entitled to seek independent legal
1871	advice and representation before signing any document or
1872	surrendering parental rights.
1873	12. Under section 63.182, Florida Statutes, an action or
1874	proceeding of any kind to vacate, set aside, or otherwise
1875	nullify a judgment of adoption or an underlying judgment
1876	terminating parental rights pending adoption, on any ground,
1877	including duress but excluding fraud, must be filed within 1
1878	year after entry of the judgment terminating parental rights
1879	pending adoption. Such an action or proceeding for fraud must be
1880	filed within 2 years after entry of the judgment terminating
1881	parental rights.
1882	13. Under section 63.089, Florida Statutes, a judgment
1883	terminating parental rights pending adoption is voidable and any
1884	later judgment of adoption of that minor is voidable if, upon
1885	the motion of a parent, the court finds that any person
1886	knowingly gave false information that prevented the parent from
1887	timely making known his or her desire to assume parental
1888	responsibilities toward the minor or to exercise his or her
1889	parental rights. The motion must be filed with the court that
1890	originally entered the judgment. The motion must be filed within
1891	a reasonable time, but not later than 2 years after the date the
1892	judgment to which the motion is directed was entered.
1893	14. Under section 63.165, Florida Statutes, the State of
1894	Florida maintains a registry of adoption information.
1895	Information about the registry is available from the Department
1896	of Children and Family Services.
1897	15. Under section 63.032, Florida Statutes, a court may
1898	find that a parent has abandoned his or her child based on
1899	conduct during the pregnancy or based on conduct after the child
1900	is born. In addition, under section 63.089, Florida Statutes,
1901	the failure of a parent to respond to notices of proceedings
1902	involving his or her child shall result in termination of
1903	parental rights of a parent. A lawyer can explain what a parent
1904	must do to protect his or her parental rights. Any parent
1905	wishing to protect his or her parental rights should act
1906	IMMEDIATELY.
1907	16. Each parent and prospective adoptive parent is
1908	entitled to independent legal advice and representation.
1909	Attorney information may be obtained from the yellow pages, The
1910	Florida Bar's lawyer referral service, and local legal aid
1911	offices and bar associations.
1912	17. Counseling services may be helpful while making a
1913	parenting decision. Consult the yellow pages of the telephone
1914	directory.
1915	18. Medical and social services support is available if
1916	the parent wishes to retain parental rights and
1917	responsibilities. Consult the Department of Children and Family
1918	Services.
1919	19. Under section 63.039, Florida Statutes, an adoption
1920	entity has certain legal responsibilities and may be liable for
1921	damages to persons whose consent to an adoption is required or
1922	to prospective adoptive parents for failing to materially meet
1923	those responsibilities. Damages may also be recovered from an
1924	adoption entity if a consent to adoption or affidavit of
1925	nonpaternity is obtained by fraud or under duress attributable
1926	to an adoption entity.
1927	20. Under section 63.097, Florida Statutes, reasonable
1928	living expenses of the birth mother may be paid by the
1929	prospective adoptive parents and the adoption entity only if the
1930	birth mother is unable to pay due to unemployment,
1931	underemployment, or disability. The law also allows payment of
1932	reasonable and necessary medical expenses, expenses necessary to
1933	comply with the requirements of chapter 63, Florida Statutes,
1934	court filing expenses, and costs associated with advertising.
1935	Certain documented legal, counseling, and other professional
1936	fees may be paid. Prior approval of the court is not required
1937	until the cumulative total of amounts permitted exceeds $2,500
1938	in legal or other fees, $500 in court costs, $3,000 in expenses,
1939	or $1,500 in cumulative expenses incurred prior to the date the
1940	prospective adoptive parent retains the adoption entity. The
1941	following fees, costs, and expenses are prohibited:
1942	a. Any fee or expense that constitutes payment for
1943	locating a minor for adoption.
1944	b. Any lump-sum payment to the entity which is
1945	nonrefundable directly to the payor or which is not itemized on
1946	the affidavit.
1947	c. Any fee on the affidavit which does not specify the
1948	service that was provided and for which the fee is being
1949	charged, such as a fee for facilitation or acquisition.
1950
1951	The court may reduce amounts charged or refund amounts that have
1952	been paid if it finds that these amounts were more than what was
1953	reasonable or allowed under the law.
1954	21. Under section 63.132, Florida Statutes, the adoption
1955	entity and the prospective adoptive parents must sign and file
1956	with the court a written statement under oath listing all the
1957	fees, expenses, and costs made, or agreed to be made, by or on
1958	behalf of the prospective adoptive parents and any adoption
1959	entity in connection with the adoption. The affidavit must state
1960	whether any of the expenses were eligible to be paid for by any
1961	other source.
1962	22. Under section 63.132, Florida Statutes, the court
1963	order approving the money spent on the adoption must be separate
1964	from the judgment making the adoption final. The court may
1965	approve only certain costs and expenses allowed under section
1966	63.097, Florida Statutes. The court may approve only fees that
1967	are allowed under law and that it finds to be "reasonable." A
1968	good idea of what is and is not allowed to be paid for in an
1969	adoption can be determined by reading sections 63.097 and
1970	63.132, Florida Statutes.
1971
1972	(2) ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
1973	must obtain a written statement acknowledging receipt of the
1974	disclosure required under subsection (1) and signed by the
1975	persons receiving the disclosure or, if it is not possible to
1976	obtain such an acknowledgment, the adoption entity must execute
1977	an affidavit stating why an acknowledgment could not be
1978	obtained. If the disclosure was delivered by certified United
1979	States mail, return receipt requested, a return receipt signed
1980	by the person from whom acknowledgment is required is sufficient
1981	to meet the requirements of this subsection. A copy of the
1982	acknowledgment of receipt of the disclosure must be provided to
1983	the person signing it. A copy of the acknowledgment or
1984	affidavit executed by the adoption entity in lieu of the
1985	acknowledgment must be maintained in the file of the adoption
1986	entity. The original acknowledgment or affidavit must be filed
1987	with the court. In the case of a disclosure provided under
1988	subsection(1), the original acknowledgment or affidavit must be
1989	included in the preliminary home study required in s. 63.092.
1990	(3) POSTBIRTH DISCLOSURE TO PARENTS.--Before execution of
1991	any consent to adoption by a parent, but after the birth of the
1992	minor, all requirements of subsections (1) and (2) for making
1993	certain disclosures to a parent and obtaining a written
1994	acknowledgment of receipt must be repeated.
1995	(3)(4)REVOCATION OF CONSENT.--Failure to meet the
1996	requirements of subsection (1) or subsection (2)subsections
1997	(1)-(3)does not constitute grounds for revocation of a consent
1998	to adoption or withdrawal of an affidavit of nonpaternity unless
1999	the extent and circumstances of such a failure result in a
2000	material failure of fundamental fairness in the administration
2001	of due process, or the failure constitutes or contributes
2002	materially to fraud or duress in obtaining a consent to adoption
2003	or affidavit of nonpaternity.
2004	Section 17. Section 63.087, Florida Statutes, is amended
2005	to read:
2006	63.087 Proceeding to terminate parental rights pending
2007	adoption; general provisions.--
2008	(1) INTENT.--It is the intent of the Legislature that a
2009	court determine whether a minor is legally available for
2010	adoption through a separate proceeding terminating parental
2011	rights prior to the filing of a petition for adoption.
2012	(2) GOVERNING RULES.--The Florida Family Law Rules of
2013	Procedure govern a proceeding to terminate parental rights
2014	pending adoption unless otherwise provided by law.
2015	(1)(3)JURISDICTION.--A court of this state which is
2016	competent to decide child welfare or custody matters has
2017	jurisdiction to hear all matters arising from a proceeding to
2018	terminate parental rights pending adoption. All subsequent
2019	proceedings for the adoption of the minor, if the petition for
2020	termination is granted, must be conducted by the same judge who
2021	conducted the termination proceedings, if that judge is still
2022	available within the division of the court which conducts
2023	termination or adoption cases or, if that judge is unavailable,
2024	by another judge within the division.
2025	(2)(4)VENUE.--
2026	(a) A petition to terminate parental rights pending
2027	adoption must be filed:
2028	1. In the county where the child residesresided for the
2029	previous 6 months;
2030	2. If the child does not reside in the State of Florida,
2031	in the county where the adoption entity is locatedis younger
2032	than 6 months of age or has not continuously resided in one
2033	county for the previous 6 months, in the county where the parent
2034	resided at the time of the execution of the consent to adoption
2035	or the affidavit of nonpaternity;
2036	3. If the child is younger than 6 months of age and a
2037	waiver of venue has been obtained pursuant to s. 63.062In the
2038	county where the adoption entity is located or, if the adoption
2039	entity has more than one place of business, in the county which
2040	is located in closest proximity to the county in which the
2041	parent whose rights are to be terminated resided at the time of
2042	execution of the consent or affidavit of nonpaternity;
2043	4. If there is no consent or affidavit of nonpaternity
2044	executed by a parent, in the county where the birth mother
2045	resides; or
2046	4.5.If neither parent resides in the state, in the county
2047	where the adoption entity is located. The fact of the minor's
2048	presence within the state confers jurisdiction on the court in
2049	proceedings in the minor's case under this chapter, or to a
2050	parent or guardian if due notice has been given.
2051	(b) If a petition for termination of parental rights has
2052	been filed and a parent whose rights are to be terminated
2053	objects to venue, there must be a hearing in which the court
2054	shall determine whether that parent intends to assert legally
2055	recognized grounds to contest a termination of parental rights
2056	and, if so, the court shall immediately transfer venue to the
2057	county where that parent resides or resided at the time of the
2058	execution of the consent, if there is such a county, or, if not,
2059	a county where:
2060	1. At least one parent whose rights are to be terminated
2061	resides;
2062	2. At least one parent resided at the time of execution of
2063	a consent or affidavit of nonpaternity; or
2064	3. The adoption entity is located, if neither subparagraph
2065	1. nor subparagraph 2. applies.
2066
2067	For purposes of selecting venue, the court shall consider the
2068	ease of access to the court for the parent who intends to
2069	contest a termination of parental rights.
2070	(c) If there is a transfer of venue, the court may
2071	determine which party shallthe adoption entity or the
2072	petitioner mustbear the cost of venue transfer.
2073
2074	For purposes of the hearing under this subsection, witnesses
2075	located in another jurisdiction may testify by deposition or
2076	testify by telephone, audiovisual means, or other electronic
2077	means before a designated court or at another location.
2078	Documentary evidence transmitted from another location by
2079	technological means that do not produce an original writing may
2080	not be excluded from evidence on an objection based on the means
2081	of transmission. The court on its own motion may otherwise
2082	prescribe the manner in which and the terms upon which the
2083	testimony is taken.
2084	(3)(5)PREREQUISITE FOR ADOPTION.--A petition for adoption
2085	may not be filed until 30 days after the date the court enters
2086	judge signedthe judgment terminating parental rights pending
2087	adoption under this chapter or, unless the adoptee is an adult
2088	or the minor has been the subject of a judgment terminating
2089	parental rights under chapter 39. Adoptions of relatives, adult
2090	adoptions, or adoptions of stepchildren shall not be required to
2091	file a separate termination of parental rights proceeding
2092	pending adoption. In such cases, all required consents,
2093	affidavits, notices, and acknowledgements shall be attached to
2094	the petition for adoption or filed separately in the adoption
2095	proceeding.
2096	(4)(6)PETITION.--
2097	(a) A proceeding seeking to terminate parental rights
2098	pending adoption pursuant to this chapter must be initiated by
2099	the filing of an original petition after the birth of the minor.
2100	(b) The petition may be filed by a parent or person having
2101	physicallegalcustody of the minor. The petition may be filed
2102	by an adoption entity only if a parent or person having physical
2103	orlegal custody who has executed a consent to adoption pursuant
2104	to s. 63.082 also consents in writing to the adoptionentity
2105	filing the petition. The original of such consent must be filed
2106	with the petition.
2107	(c) The petition must be entitled: "In the Matter of the
2108	Termination of Parental Rights for the Proposed Adoption of a
2109	Minor Child."
2110	(d) A petition to terminate parental rights must be
2111	consolidated with a previously filed petition for a declaratory
2112	statement filed under s. 63.102. Only one filing fee may be
2113	assessed for both the termination of parental rights and
2114	declaratory statement petitions.
2115	(d)(e)The petition to terminate parental rights pending
2116	adoption must be in writing and signed by the petitioner under
2117	oath stating the petitioner's good faith in filing the petition.
2118	A written consent to adoption, affidavit of nonpaternity, or
2119	affidavit of diligent search under s. 63.088, for each person
2120	whose consent to adoption is required under s. 63.062, must be
2121	executed and attached.
2122	(e)(f)The petition must include:
2123	1. The minor's name, gender, date of birth, and place of
2124	birth. The petition must contain all names by which the minor is
2125	or has been known, excluding the minor's prospective adoptive
2126	name but including the minor's legal name at the time of the
2127	filing of the petition, to allow interested parties to the
2128	action, including parents, persons having legal custody of the
2129	minor, persons with custodial or visitation rights to the minor,
2130	and persons entitled to notice pursuant to the Uniform Child
2131	Custody Jurisdiction Act or the Indian Child Welfare Act, to
2132	identify their own interest in the action. In the case of an
2133	infant child whose adoptive name appears on the original birth
2134	certificate, the adoptive name shall not be included in the
2135	petition, nor shall it be included elsewhere in the termination
2136	of parental rights proceeding.
2137	2. If the petition is filed before the day the minor is 6
2138	months old and if the identity or location of the father is
2139	unknown, each city in which the mother resided or traveled, in
2140	which conception may have occurred, during the 12 months before
2141	the minor's birth, including the county and state in which that
2142	city is located.
2143	3. Unless a consent to adoption or affidavit of
2144	nonpaternity executed by each person whose consent is required
2145	under s. 63.062 is attached to the petition, the name and the
2146	city of residence, including the county and state in which that
2147	city is located, of:
2148	a. The minor's mother;
2149	b. Any man who the mother reasonably believes may be the
2150	minor's father; and
2151	c. Any person who has legal custody, as defined in s.
2152	39.01, of the minor.
2153
2154	If a required name or address is not known, the petition must so
2155	state.
2156	2.4.All information required by the Uniform Child Custody
2157	Jurisdiction Act and the Indian Child Welfare Act.
2158	3.5.A statement of the grounds under s. 63.089 upon which
2159	the petition is based.
2160	4.6.The name, address, and telephone number of any
2161	adoption entity seeking to place the minor for adoption.
2162	5.7.The name, address, and telephone number of the
2163	division of the circuit court in which the petition is to be
2164	filed.
2165	6.8.A certification of compliance with the requirements
2166	of s. 63.0425 regarding notice to grandparents of an impending
2167	adoption.
2168	(5) SUMMONS TO BE ISSUED.--The petitioner shall cause a
2169	summons to be issued substantially in the form provided in Form
2170	1.902, Florida Rules of Civil Procedure. Petition and summons
2171	shall be served upon any person whose consent has been provided
2172	but who has not waived service of the pleadings and notice of
2173	the hearing thereon and also upon any person whose consent is
2174	required but who has not provided that consent.
2175	(6)(7) ANSWER NOTREQUIRED.--An answer to the petition or
2176	any pleading requiring an answer shallneed not be filed in
2177	accordance with the Florida Rules of Civil Procedureby any
2178	minor, parent, or person having legal custody of the minor, but
2179	any matter that might be set forth in an answer or other
2180	pleading may be pleaded orally before the court or filed in
2181	writing. However,Failure to file a written response or to
2182	appear at the hearing on the petition constitutes grounds upon
2183	which the court may terminate parental rights. The petitioner
2184	shall provide notice of the final hearing by United States mail
2185	to any person who has been served with the summons and petition
2186	for termination of parental rights within the specified time
2187	periods.Notwithstanding the filing of any answer or any
2188	pleading, any person present at the hearing to terminate
2189	parental rights pending adoption whose consent to adoption is
2190	required under s. 63.062 must:
2191	(a) Be advised by the court that he or she has a right to
2192	ask that the hearing be reset for a later date so that the
2193	person may consult with an attorney; and
2194	(b) Be given an opportunity to deny the allegations in the
2195	petition; and
2196	(c) Be given the opportunity to challenge the validity of
2197	any consent or affidavit of nonpaternity signed by any person.
2198	Section 18. Section 63.088, Florida Statutes, is amended
2199	to read:
2200	63.088 Proceeding to terminate parental rights pending
2201	adoption; notice and service; diligent search.--
2202	(1) NOTICE REQUIRED.--An unmarried biological father, by
2203	virtue of the fact that he has engaged in a sexual relationship
2204	with a woman, is deemed to be on notice that a pregnancy and an
2205	adoption proceeding regarding that child may occur and that he
2206	has a duty to protect his own rights and interest. He is,
2207	therefore, entitled to notice of a birth or adoption proceeding
2208	with regard to that child only as provided in this chapter.
2209	(2)(1) INITIATE LOCATION AND IDENTIFICATION
2210	PROCEDURES.--When the location or identityof a person whose
2211	consent to an adoption is required but is not known, the
2212	adoption entity must begin the inquiry and diligent search
2213	process required by this section within a reasonable time period
2214	not later than 7 daysafter the date on which the person seeking
2215	to place a minor for adoption has evidenced in writing to the
2216	adoptionentity a desire to place the minor for adoption with
2217	that entity, or not later than 307days after the date any
2218	money is provided as permitted under this chapter by the
2219	adoption entity for the benefit of the person seeking to place a
2220	minor for adoption.
2221	(3)(2)LOCATION AND IDENTITY KNOWN.--Before the court may
2222	determine that a minor is available for adoption, and in
2223	addition to the other requirements set forth in this chapter,
2224	each person whose consent is required under s. 63.062, who has
2225	not executed an affidavit of nonpaternity, and whose location
2226	and identity have been determined by compliance with the
2227	procedures in this section must be personally served, pursuant
2228	to chapter 48, at least 2030days before the hearing with a
2229	copy of the petition to terminate parental rights pending
2230	adoption and with notice in substantially the following form:
2231
2232	NOTICE OF PETITION AND HEARING
2233	TO TERMINATE PARENTAL RIGHTS
2234	PENDING ADOPTION
2235
2236	A petition to terminate parental rights pending adoption has
2237	been filed. A copy of the petition is being served with this
2238	notice. There will be a hearing on the petition to terminate
2239	parental rights pending adoption on . . . (date) . . . at .
2240	. . (time) . . . before . . . (judge) . . . at . . .
2241	(location, including complete name and street address of the
2242	courthouse) . . . . The court has set aside . . . (amount of
2243	time) . . . for this hearing. If you executed a consent to
2244	adoption or an affidavit of nonpaternity and a waiver of venue,
2245	you have the right to request that the hearing on the petition
2246	to terminate parental rights be transferred to the county in
2247	which you reside. You may object by appearing at the hearing or
2248	filing a written objection with the court.
2249
2250	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO FILE A
2251	WRITTEN RESPONSE TO THIS NOTICE WITH THE COURT OR TO APPEAR AT
2252	THIS HEARING CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END
2253	ANY PARENTAL RIGHTS YOU MAY HAVE REGARDING THE MINOR CHILD.
2254
2255	(4)(3)REQUIRED INQUIRY.--In proceedings initiated under
2256	s. 63.087, the court must conduct an inquiry of the person who
2257	is placing the minor for adoption and of any relative or person
2258	having legal custody of the minor who is present at the hearing
2259	and likely to have the following information regarding the
2260	identity of:
2261	(a) Any person to whom the mother of the minor was married
2262	at any time when conception of the minor may have occurred or at
2263	the time of the birth of the minor;
2264	(b) Any person who has been declared by a court to be the
2265	father of the minor;
2266	(c) Any man who has adopted the minor;
2267	(d)(c)Any man with whom the mother was cohabiting at any
2268	time when conception of the minor may have occurred; and
2269	(d) Any person the mother has reason to believe may be the
2270	father and from whom she has received payments or promises of
2271	support with respect to the minor or because of her pregnancy;
2272	(e) Any person the mother has named as the father on the
2273	birth certificate of the minor or in connection with applying
2274	for or receiving public assistance;
2275	(e)(f)Any person who has acknowledged or claimed
2276	paternity of the minor; and
2277	(g) Any person the mother has reason to believe may be the
2278	father.
2279
2280	The information required under this subsection may be provided
2281	to the court in the form of a sworn affidavit by a person having
2282	personal knowledge of the facts, addressing each inquiry
2283	enumerated in this subsection, except that, if the inquiry
2284	identifies a father under paragraph (a),or paragraph (b), or
2285	paragraph (c),the inquiry shall not continue further. The
2286	inquiry required under this subsection may be conducted before
2287	the birth of the minor.
2288	(5)(4)LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry
2289	by the court under subsection (4)(3)identifies any person
2290	whose consent to adoption is required under s. 63.062 and who
2291	has not executed a consent to adoption or an affidavit of
2292	nonpaternity, and the location of the person from whom consent
2293	is required is unknown, the adoption entity must conduct a
2294	diligent search for that person which must include inquiries
2295	concerning:
2296	(a) The person's current address, or any previous address,
2297	through an inquiry of the United States Postal Service through
2298	the Freedom of Information Act;
2299	(b) The last known employment of the person, including the
2300	name and address of the person's employer. Inquiry should be
2301	made of the last known employer as to any address to which wage
2302	and earnings statements (W-2 forms) of the person have been
2303	mailed. Inquiry should be made of the last known employer as to
2304	whether the person is eligible for a pension or profit-sharing
2305	plan and any address to which pension or other funds have been
2306	mailed;
2307	(c) Regulatory agencies, including those regulating
2308	licensing in the area where the person last resided;
2309	(d) Names and addresses of relatives to the extent such
2310	can be reasonably obtained from the petitioner or other sources,
2311	contacts with those relatives, and inquiry as to the person's
2312	last known address. The petitioner shall pursue any leads of any
2313	addresses to which the person may have moved. Relatives include,
2314	but are not limited to, parents, brothers, sisters, aunts,
2315	uncles, cousins, nieces, nephews, grandparents, great-
2316	grandparents, former or current in-laws, stepparents, and
2317	stepchildren;
2318	(e) Information as to whether or not the person may have
2319	died and, if so, the date and location;
2320	(f) Telephone listings in the area where the person last
2321	resided;
2322	(g) Inquiries of law enforcement agencies in the area
2323	where the person last resided;
2324	(h) Highway patrol records in the state where the person
2325	last resided;
2326	(i) Department of Corrections records in the state where
2327	the person last resided;
2328	(j) Hospitals in the area where the person last resided;
2329	(k) Records of utility companies, including water, sewer,
2330	cable television, and electric companies, in the area where the
2331	person last resided;
2332	(l) Records of the Armed Forces of the United States as to
2333	whether there is any information as to the person;
2334	(m) Records of the tax assessor and tax collector in the
2335	area where the person last resided; and
2336	(n) Search of one Internet databank locator service; and
2337	(o) Information held by all medical providers who rendered
2338	medical treatment or care to the birth mother and child,
2339	including the identity and location information of all persons
2340	listed by the mother as being financially responsible for the
2341	uninsured expenses of treatment or care and all persons who made
2342	any such payments.
2343
2344	Any person contacted by a petitioner or adoption entity who is
2345	requesting information pursuant to this subsection must release
2346	the requested information to the petitioner or adoption entity,
2347	except when prohibited by law, without the necessity of a
2348	subpoena or court order.
2349
2350	An affidavit of diligent search executed by the petitioner and
2351	the adoption entity must be filed with the court confirming
2352	completion of each aspect of the diligent search enumerated in
2353	this subsection and specifying the results. The diligent search
2354	required under this subsection may be conducted before the birth
2355	of the minor.
2356	(6)(5)CONSTRUCTIVE SERVICELOCATION UNKNOWN OR IDENTITY
2357	UNKNOWN.--This subsection only applies if, as to any person
2358	whose consent is required under s. 63.062 and who has not
2359	executed a consent to adoption oran affidavit of nonpaternity,
2360	the location or identityof the person is unknown and the
2361	inquiry under subsection (3) fails to identify the person or the
2362	diligent search undersubsection (4) fails to locate the person.
2363	The unlocated or unidentifiedperson must be served notice under
2364	subsection (3)(2)by constructive service in the manner
2365	provided in chapter 49 in each county identified in the
2366	petition, as provided in s. 63.087(6). The notice shall be
2367	published in the county where the person was last known to have
2368	resided. The notice, in addition to all information required
2369	underin the petition under s. 63.087(6) and chapter 49, must
2370	includecontaina physical description, including, but not
2371	limited to, age, race, hair and eye color, and approximate
2372	height and weight of the person,minor's mother and of any
2373	person the mother reasonably believes may be the father;the
2374	minor's date of birth, and the place of birth of the minor.
2375	Constructive service by publication shall not be required to
2376	provide notice to an identified birth father whose consent is
2377	not required pursuant to ss. 63.062 and 63.064; and any date and
2378	city, including the county and state in which the city is
2379	located, in which conception may have occurred. If any of the
2380	facts that must be included in the notice under this subsection
2381	are unknown and cannot be reasonably ascertained, the notice
2382	must so state.
2383	Section 19. Section 63.089, Florida Statutes, is amended
2384	to read:
2385	63.089 Proceeding to terminate parental rights pending
2386	adoption; hearing; grounds; dismissal of petition; judgment.--
2387	(1) HEARING.--The court may terminate parental rights
2388	pending adoption only after a full evidentiaryhearing.
2389	(2) HEARING PREREQUISITES.--The court may hold the hearing
2390	only when:
2391	(a) For each person whose consent to adoption is required
2392	under s. 63.062:
2393	1. A consent under s. 63.082 has been executed and filed
2394	with the court;
2395	2. An affidavit of nonpaternity under s. 63.082 has been
2396	executed and filed with the court; or
2397	3. Notice has been provided under ss. 63.087 and 63.088;
2398	or
2399	4. The certificate from the Office of Vital Statistics has
2400	been provided to the court stating that a diligent search has
2401	been made of the Florida Putative Father Registry created in s.
2402	63.054 and that no filing has been found pertaining to the
2403	father of the child in question or, if a filing is found,
2404	stating the name of the putative father and the time and date of
2405	the filing.
2406	(b) For each notice and petition that must be served under
2407	ss. 63.087 and 63.088:
2408	1. At least 2030days have elapsed since the date of
2409	personal service and an affidavit of service has been filed with
2410	the court;
2411	2. At least 3060days have elapsed since the first date
2412	of publication of constructive service and an affidavit of
2413	service has been filed with the court; or
2414	3. An affidavit of nonpaternity which affirmatively waives
2415	service has been executed and filed with the court;
2416	(c) The minor named in the petition has been born; and
2417	(d) The petition contains all information required under
2418	s. 63.087 and all affidavits of inquiry, diligent search, and
2419	service required under s. 63.088 have been obtained and filed
2420	with the court.
2421	(3) GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
2422	ADOPTION.--The court may enter a judgment terminating parental
2423	rights pending adoption if the court determines by clear and
2424	convincing evidence, supported by written findings of fact, that
2425	each person whose consent to adoption is required under s.
2426	63.062:
2427	(a) Has executed a valid consent that has not been
2428	withdrawnunder s. 63.082 and the consent was obtained according
2429	to the requirements of this chapter;
2430	(b) Has executed an affidavit of nonpaternity and the
2431	affidavit was obtained according to the requirements of this
2432	chapter;
2433	(c) Has been served with a notice of the intended adoption
2434	plan in accordance with the provisions of s. 63.062(3) and has
2435	failed to respond within the designated time period;
2436	(d)(c)Has been properly served notice of the proceeding
2437	in accordance with the requirements of this chapter and has
2438	failed to file a written answer or appear at the evidentiary
2439	hearing resulting in the judgment terminating parental rights
2440	pending adoption;
2441	(e)(d)Has been properly served notice of the proceeding
2442	in accordance with the requirements of this chapter and has been
2443	determined under subsection (4) to have abandoned the minor as
2444	defined in s. 63.032;
2445	(f)(e)Is a parent of the person to be adopted, which
2446	parent has been judicially declared incapacitated with
2447	restoration of competency found to be medically improbable;
2448	(g)(f)Is a person who has legal custody of the person to
2449	be adopted, other than a parent, who has failed to respond in
2450	writing to a request for consent for a period of 60 days or,
2451	after examination of his or her written reasons for withholding
2452	consent, is found by the court to be withholding his or her
2453	consent unreasonably;
2454	(h)(g)Has been properly served notice of the proceeding
2455	in accordance with the requirements of this chapter, but has
2456	been found by the court, after examining written reasons for the
2457	withholding of consent, to be unreasonably withholding his or
2458	her consent; or
2459	(i)(h)Is the spouse of the person to be adopted who has
2460	failed to consent, and the failure of the spouse to consent to
2461	the adoption is excused by reason of prolonged and unexplained
2462	absence, unavailability, incapacity, or circumstances that are
2463	found by the court to constitute unreasonable withholding of
2464	consent.
2465	(4) FINDING OF ABANDONMENT.--A finding of abandonment
2466	resulting in a termination of parental rights must be based upon
2467	clear and convincing evidence that a parent or person having
2468	legal custody has abandoned the child in accordance with the
2469	definition contained in s. 63.032(1). A finding of abandonment
2470	may not be based upon a lack of emotional support to a birth
2471	mother during her pregnancy, but may be based uponemotional
2472	abuse or a refusal to provide reasonable financial support, when
2473	able, to a birth mother during her pregnancy. If, in the opinion
2474	of the court, the efforts of a parent or person having legal
2475	custody of the child to support and communicate with the child
2476	are only marginal efforts that do not evince a settled purpose
2477	to assume all parental duties, the court may declare the child
2478	to be abandoned. In making this decision, the court may consider
2479	the conduct of a father toward the child's mother during her
2480	pregnancy.
2481	(a) In making a determination of abandonment at a hearing
2482	for termination of parental rights pursuant to this chapter, the
2483	court must consider, among other relevant factors not
2484	inconsistent with this section:
2485	1. Whether the actions alleged to constitute abandonment
2486	demonstrate a willful disregard for the safety or welfare of the
2487	child or unborn child;
2488	2. Whether other persons prevented the person alleged to
2489	have abandoned the child from making the efforts referenced in
2490	this subsection;
2491	2.3.Whether the person alleged to have abandoned the
2492	child, while being able, failedrefusedto provide financial
2493	support after such person was informed he may be the father of
2494	the child;
2495	3.4.Whether the person alleged to have abandoned the
2496	child, while being able, failedrefusedto pay for medical
2497	treatment when such payment was requested by the person having
2498	legal custody of the child and those expenses were not covered
2499	by insurance or other available sources; and
2500	4.5.Whether the amount of support provided or medical
2501	expenses paid was appropriate, taking into consideration the
2502	needs of the child and relative means and resources available to
2503	the person alleged to have abandoned the child and available to
2504	the person having legal custody of the child during the period
2505	the child allegedly was abandoned; and
2506	6. Whether the person having legal custody of the child
2507	made the child's whereabouts known to the person alleged to have
2508	abandoned the child, advised that person of the needs of the
2509	child or the needs of the mother of an unborn child with regard
2510	to the pregnancy, or informed that person of events such as
2511	medical appointments and tests relating to the child or, if
2512	unborn, the pregnancy.
2513	(b) The child has been abandoned when the parent of a
2514	child is incarcerated on or after October 1, 2001, in a state or
2515	federal correctional institution and:
2516	1. The period of time for which the parent is expected to
2517	be incarcerated will constitute a substantial portion of the
2518	period of time before the child will attain the age of 18 years;
2519	2. The incarcerated parent has been determined by the
2520	court to be a violent career criminal as defined in s. 775.084,
2521	a habitual violent felony offender as defined in s. 775.084,
2522	convicted of child abuse as defined in s. 827.03, or a sexual
2523	predator as defined in s. 775.21; has been convicted of first
2524	degree or second degree murder in violation of s. 782.04 or a
2525	sexual battery that constitutes a capital, life, or first degree
2526	felony violation of s. 794.011; or has been convicted of an
2527	offense in another jurisdiction which is substantially similar
2528	to one of the offenses listed in this subparagraph. As used in
2529	this section, the term "substantially similar offense" means any
2530	offense that is substantially similar in elements and penalties
2531	to one of those listed in this subparagraph, and that is in
2532	violation of a law of any other jurisdiction, whether that of
2533	another state, the District of Columbia, the United States or
2534	any possession or territory thereof, or any foreign
2535	jurisdiction; or
2536	3. The court determines by clear and convincing evidence
2537	that continuing the parental relationship with the incarcerated
2538	parent would be harmful to the child and, for this reason, that
2539	termination of the parental rights of the incarcerated parent is
2540	in the best interest of the child.
2541	(c) The only conduct of a father toward a mother during
2542	pregnancy that the court may consider in determining whether the
2543	child has been abandoned is conduct that occurred after the
2544	father was informed he may be the father of the child or after
2545	diligent search and notice as provided in s. 63.088 have been
2546	made to inform the father that he is, or may be, the father of
2547	the child.
2548	(5) DISMISSAL OF PETITION WITH PREJUDICE.--If the court
2549	does not find by clear and convincing evidence that parental
2550	rights of a parent should be terminated pending adoption, the
2551	court must dismiss the petition with prejudiceand that parent's
2552	parental rights that were the subject of such petition shall
2553	remain in full force under the law. The order must include
2554	written findings in support of the dismissal, including findings
2555	as to the criteria in subsection (4) if rejecting a claim of
2556	abandonment. Parental rights may not be terminated based upon a
2557	consent that the court finds has been timely withdrawn under s.
2558	63.082 or a consent to adoption or affidavit of nonpaternity
2559	that the court finds was obtained by fraud or underduress. The
2560	court must enter an order based upon written findings providing
2561	for the placement of the minor. The court may order scientific
2562	testing to determine the paternity of the minor at any time
2563	during which the court has jurisdiction over the minor. Further
2564	proceedings, if any, regarding the minor must be brought in a
2565	separate custody action under chapter 61, a dependency action
2566	under chapter 39, or a paternity action under chapter 742.
2567	(6) JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
2568	ADOPTION.--
2569	(a) The judgment terminating parental rights pending
2570	adoption must be in writing and contain findings of fact as to
2571	the grounds for terminating parental rights pending adoption.
2572	(b) Within 7 days24 hoursafter filing, the court shall
2573	mail a copy of the judgment to the department, the petitioner,
2574	those persons required to give consent under s. 63.062, and the
2575	respondent. The clerk shall execute a certificate of sucheach
2576	mailing.
2577	(7) RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
2578	(a) A judgment terminating parental rights pending
2579	adoption is voidable and any later judgment of adoption of that
2580	minor is voidable if, upon the motion of a parent, the court
2581	finds that a person knowingly gave false information that
2582	prevented the parent from timely making known his or her desire
2583	to assume parental responsibilities toward the minor or meeting
2584	the requirements under this chapter to exercise his or her
2585	parental rights. A motion for relief from a judgment terminating
2586	parental rightsunder this subsectionmust be filed with the
2587	court originally entering the judgment. The motion must be filed
2588	within a reasonable time, but not later than 1 year2 years
2589	after the entry of the judgment terminating parental rights.
2590	(b) No later than 30 days after the filing of a motion
2591	under this subsection, the court must conduct a preliminary
2592	hearing to determine what contact, if any, shall be permitted
2593	between a parent and the child pending resolution of the motion.
2594	Such contact shall be considered only if it is requested by a
2595	parent who has appeared at the hearing. If the court orders
2596	contact between a parent and child, the order must be issued in
2597	writing as expeditiously as possible and must state with
2598	specificity any provisions regarding contact with persons other
2599	than those with whom the child resides.
2600	(c) At the preliminary hearing, the court, upon the motion
2601	of any party or upon its own motion, may order scientific
2602	testing to determine the paternity of the minor if the person
2603	seeking to set aside the judgment is alleging to be the child's
2604	father and that fact has not previously been determined by
2605	legitimacy or scientific testing. The court may order supervised
2606	visitation with a person for whom scientific testing for
2607	paternity has been ordered and who has previously established a
2608	bonded relationship with the child. Such visitation shall be
2609	conditioned upon the filing of those test results with the court
2610	and such results establishing that person's paternity of the
2611	minor.
2612	(d) Unless otherwise agreed between the parties or for
2613	good cause shownNo later than 45 days after the preliminary
2614	hearing, the court shallmustconduct a final hearing on the
2615	motion for relief fromto set aside the judgment within 45 days
2616	after the filingand enter its written order as expeditiously as
2617	possible thereafter.
2618	(8) RECORDS; CONFIDENTIAL INFORMATION.--All papers and
2619	records pertaining to a petition to terminate parental rights
2620	pending adoption are related to the subsequent adoption of the
2621	minor and are subject to the provisions of s. 63.162. The
2622	confidentiality provisions of this chapter do not apply to the
2623	extent information regarding persons or proceedings must be made
2624	available as specified under s. 63.088.
2625	Section 20. Section 63.092, Florida Statutes, is amended
2626	to read:
2627	63.092 Report to the court of intended placement by an
2628	adoption entity; at-risk placement; preliminary study.--
2629	(1) REPORT TO THE COURT.--The adoption entity must report
2630	any intended placement of a minor for adoption with any person
2631	who is not a relativerelated within the third degreeor a
2632	stepparent if the adoption entity has knowledge of, or
2633	participates in, such intended placement. The report must be
2634	made to the court before the minor is placed in the home or
2635	within 48 hours thereafter.
2636	(2) AT-RISK PLACEMENT.--If the minor is placed in the
2637	prospective adoptive home before the parental rights of the
2638	minor's parents are terminated under s. 63.089, the placement is
2639	an at-risk placement. If the placement is an at-risk placement,
2640	the prospective adoptive parents must acknowledge in writing
2641	before the minor may be placed in the prospective adoptive home
2642	that the placement is at risk. The prospective adoptive parents
2643	shall be advised by the adoption entity, in writing,andthat
2644	the minor is subject to removal from the prospective adoptive
2645	home by the adoption entity or by court order at any time prior
2646	to the finalization of the adoption.
2647	(3) PRELIMINARY HOME STUDY.--Before placing the minor in
2648	the intended adoptive home, a preliminary home study must be
2649	performed by a licensed child-placing agency, a child-caring
2650	agency registered under s. 409.176, a licensed professional, or
2651	agency described in s. 61.20(2), unless the adoptee is an adult
2652	or the petitioner is a stepparent, a spouse of the parent,or a
2653	relative. The preliminary study shall be completed within 30
2654	days after the receipt by the court of the adoption entity's
2655	report, but in no event may the minor be placed in the
2656	prospective adoptive home prior to the completion of the
2657	preliminary study unless ordered by the court. If the adoptee is
2658	an adult or the petitioner is a stepparent, a spouse of the
2659	parent, or a relative, athepreliminary home study may be
2660	required by the court for good cause shown. The department is
2661	required to perform the preliminary home study only if there is
2662	no licensed child-placing agency, child-caring agency registered
2663	under s. 409.176, licensed professional, or agency described in
2664	s. 61.20(2), in the county where the prospective adoptive
2665	parents reside. The preliminary home study must be made to
2666	determine the suitability of the intended adoptive parents and
2667	may be completed prior to identification of a prospective
2668	adoptive minor. A favorable preliminary home study is valid for
2669	1 year after the date of its completion. Upon its completion, a
2670	copy of the home study must be provided to the intended adoptive
2671	parents who were the subject of the home study. A minor may not
2672	be placed in an intended adoptive home before a favorable
2673	preliminary home study is completed unless the adoptive home is
2674	also a licensed foster home under s. 409.175. The preliminary
2675	home study must include, at a minimum:
2676	(a) An interview with the intended adoptive parents;
2677	(b) Records checks of the department's central abuse
2678	registry and criminal records correspondence checks pursuant to
2679	s. 435.045 through the Department of Law Enforcement on the
2680	intended adoptive parents;
2681	(c) An assessment of the physical environment of the home;
2682	(d) A determination of the financial security of the
2683	intended adoptive parents;
2684	(e) Documentation of counseling and education of the
2685	intended adoptive parents on adoptive parenting;
2686	(f) Documentation that information on adoption and the
2687	adoption process has been provided to the intended adoptive
2688	parents;
2689	(g) Documentation that information on support services
2690	available in the community has been provided to the intended
2691	adoptive parents; and
2692	(h) A copy of each signed acknowledgment of receipt of
2693	disclosurerequired by s. 63.085.
2694
2695	If the preliminary home study is favorable, a minor may be
2696	placed in the home pending entry of the judgment of adoption. A
2697	minor may not be placed in the home if the preliminary home
2698	study is unfavorable. If the preliminary home study is
2699	unfavorable, the adoption entity may, within 20 days after
2700	receipt of a copy of the written recommendation, petition the
2701	court to determine the suitability of the intended adoptive
2702	home. A determination as to suitability under this subsection
2703	does not act as a presumption of suitability at the final
2704	hearing. In determining the suitability of the intended adoptive
2705	home, the court must consider the totality of the circumstances
2706	in the home. No minor may be placed in a home in which there
2707	resides any person determined by the court to be a sexual
2708	predator as defined in s. 775.21 or to have been convicted of an
2709	offense listed in s. 63.089(4)(b)2.
2710	Section 21. Subsections (2), (3), (5), and (6) of section
2711	63.097, Florida Statutes, are amended to read:
2712	63.097 Fees.--
2713	(2) The following fees, costs, and expenses may be
2714	assessed by the adoption entity or paid by the adoption entity
2715	on behalf of the prospective adoptive parents:
2716	(a) Reasonable living expenses of the birth mother which
2717	the birth mother is unable to pay due to unemployment,
2718	underemployment, or disability due to the pregnancy which is
2719	certified by a medical professional who has examined the birth
2720	mother, or any other disability defined in s. 110.215.
2721	Reasonable living expenses are rent, utilities, basic telephone
2722	service, food, toiletries, necessary clothing, transportation,
2723	insurance,and expenses found by the court to be necessary for
2724	the health and well-being of the birth mother and theunborn
2725	child. Such expenses may be paid during the pregnancy and for a
2726	period of up to 6 weeks postpartum.
2727	(b) Reasonable and necessary medical expenses. Such
2728	expenses may be paid during the pregnancy and for a period of up
2729	to 6 weeks postpartum.
2730	(c) Expenses necessary to comply with the requirements of
2731	this chapter, including, but not limited to, service of process
2732	under s. 63.088, investigator fees,a diligent search under s.
2733	63.088, a preliminary home study under s. 63.092, and a final
2734	home investigation under s. 63.125.
2735	(d) Court filing expenses, court costs, and other
2736	litigation expenses and birth certificate and medical record
2737	expenses.
2738	(e) Costs associated with advertising under s.
2739	63.212(1)(g).
2740	(f) The following professional fees:
2741	1. A reasonable hourly fee or flat feenecessary to
2742	provide legal representation to the adoptive parents or adoption
2743	entity in a proceeding filed under this chapter.
2744	2. A reasonable hourly fee or flat feefor contact with
2745	the parent related to the adoption. In determining a reasonable
2746	hourly fee under this subparagraph, the court must consider if
2747	the tasks done were clerical or of such a nature that the matter
2748	could have been handled by support staff at a lesser rate than
2749	the rate for legal representation charged under subparagraph 1.
2750	Such tasks specifically do not include obtaining a parent's
2751	signature on any document;Such tasks include, but need not be
2752	limited to, transportation, transmitting funds, arranging
2753	appointments, and securing accommodations.
2754	3. A reasonable hourly fee for counseling services
2755	provided to a parent or a prospective adoptive parent by a
2756	psychologist licensed under chapter 490 or a clinical social
2757	worker, marriage and family therapist, or mental health
2758	counselor licensed under chapter 491, or a counselor who is
2759	employed by an adoption entity accredited by the Council on
2760	Accreditation of Services for Children and Families to provide
2761	pregnancy counseling and supportive services.
2762	(3) Prior Approval of the court is not required until the
2763	cumulativetotal of amounts permitted under subsection (2)
2764	exceeds:
2765	(a) $5,000$2,500in legal or other fees;
2766	(b) $800$500 in court costs; or
2767	(c) $5,000$3,000 in reasonable and necessary living and
2768	medical expenses; or
2769	(d) $1,500 cumulative expenses that are related to the
2770	minor, the pregnancy, a parent, or adoption proceeding, which
2771	expenses are incurred prior to the date the prospective adoptive
2772	parent retains the adoption entity.
2773	(5) The following fees, costs, and expenses are
2774	prohibited:
2775	(a) Any fee or expense that constitutes payment for
2776	locating a minor for adoption.
2777	(b) Any lump-sum payment to the entity which is
2778	nonrefundable directly to the payor or which is not itemized and
2779	documentedon the affidavit filed under s. 63.132.
2780	(c) Any fee on the affidavit which does not specify the
2781	service that was provided and for which the fee is being
2782	charged, such as a fee for facilitation, acquisition, or other
2783	similar service, or which does not identify the date the service
2784	was provided, the time required to provide the service, the
2785	person or entity providing the service, and the hourly fee
2786	charged.
2787	(6) Unless otherwise indicated in this section, when an
2788	adoption entity uses the services of a licensed child-placing
2789	agency, a professional, any other person or agency pursuant to
2790	s. 63.092, or, if necessary, the department, the person seeking
2791	to adopt the child must pay the licensed child-placing agency,
2792	professional, other person or agency, or the department an
2793	amount equal to the cost of all services performed, including,
2794	but not limited to, the cost of conducting the preliminary home
2795	study, counseling, and the final home investigation. The court,
2796	upon a finding that the person seeking to adopt the child is
2797	financially unable to pay that amount, may order that such
2798	person pay a lesser amount.
2799	Section 22. Section 63.102, Florida Statutes, is amended
2800	to read:
2801	63.102 Filing of petition for adoption or declaratory
2802	statement; venue; proceeding for approval of fees and costs.--
2803	(1) PETITION FOR ADOPTION.--A petition for adoption may
2804	not be filed until 30 days after the date ofthe entry of the
2805	judgment terminating parental rights pending adoption under this
2806	chapter, unless the adoptee is an adult, the petitioner is a
2807	stepparent or a relative,or the minor has been the subject of a
2808	judgment terminating parental rights under chapter 39. After a
2809	judgment terminating parental rights has been entered, a
2810	proceeding for adoption may be commenced by filing a petition
2811	entitled, "In the Matter of the Adoption of ____" in the circuit
2812	court. The person to be adopted shall be designated in the
2813	caption in the name by which he or she is to be known if the
2814	petition is granted. Any name by which the minor was previously
2815	known may not be disclosed in the petition, the notice of
2816	hearing, or the judgment of adoption.
2817	(2) VENUE.--A petition for adoption or for a declaratory
2818	statement as to the adoption contract shall be filed in the
2819	county where the petition for termination of parental rights was
2820	granted, unless the court, in accordance with s. 47.122, changes
2821	the venue to the county where the petitioner or petitioners or
2822	the minor resides or where the adoption entity with which the
2823	minor has been placed is located. The circuit court in this
2824	state must retain jurisdiction over the matter until a final
2825	judgment is entered on the adoption. The Uniform Child Custody
2826	Jurisdiction Act does not apply until a final judgment is
2827	entered on the adoption.
2828	(3) FILING OF ADOPTION PETITION REQUIRED.--Unless leave of
2829	court is granted for good cause shown, a petition for adoption
2830	shall be filed not later than 60 days after entry of the final
2831	judgment terminating parental rights.Except for adoptions
2832	involving placement of a minor with a relative within the third
2833	degree of consanguinity, a petition for adoption in an adoption
2834	handled by an adoption entity shall be filed within 60 working
2835	days after entry of the judgment terminating parental rights.
2836	If no petition is filed within 60 days, any interested party,
2837	including the state, may file an action challenging the
2838	prospective adoptive parent's physical custody of the minor.
2839	(4) CONFIDENTIALITY.--If the filing of the petition for
2840	adoption or for a declaratory statement as to the adoption
2841	contract in the county where the petitioner or minor resides
2842	would tend to endanger the privacy of the petitioner or minor,
2843	the petition for adoption may be filed in a different county,
2844	provided the substantive rights of any person will not thereby
2845	be affected.
2846	(5) PRIOR APPROVAL OF FEES AND COSTS.--A proceeding for
2847	prior approval of fees and costs may be commenced any time after
2848	an agreement is reached between the birth mother and the
2849	adoptive parents by filing a petition for declaratory statement
2850	on the agreement entitled "In the Matter of the Proposed
2851	Adoption of a Minor Child" in the circuit court.
2852	(a) The petition must be filed jointlyby the adoption
2853	entity with the consent of the parties toand each person who
2854	enters intothe agreement.
2855	(b) A contract for the payment of fees, costs, and
2856	expenses permitted under this chapter must be in writing, and
2857	any person who enters into the contract has 3 business days in
2858	which to cancel the contract unless placement of the child has
2859	occurred. To cancel the contract, the person must notify the
2860	adoption entity in writing by certified United States mail,
2861	return receipt requested, no later than 3 business days after
2862	signing the contract. For the purposes of this subsection, the
2863	term "business day" means a day on which the United States
2864	Postal Service accepts certified mail for delivery. If the
2865	contract is canceled within the first 3 business days, the
2866	person who cancels the contract does not owe any legal,
2867	intermediary, or other fees, but may be responsible for the
2868	adoption entity's actual costs during that time.
2869	(c) The court may grant priorapproval only of fees and
2870	expenses permitted under s. 63.097. A prior approval of
2871	prospective fees and costs shalldoes notcreate a presumption
2872	that these items will subsequently be approved by the court
2873	under s. 63.132. The court, under s. 63.132, may order an
2874	adoption entity to refund any amountsamountpaid under this
2875	subsection that areissubsequently found by the court to be
2876	greater than fees, costs, and expenses actually incurred.
2877	(d) The contract may not require, and the court may not
2878	approve, any lump-sum payment to the entity which is
2879	nonrefundable to the payor orany amount that constitutes
2880	payment for locating a minor for adoption.
2881	(e) A declaratory statement as to the adoption contract,
2882	regardless of when filed, shall be consolidated with any related
2883	petition for adoption. The clerk of the court shall only assess
2884	one filing fee that includes the adoption action, the
2885	declaratory statement petition, and the petition for termination
2886	of parental rights.When a petition for a declaratory statement
2887	as to the adoption contract is filed prior to the commencement
2888	of proceedings to terminate parental rights, it must be filed in
2889	accordance with the venue requirements for the filing of the
2890	petition terminating parental rights under s. 63.087. Pursuant
2891	to s. 63.087, a previously filed petition for a declaratory
2892	statement filed under this section must be consolidated with a
2893	related subsequently filed petition for termination of parental
2894	rights. If the petition for declaratory statement is filed after
2895	the judgment terminating parental rights has been entered, the
2896	action for declaratory statement must be consolidated with any
2897	related petition for adoption. Only one filing fee may be
2898	assessed for both the adoption and declaratory statement
2899	petitions.
2900	(f) Prior approval of fees and costs by the court does not
2901	obligate the parent to ultimately relinquish the minor for
2902	adoption.
2903	(6) STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
2904	for the adoption of a stepchild, a relative, or an adult shall
2905	not require the filing of a separate judgment or separate
2906	proceeding terminating parental rights pending adoption. The
2907	final judgment of adoption shall have the effect of terminating
2908	parental rights simultaneously with the granting of the decree
2909	of adoption.
2910	Section 23. Section 63.112, Florida Statutes, is amended
2911	to read:
2912	63.112 Petition for adoption; description; report or
2913	recommendation, exceptions; mailing.--
2914	(1) A sufficient number of copies ofThe petition for
2915	adoption shall be signed and verified by the petitioner and
2916	filed with the clerk of the court so that service may be made
2917	under subsection (4)and shall state:
2918	(a) The date and place of birth of the person to be
2919	adopted, if known;
2920	(b) The name to be given to the person to be adopted;
2921	(c) The date petitioner acquired custody of the minor and
2922	the name of the adoption entityperson placing the minor, if
2923	any;
2924	(d) The full name, age, and place and duration of
2925	residence of the petitioner;
2926	(e) The marital status of the petitioner, including the
2927	date and place of marriage, if married, and divorces, if
2928	applicable to the adoption by a stepparentany;
2929	(f) A statement that the petitioner is able to provide for
2930	the material needs of the childThe facilities and resources of
2931	the petitioner, including those under a subsidy agreement,
2932	available to provide for the care of the minor to be adopted;
2933	(g) A description and estimate of the value of any
2934	property of the person to be adopted;
2935	(h) The case style and date of entry of the judgment
2936	terminating parental rights or, if the adoptee is an adult or a
2937	minor relative or a stepchild of the petitioner, the address, if
2938	known, of any person whose consent to the adoption is required
2939	and, if such person has not consented, the facts or
2940	circumstances that excuse the lack of consent to justify a
2941	termination of parental rights; and
2942	(i) The reasons why the petitioner desires to adopt the
2943	person.
2944	(2) The following documents are required to be filed with
2945	the clerk of the court at the time the petition is filed:
2946	(a) A certified copy of the court judgment terminating
2947	parental rights under chapter 39 or under this chapter or, if
2948	the adoptee is an adult or a minor relative or stepchild of the
2949	petitioner, the required consent, unless such consent is excused
2950	by the court.
2951	(b) The favorable preliminary home study of the
2952	department, licensed child-placing agency, or professional
2953	pursuant to s. 63.092, as to the suitability of the home in
2954	which the minor has been placed, unless the petitioner is a
2955	stepparent or a relative.
2956	(c) A copy of any declaratory statement previously entered
2957	by the court pursuant to s. 63.102.
2958	(d) The surrender document must includeDocumentation that
2959	an interview was held with the minor, if older than 12 years of
2960	age, unless the court, in the best interest of the minor,
2961	dispenses with the minor's consent under s. 63.062(1)(c)(g).
2962	(3) Unless ordered by the court, no report or
2963	recommendation is required when the placement is a stepparent
2964	adoption or an adult adoption or when the minor is a relative of
2965	related to one of the adoptive parents within the third degree.
2966	(4) The clerk of the court shall mail a copy of the
2967	petition within 24 hours after filing, and execute a certificate
2968	of mailing, to the adoption entity placing the minor, if any.
2969	Section 24. Section 63.122, Florida Statutes, is amended
2970	to read:
2971	63.122 Notice of hearing on petition.--
2972	(1) After the petition to adopt a minor is filed, the
2973	court must establish a time and place for hearing the petition.
2974	The hearing on the petition to adopt a minormay not be held
2975	sooner than 30 days after the date the judgment terminating
2976	parental rights was entered or sooner than 90 days after the
2977	date the minor was placed in the physical custody of the
2978	petitioner, unless good cause is shown for a shortening of these
2979	time periods. The minor must remain under the supervision of
2980	the adoption entity until the adoption becomes final. When the
2981	adoptee is an adult, the hearing may be held immediately after
2982	the filing of the petition. If the petitioner is a stepparent or
2983	a relative of the adopteespouse of the birth parent, the
2984	hearing may be held immediately after the filing of the petition
2985	if all persons whose consent is required have executed a valid
2986	consent and the consent has been filed with the court.
2987	(2) Notice of hearing must be given as prescribed by the
2988	FloridaRules of Civil Procedure, and service of process must be
2989	made as specified by law for civil actions.
2990	(3) Upon a showing by the petitioner that the safety and
2991	welfareprivacyof the petitioner or minor may be endangered,
2992	the court may order the names of the petitioner or minor, or
2993	both, to be deleted from the notice of hearing and from the copy
2994	of the petition attached thereto, provided the substantive
2995	rights of any person will not thereby be affected.
2996	(4) Notice of the hearing must be given by the petitioner
2997	to the adoption entity that places the minor.
2998	(5) After filing the petition to adopt an adult, a notice
2999	of the time and place of the hearing must be given to any person
3000	whose consent to the adoption is required but who has not
3001	consented.the court may order an appropriate investigation to
3002	assist in determining whether the adoption is in the best
3003	interest of the persons involved and is in accordance with state
3004	law.
3005	Section 25. Subsection (2) of section 63.125, Florida
3006	Statutes, is amended to read:
3007	63.125 Final home investigation.--
3008	(2) The department, the licensed child-placing agency, or
3009	the professional that performs the investigation must file a
3010	written report of the investigation with the court and the
3011	petitioner within 90 days after placementthe date the petition
3012	is filed.
3013	Section 26. Subsections (1) and (4) of section 63.132,
3014	Florida Statutes, are amended to read:
3015	63.132 Affidavit of expenses and receipts.--
3016	(1) At least 10 daysBefore the hearing on the petition
3017	for adoption, the prospective adoptive parent and any adoption
3018	entity must file two copies of an affidavit under this section.
3019	(a) The affidavit must be signed by the adoption entity
3020	and the prospective adoptive parents. A copy of the affidavit
3021	must be provided to the adoptive parents at the time the
3022	affidavit is executed.
3023	(b) The affidavit must itemize all disbursements and
3024	receipts of anything of value, including professional and legal
3025	fees, made or agreed to be made by or on behalf of the
3026	prospective adoptive parent and any adoption entity in
3027	connection with the adoption or in connection with any prior
3028	proceeding to terminate parental rights which involved the minor
3029	who is the subject of the petition for adoption. The affidavit
3030	must also include, for each legal or counselingfee itemized,
3031	the service provided for which the fee is being charged, the
3032	date the service was provided, the time required to provide the
3033	service if the service was charged by the hour, the person or
3034	entity that provided the service, and the hourly fee charged.
3035	(c) The clerk of the court shall forward a copy of the
3036	affidavit to the department.
3037	(c)(d)The affidavit must show any expenses or receipts
3038	incurred in connection with:
3039	1. The birth of the minor.
3040	2. The placement of the minor with the petitioner.
3041	3. The medical or hospital care received by the mother or
3042	by the minor during the mother's prenatal care and confinement.
3043	4. The living expenses of the birth mother. The living
3044	expenses must be itemizeddocumentedin detail to apprise the
3045	court of the exact expenses incurred.
3046	5. The services relating to the adoption or to the
3047	placement of the minor for adoption that were received by or on
3048	behalf of the petitioner, the adoption entity, either parent,
3049	the minor, or any other person.
3050
3051	The affidavit must state whether any of these expenses were paid
3052	for by collateral sources, including, but not limited to, health
3053	insurance, Medicaid, Medicare, or public assistance.
3054	(4) This section does not apply to an adoption by a
3055	stepparent or an adoption of a relative or adultwhose spouse is
3056	a parent of the child.
3057	Section 27. Subsection (1) of section 63.135, Florida
3058	Statutes, is amended to read:
3059	63.135 Information under oath to be submitted to the
3060	court.--
3061	(1) Each party in an adoption proceeding involving a child
3062	over the age of 6 months, in the first pleading or in an
3063	affidavit attached to that pleading, shall give information
3064	under oath as to the child's present address, the places where
3065	the child has lived within the last 5 years, and the names and
3066	present addresses of the persons with whom the child has lived
3067	during that period. In the pleading or affidavit each party
3068	shall further declare under oath whether:
3069	(a) The party has participated as a party or witness or in
3070	any other capacity in any other litigation concerning the
3071	custody of the same child in this or any other state;
3072	(b) The party has information of any custody proceeding
3073	concerning the child pending in a court of this or any other
3074	state; and
3075	(c) The party knows of any person not a party to the
3076	proceedings who has physical custody of the child or claims to
3077	have custody or visitation rights with respect to the child.
3078	Section 28. Subsections (1) and (4) of section 63.142,
3079	Florida Statutes, are amended to read:
3080	63.142 Hearing; judgment of adoption.--
3081	(1) APPEARANCE.--The petitioner and the person to be
3082	adopted shall appear either in person or, with the permission of
3083	the court, telephonically before a person authorized to
3084	administer an oathat the hearing on the petition for adoption,
3085	unless:
3086	(a) The person is a minor under 12 years of age; or
3087	(b) The appearancepresenceof either is excused by the
3088	court for good cause.
3089	(4) JUDGMENT.--At the conclusion of the hearing, after the
3090	court determines that the date for a parent to file an appeal of
3091	a valid judgment terminating that parent's parental rights has
3092	passed and no appeal, pursuant to the Florida Rules of Appellate
3093	Procedure, is pending and that the adoption is in the best
3094	interest of the person to be adopted, a judgment of adoption
3095	shall be entered.
3096	(a)A judgment terminating parental rights pending
3097	adoption is voidable and any later judgment of adoption of that
3098	minor is voidable if, upon a parent's motion for relief from
3099	judgmentto set aside of a parent, the court finds that the
3100	adoption fails to meet the requirements of this chapterany
3101	person knowingly gave false information that prevented the
3102	parent from timely making known his or her desire to assume
3103	parental responsibilities toward the minor or meeting the
3104	requirements under this chapter to exercise his or her parental
3105	rights. A motion under this paragraph must be filed with the
3106	court that entered the original judgment. The motion must be
3107	filed within a reasonable time, but not later than 1 year2
3108	yearsafter the date the judgment terminating parental rights
3109	was entered.
3110	(b) Except upon good cause shown, no later than 30 days
3111	after the filing of a motion under this subsection, the court
3112	must conduct a preliminary hearing to determine what contact, if
3113	any, shall be permitted between a parent and the child pending
3114	resolution of the motion. Such contact shall be considered only
3115	if it is requested by a parent who has appeared at the hearing.
3116	If the court orders contact between a parent and child, the
3117	order must be issued in writing as expeditiously as possible and
3118	must state with specificity any provisions regarding contact
3119	with persons other than those with whom the child resides.
3120	(c) At the preliminary hearing, the court, upon the motion
3121	of any party or its own motion, may order scientific testing to
3122	determine the paternity of the minor if the person seeking to
3123	set aside the judgment is alleging to be the child's father and
3124	that fact has not previously been determined by legitimacy or
3125	scientific testing. The court may order supervised visitation
3126	with a person for whom scientific testing for paternity has been
3127	ordered. Such visitation shall be conditioned upon the filing of
3128	those test results with the court and such results establishing
3129	that person's paternity of the minor.
3130	(d) Except upon good cause shown, no later than 45 days
3131	after the preliminary hearing, the court must conduct a final
3132	hearing on the motion to set aside the judgment and issue its
3133	written order as expeditiously as possible thereafter.
3134	Section 29. Section 63.152, Florida Statutes, is amended
3135	to read:
3136	63.152 Application for new birth record.--Within 30 days
3137	after entry of a judgment of adoption, the clerk of the court,
3138	and in agency adoptions, any child-placing agency licensed by
3139	the department, shall transmitpreparea certified statement of
3140	the entry toforthe state registrar of vital statistics on a
3141	form provided by the registrar. A new birth record containing
3142	the necessary information supplied by the certificate shall be
3143	issued by the registrar on application of the adopting parents
3144	or the adopted person.
3145	Section 30. Subsection (2) of section 63.162, Florida
3146	Statutes, is amended to read:
3147	63.162 Hearings and records in adoption proceedings;
3148	confidential nature.--
3149	(2) All papers and records pertaining to the adoption,
3150	including the original birth certificate, whether part of the
3151	permanent record of the court or a file in the office of an
3152	adoption entity are confidential and subject to inspection only
3153	upon order of the court; however, the petitioner in any
3154	proceeding for adoption under this chapter may, at the option of
3155	the petitioner, make public the reasons for a denial of the
3156	petition for adoption. The order must specify which portion of
3157	the records are subject to inspection, and it may exclude the
3158	name and identifying information concerning the parent or
3159	adoptee. Papers and records of the department, a court, or any
3160	other governmental agency, which papers and records relate to
3161	adoptions, are exempt from s. 119.07(1). In the case of an
3162	adoption not handled by the department or a child-placing agency
3163	licensed by the departmenta nonagency adoption, the department
3164	must be given notice of hearing and be permitted to present to
3165	the court a report on the advisability of disclosing or not
3166	disclosing information pertaining to the adoption. In the case
3167	of an agency adoption, the licensed child-placing agency must be
3168	given notice of hearing and be permitted to present to the court
3169	a report on the advisability of disclosing or not disclosing
3170	information pertaining to the adoption. This subsection does
3171	not prohibit the department from inspecting and copying any
3172	official record pertaining to the adoption that is maintained by
3173	the department or from inspecting and copying any of the
3174	official records maintained by an agency licensed by the
3175	departmentand does not prohibit an agency from inspecting and
3176	copying any official record pertaining to the adoption that is
3177	maintained by that agency.
3178	Section 31. Subsection (1) of section 63.167, Florida
3179	Statutes, is amended to read:
3180	63.167 State adoption information center.--
3181	(1) The department shall establish a state adoption
3182	information center for the purpose of increasing public
3183	knowledge about adoption and promoting to adolescents and
3184	pregnant women the availability of adoption services. The
3185	department shall contract with one or morealicensed child-
3186	placing agenciesagencyto operate the state adoption
3187	information center.
3188	Section 32. Section 63.182, Florida Statutes, is amended
3189	to read:
3190	63.182 Statute of repose.--Notwithstanding s. 95.031 or s.
3191	95.11 or any other statute,:
3192	(1)an action or proceeding of any kind to vacate, set
3193	aside, or otherwise nullify a judgment of adoption or an
3194	underlying judgment terminating parental rights on any ground
3195	may not, including duress but excluding fraud, shall in no event
3196	be filed more than 1 year after entry of the judgment
3197	terminating parental rights.
3198	(2) An action or proceeding of any kind to vacate, set
3199	aside, or otherwise nullify a judgment of adoption or an
3200	underlying judgment terminating parental rights on grounds of
3201	fraud shall in no event be filed more than 2 years after entry
3202	of the judgment terminating parental rights.
3203	Section 33. Section 63.185, Florida Statutes, is repealed.
3204	Section 34. Subsection (1) of section 63.207, Florida
3205	Statutes, is amended to read:
3206	63.207 Out-of-state placement.--
3207	(1) Unless the parent placing a minor for adoption files
3208	an affidavit that the parent chooses to place the minor outside
3209	the state, giving the reason for that placement, or the minor is
3210	to be placed with a relative within the third degreeor with a
3211	stepparent, or the minor is a special needs child, as defined in
3212	s. 409.166, or for other good cause shown, an adoption entity
3213	may not:
3214	(a) Take or send a minor out of the state for the purpose
3215	of placement for adoption; or
3216	(b) Place or attempt to place a minor for the purpose of
3217	adoption with a family who primarily lives and works outside
3218	Florida in another state. If an adoption entity is acting under
3219	this subsection, the adoption entity must file a petition for
3220	declaratory statement pursuant to s. 63.102 for prior approval
3221	of fees and costs. The court shall review the costs pursuant to
3222	s. 63.097. The petition for declaratory statement must be
3223	converted to a petition for an adoption upon placement of the
3224	minor in the home. When a minor is placed for adoption with
3225	prospective adoptive parents who primarily live and work outside
3226	this state, the circuit court in this state maymustretain
3227	jurisdiction over the matter until the adoption becomes final.
3228	The prospective adoptive parents may finalize the adoption in
3229	this statemust come to this state to have the adoption
3230	finalized. Violation of the order subjects the adoption entity
3231	to contempt of court and to the penalties provided in s. 63.212.
3232	Section 35. Subsections (1), (4), (7), and (8) of section
3233	63.212, Florida Statutes, are amended to read:
3234	63.212 Prohibited acts; penalties for violation;
3235	preplanned adoption agreement.--
3236	(1) It is unlawful for any person:
3237	(a) To place or attempt to place a minor for adoption with
3238	a person who primarily lives and works outside this state unless
3239	all of the requirements of the Interstate Compact for the
3240	Placement of Children, when applicable, have been metunless the
3241	minor is placed with a relative within the third degree or with
3242	a stepparent. This requirement does not apply if the minor is
3243	placed by an adoption entity in accordance with s. 63.207.
3244	(b) Except an adoption entity, to place or attempt to
3245	place within the state a minor for adoption unless the minor is
3246	placed with a relative within the third degreeor with a
3247	stepparent. This prohibition, however, does not apply to a
3248	person who is placing or attempting to place a minor for the
3249	purpose of adoption with the adoption entity.
3250	(c) To sell or surrender, or to arrange for the sale or
3251	surrender of, a minor to another person for money or anything of
3252	value or to receive such minor child for such payment or thing
3253	of value. If a minor is being adopted by a relative within the
3254	third degreeor by a stepparent, or is being adopted through an
3255	adoption entity, this paragraph does not prohibit the person who
3256	is contemplating adopting the child from paying, under ss.
3257	63.097 and 63.132, the actual prenatal care and living expenses
3258	of the mother of the child to be adopted, or from paying, under
3259	ss. 63.097 and 63.132, the actual living and medical expenses of
3260	such mother for a reasonable time, not to exceed 6 weeks, if
3261	medical needs require such support, after the birth of the
3262	minor.
3263	(d) Having the rights and duties of a parent with respect
3264	to the care and custody of a minor to assign or transfer such
3265	parental rights for the purpose of, incidental to, or otherwise
3266	connected with, selling or offering to sell such rights and
3267	duties.
3268	(e) To assist in the commission of any act prohibited in
3269	paragraphs(a)-(d). In the case of a stepparent adoption, this
3270	paragraph does not preclude the forgiveness of vested child
3271	support arrearages owed by a parent.
3272	(f) Except an adoption entity, to charge or accept any fee
3273	or compensation of any nature from anyone for making a referral
3274	in connection with an adoption.
3275	(g) Except an adoption entity, to advertise or offer to
3276	the public, in any way, by any medium whatever that a minor is
3277	available for adoption or that a minor is sought for adoption;
3278	and, further, it is unlawful for any person to publish or
3279	broadcast any such advertisement without including a Florida
3280	license number of the agency or attorney placing the
3281	advertisement.
3282	(h) To contract for the purchase, sale, or transfer of
3283	custody or parental rights in connection with any child, in
3284	connection with any fetus yet unborn, or in connection with any
3285	fetus identified in any way but not yet conceived, in return for
3286	any valuable consideration. Any such contract is void and
3287	unenforceable as against the public policy of this state.
3288	However, fees, costs, and other incidental payments made in
3289	accordance with statutory provisions for adoption, foster care,
3290	and child welfare are permitted, and a person may agree to pay
3291	expenses in connection with a preplanned adoption agreement as
3292	specified below, but the payment of such expenses may not be
3293	conditioned upon the transfer of parental rights. Each petition
3294	for adoption which is filed in connection with a preplanned
3295	adoption agreement must clearly identify the adoption as a
3296	preplanned adoption arrangement and must include a copy of the
3297	preplanned adoption agreement for review by the court.
3298	1. Individuals may enter into a preplanned adoption
3299	arrangement as specified herein, but such arrangement shall not
3300	in any way:
3301	a. Effect final transfer of custody of a child or final
3302	adoption of a child, without review and approval of the
3303	department and the court, and without compliance with other
3304	applicable provisions of law.
3305	b. Constitute consent of a mother to place her child for
3306	adoption until 7 days following birth, and unless the court
3307	making the custody determination or approving the adoption
3308	determines that the mother was aware of her right to rescind
3309	within the 7-day period following birth but chose not to rescind
3310	such consent.
3311	2. A preplanned adoption arrangement shall be based upon a
3312	preplanned adoption agreement that must include, but need not be
3313	limited to, the following terms:
3314	a. That the volunteer mother agrees to become pregnant by
3315	the fertility technique specified in the agreement, to bear the
3316	child, and to terminate any parental rights and responsibilities
3317	to the child she might have through a written consent executed
3318	at the same time as the preplanned adoption agreement, subject
3319	to a right of rescission by the volunteer mother any time within
3320	7 days after the birth of the child.
3321	b. That the volunteer mother agrees to submit to
3322	reasonable medical evaluation and treatment and to adhere to
3323	reasonable medical instructions about her prenatal health.
3324	c. That the volunteer mother acknowledges that she is
3325	aware that she will assume parental rights and responsibilities
3326	for the child born to her as otherwise provided by law for a
3327	mother, if the intended father and intended mother terminate the
3328	agreement before final transfer of custody is completed, or if a
3329	court determines that a parent clearly specified by the
3330	preplanned adoption agreement to be the biological parent is not
3331	the biological parent, or if the preplanned adoption is not
3332	approved by the court pursuant to the Florida Adoption Act.
3333	d. That an intended father who is also the biological
3334	father acknowledges that he is aware that he will assume
3335	parental rights and responsibilities for the child as otherwise
3336	provided by law for a father, if the agreement is terminated for
3337	any reason by any party before final transfer of custody is
3338	completed or if the planned adoption is not approved by the
3339	court pursuant to the Florida Adoption Act.
3340	e. That the intended father and intended mother
3341	acknowledge that they may not receive custody or the parental
3342	rights under the agreement if the volunteer mother terminates
3343	the agreement or if the volunteer mother rescinds her consent to
3344	place her child for adoption within 7 days after birth.
3345	f. That the intended father and intended mother may agree
3346	to pay all reasonable legal, medical, psychological, or
3347	psychiatric expenses of the volunteer mother related to the
3348	preplanned adoption arrangement, and may agree to pay the
3349	reasonable living expenses of the volunteer mother. No other
3350	compensation, whether in cash or in kind, shall be made pursuant
3351	to a preplanned adoption arrangement.
3352	g. That the intended father and intended mother agree to
3353	accept custody of and to assert full parental rights and
3354	responsibilities for the child immediately upon the child's
3355	birth, regardless of any impairment to the child.
3356	h. That the intended father and intended mother shall have
3357	the right to specify the blood and tissue typing tests to be
3358	performed if the agreement specifies that at least one of them
3359	is intended to be the biological parent of the child.
3360	i. That the agreement may be terminated at any time by any
3361	of the parties.
3362	3. A preplanned adoption agreement shall not contain any
3363	provision:
3364	a. To reduce any amount paid to the volunteer mother if
3365	the child is stillborn or is born alive but impaired, or to
3366	provide for the payment of a supplement or bonus for any reason.
3367	b. Requiring the termination of the volunteer mother's
3368	pregnancy.
3369	4. An attorney who represents an intended father and
3370	intended mother or any other attorney with whom that attorney is
3371	associated shall not represent simultaneously a female who is or
3372	proposes to be a volunteer mother in any matter relating to a
3373	preplanned adoption agreement or preplanned adoption
3374	arrangement.
3375	5. Payment to agents, finders, and intermediaries,
3376	including attorneys and physicians, as a finder's fee for
3377	finding volunteer mothers or matching a volunteer mother and
3378	intended father and intended mother is prohibited. Doctors,
3379	psychologists, attorneys, and other professionals may receive
3380	reasonable compensation for their professional services, such as
3381	providing medical services and procedures, legal advice in
3382	structuring and negotiating a preplanned adoption agreement, or
3383	counseling.
3384	6. As used in this paragraph, the term:
3385	a. "Blood and tissue typing tests" include, but are not
3386	limited to, tests of red cell antigens, red cell isoenzymes,
3387	human leukocyte antigens, and serum proteins.
3388	b. "Child" means the child or children conceived by means
3389	of an insemination that is part of a preplanned adoption
3390	arrangement.
3391	c. "Fertility technique" means artificial embryonation,
3392	artificial insemination, whether in vivo or in vitro, egg
3393	donation, or embryo adoption.
3394	d. "Intended father" means a male who, as evidenced by a
3395	preplanned adoption agreement, intends to have the parental
3396	rights and responsibilities for a child conceived through a
3397	fertility technique, regardless of whether the child is
3398	biologically related to the male.
3399	e. "Intended mother" means a female who, as evidenced by a
3400	preplanned adoption agreement, intends to have the parental
3401	rights and responsibilities for a child conceived through a
3402	fertility technique, regardless of whether the child is
3403	biologically related to the female.
3404	f. "Parties" means the intended father and intended
3405	mother, the volunteer mother and her husband, if she has a
3406	husband, who are all parties to the preplanned adoption
3407	agreement.
3408	g. "Preplanned adoption agreement" means a written
3409	agreement among the parties that specifies the intent of the
3410	parties as to their rights and responsibilities in the
3411	preplanned adoption arrangement, consistent with the provisions
3412	of this act.
3413	h. "Preplanned adoption arrangement" means the arrangement
3414	through which the parties enter into an agreement for the
3415	volunteer mother to bear the child, for payment by the intended
3416	father and intended mother of the expenses allowed by this act,
3417	for the intended father and intended mother to assert full
3418	parental rights and responsibilities to the child if consent to
3419	adoption is not rescinded after birth by the volunteer mother,
3420	and for the volunteer mother to terminate, subject to a right of
3421	rescission, in favor of the intended father and intended mother
3422	all her parental rights and responsibilities to the child.
3423	i. "Volunteer mother" means a female person at least 18
3424	years of age who voluntarily agrees, subject to a right of
3425	rescission, that if she should become pregnant pursuant to a
3426	preplanned adoption arrangement, she will terminate in favor of
3427	the intended father and intended mother her parental rights and
3428	responsibilities to the child.
3429	(4) It is unlawful for any adoption entity to fail to
3430	report to the court, within a reasonable time periodprior to
3431	placement, the intended placement of a minor for purposes of
3432	adoption with any person not a stepparent or a relative within
3433	the third degree, if the adoption entity participates in such
3434	intended placement.
3435	(7) It is unlawful for any adoption entity to obtain a
3436	preliminary home study or final home investigation and fail to
3437	disclose the existence of the study or investigation to the
3438	court when required by law to do so.
3439	(8) Unless otherwise indicated, a person who willfully and
3440	with criminal intentviolates any provision of this section,
3441	excluding paragraph (1)(g), commits a felony of the third
3442	degree, punishable as provided in s. 775.082, s. 775.083, or s.
3443	775.084. A person who willfully and with criminal intent
3444	violates paragraph (1)(g) commits a misdemeanor of the second
3445	degree, punishable as provided in s. 775.083; and each day of
3446	continuing violation shall be considered a separate offense.
3447	Section 36. Section 63.213, Florida Statutes, is created
3448	to read:
3449	63.213 Preplanned adoption agreement.--
3450	(1) Individuals may enter into a preplanned adoption
3451	arrangement as specified in this section, but such arrangement
3452	may not in any way:
3453	(a) Effect final transfer of custody of a child or final
3454	adoption of a child without review and approval of the court and
3455	without compliance with other applicable provisions of law.
3456	(b) Constitute consent of a mother to place her child for
3457	adoption until 48 hours following birth and unless the court
3458	making the custody determination or approving the adoption
3459	determines that the mother was aware of her right to rescind
3460	within the 48-hour period following birth but chose not to
3461	rescind such consent.
3462	(2) A preplanned adoption agreement must include, but need
3463	not be limited to, the following terms:
3464	(a) That the volunteer mother agrees to become pregnant by
3465	the fertility technique specified in the agreement, to bear the
3466	child, and to terminate any parental rights and responsibilities
3467	to the child she might have through a written consent executed
3468	at the same time as the preplanned adoption agreement, subject
3469	to a right of rescission by the volunteer mother any time within
3470	48 hours after the birth of the child.
3471	(b) That the volunteer mother agrees to submit to
3472	reasonable medical evaluation and treatment and to adhere to
3473	reasonable medical instructions about her prenatal health.
3474	(c) That the volunteer mother acknowledges that she is
3475	aware that she will assume parental rights and responsibilities
3476	for the child born to her as otherwise provided by law for a
3477	mother if the intended father and intended mother terminate the
3478	agreement before final transfer of custody is completed, if a
3479	court determines that a parent clearly specified by the
3480	preplanned adoption agreement to be the biological parent is not
3481	the biological parent, or if the preplanned adoption is not
3482	approved by the court pursuant to the Florida Adoption Act.
3483	(d) That an intended father who is also the biological
3484	father acknowledges that he is aware that he will assume
3485	parental rights and responsibilities for the child as otherwise
3486	provided by law for a father if the agreement is terminated for
3487	any reason by any party before final transfer of custody is
3488	completed or if the planned adoption is not approved by the
3489	court pursuant to the Florida Adoption Act.
3490	(e) That the intended father and intended mother
3491	acknowledge that they may not receive custody or the parental
3492	rights under the agreement if the volunteer mother terminates
3493	the agreement or if the volunteer mother rescinds her consent to
3494	place her child for adoption within 48 hours after birth.
3495	(f) That the intended father and intended mother may agree
3496	to pay all reasonable legal, medical, psychological, or
3497	psychiatric expenses of the volunteer mother related to the
3498	preplanned adoption arrangement and may agree to pay the
3499	reasonable living expenses and wages lost due to the pregnancy
3500	and birth of the volunteer mother and reasonable compensation
3501	for inconvenience, discomfort, and medical risk. No other
3502	compensation, whether in cash or in kind, shall be made pursuant
3503	to a preplanned adoption arrangement.
3504	(g) That the intended father and intended mother agree to
3505	accept custody of and to assert full parental rights and
3506	responsibilities for the child immediately upon the child's
3507	birth, regardless of any impairment to the child.
3508	(h) That the intended father and intended mother shall
3509	have the right to specify the blood and tissue typing tests to
3510	be performed if the agreement specifies that at least one of
3511	them is intended to be the biological parent of the child.
3512	(i) That the agreement may be terminated at any time by
3513	any of the parties.
3514	(3) A preplanned adoption agreement shall not contain any
3515	provision:
3516	(a) To reduce any amount paid to the volunteer mother if
3517	the child is stillborn or is born alive but impaired, or to
3518	provide for the payment of a supplement or bonus for any reason.
3519	(b) Requiring the termination of the volunteer mother's
3520	pregnancy.
3521	(4) An attorney who represents an intended father and
3522	intended mother or any other attorney with whom that attorney is
3523	associated shall not represent simultaneously a female who is or
3524	proposes to be a volunteer mother in any matter relating to a
3525	preplanned adoption agreement or preplanned adoption
3526	arrangement.
3527	(5) Payment to agents, finders, and intermediaries,
3528	including attorneys and physicians, as a finder's fee for
3529	finding volunteer mothers or matching a volunteer mother and
3530	intended father and intended mother is prohibited. Doctors,
3531	psychologists, attorneys, and other professionals may receive
3532	reasonable compensation for their professional services, such as
3533	providing medical services and procedures, legal advice in
3534	structuring and negotiating a preplanned adoption agreement, or
3535	counseling.
3536	(6) As used in this section, the term:
3537	(a) "Blood and tissue typing tests" include, but are not
3538	limited to, tests of red cell antigens, red cell isoenzymes,
3539	human leukocyte antigens, and serum proteins.
3540	(b) "Child" means the child or children conceived by means
3541	of an insemination that is part of a preplanned adoption
3542	arrangement.
3543	(c) "Fertility technique" means artificial embryonation,
3544	artificial insemination, whether in vivo or in vitro, egg
3545	donation, or embryo adoption.
3546	(d) "Intended father" means a male who, as evidenced by a
3547	preplanned adoption agreement, intends to assert the parental
3548	rights and responsibilities for a child conceived through a
3549	fertility technique, regardless of whether the child is
3550	biologically related to the male.
3551	(e) "Intended mother" means a female who, as evidenced by
3552	a preplanned adoption agreement, intends to assert the parental
3553	rights and responsibilities for a child conceived through a
3554	fertility technique, regardless of whether the child is
3555	biologically related to the female.
3556	(f) "Party" means the intended father, the intended
3557	mother, the volunteer mother, or the volunteer mother's
3558	husband, if she has a husband.
3559	(g) "Preplanned adoption agreement" means a written
3560	agreement among the parties that specifies the intent of the
3561	parties as to their rights and responsibilities in the
3562	preplanned adoption arrangement, consistent with the provisions
3563	of this section.
3564	(h) "Preplanned adoption arrangement" means the
3565	arrangement through which the parties enter into an agreement
3566	for the volunteer mother to bear the child, for payment by the
3567	intended father and intended mother of the expenses allowed by
3568	this section, for the intended father and intended mother to
3569	assert full parental rights and responsibilities to the child if
3570	consent to adoption is not rescinded after birth by the
3571	volunteer mother, and for the volunteer mother to terminate,
3572	subject to a right of rescission, all her parental rights and
3573	responsibilities to the child in favor of the intended father
3574	and intended mother.
3575	(i) "Volunteer mother" means a female at least 18 years of
3576	age who voluntarily agrees, subject to a right of rescission,
3577	that if she should become pregnant pursuant to a preplanned
3578	adoption arrangement, she will terminate her parental rights and
3579	responsibilities to the child in favor of the intended father
3580	and intended mother.
3581	Section 37. Section 63.219, Florida Statutes, is amended
3582	to read:
3583	63.219 Sanctions.--Upon a finding by the court that an
3584	adoption entity has willfully violated any substantiveprovision
3585	of this chapter relative to the rights of the parties to the
3586	adoption and legality of the adoption process, the court is
3587	authorized to prohibit the adoption entity from placing a minor
3588	for adoption in the future in this state.
3589	Section 38. Section 63.235, Florida Statutes, is amended
3590	to read:
3591	63.235 Petitions filed before effective dateOctober 1,
3592	2001; governing law.--Any petition for adoption filed before the
3593	effective date of this actOctober 1, 2001, shall be governed by
3594	the law in effect at the time the petition was filed.
3595	Section 39. This act shall take effect upon becoming a
3596	law.
3597