Senate Bill sb2658
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2658
By Senator Lawson
6-1827-04 See HB 893
1 A bill to be entitled
2 An act relating to determination of parentage;
3 amending s. 63.054, F.S., to conform with the
4 provisions of this act; amending s. 742.12,
5 F.S.; authorizing certain unmarried biological
6 fathers to petition for certain paternity tests
7 for visitation purposes under certain
8 circumstances; authorizing such fathers to
9 petition for visitation under certain
10 circumstances; providing for due process rights
11 of the mother and legal father; specifying a
12 required burden of proof; authorizing a court
13 to order visitation under certain
14 circumstances; limiting the effect of such
15 order; providing a statute of limitation;
16 providing an effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (1) of section 63.054, Florida
21 Statutes, is amended to read:
22 63.054 Actions required by an unmarried biological
23 father to establish parental rights; Florida Putative Father
24 Registry.--
25 (1) In order to preserve the right to notice and
26 consent to an adoption under this chapter, and for the
27 purposes of s. 742.12(8), an unmarried biological father must,
28 as the "registrant," file a notarized claim of paternity form
29 with the Florida Putative Father Registry maintained by the
30 Office of Vital Statistics of the Department of Health and
31 shall include therein confirmation of his willingness and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2658
6-1827-04 See HB 893
1 intent to support the child for whom paternity is claimed in
2 accordance with state law. The claim of paternity may be filed
3 at any time prior to the child's birth, but a claim of
4 paternity may not be filed after the date a petition is filed
5 for termination of parental rights.
6 Section 2. Subsection (8) is added to section 742.12,
7 Florida Statutes, to read:
8 742.12 Scientific testing to determine paternity.--
9 (8)(a) Notwithstanding s. 742.011, and for the
10 purposes of visitation only, an unmarried biological father,
11 as defined in s. 63.032(19), who has registered with the
12 Florida Putative Father Registry pursuant to s. 63.054, may
13 petition the court to require the child, the mother, and the
14 legal father to submit to scientific tests that are generally
15 acceptable within the scientific community to show a
16 probability of paternity. If the test results show a
17 statistical probability of paternity that equals or exceeds 95
18 percent, the unmarried biological father may petition the
19 court for visitation. The mother and legal father have a right
20 to notice and an opportunity to be heard. The burden of proof
21 is on the unmarried biological father, by clear and convincing
22 evidence. Upon a finding by the court that visitation would be
23 in the child's best interests, the court may order visitation
24 with the unmarried biological father. Such order in no way
25 confers any title or rights to the unmarried biological
26 father, nor confers illegitimate status upon the minor child.
27 (b) Notwithstanding any other provision of law, an
28 action or proceeding by an unmarried biological father for
29 visitation may not be filed more than 2 years after the
30 child's birth.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2658
6-1827-04 See HB 893
1 Section 3. This act shall take effect upon becoming a
2 law.
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CODING: Words stricken are deletions; words underlined are additions.