HB 1299

1	A bill to be entitled
2	An act relating to adoption; amending s. 63.022, F.S.;
3	revising legislative intent to allow legal custodians to
4	participate in certain private adoption plans; amending s.
5	63.032, F.S.; revising definitions; amending s. 63.039,
6	F.S.; revising duties of adoption entity to prospective
7	parents; amending s. 63.052, F.S.; revising conditions
8	under which an adoption entity is the guardian of a minor;
9	authorizing the court to retain jurisdiction of a minor
10	until the adoption is finalized within or outside of the
11	state; amending s. 63.053, F.S.; providing conditions
12	under which an unmarried biological father shall lose
13	parental rights; amending s. 63.054, F.S.; providing that
14	an adoption entity has no obligation to search for a
15	registrant who has failed to report certain changes in
16	status; providing an exception; revising conditions under
17	which a petitioner for termination of parental rights is
18	required to submit an application for a search of the
19	Florida Putative Father Registry; revising conditions for
20	an unmarried biological father to initiate an action under
21	s. 63.087, F.S.; requiring compliance by a petitioner for
22	termination of parental rights with search requirements
23	relating to the identity of a man whose consent is
24	required; amending s. 63.062, F.S.; revising provisions
25	relating to notice of petition to terminate parental
26	rights pending adoption, required consent, and change of
27	venue; amending s. 63.064, F.S.; authorizing the court to
28	waive the requirement that consent for adoption be
29	obtained within a certain time period from a parent
30	declared incompetent, under certain circumstances;
31	requiring the court to consider the best interest of the
32	child in making such determination; amending s. 63.082,
33	F.S.; revising requirements for executing a consent for
34	adoption or affidavit of nonpaternity; revising
35	requirements for withdrawing a consent for adoption;
36	amending s. 63.085, F.S.; revising provision relating to
37	who may sign a valid consent for adoption; amending s.
38	63.087, F.S.; revising provisions governing the
39	proceedings for terminating parental rights pending
40	adoption; revising the venue requirements for filing a
41	petition to terminate parental rights; revising
42	requirements for a petition to terminate parental rights
43	pending adoption; revising conditions for service of a
44	summons and copy of the petition; requiring an answer to a
45	petition to be timely filed and providing that failure to
46	do so constitutes grounds for termination of parental
47	rights; requiring appearance at hearing on the petition
48	and providing that failure to do so constitutes grounds
49	for termination of parental rights; amending s. 63.088,
50	F.S.; providing diligent search and court inquiry
51	requirements for identifying and locating a person who is
52	required to consent to an adoption or receive notice of
53	proceedings to terminate parental rights; providing that
54	failure to timely respond or appear constitutes grounds to
55	terminate parental rights pending adoption; revising the
56	inquiries required for diligent search; requiring a person
57	contacted by a petitioner or adoption entity to release
58	certain information; providing an exception; amending s.
59	63.089, F.S.; revising hearing requirements for
60	terminating parental rights; revising grounds upon which
61	parental rights may be terminated; revising conditions for
62	making a finding of abandonment; revising dismissal of
63	petition procedures; revising requirements for issuing and
64	voiding a judgment terminating parental rights; amending
65	s. 63.092, F.S.; revising report and preliminary study
66	requirements for placement of a minor by an adoption
67	entity; amending s. 63.097, F.S.; revising the fees,
68	costs, and expenses that may be assessed by an adoption
69	entity; amending s. 63.102, F.S.; revising requirements
70	for filing a petition for adoption; amending s. 63.112,
71	F.S.; revising requirements for the petition documents for
72	an adoption; amending s. 63.122, F.S.; permitting certain
73	information to be deleted from the notice of hearing to
74	protect privacy rights; amending s. 63.125, F.S.;
75	providing for certain licensed professionals to contribute
76	to final home investigation reports; amending s. 63.132,
77	F.S.; revising requirements for the affidavit of expenses
78	and receipts; revising applicability; amending s. 63.135,
79	F.S.; revising requirements for information provided to
80	the court for adoption proceedings; amending s. 63.142,
81	F.S.; requiring further proceedings if a petition for
82	adoption is dismissed; revising conditions under which a
83	judgment terminating parental rights is voidable; amending
84	s. 63.152, F.S.; requiring the clerk of the court to
85	transmit the statement of adoption to the registrar of
86	vital statistics in the state where the adoptee was born;
87	amending s. 63.162, F.S.; revising requirements concerning
88	the disclosure of information pertaining to an adoption;
89	amending s. 63.172, F.S.; providing for the right of
90	inheritance with respect to adoption; amending s. 63.192,
91	F.S.; revising provisions relating to recognition of
92	foreign judgment or decree affecting adoption; providing
93	conditions for termination of parental rights; amending s.
94	63.207, F.S.; authorizing a petition for declaratory
95	statement to be consolidated with a petition for adoption;
96	permitting parents to finalize adoption in their home
97	state; providing an exception to applicability of the
98	Interstate Compact on the Placement of Children; amending
99	s. 63.212, F.S.; providing an exception to applicability
100	of the Interstate Compact on the Placement of Children;
101	revising provisions relating to prohibitions with respect
102	to adoptions; amending s. 63.213, F.S.; revising
103	provisions relating to legal representation in preplanned
104	adoption agreements; revising a definition; amending s.
105	63.235, F.S.; revising applicability; providing an
106	effective date.
107
108	Be It Enacted by the Legislature of the State of Florida:
109
110	Section 1.  Paragraph (e) of subsection (4) and subsection
111	(5) of section 63.022, Florida Statutes, are amended to read:
112	63.022  Legislative intent.--
113	(4)  The basic safeguards intended to be provided by this
114	chapter are that:
115	(e)  A sufficient period of time elapses during which the
116	minor has lived within the proposed adoptive home under the
117	guidance of an adoption entity, except stepparent or relative
118	adoptions or adoptions of a relative.
119	(5)  It is the intent of the Legislature to provide for
120	cooperation between private adoption entities and the Department
121	of Children and Family Services in matters relating to permanent
122	placement options for children in the care of the department
123	whose parent or legal custodian wishes birth parents wish to
124	participate in a private adoption plan with a qualified family.
125	Section 2.  Section 63.032, Florida Statutes, is amended to
126	read:
127	63.032  Definitions.--As used in this chapter, the term:
128	(1)  "Abandoned" means a situation in which the parent or
129	person having legal custody of a child, while being able, makes
130	minimal or no provision for the child's support or and makes
131	minimal little or no effort to communicate with the child, which
132	situation is sufficient to evince an intent to reject parental
133	responsibilities. If, in the opinion of the court, the efforts
134	of such parent or person having legal custody of the child to
135	support and communicate with the child are only marginal efforts
136	that do not evince a settled purpose to assume all parental
137	duties, the court may declare the child to be abandoned. In
138	making this decision, the court may consider the conduct of a
139	father towards the child's mother during her pregnancy.
140	(2)  "Adoption" means the act of creating the legal
141	relationship between parent and child where it did not exist,
142	thereby declaring the child to be legally the child of the
143	adoptive parents and their heir at law and entitled to all the
144	rights and privileges and subject to all the obligations of a
145	child born to such adoptive parents in lawful wedlock.
146	(3)  "Adoption entity" means the department, an agency, a
147	child-caring agency registered under s. 409.176, an
148	intermediary, or a child-placing agency licensed in another
149	state, or an attorney licensed to practice law in another state
150	which is placing a child from another state qualified by the
151	department to place children in the State of Florida.
152	(4)  "Adoption plan" means an arrangement made by a birth
153	parent or other individual having a legal right to custody of a
154	minor child, born or to be born, with an adoption entity in
155	furtherance of the placement of the minor for adoption.
156	(5)(4)  "Adult" means a person who is not a minor.
157	(6)(5)  "Agency" means any child-placing agency licensed by
158	the department pursuant to s. 63.202 to place minors for
159	adoption.
160	(7)(6)  "Child" means a son or daughter, whether by birth
161	or adoption.
162	(8)(7)  "Court" means any circuit court of this state and,
163	when the context requires, the court of any state that is
164	empowered to grant petitions for adoption.
165	(9)(8)  "Department" means the Department of Children and
166	Family Services.
167	(10)(9)  "Intermediary" means an attorney who is licensed
168	or authorized to practice in this state and who is placing or
169	intends to place a child for adoption, including placing
170	children born in another state with citizens of this state or
171	country or placing children born in this state with citizens of
172	another state or country.
173	(11)(10)  "Legal custody" means a legal status created by
174	court order or letter of guardianship which vests in a custodian
175	of the person or guardian, whether an agency or an individual,
176	the right to have physical custody of the child and the right
177	and duty to protect, train, and discipline the child and to
178	provide him or her with food, shelter, education, and ordinary
179	medical, dental, psychiatric, and psychological care. The legal
180	custodian is the person or entity in whom the legal right to
181	custody is vested has the meaning ascribed in s. 39.01.
182	(12)(11)  "Minor" means a person under the age of 18 years.
183	(13)(12)  "Parent" means a woman who gives birth to a child
184	and a man whose consent to the adoption of the child would be
185	required under s. 63.062. If a child has been legally adopted,
186	the term "parent" means the adoptive mother or father of the
187	child. The terms "parent," "mother," and "father" do not include
188	an individual whose parental relationship to the child has been
189	legally terminated has the same meaning ascribed in s. 39.01.
190	(14)(13)  "Person" includes a natural person, corporation,
191	government or governmental subdivision or agency, business
192	trust, estate, trust, partnership, or association, and any other
193	legal entity.
194	(15)(14)  "Relative" means a person related by blood or
195	affinity to the person being adopted within the third degree of
196	consanguinity.
197	(16)(15)  "To place" or "placement" means the process of a
198	parent or legal guardian surrendering a child for adoption and
199	the prospective adoptive parents receiving and adopting the
200	child, and includes all actions by any person or adoption entity
201	participating in the process.
202	(17)(16)  "Primarily lives and works in Florida" includes a
203	person who lives and works in this state at least 6 months of
204	the year, military personnel who designate Florida as their
205	place of residence in accordance with the Servicemembers Civil
206	Relief Act of 2003, or United States citizens living in a
207	foreign country who designate Florida as their place of
208	residence. "Placement" means the process of a parent or legal
209	guardian surrendering a child for adoption and the prospective
210	adoptive parents receiving and adopting the child and all
211	actions by any adoption entity participating in placing the
212	child.
213	(18)(17)  "Primarily lives and works outside Florida" means
214	a person who lives and works outside this state at least 6
215	months of the year, military personnel who designate a state
216	other than Florida as their place of residence in accordance
217	with the Servicemembers Civil Relief Act of 2003 and who do not
218	reside in Florida 6 months of the year Soldiers' and Sailors'
219	Civil Relief Act of 1940, or United States citizens employees of
220	the United States Department of State living in a foreign
221	country who designate a state other than Florida as their place
222	of residence and who do not reside in Florida 6 months of the
223	year.
224	(19)(18)  "Suitability of the intended placement" includes
225	the fitness of the intended placement, with primary
226	consideration being given to the best interest of the child.
227	(20)(19)  "Unmarried biological father" means the child's
228	biological father who is not married to the child's mother at
229	the time of conception or birth of the child and who has not
230	been declared by a court of competent jurisdiction to be the
231	legal father of the child.
232	(20)  "Adoption plan" means arrangements made by a birth
233	parent or other individual having a legal right to custody of a
234	minor child, born or to be born, with an adoption entity in
235	furtherance of the placement of the minor for adoption.
236	Section 3.  Paragraphs (g) and (i) of subsection (1) of
237	section 63.039, Florida Statutes, are amended to read:
238	63.039  Duty of adoption entity to prospective adoptive
239	parents; sanctions.--
240	(1)  An adoption entity placing a minor for adoption has an
241	affirmative duty to follow the requirements of this chapter and
242	specifically the following provisions, which protect and promote
243	the well-being of persons being adopted and their parents and
244	prospective adoptive parents by promoting certainty, finality,
245	and permanency for such persons. The adoption entity must:
246	(g)  When the identity of a person whose consent to
247	adoption is required necessary under this chapter is known but
248	the location of such a person is unknown, conduct the diligent
249	search and file the affidavit required under s. 63.088(5).
250	(i)  Obtain the written waiver of venue if applicable
251	required under s. 63.062 in cases in which venue for the
252	termination of parental rights will be located in a county other
253	than the county where a parent whose rights are to be terminated
254	resides.
255	Section 4.  Subsections (1) and (7) of section 63.052,
256	Florida Statutes, are amended to read:
257	63.052  Guardians designated; proof of commitment.--
258	(1)  For minors who have been placed for adoption with and
259	permanently committed to an adoption entity, other than an
260	intermediary, such adoption entity shall be the guardian of the
261	person of the minor and has the responsibility and authority to
262	provide for the needs and welfare of the minor.
263	(7)  The court retains jurisdiction of a minor who has been
264	placed for adoption until the adoption is finalized within or
265	outside of this state final. After a minor is placed with an
266	adoption entity or prospective adoptive parent, the court may
267	review the status of the minor and the progress toward permanent
268	adoptive placement.
269	Section 5.  Subsection (1) of section 63.053, Florida
270	Statutes, is amended to read:
271	63.053  Rights and responsibilities of an unmarried
272	biological father; legislative findings.--
273	(1)  In enacting the provisions contained in this chapter,
274	the Legislature prescribes the conditions for determining
275	whether an unmarried biological father's actions are
276	sufficiently prompt and substantial so as to require protection
277	of a constitutional right. If an unmarried biological father
278	fails to take the actions that are available to him to establish
279	a relationship with his child, his parental interest shall may
280	be lost entirely, or greatly diminished, by his failure to
281	timely comply with the available legal steps to substantiate a
282	parental interest.
283	Section 6.  Subsections (6), (7), (8), and (13) of section
284	63.054, Florida Statutes, are amended to read:
285	63.054  Actions required by an unmarried biological father
286	to establish parental rights; Florida Putative Father
287	Registry.--
288	(6)  It is the obligation of the registrant or, if
289	designated under subsection (4), his designated agent or
290	representative to notify and update the Office of Vital
291	Statistics of any change of address or change in the designation
292	of an agent or representative. The failure of a registrant, or
293	designated agent or representative, to report any such change is
294	at the registrant's own risk and shall not serve as a valid
295	defense based upon lack of notice and the adoption entity or
296	petitioner shall have no further obligation to search for the
297	registrant, unless the person petitioning for termination of
298	parental rights or adoption has actual or constructive notice of
299	the registrant's address and whereabouts from another source.
300	(7)  In each proceeding for termination of parental rights
301	or each adoption proceeding wherein parental rights are being
302	terminated simultaneously with entry of the final judgment of
303	adoption, as in stepparent and relative adoptions filed under
304	this chapter, the petitioner must contact the Office of Vital
305	Statistics of the Department of Health by submitting an
306	application for a search of the Florida Putative Father
307	Registry. The petitioner shall provide the same information, if
308	known, on the search application form which the registrant is
309	required to furnish under subsection (3). Thereafter, the Office
310	of Vital Statistics must issue a certificate signed by the State
311	Registrar certifying:
312	(a)  The identity and contact information, if any, for each
313	registered unmarried biological father whose information matches
314	the search request sufficiently so that such person may be
315	considered a possible father of the subject child; or
316	(b)  That a diligent search has been made of the registry
317	of registrants who may be the unmarried biological father of the
318	subject child and that no matching registration has been located
319	in the registry.
320
321	The This certificate must be filed with the court in the
322	proceeding to terminate parental rights or the adoption
323	proceeding. If a termination of parental rights and an adoption
324	proceeding are being adjudicated separately simultaneously, the
325	Florida Putative Father Registry need only be searched once.
326	(8)  If an unmarried biological father whose consent to
327	adoption is required does not know the county in which the birth
328	mother resides, gave birth, or intends to give birth, he may
329	initiate an action in any county in the state, in accordance
330	with s. 63.087 subject to the birth mother's right to change
331	venue to the county where she resides.
332	(13)  The filing of a claim of paternity with the Florida
333	Putative Father Registry does not excuse or waive the obligation
334	of a petitioner to comply with the requirements for conducting a
335	diligent search and inquiry with respect to the identity of any
336	man whose consent is required pursuant to s. 63.062 an unmarried
337	biological father or legal father which are set forth in this
338	chapter.
339	Section 7.  Section 63.062, Florida Statutes, is amended to
340	read:
341	63.062  Persons required to consent to adoption; affidavit
342	of nonpaternity; waiver of venue.--
343	(1)  Unless supported by one or more of the grounds
344	enumerated under s. 63.089(3), a petition to terminate parental
345	rights pending adoption may be granted only if written consent
346	has been executed as provided in s. 63.082 after the birth of
347	the minor or notice has been served under s. 63.088 to:
348	(a)  The mother of the minor, if her parental rights have
349	not been previously terminated.
350	(b)  The father of the minor, if his parental rights have
351	not been previously terminated, and if:
352	1.  The minor was conceived or born while the father was
353	married to the mother;
354	2.  The minor is his child by adoption prior to the filing
355	of a petition for termination of parental rights;
356	3.  The minor has been established by court proceeding to
357	be his child prior to the filing of a petition for termination
358	of parental rights and has complied with the requirements of
359	subsection (2);
360	4.  He has filed an affidavit of paternity pursuant to s.
361	382.013(2)(c) prior to the filing of a petition for termination
362	of parental rights and has complied with the requirements of
363	subsection (2); or
364	5.  In the case of an unmarried biological father, he has
365	acknowledged in writing, signed in the presence of a competent
366	witness, that he is the father of the minor, has filed such
367	acknowledgment with the Office of Vital Statistics of the
368	Department of Health within the required timeframes, and has
369	complied with the requirements of subsection (2).
370	(c)  The minor, if 12 years of age or older, unless the
371	court in the best interest of the minor dispenses with the
372	minor's consent.
373	(d)  Any person lawfully entitled to custody of the minor
374	if required by the court.
375	(e)  The court having jurisdiction to determine custody of
376	the minor, if the person having physical custody of the minor
377	does not have authority to consent to the adoption.
378	(2)  In accordance with subsection (1), the consent of an
379	unmarried biological father shall be required necessary only if
380	the unmarried biological father has complied with the
381	requirements of this subsection.
382	(a)1.  With regard to a child who is placed with adoptive
383	parents more than 6 months after the child's birth, an unmarried
384	biological father must have developed a substantial relationship
385	with the child, taken some measure of responsibility for the
386	child and the child's future, and demonstrated a full commitment
387	to the responsibilities of parenthood by providing financial
388	support to the child in accordance with the unmarried biological
389	father's ability, if not prevented from doing so by the person
390	or authorized agency having lawful custody of the child, and
391	either:
392	a.  Regularly visited the child at least monthly, when
393	physically and financially able to do so and when not prevented
394	from doing so by the birth mother or the person or authorized
395	agency having lawful custody of the child; or
396	b.  Maintained regular communication with the child or with
397	the person or agency having the care or custody of the child,
398	when physically or financially unable to visit the child and or
399	when not prevented from doing so by the birth mother or person
400	or authorized agency having lawful custody of the child.
401	2.  The mere fact that an unmarried biological father
402	expresses a desire to fulfill his responsibilities towards his
403	child which is unsupported by acts evidencing this intent does
404	not preclude a finding by the court that the unmarried
405	biological father failed to comply with the requirements of this
406	subsection.
407	3.  An unmarried biological father who openly lived with
408	the child for at least 6 months within the 1-year period
409	following the birth of the child and immediately preceding
410	placement of the child with adoptive parents and who openly held
411	himself out to be the father of the child during that period
412	shall be deemed to have developed a substantial relationship
413	with the child and to have otherwise met the requirements of
414	this paragraph.
415	(b)  With regard to a child who is younger than 6 months of
416	age at the time the child is placed with the adoptive parents,
417	an unmarried biological father must have demonstrated a full
418	commitment to his parental responsibility by having performed
419	all of the following acts prior to the time the mother executes
420	her consent for adoption or a petition for termination of
421	parental rights has been filed, whichever is earlier:
422	1.  Filed a notarized claim of paternity form with the
423	Florida Putative Father Registry within the Office of Vital
424	Statistics of the Department of Health, which form shall be
425	maintained in the confidential registry established for that
426	purpose and shall be considered filed when the notice is entered
427	in the registry of notices from unmarried biological fathers.
428	2.  Upon service of a notice of an intended adoption plan
429	or a petition for termination of parental rights pending
430	adoption, timely executed and filed an affidavit in that
431	proceeding stating that he is personally fully able and willing
432	to take responsibility for the child, setting forth his plans
433	for care of the child, and agreeing to a court order of child
434	support and a contribution to the payment of living and medical
435	expenses incurred for the mother's pregnancy and the child's
436	birth in accordance with his ability to pay.
437	3.  If he had knowledge of the pregnancy, paid a fair and
438	reasonable amount of the expenses incurred in connection with
439	the mother's pregnancy and the child's birth, in accordance with
440	his financial ability and when not prevented from doing so by
441	the birth mother or person or authorized agency having lawful
442	custody of the child.
443	(c)  The petitioner shall file with the court a certificate
444	from the Office of Vital Statistics stating that a diligent
445	search has been made of the Florida Putative Father Registry of
446	notices from unmarried biological fathers described in
447	subparagraph (b)1. and that no filing has been found pertaining
448	to the father of the child in question or, if a filing is found,
449	stating the name of the putative father and the time and date of
450	filing. That certificate shall be filed with the court prior to
451	the entry of a final judgment of termination of parental rights.
452	(d)  An unmarried biological father who does not comply
453	with each of the conditions provided in this subsection is
454	deemed to have irrevocably waived and surrendered any rights in
455	relation to the child, including the right to notice of any
456	judicial proceeding in connection with the adoption of the
457	child, and his consent to the adoption of the child is not
458	required.
459	(3)(a)  Pursuant to chapter 48, an adoption entity may
460	serve upon any unmarried biological father identified by the
461	mother or identified by a diligent search of the Florida
462	Putative Father Registry, or upon an entity whose consent is
463	required, a notice of intended adoption plan at any time prior
464	to the birth of the child or placement of the child in the
465	adoptive home, including prior to the birth of the child. The
466	notice of intended adoption plan must specifically state that if
467	the unmarried biological father desires to contest the adoption
468	plan, he must file with the court, within 30 days after service,
469	a verified response that contains a pledge of commitment to the
470	child in substantial compliance with subparagraph (2)(b)2. The
471	notice of intended adoption plan shall notify the unmarried
472	biological father that, if he has not already done so, he must
473	file a claim of paternity form with the Office of Vital
474	Statistics within 30 days after service upon him and must
475	provide the adoption entity with a copy of the verified response
476	filed with the court and the claim of paternity form filed with
477	the Office of Vital Statistics. If the party served with the
478	notice of intended adoption plan is an entity, the entity must
479	file, within 30 days after service, a verified response setting
480	forth a legal basis for contesting the intended adoption plan,
481	specifically addressing the best interest of the child. If the
482	unmarried biological father or adoption entity whose consent is
483	required fails to properly file a verified response with the
484	court and, in the case of an unmarried biological father, a
485	claim of paternity form with the Office of Vital Statistics
486	within 30 days after service upon that unmarried biological
487	father or entity whose consent is required, the consent of that
488	unmarried biological father or entity shall not no longer be
489	required under this chapter and that party shall be deemed to
490	have irrevocably waived any claim of rights to the child. Each
491	notice of intended adoption plan served upon an unmarried
492	biological father must include instructions as to the procedure
493	the unmarried biological father must follow to submit a claim of
494	paternity form to the Office of Vital Statistics and the address
495	to which the registration must be directed.
496	(b)  If the birth mother identifies a man who she believes
497	is the unmarried biological father of her child, the adoption
498	entity may provide a notice of intended adoption plan pursuant
499	to paragraph (a). If the mother identifies a potential unmarried
500	biological father whose location is unknown, the adoption entity
501	that has been retained to terminate any parental rights that may
502	be asserted by the potential unmarried biological father must
503	therefore make a good faith effort to locate him shall conduct a
504	diligent search pursuant to s. 63.088. If, upon completion of a
505	diligent search, the potential unmarried biological father's
506	location remains unknown and a search of the Florida Putative
507	Father Registry fails to provide an address for him, reveal a
508	match, the adoption entity shall request in the petition for
509	termination of parental rights pending adoption that the court
510	declare the diligent search to be in compliance with s. 63.088
511	and to further declare that the adoption entity shall have no
512	further obligation to provide notice to the potential unmarried
513	biological father and that the potential unmarried biological
514	father's consent to the adoption shall not be required.
515	(4)  Any person whose consent is required under paragraph
516	(1)(b), or any other man, paragraphs (1)(c)-(e) may execute an
517	irrevocable affidavit of nonpaternity in lieu of a consent under
518	this section and by doing so waives notice to all court
519	proceedings after the date of execution. An affidavit of
520	nonpaternity must be executed as provided in s. 63.082. The
521	affidavit of nonpaternity may be executed prior to the birth of
522	the child. The person executing the affidavit must receive
523	disclosure under s. 63.085 prior to signing the affidavit.
524	(5)  A person who signs a consent to adoption or an
525	affidavit of nonpaternity must be given reasonable notice of his
526	or her right to select a person who does not have an employment,
527	professional, or personal relationship with the adoption entity
528	or the prospective adoptive parents to be present when the
529	consent to adoption or affidavit of nonpaternity is executed and
530	to sign the consent or affidavit as a witness.
531	(6)  The petitioner must make good faith and diligent
532	efforts as provided under s. 63.088 to notify, and obtain
533	written consent from, the persons required to consent to
534	adoption under this section.
535	(7)  If parental rights to the minor have previously been
536	terminated, the adoption entity with which the minor has been
537	placed for subsequent adoption may provide consent to the
538	adoption. In such case, no other consent is required. The
539	consent of the department shall be waived upon a determination
540	by the court that such consent is being unreasonably withheld,
541	provided that the petitioner has filed with the court a
542	favorable preliminary adoptive home study performed by a
543	licensed child-placing agency, a child-caring agency registered
544	under s. 409.176, or a licensed professional or agency described
545	in s. 61.20(2).
546	(8)  A petition to adopt an adult may be granted if:
547	(a)  Written consent to adoption has been executed by the
548	adult and the adult's spouse, if any.
549	(b)  Written notice of the final hearing on the adoption
550	has been provided to the parents, if any, or proof of service of
551	process has been filed, showing notice has been served on the
552	parents as provided in this chapter.
553	(9)  A petition for termination of parental rights shall be
554	filed in the appropriate county as determined under s.
555	63.087(2). If a the parent or parents whose consent is required
556	objects rights are to be terminated object to venue in the
557	county where the action was filed, the court may transfer venue
558	to a proper venue consistent with the provisions of this chapter
559	and the provisions of chapter 47 the action to the county where
560	the objecting parent or parents reside, unless the objecting
561	parent has previously executed a waiver of venue.
562	(10)  The waiver of venue must be a separate document
563	containing no consents, disclosures, or other information
564	unrelated to venue.
565	Section 8.  Subsection (3) of section 63.064, Florida
566	Statutes, is amended to read:
567	63.064  Persons whose consent to an adoption may be
568	waived.--The court may waive the consent of the following
569	individuals to an adoption:
570	(3)  A parent who has been judicially declared incompetent
571	and for whom restoration of competency is medically improbable
572	within a reasonable period of time. The court shall consider the
573	best interests of the child in making this determination.
574	Section 9.  Paragraph (c) of subsection (1) and subsections
575	(4), (5), (6), and (7) of section 63.082, Florida Statutes, are
576	amended to read:
577	63.082  Execution of consent to adoption or affidavit of
578	nonpaternity; family social and medical history; withdrawal of
579	consent.--
580	(1)
581	(c)  A consent or an affidavit of nonpaternity executed by
582	a minor parent who is 14 years of age or younger must be
583	witnessed by a parent, stepparent, legal or designated guardian,
584	or court-appointed guardian ad litem.
585	(4)(a)  An affidavit of nonpaternity may be executed before
586	the birth of the minor; however, the consent to an adoption
587	shall not be executed before the birth of the minor.
588	(b)  A consent to the adoption of a minor who is to be
589	placed for adoption shall not be executed by the birth mother
590	sooner than 48 hours after the minor's birth or the day the
591	birth mother has been notified in writing, either on her patient
592	chart or in release paperwork, that she is fit to be released
593	from the licensed hospital or birth center, whichever is
594	earlier. A consent by any man a biological father or legal
595	father may be executed at any time after the birth of the child.
596	A consent executed under this paragraph is valid upon execution
597	and may be withdrawn only if the court finds that it was
598	obtained by fraud or duress.
599	(c)  When the minor to be adopted is older than 6 months of
600	age at the time of the execution of the consent, the consent to
601	adoption is valid upon execution; however, it is subject to a 3-
602	day revocation period or may be revoked at any time prior to the
603	placement of the minor with the prospective adoptive parents,
604	whichever is later. If a consent has been executed, this
605	subsection may not be construed to provide a birth parent with
606	more than 3 days to revoke the consent once the child has been
607	placed with the prospective adoptive parents.
608	(d)  The consent to adoption or the affidavit of
609	nonpaternity must be signed in the presence of two witnesses and
610	be acknowledged before a notary public who is not signing as one
611	of the witnesses. The notary public must legibly note on the
612	consent or the affidavit the date and time of execution. The
613	witnesses' names must be typed or printed underneath their
614	signatures. The witnesses' home or business addresses must be
615	included. The person who signs the consent or the affidavit has
616	the right to have at least one of the witnesses be an individual
617	who does not have an employment, professional, or personal
618	relationship with the adoption entity or the prospective
619	adoptive parents. The adoption entity must give reasonable
620	notice to the person signing the consent or affidavit of the
621	right to select a witness of his or her own choosing. The person
622	who signs the consent or affidavit must acknowledge in writing
623	on the consent or affidavit that such notice was given and
624	indicate the witness, if any, who was selected by the person
625	signing the consent or affidavit. The adoption entity must
626	include its name, address, and telephone number on the consent
627	to adoption or affidavit of nonpaternity.
628	(e)  A consent to adoption being executed by the birth
629	parent must be in at least 12-point boldfaced type in
630	substantially the following form:
631
632	CONSENT TO ADOPTION
633
634	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO
635	DOES NOT HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL
636	RELATIONSHIP WITH THE ADOPTION ENTITY OR THE
637	PROSPECTIVE ADOPTIVE PARENTS TO BE PRESENT WHEN THIS
638	AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A WITNESS. YOU
639	MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED
640	OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
641	WITNESSES YOU SELECTED, IF ANY.
642
643	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO
644	ANY OF THE FOLLOWING INSTEAD OF SIGNING THIS CONSENT
645	OR BEFORE SIGNING THIS CONSENT:
646
647	1.  CONSULT WITH AN ATTORNEY;
648	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS
649	OTHERWISE LEGALLY PROHIBITED;
650	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY
651	FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO
652	CARE FOR THE CHILD;
653	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
654	PROHIBITED; AND
655	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT
656	ARE AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE
657	ADOPTION.
658
659	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL
660	RIGHTS TO YOUR CHILD. YOUR CONSENT IS VALID, BINDING,
661	AND IRREVOCABLE EXCEPT UNDER SPECIFIC LEGAL
662	CIRCUMSTANCES. IF YOU ARE GIVING UP YOUR RIGHTS TO A
663	NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED FOR
664	ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED
665	HOSPITAL OR BIRTH CENTER FOLLOWING BIRTH, A WAITING
666	PERIOD WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE
667	SHE MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH MOTHER
668	MUST WAIT 48 HOURS FROM THE TIME OF BIRTH, OR UNTIL
669	THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN WRITING,
670	EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
671	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR
672	BIRTH CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT
673	FOR ADOPTION MAY BE EXECUTED. ANY MAN A BIOLOGICAL
674	FATHER MAY EXECUTE A CONSENT AT ANY TIME AFTER THE
675	BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED THE CONSENT,
676	IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
677	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY
678	FRAUD OR DURESS.
679
680	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD
681	OR DURESS AND YOU WISH TO REVOKE THAT CONSENT, YOU
682	MUST:
683
684	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A
685	LETTER, THAT YOU WISH TO WITHDRAW YOUR CONSENT; AND
686	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED
687	BY FRAUD OR DURESS.
688
689	This statement of rights is not required for the adoption of a
690	relative, an adult, a stepchild, or a child older than 6 months
691	of age. A consent form for the adoption of a child older than 6
692	months of age at the time of execution of consent must contain a
693	statement outlining the revocation rights provided in paragraph
694	(c).
695	(5)  A copy or duplicate original of each consent signed
696	pursuant to this chapter in an action for termination of
697	parental rights pending adoption must be provided to the person
698	who executed the consent to adoption. The copy must be hand
699	delivered, with a written acknowledgment of receipt signed by
700	the person whose consent is required at the time of execution.
701	If a copy of a consent cannot be provided as required in this
702	subsection, the adoption entity must execute an affidavit
703	stating why the copy of the consent was not delivered. The
704	original consent and acknowledgment of receipt, or an affidavit
705	stating why the copy of the consent was not delivered, must be
706	filed with the petition for termination of parental rights
707	pending adoption.
708	(6)(a)  If a birth parent executes a consent for placement
709	of a minor with an adoption entity or qualified prospective
710	adoptive parents and the minor child is in the custody of the
711	department, but parental rights have not yet been terminated,
712	the adoption consent shall be valid, binding, and enforceable by
713	the court and shall be the basis for a transfer of custody
714	pursuant to the consent.
715	(b)  Upon execution of the consent of the birth parent, the
716	adoption entity shall be permitted to intervene in the
717	dependency case as a party in interest and shall provide the
718	court having jurisdiction over the minor pursuant to the shelter
719	or dependency petition filed by the department with a copy of
720	the preliminary home study of the prospective adoptive parents
721	and any other evidence of the suitability of the placement. The
722	preliminary home study shall be maintained with strictest
723	confidentiality within the dependency court file and the
724	department's file. A preliminary home study must be provided to
725	the court in all cases in which an adoption entity has
726	intervened pursuant to this section.
727	(c)  Upon a determination by the court that the prospective
728	adoptive parents have met the requirements of this chapter are
729	properly qualified to adopt the minor child and that the
730	adoption appears to be in the best interest of the minor child,
731	the court shall immediately order the transfer of custody of the
732	minor child to the prospective adoptive parents, under the
733	supervision of the adoption entity. Thereafter, the adoption
734	entity shall file a separate, independent termination of
735	parental rights proceeding or an adoption proceeding in an
736	appropriate venue in accordance with ss. 63.087 and 63.102, and
737	the court having jurisdiction over the minor in the dependency
738	action shall relinquish its jurisdiction to the court where the
739	adoption entity's proceeding is filed. The adoption entity shall
740	thereafter provide monthly supervision reports to the court, if
741	required, department until finalization of the adoption.
742	(d)  In determining whether the best interest of the child
743	will be served by transferring the custody of the minor child to
744	the prospective adoptive parent selected by the birth parent,
745	the court shall give consideration to the rights of the birth
746	parent to determine an appropriate placement for the child, the
747	permanency offered, the child's bonding with any potential
748	adoptive home that the child has been residing in, and the
749	importance of maintaining sibling relationships, if possible.
750	(7)(a)  A consent that is being withdrawn under paragraph
751	(4)(c) may be withdrawn at any time prior to the minor's
752	placement with the prospective adoptive parents or by notifying
753	the adoption entity in writing by certified United States mail,
754	return receipt requested, not later than 3 business days after
755	execution of the consent. As used in this subsection, the term
756	"business day" means any day on which the United States Postal
757	Service accepts certified mail for delivery.
758	(b)  Upon receiving timely written notice pursuant to
759	paragraph (a) from a person whose consent to adoption is
760	required of that person's desire to withdraw consent to
761	adoption, the adoption entity must contact the prospective
762	adoptive parent to arrange a time certain for the adoption
763	entity to regain physical custody of the minor, unless, upon a
764	motion for emergency hearing by the adoption entity, the court
765	determines in written findings that placement of the minor with
766	the person who had legal or physical custody of the child
767	immediately prior to placement of the child for adoption may not
768	be in the minor's best interest withdrawing consent may endanger
769	the minor, or that the person who desires to withdraw consent to
770	the adoption would not be required to consent to the adoption,
771	or that the person may be has been determined to have abandoned
772	the child or may otherwise be subject to the consent being
773	waived pursuant to this chapter.
774	(c)  If the court makes any of the findings specified in
775	paragraph (b) finds that such placement may endanger the minor,
776	the court must enter an order regarding continued placement of
777	the minor. The order shall direct continued placement with the
778	prospective adoptive parents pending further proceedings if they
779	desire such continued placement. If they do not desire continued
780	placement, the order shall include, but not be limited to,
781	whether temporary placement in foster care, with the person who
782	had legal or physical custody of the child immediately prior to
783	placement of the child for adoption, or with a relative, is in
784	the child's best interest and is appropriate, whether an
785	investigation by the department is recommended, and whether a
786	relative is available for the temporary placement.
787	(d)  If the person withdrawing a required consent claims to
788	be the father of the minor but has not been established to be
789	the father by marriage, court order, or scientific testing, the
790	court may order scientific paternity testing upon a showing that
791	said testing is in the minor's best interest and reserve ruling
792	on removal of the minor until the results of such testing have
793	been filed with the court.
794	(e)  The adoption entity must return the minor within 3
795	business days after timely and proper notification of the
796	withdrawal of consent or after the court determines that
797	withdrawal is valid and binding upon consideration of an
798	emergency motion, as filed pursuant to paragraph (b), to the
799	physical custody of the person withdrawing consent or the person
800	directed by the court. If the person seeking to validly withdraw
801	consent claims to be the father of the minor but has not been
802	established to be the father by marriage, court order, or
803	scientific testing, the adoption entity may return the minor to
804	the care and custody of the mother, if she desires such
805	placement, and the mother is not otherwise prohibited by law
806	from having custody of the child.
807	(e)(f)  Following the revocation period for withdrawal of
808	consent described in paragraph (a), or the placement of the
809	child with the prospective adoptive parents, whichever occurs
810	later, consent may be withdrawn only when the court finds that
811	the consent was obtained by fraud or duress.
812	(f)(g)  An affidavit of nonpaternity may be withdrawn only
813	if the court finds that the affidavit was obtained by fraud or
814	duress.
815	Section 10.  Section 63.085, Florida Statutes, is amended
816	to read:
817	63.085  Disclosure by adoption entity.--
818	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
819	ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
820	to adopt a minor or a person seeking to place a minor for
821	adoption contacts an adoption entity in person or provides the
822	adoption entity with a mailing address, the entity must provide
823	a written disclosure statement to that person if the entity
824	agrees or continues to work with such person. If an adoption
825	entity is assisting in the effort to terminate the parental
826	rights of a parent who did not initiate the contact with the
827	adoption entity, the written disclosure must be provided within
828	14 days after that parent is identified and located. For
829	purposes of providing the written disclosure, a person is
830	considered to be seeking to place a minor for adoption when that
831	person has sought information or advice from the adoption entity
832	regarding the option of adoptive placement. The written
833	disclosure statement must be in substantially the following
834	form:
835
836	ADOPTION DISCLOSURE
837
838	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE
839	PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A MINOR
840	OR SEEKING TO PLACE A MINOR FOR ADOPTION, TO ADVISE
841	THEM OF THE FOLLOWING FACTS REGARDING ADOPTION UNDER
842	FLORIDA LAW:
843
844	1.  The name, address, and telephone number of
845	the adoption entity providing this disclosure is:
846	Name:
847	Address:
848	Telephone Number:
849
850	2.  The adoption entity does not provide legal
851	representation or advice to birth parents, and birth
852	parents have the right to consult with an attorney of
853	their own choosing to advise them.
854	3.  With the exception of an adoption by a
855	stepparent or relative, a child cannot be placed into
856	a prospective adoptive home unless the prospective
857	adoptive parents have received a favorable preliminary
858	home study, including criminal and child abuse
859	clearances.
860	4.  A valid consent for adoption may not be
861	signed by the birth mother until 48 hours after the
862	birth of the child, or the day the birth mother is
863	notified, in writing, that she is fit for discharge
864	from the licensed hospital or birth center. Any man A
865	putative father may sign a valid consent for adoption
866	at any time after the birth of the child.
867	5.  A consent for adoption signed before the
868	child attains the age of 6 months is binding and
869	irrevocable from the moment it is signed unless it can
870	be proven in court that the consent was obtained by
871	fraud or duress. A consent for adoption signed after
872	the child attains the age of 6 months is valid from
873	the moment it is signed; however, it may be revoked
874	until the child is placed in an adoptive home, or up
875	to 3 business days after it was signed, whichever
876	period is longer.
877	6.  A consent for adoption is not valid if the
878	signature of the person who signed the consent was
879	obtained by fraud or duress.
880	7.  There are alternatives to adoption, including
881	foster care, relative care, and parenting the child.
882	There may be services and sources of financial
883	assistance in the community available to birth parents
884	if they choose to parent the child.
885	8.  A birth parent has the right to have a
886	witness of his or her choice, who is unconnected with
887	the adoption entity or the adoptive parents, to be
888	present and witness the signing of the consent or
889	affidavit of nonpaternity.
890	9.  A birth parent 14 years of age or younger
891	must have a parent, legal guardian, or court-appointed
892	guardian ad litem to assist and advise the birth
893	parent as to the adoption plan.
894	10.  A birth parent has a right to receive
895	supportive counseling from a counselor, social worker,
896	physician, clergy, or attorney, and such counseling
897	would be beneficial to the birth parent.
898	11.  The payment of living or medical expenses by
899	the prospective adoptive parents prior to the birth of
900	the child does not, in any way, obligate the birth
901	parent to sign the consent for adoption.
902
903	(2)  ACKNOWLEDGMENT OF DISCLOSURE.--The adoption entity
904	must obtain a written statement acknowledging receipt of the
905	disclosure required under subsection (1) and signed by the
906	persons receiving the disclosure or, if it is not possible to
907	obtain such an acknowledgment, the adoption entity must execute
908	an affidavit stating why an acknowledgment could not be
909	obtained. If the disclosure was delivered by certified United
910	States mail, return receipt requested, a return receipt signed
911	by the person from whom acknowledgment is required is sufficient
912	to meet the requirements of this subsection. A copy of the
913	acknowledgment of receipt of the disclosure must be provided to
914	the person signing it. A copy of the acknowledgment or affidavit
915	executed by the adoption entity in lieu of the acknowledgment
916	must be maintained in the file of the adoption entity. The
917	original acknowledgment or affidavit must be filed with the
918	court.
919	(3)  REVOCATION OF CONSENT.--Failure to meet the
920	requirements of subsection (1) or subsection (2) does not
921	constitute grounds for revocation of a consent to adoption or
922	withdrawal of an affidavit of nonpaternity unless the extent and
923	circumstances of such a failure result in a material failure of
924	fundamental fairness in the administration of due process, or
925	the failure constitutes or contributes materially to fraud or
926	duress in obtaining a consent to adoption or affidavit of
927	nonpaternity.
928	Section 11.  Section 63.087, Florida Statutes, is amended
929	to read:
930	63.087  Proceeding to terminate parental rights pending
931	adoption; general provisions.--
932	(1)  JURISDICTION.--A court of this state which is
933	competent to decide child welfare or custody matters has
934	jurisdiction to hear all matters arising from a proceeding to
935	terminate parental rights pending adoption. The minor's presence
936	within the state confers jurisdiction on the court in
937	proceedings under this chapter and over a parent or guardian if
938	due notice has been given.
939	(2)  VENUE.--
940	(a)  A petition to terminate parental rights pending
941	adoption must be filed:
942	1.  In the county where the child resides; or
943	2.  If the child does not reside in the State of Florida,
944	In the county where the adoption entity is located.;
945	3.  In the county where the adoption entity is located; or
946	4.  If neither parent resides in the state, in the county
947	where the adoption entity is located. The fact of the minor's
948	presence within the state confers jurisdiction on the court in
949	proceedings in the minor's case under this chapter, or to a
950	parent or guardian if due notice has been given.
951	(b)  If a petition for termination of parental rights has
952	been filed and a parent whose consent is required rights are to
953	be terminated objects to venue, there must be a hearing in which
954	the court shall determine whether that parent intends to assert
955	legally recognized grounds to contest a termination of parental
956	rights and, if so, the court may shall immediately transfer
957	venue to a proper venue pursuant to this section the county
958	where that parent resides or resided at the time of the
959	execution of the consent. For purposes of selecting venue, the
960	court shall consider the ease of access to the court for the
961	parents and factors set forth in s. 47.122 parent who intends to
962	contest a termination of parental rights.
963	(c)  If there is a transfer of venue, the court may
964	determine which party shall bear the cost of venue transfer.
965
966	For purposes of the hearing under this subsection, witnesses
967	located in another jurisdiction may testify by deposition or
968	testify by telephone, audiovisual means, or other electronic
969	means before a designated court or at another location.
970	Documentary evidence transmitted from another location by
971	technological means that do not produce an original writing may
972	not be excluded from evidence on an objection based on the means
973	of transmission. The court on its own motion may otherwise
974	prescribe the manner in which and the terms upon which the
975	testimony is taken.
976	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
977	may not be filed until after the date the court enters the
978	judgment terminating parental rights pending adoption under this
979	chapter or under chapter 39. Adoptions of relatives, adult
980	adoptions, or adoptions of stepchildren shall not be required to
981	file a separate termination of parental rights proceeding
982	pending adoption. In such cases, the petitioner may file a joint
983	petition for termination of parental rights and adoption
984	attaching all required consents, affidavits, notices, and
985	acknowledgments shall be attached to the petition for adoption
986	or filed separately in the adoption proceeding. All provisions
987	of this chapter apply to these joint petitions unless otherwise
988	excepted in this chapter.
989	(4)  PETITION.--
990	(a)  A proceeding seeking to terminate parental rights
991	pending adoption pursuant to this chapter must be initiated by
992	the filing of an original petition after the birth of the minor.
993	(b)  The petition may be filed by a parent or person having
994	physical or legal custody of the minor. The petition may be
995	filed by an adoption entity only if a parent or person having
996	physical or legal custody who has executed a consent to adoption
997	pursuant to s. 63.082 also consents in writing to the adoption
998	entity filing the petition. The original of such consent must be
999	filed with the petition.
1000	(c)  The petition must be entitled: "In the Matter of the
1001	Termination of Parental Rights for the Proposed Adoption of a
1002	Minor Child."
1003	(d)  The petition to terminate parental rights pending
1004	adoption must be in writing and signed by the petitioner under
1005	oath stating the petitioner's good faith in filing the petition.
1006	A written consent to adoption, affidavit of nonpaternity, or
1007	affidavit of diligent search under s. 63.088, for each person
1008	whose consent to adoption is required under s. 63.062, must be
1009	executed and attached.
1010	(e)  The petition must include:
1011	1.  The minor's name, gender, date of birth, and place of
1012	birth. The petition must contain all names by which the minor is
1013	or has been known, excluding the minor's prospective adoptive
1014	name but including the minor's legal name at the time of the
1015	filing of the petition. In the case of an infant child whose
1016	adoptive name appears on the original birth certificate, the
1017	adoptive name shall not be included in the petition, nor shall
1018	it be included elsewhere in the termination of parental rights
1019	proceeding, unless the proceedings are filed in accordance with
1020	s. 63.102(6).
1021	2.  All information required by the Uniform Child Custody
1022	Jurisdiction and Enforcement Act and the Indian Child Welfare
1023	Act, except the names and address of the adoptive parents.
1024	3.  A statement of the grounds under s. 63.089 upon which
1025	the petition is based.
1026	4.  The name, address, and telephone number of any adoption
1027	entity seeking to place the minor for adoption.
1028	5.  The name, address, and telephone number of the division
1029	of the circuit court in which the petition is to be filed.
1030	6.  A certification of compliance with the requirements of
1031	s. 63.0425 regarding notice to grandparents of an impending
1032	adoption.
1033	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1034	summons to be issued substantially in the form provided in Form
1035	1.902, Florida Rules of Civil Procedure. The summons and a copy
1036	of the petition and summons shall be served upon any person who
1037	executed a whose consent to adoption or affidavit of
1038	nonpaternity has been provided but who has not waived service of
1039	the pleadings and notice of the hearing thereon and also upon
1040	any person whose consent to adoption is required pursuant to s.
1041	63.062 but who has not provided that consent or an affidavit of
1042	nonpaternity.
1043	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1044	petition or any pleading requiring an answer shall be timely
1045	filed in accordance with the Florida Rules of Civil Procedure.
1046	Failure to timely file an answer shall constitute a written
1047	response or to appear at the hearing on the petition constitutes
1048	grounds upon which the court may terminate parental rights.
1049	Failure to appear at the hearing shall also constitute grounds
1050	upon which the court may terminate parental rights. The
1051	petitioner shall provide notice of the final hearing by United
1052	States mail to any person who has been served with the summons
1053	and petition for termination of parental rights within the
1054	specified time periods. Notwithstanding the filing of any answer
1055	or any pleading, Any person present at the hearing to terminate
1056	parental rights pending adoption whose consent to adoption is
1057	required under s. 63.062 may must:
1058	(a)  Be advised by the court that he or she has a right to
1059	ask that the hearing be reset for a later date so that the
1060	person may consult with an attorney.; and
1061	(b)  Be given an opportunity to admit or deny the
1062	allegations in the petition.
1063	Section 12.  Section 63.088, Florida Statutes, is amended
1064	to read:
1065	63.088  Proceeding to terminate parental rights pending
1066	adoption; notice and service; diligent search.--
1067	(1)  NOTICE REQUIRED.--An unmarried biological father, by
1068	virtue of the fact that he has engaged in a sexual relationship
1069	with a woman, is deemed to be on notice that a pregnancy and an
1070	adoption proceeding regarding that child may occur and that he
1071	has a duty to protect his own rights and interest. He is,
1072	therefore, entitled to notice of a birth or adoption proceeding
1073	with regard to that child only as provided in this chapter.
1074	(2)  LOCATION UNKNOWN; IDENTITY KNOWN INITIATE LOCATION
1075	PROCEDURES.--When the location of a person whose consent to an
1076	adoption is required is unknown but is not known, the adoption
1077	entity must begin the inquiry and diligent search process
1078	required by this section within a reasonable time period after
1079	the date on which the person seeking to place a minor for
1080	adoption has evidenced in writing to the adoption entity a
1081	desire to place the minor for adoption with that entity, or not
1082	later than 30 days after the date any money is provided as
1083	permitted under this chapter by the adoption entity for the
1084	benefit of the person seeking to place a minor for adoption.
1085	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1086	determine that a minor is available for adoption, and in
1087	addition to the other requirements set forth in this chapter,
1088	each person whose consent is required under s. 63.062, who has
1089	not executed a consent or an affidavit of nonpaternity, and
1090	whose location and identity have been determined by compliance
1091	with the procedures in this section must be personally served,
1092	pursuant to chapter 48, at least 20 days before the hearing with
1093	a summons and a copy of the petition to terminate parental
1094	rights pending adoption as provided in s. 63.087(5) and with
1095	notice in substantially the following form:
1096
1097	NOTICE OF PETITION AND HEARING
1098	TO TERMINATE PARENTAL RIGHTS
1099	PENDING ADOPTION
1100
1101	A petition to terminate parental rights pending
1102	adoption has been filed. A copy of the petition is
1103	being served with this notice. There will be a hearing
1104	on the petition to terminate parental rights pending
1105	adoption on   (date)   at   (time)   before   (judge)
1106	at   (location, including complete name and street
1107	address of the courthouse)  . The court has set aside
1108	(amount of time)   for this hearing.
1109
1110	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO
1111	TIMELY FILE AN ANSWER TO THE PETITION A WRITTEN
1112	RESPONSE TO THIS NOTICE WITH THE COURT AND OR TO
1113	APPEAR AT THIS HEARING CONSTITUTES GROUNDS UPON WHICH
1114	THE COURT SHALL END ANY PARENTAL RIGHTS YOU MAY HAVE
1115	OR ASSERT REGARDING THE MINOR CHILD.
1116
1117	(4)  REQUIRED INQUIRY.--In proceedings initiated under s.
1118	63.087, the court must conduct an inquiry of the person who is
1119	placing the minor for adoption and of any relative or person
1120	having legal custody of the minor who is present at the hearing
1121	and likely to have the following information regarding the
1122	identity of the father of the minor, if his parental rights have
1123	not been previously terminated, and if:
1124	(a)  The minor was conceived or born while the father was
1125	married to the mother;
1126	(b)  The minor is his child by adoption, prior to the
1127	filing of a petition for termination of parental rights;
1128	(c)  The minor has been established by court proceeding to
1129	be his child prior to the filing of a petition for termination
1130	of parental rights and has complied with the requirements of
1131	63.062(2);
1132	(d)  He has filed an affidavit of paternity pursuant to s.
1133	382.013(2)(c) prior to the filing of a petition for termination
1134	of parental rights and has complied with the requirements of s.
1135	63.062(2); or
1136	(e)  In the case of an unmarried biological father, he has
1137	acknowledged in writing, signed in the presence of a competent
1138	witness, that he is the father of the minor, has filed such
1139	acknowledgment with the Office of Vital Statistics of the
1140	Department of Health within the required timeframes, and has
1141	complied with the requirements of s. 63.062(2).
1142	(a)  Any person to whom the mother of the minor was married
1143	at any time when conception of the minor may have occurred or at
1144	the time of the birth of the minor;
1145	(b)  Any person who has been declared by a court to be the
1146	father of the minor;
1147	(c)  Any man who has adopted the minor;
1148	(d)  Any man with whom the mother was cohabiting at any
1149	time when conception of the minor may have occurred; and
1150	(e)  Any person who has acknowledged or claimed paternity
1151	of the minor.
1152
1153	The information required under this subsection may be provided
1154	to the court in the form of a sworn affidavit by a person having
1155	personal knowledge of the facts, addressing each inquiry
1156	enumerated in this subsection, except that, if the inquiry
1157	identifies a father under paragraph (a), paragraph (b), or
1158	paragraph (c), the inquiry shall not continue further. The
1159	inquiry required under this subsection may be conducted before
1160	the birth of the minor.
1161	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1162	the court under subsection (4) identifies any person whose
1163	consent to adoption is required under s. 63.062 and who has not
1164	executed a consent to adoption or an affidavit of nonpaternity,
1165	and the location of the person from whom consent is required is
1166	unknown, the adoption entity must conduct a diligent search for
1167	that person which must include inquiries concerning:
1168	(a)  The person's current address, or any previous address,
1169	through an inquiry of the United States Postal Service through
1170	the Freedom of Information Act;
1171	(b)  The last known employment of the person, including the
1172	name and address of the person's employer;
1173	(c)  Regulatory agencies, including those regulating
1174	licensing in the area where the person last resided;
1175	(d)  Names and addresses of relatives to the extent such
1176	can be reasonably obtained from the petitioner or other sources,
1177	contacts with those relatives, and inquiry as to the person's
1178	last known address. The petitioner shall pursue any leads of any
1179	addresses to which the person may have moved;
1180	(e)  Information as to whether or not the person may have
1181	died and, if so, the date and location;
1182	(f)  Telephone listings in the area where the person last
1183	resided;
1184	(g)  Inquiries of law enforcement agencies in the area
1185	where the person last resided;
1186	(h)  Highway patrol records in the state where the person
1187	last resided;
1188	(i)  Department of Corrections records in the state where
1189	the person last resided;
1190	(j)  Hospitals in the area where the person last resided;
1191	(k)  Records of utility companies, including water, sewer,
1192	cable television, and electric companies, in the area where the
1193	person last resided;
1194	(l)  Records of the Armed Forces of the United States as to
1195	whether there is any information as to the person;
1196	(m)  Records of the tax assessor and tax collector in the
1197	area where the person last resided; and
1198	(n)  Search of one Internet databank locator service.
1199
1200	Any person contacted by a petitioner or adoption entity who is
1201	requesting information pursuant to this subsection must release
1202	the requested information to the petitioner or adoption entity,
1203	except when prohibited by law, without the necessity of a
1204	subpoena or a court order. An affidavit of diligent search
1205	executed by the petitioner and the adoption entity must be filed
1206	with the court confirming completion of each aspect of the
1207	diligent search enumerated in this subsection and specifying the
1208	results. The diligent search required under this subsection may
1209	be conducted before the birth of the minor.
1210	(6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1211	if, as to any person whose consent is required under s. 63.062
1212	and who has not executed a consent to adoption or an affidavit
1213	of nonpaternity, the location of the person is unknown and the
1214	inquiry under subsection (4) fails to locate the person. The
1215	unlocated person must be served notice under subsection (3) by
1216	constructive service in the manner provided in chapter 49. The
1217	notice shall be published in the county where the person was
1218	last known to have resided. The notice, in addition to all
1219	information required under chapter 49, must include a physical
1220	description, including, but not limited to, age, race, hair and
1221	eye color, and approximate height and weight of the person, the
1222	minor's date of birth, and the place of birth of the minor.
1223	Constructive service by publication shall not be required to
1224	provide notice to any an identified or unidentified birth father
1225	whose consent is not required pursuant to ss. 63.062 and 63.064.
1226	Section 13.  Paragraph (b) of subsection (2), paragraphs
1227	(d) and (f) of subsection (3), subsections (4) and (5), and
1228	paragraph (c) of subsection (7) of section 63.089, Florida
1229	Statutes, are amended to read:
1230	63.089  Proceeding to terminate parental rights pending
1231	adoption; hearing; grounds; dismissal of petition; judgment.--
1232	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1233	only when:
1234	(b)  For each notice and petition that must be served under
1235	ss. 63.087 and 63.088:
1236	1.  At least 20 days have elapsed since the date of
1237	personal service of process and an affidavit of service has been
1238	filed with the court;
1239	2.  At least 30 days have elapsed since the first date of
1240	publication of constructive service and an affidavit of service
1241	has been filed with the court; or
1242	3.  An affidavit of nonpaternity, consent for adoption, or
1243	other document which affirmatively waives service has been
1244	executed and filed with the court;
1245	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1246	ADOPTION.--The court may enter a judgment terminating parental
1247	rights pending adoption if the court determines by clear and
1248	convincing evidence, supported by written findings of fact, that
1249	each person whose consent to adoption is required under s.
1250	63.062:
1251	(d)  Has been properly served notice of the proceeding in
1252	accordance with the requirements of this chapter and has failed
1253	to file a written answer and failed to or appear at the
1254	evidentiary hearing resulting in the judgment terminating
1255	parental rights pending adoption;
1256	(f)  Is a parent of the person to be adopted, which parent
1257	has been judicially declared incapacitated and for whom
1258	restoration of competency to a degree that would enable the
1259	parent to fulfill parental responsibilities by providing for the
1260	physical and emotional needs of the minor child is with
1261	restoration of competency found to be medically improbable
1262	within a reasonable period of time;
1263	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1264	resulting in a termination of parental rights must be based upon
1265	clear and convincing evidence that a parent or person having
1266	legal custody has abandoned the child in accordance with the
1267	definition contained in s. 63.032(1). A finding of abandonment
1268	may be based upon physical or emotional abuse or failure a
1269	refusal to provide reasonable financial support, when able, to a
1270	birth mother during her pregnancy. If, in the opinion of the
1271	court, the efforts of a parent or person having legal custody of
1272	the child to support and communicate with the child are only
1273	marginal efforts that do not evince a settled purpose to assume
1274	all parental duties, the court may declare the child to be
1275	abandoned. In making this decision, the court may consider the
1276	conduct of a father toward the child's mother during her
1277	pregnancy.
1278	(a)  In making a determination of abandonment at a hearing
1279	for termination of parental rights pursuant to this chapter, the
1280	court must consider, among other relevant factors not
1281	inconsistent with this section:
1282	1.  Whether the actions alleged to constitute abandonment
1283	demonstrate a willful disregard for the safety or welfare of the
1284	child or unborn child;
1285	2.  Whether the person alleged to have abandoned the child,
1286	while being able, failed to provide financial support;
1287	3.  Whether the person alleged to have abandoned the child,
1288	while being able, failed to pay for medical treatment; and
1289	4.  Whether the amount of support provided or medical
1290	expenses paid was appropriate, taking into consideration the
1291	needs of the child and relative means and resources available to
1292	the person alleged to have abandoned the child.
1293	(b)  The child has been abandoned when the parent of a
1294	child is incarcerated on or after October 1, 2001, in a state or
1295	federal correctional institution and:
1296	1.  The period of time for which the parent has been or is
1297	expected to be incarcerated will constitute a significant
1298	substantial portion of the child's minority period of time
1299	before the child will attain the age of 18 years;
1300	2.  The incarcerated parent has been determined by the
1301	court to be a violent career criminal as defined in s. 775.084,
1302	a habitual violent felony offender as defined in s. 775.084,
1303	convicted of child abuse as defined in s. 827.03, or a sexual
1304	predator as defined in s. 775.21; has been convicted of first
1305	degree or second degree murder in violation of s. 782.04 or a
1306	sexual battery that constitutes a capital, life, or first degree
1307	felony violation of s. 794.011; or has been convicted of an
1308	offense in another jurisdiction which is substantially similar
1309	to one of the offenses listed in this subparagraph. As used in
1310	this section, the term "substantially similar offense" means any
1311	offense that is substantially similar in elements and penalties
1312	to one of those listed in this subparagraph, and that is in
1313	violation of a law of any other jurisdiction, whether that of
1314	another state, the District of Columbia, the United States or
1315	any possession or territory thereof, or any foreign
1316	jurisdiction; or
1317	3.  The court determines by clear and convincing evidence
1318	that continuing the parental relationship with the incarcerated
1319	parent would be harmful to the child and, for this reason, that
1320	termination of the parental rights of the incarcerated parent is
1321	in the best interest of the child.
1322	(5)  DISMISSAL OF PETITION.--If the court does not find by
1323	clear and convincing evidence that parental rights of a parent
1324	should be terminated pending adoption, the court must dismiss
1325	the petition and that parent's parental rights that were the
1326	subject of such petition shall remain in full force under the
1327	law. The order must include written findings in support of the
1328	dismissal, including findings as to the criteria in subsection
1329	(4) if rejecting a claim of abandonment. Parental rights may not
1330	be terminated based upon a consent that the court finds has been
1331	timely withdrawn under s. 63.082 or a consent to adoption or
1332	affidavit of nonpaternity that the court finds was obtained by
1333	fraud or duress. The court must enter an order based upon
1334	written findings providing for the placement of the minor. The
1335	court may order scientific testing to determine the paternity of
1336	the minor at any time during which the court has jurisdiction
1337	over the minor, upon a showing that such testing is in the best
1338	interest of the child. Further proceedings, if any, regarding
1339	the minor must be brought in a separate custody action under
1340	chapter 61, a dependency action under chapter 39, or a paternity
1341	action under chapter 742.
1342	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1343	(c)  At the preliminary hearing, the court, upon the motion
1344	of any party or upon its own motion, may order scientific
1345	testing to determine the paternity of the minor if the person
1346	seeking to set aside the judgment is a person whose consent is
1347	required alleging to be the child's father and that fact has not
1348	previously been determined by legitimacy or scientific testing
1349	and if the testing is in the child's best interest. The court
1350	may order visitation with a person for whom scientific testing
1351	for paternity has been ordered and who has previously
1352	established a bonded relationship with the child.
1353	Section 14.  Subsections (1) and (3) of section 63.092,
1354	Florida Statutes, are amended to read:
1355	63.092  Report to the court of intended placement by an
1356	adoption entity; at-risk placement; preliminary study.--
1357	(1)  REPORT TO THE COURT.--The adoption entity must report
1358	any intended placement of a minor for adoption with any person
1359	who is not a relative or a stepparent if the adoption entity has
1360	knowledge of, or participates in, such intended placement. The
1361	report must be made to the court before the minor is placed in
1362	the home or within 48 hours thereafter. Failure to file the
1363	report of intended placement within the specified timeframe
1364	shall not constitute grounds to deny the petition for
1365	termination of parental rights or adoption if the report is
1366	subsequently filed and no party is prejudiced by the failure to
1367	file the report in a timely manner.
1368	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1369	the intended adoptive home, a preliminary home study must be
1370	performed by a licensed child-placing agency, a child-caring
1371	agency registered under s. 409.176, or a psychologist, clinical
1372	social worker, marriage and family therapist, or mental health
1373	counselor qualified and licensed to perform home studies in the
1374	state or country where the adoptive parents reside licensed
1375	professional, or agency described in s. 61.20(2), unless the
1376	adoptee is an adult or the petitioner is a stepparent or a
1377	relative. If the adoptee is an adult or the petitioner is a
1378	stepparent or a relative, a preliminary home study may be
1379	required by the court for good cause shown to assist in
1380	determining whether the adoption is in the best interest of the
1381	adoptee and is in accordance with state law. The department is
1382	required to perform the preliminary home study only if there is
1383	no licensed child-placing agency, child-caring agency registered
1384	under s. 409.176, licensed professional, or agency described in
1385	s. 61.20(2), in the county where the prospective adoptive
1386	parents reside. The preliminary home study must be made to
1387	determine the suitability of the intended adoptive parents and
1388	may be completed prior to identification of a prospective
1389	adoptive minor. A favorable preliminary home study is valid for
1390	1 year after the date of its completion. Upon its completion, a
1391	copy of the home study must be provided to the intended adoptive
1392	parents who were the subject of the home study. Unless prior
1393	court approval is obtained, a minor may not be placed in an
1394	intended adoptive home before a favorable preliminary home study
1395	is completed unless the adoptive home is also a licensed foster
1396	home under s. 409.175. The preliminary home study must include,
1397	at a minimum:
1398	(a)  An interview with the intended adoptive parents;
1399	(b)  Records checks of the department's central abuse
1400	registry and criminal records correspondence checks pursuant to
1401	s. 435.045 through the Department of Law Enforcement on the
1402	intended adoptive parents;
1403	(c)  An assessment of the physical environment of the home;
1404	(d)  A determination of the financial security of the
1405	intended adoptive parents;
1406	(e)  Documentation of counseling and education of the
1407	intended adoptive parents on adoptive parenting;
1408	(f)  Documentation that information on adoption and the
1409	adoption process has been provided to the intended adoptive
1410	parents;
1411	(g)  Documentation that information on support services
1412	available in the community has been provided to the intended
1413	adoptive parents; and
1414	(h)  A copy of each prospective adoptive parent's signed
1415	acknowledgment of receipt of disclosure required by s. 63.085.
1416
1417	If the preliminary home study is favorable, a minor may be
1418	placed in the home pending entry of the judgment of adoption. A
1419	minor may not be placed in the home if the preliminary home
1420	study is unfavorable. If the preliminary home study is
1421	unfavorable, the adoption entity may, within 20 days after
1422	receipt of a copy of the written recommendation, petition the
1423	court to determine the suitability of the intended adoptive
1424	home. A determination as to suitability under this subsection
1425	does not act as a presumption of suitability at the final
1426	hearing. In determining the suitability of the intended adoptive
1427	home, the court must consider the totality of the circumstances
1428	in the home. No minor may be placed in a home in which there
1429	resides any person determined by the court to be a sexual
1430	predator as defined in s. 775.21 or to have been convicted of an
1431	offense listed in s. 63.089(4)(b)2.
1432	Section 15.  Subsection (1), paragraphs (b) and (f) of
1433	subsection (2), paragraph (a) of subsection (3), and paragraph
1434	(c) of subsection (5) of section 63.097, Florida Statutes, are
1435	amended to read:
1436	63.097  Fees.--
1437	(1)  When the adoption entity is an agency, fees may be
1438	assessed if they are approved by the department within the
1439	process of licensing the agency. and if they are for:
1440	(a)  Foster care expenses;
1441	(b)  Preplacement and postplacement social services; and
1442	(c)  Agency facility and administrative costs.
1443	(2)  The following fees, costs, and expenses may be
1444	assessed by the adoption entity or paid by the adoption entity
1445	on behalf of the prospective adoptive parents:
1446	(b)  Reasonable and necessary medical expenses. Such
1447	expenses may be paid during the pregnancy and for a period of up
1448	to 6 weeks postpartum, unless otherwise approved by the court
1449	based on a finding of extraordinary circumstances.
1450	(f)  The following professional fees:
1451	1.  A reasonable hourly fee or flat fee necessary to
1452	provide legal representation to the adoptive parents, birth
1453	parents, or adoption entity in a proceeding filed under this
1454	chapter.
1455	2.  A reasonable hourly fee or flat fee for contact with
1456	the parent related to the adoption. In determining a reasonable
1457	hourly fee under this subparagraph, the court must consider if
1458	the tasks done were clerical or of such a nature that the matter
1459	could have been handled by support staff at a lesser rate than
1460	the rate for legal representation charged under subparagraph 1.
1461	Such tasks include, but need not be limited to, transportation,
1462	transmitting funds, arranging appointments, and securing
1463	accommodations.
1464	3.  A reasonable hourly fee for counseling services
1465	provided to a parent or a prospective adoptive parent by a
1466	psychologist licensed under chapter 490 or a clinical social
1467	worker, marriage and family therapist, or mental health
1468	counselor licensed under chapter 491, or a counselor who is
1469	employed by an adoption entity accredited by the Council on
1470	Accreditation of Services for Children and Families to provide
1471	pregnancy counseling and supportive services.
1472	(3)  Approval of the court is not required until the total
1473	of amounts permitted under subsection (2) exceeds:
1474	(a)  $5,000 in legal or other fees per law firm;
1475	(5)  The following fees, costs, and expenses are
1476	prohibited:
1477	(c)  Any fee on the affidavit which does not specify the
1478	service that was provided and for which the fee is being
1479	charged, such as a fee for facilitation, acquisition, or other
1480	similar service, an hourly fee, or a fee which does not identify
1481	the date the service was provided, the time required to provide
1482	the service, the person or entity providing the service, and the
1483	hourly fee charged.
1484	Section 16.  Subsections (1), (2), (3) and (5) of section
1485	63.102, Florida Statutes, are amended to read:
1486	63.102  Filing of petition for adoption or declaratory
1487	statement; venue; proceeding for approval of fees and costs.--
1488	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1489	not be filed until after the entry of the judgment or decree
1490	terminating parental rights pending adoption under this chapter,
1491	unless the adoptee is an adult or, the petitioner is a
1492	stepparent or a relative, or the minor has been the subject of a
1493	judgment terminating parental rights under chapter 39. After a
1494	judgment terminating parental rights has been entered, a
1495	proceeding for adoption may be commenced by filing a petition
1496	entitled, "In the Matter of the Adoption of _____" in the
1497	circuit court. The person to be adopted shall be designated in
1498	the caption in the name by which he or she is to be known if the
1499	petition is granted. At the request of any party, the Any name
1500	by which the minor was previously known may not be disclosed in
1501	the petition, the notice of hearing, or the judgment of adoption
1502	in accordance with s. 63.122(3), or the court docket in
1503	accordance with 63.162(3).
1504	(2)  VENUE.--A petition for adoption or for a declaratory
1505	statement as to the adoption contract may shall be filed in the
1506	county where the petition for termination of parental rights was
1507	granted, in unless the court, in accordance with s. 47.122,
1508	changes the venue to the county where the petitioner or
1509	petitioners or the minor resides, or in the county where the
1510	adoption entity with which the minor has been placed is located.
1511	The circuit court in this state may must retain jurisdiction
1512	over the matter until a final judgment is entered on the
1513	adoption. The Uniform Child Custody Jurisdiction and Enforcement
1514	Act does not apply until a final judgment is entered on the
1515	adoption.
1516	(3)  FILING OF ADOPTION PETITION REQUIRED.--Except in cases
1517	of placements by the department, unless leave of court is
1518	granted for good cause shown, a petition for adoption shall be
1519	filed not later than 60 days after entry of the final judgment
1520	terminating parental rights.
1521	(5)  PRIOR APPROVAL OF FEES AND COSTS.--A proceeding for
1522	prior approval of fees and costs may be commenced any time after
1523	an agreement is reached with between the birth mother or and the
1524	adoptive parents by filing a petition or motion for declaratory
1525	statement on the agreement entitled "In the Matter of the
1526	Proposed Adoption of a Minor Child" in the circuit court.
1527	(a)  The petition must be filed by the adoption entity with
1528	the consent of the parties to the agreement.
1529	(b)  A contract for the payment of fees, costs, and
1530	expenses permitted under this chapter must be in writing, and
1531	any person who enters into the contract has 3 business days in
1532	which to cancel the contract unless placement of the child has
1533	occurred. To cancel the contract, the person must notify the
1534	adoption entity in writing by certified United States mail,
1535	return receipt requested, no later than 3 business days after
1536	signing the contract. For the purposes of this subsection, the
1537	term "business day" means a day on which the United States
1538	Postal Service accepts certified mail for delivery. If the
1539	contract is canceled within the first 3 business days, the
1540	person who cancels the contract does not owe any legal,
1541	intermediary, or other fees, but may be responsible for the
1542	adoption entity's actual costs during that time.
1543	(c)  The court may grant approval only of fees and expenses
1544	permitted under s. 63.097. A prior approval of prospective fees
1545	and costs shall create a presumption that these items will
1546	subsequently be approved by the court under s. 63.132. The
1547	court, under s. 63.132, may order an adoption entity to refund
1548	any amounts paid under this subsection that are subsequently
1549	found by the court to be greater than fees, costs, and expenses
1550	actually incurred.
1551	(d)  The contract may not require, and the court may not
1552	approve, any amount that constitutes payment for locating a
1553	minor for adoption, excepted as permitted under s. 63.212(1)(f).
1554	(e)  A declaratory statement as to the adoption contract,
1555	regardless of when filed, shall be consolidated with any related
1556	petition for adoption. The clerk of the court shall only assess
1557	one filing fee that includes the adoption action, the
1558	declaratory statement petition, and the petition for termination
1559	of parental rights.
1560	(f)  Prior approval of fees and costs by the court does not
1561	obligate the parent to ultimately relinquish the minor for
1562	adoption.
1563	Section 17.  Paragraph (a) of subsection (2) of section
1564	63.112, Florida Statutes, is amended to read:
1565	63.112  Petition for adoption; description; report or
1566	recommendation, exceptions; mailing.--
1567	(2)  The following documents are required to be filed with
1568	the clerk of the court at the time the petition is filed:
1569	(a)  A certified copy of the court judgment terminating
1570	parental rights under chapter 39 or under this chapter or, if
1571	the adoptee is an adult or a minor relative or stepchild of the
1572	petitioner, the required consent, unless such consent is excused
1573	by the court.
1574	Section 18.  Subsection (3) of section 63.122, Florida
1575	Statutes, is amended to read:
1576	63.122  Notice of hearing on petition.--
1577	(3)  Upon a showing by the petitioner that the privacy,
1578	safety, or and welfare of the petitioner, parent, or minor may
1579	be endangered, the court may order the names, addresses, or
1580	other identifying information of the petitioner, parent, or
1581	minor, or all both, to be deleted from the notice of hearing and
1582	from the copy of the petition attached thereto, provided the
1583	substantive rights of any person will not thereby be affected.
1584	Section 19.  Subsection (4) of section 63.125, Florida
1585	Statutes, is amended to read:
1586	63.125  Final home investigation.--
1587	(4)  The department, the licensed child-placing agency, or
1588	the professional making the required investigation may request
1589	other state agencies, licensed professionals qualified to
1590	conduct home studies, or child-placing agencies within or
1591	outside this state to make investigations of designated parts of
1592	the inquiry and to make a written report to the department, the
1593	professional, or other person or agency.
1594	Section 20.  Subsections (1) and (4) of section 63.132,
1595	Florida Statutes, are amended to read:
1596	63.132  Affidavit of expenses and receipts.--
1597	(1)  Before the hearing on the petition for adoption, the
1598	prospective adoptive parent and any adoption entity must file
1599	two copies of an affidavit under this section.
1600	(a)  The affidavit must be signed by the adoption entity
1601	and the prospective adoptive parents. A copy of the affidavit
1602	must be provided to the adoptive parents at the time the
1603	affidavit is executed.
1604	(b)  The affidavit must itemizing itemize all disbursements
1605	and receipts of anything of value, including all professional
1606	and legal fees, made or agreed to be made by or on behalf of the
1607	prospective adoptive parent and any adoption entity in
1608	connection with the placement of adoption or in connection with
1609	any prior proceeding to terminate parental rights which involved
1610	the minor who is the subject of the petition for adoption. The
1611	affidavit must also include, for each legal or counseling fee
1612	itemized, the service provided for which the fee is being
1613	charged, the date the service was provided, the time required to
1614	provide the service if the service was charged by the hour, the
1615	person or entity that provided the service, and the hourly fee
1616	charged.
1617	(c)  The affidavit must show any expenses or receipts
1618	incurred in connection with:
1619	(a)1.  The birth of the minor.
1620	(b)2.  The placement of the minor with the petitioner.
1621	(c)3.  The medical or hospital care received by the mother
1622	or by the minor during the mother's prenatal care and
1623	confinement.
1624	(d)4.  The living expenses of the birth mother. The living
1625	expenses must be itemized in detail to apprise the court of the
1626	exact expenses incurred.
1627	(e)5.  The services relating to the adoption or to the
1628	placement of the minor for adoption that were received by or on
1629	behalf of the petitioner, the adoption entity, either parent,
1630	the minor, or any other person.
1631	(f)  All fees charged in connection with the placement of
1632	the minor.
1633
1634	The affidavit must state whether any of these expenses were paid
1635	for by collateral sources, including, but not limited to, health
1636	insurance, Medicaid, Medicare, or public assistance.
1637	(4)  This section does not apply to an adoption by a
1638	stepparent or an adoption of a relative or adult, the
1639	finalization of an adoption of a minor child whose parents'
1640	rights were terminated pursuant to chapter 39, or the
1641	domestication of an adoption decree of a minor child adopted in
1642	a foreign country.
1643	Section 21.  Section 63.135, Florida Statutes, is amended
1644	to read:
1645	63.135  Information under oath to be submitted to the
1646	court.--The adoption entity or petitioner must file a Uniform
1647	Child Custody Jurisdictional Enforcement Act (UCCJEA) affidavit
1648	in a termination of parental rights
1649	(1)  Each party in an adoption proceeding, in the first
1650	pleading or in an affidavit attached to that pleading., shall
1651	give information under oath as to the child's present address,
1652	the places where the child has lived within the last 5 years,
1653	and the names and present addresses of the persons with whom the
1654	child has lived during that period. In the pleading or affidavit
1655	each party shall further declare under oath whether:
1656	(a)  The party has participated as a party or witness or in
1657	any other capacity in any other litigation concerning the
1658	custody of the same child in this or any other state;
1659	(b)  The party has information of any custody proceeding
1660	concerning the child pending in a court of this or any other
1661	state; and
1662	(c)  The party knows of any person not a party to the
1663	proceedings who has physical custody of the child or claims to
1664	have custody or visitation rights with respect to the child.
1665	(2)  If the declaration as to any item specified in
1666	subsection (1) is in the affirmative, the declarant shall give
1667	additional information under oath as required by the court. The
1668	court may examine the parties under oath about details of the
1669	information furnished and other matters pertinent to the court's
1670	jurisdiction and judgment of adoption.
1671	(3)  Each party has a continuing duty to inform the court
1672	of any custody proceeding concerning the child in this or any
1673	other state about which he or she obtained information during
1674	this proceeding.
1675	Section 22.  Paragraph (a) of subsection (3) and subsection
1676	(4) of section 63.142, Florida Statutes, are amended to read:
1677	63.142  Hearing; judgment of adoption.--
1678	(3)  DISMISSAL.--
1679	(a)  If the petition is dismissed, further proceedings, if
1680	any, regarding the minor must be brought in a separate custody
1681	action under chapter 61, a dependency action under chapter 39,
1682	or a paternity action under chapter 742 the court shall
1683	determine the person that is to have custody of the minor.
1684	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1685	court determines that the date for a parent to file an appeal of
1686	a valid judgment terminating that parent's parental rights has
1687	passed and no appeal, pursuant to the Florida Rules of Appellate
1688	Procedure, is pending and that the adoption is in the best
1689	interest of the person to be adopted, a judgment of adoption
1690	shall be entered. A judgment terminating parental rights pending
1691	adoption is voidable and any later judgment of adoption of that
1692	minor is voidable if, upon a parent's motion for relief from
1693	judgment, the court finds that the adoption fails to
1694	substantially meet the requirements of this chapter. The motion
1695	must be filed within a reasonable time, but not later than 1
1696	year after the date the judgment terminating parental rights was
1697	entered.
1698	Section 23.  Section 63.152, Florida Statutes, is amended
1699	to read:
1700	63.152  Application for new birth record.--Within 30 days
1701	after entry of a judgment of adoption, the clerk of the court
1702	shall transmit a certified statement of the entry to the state
1703	registrar of vital statistics in the state where the adoptee was
1704	born on a form provided by the registrar of this state. A new
1705	birth record containing the necessary information supplied by
1706	the certificate shall be issued by the registrar on application
1707	of the adopting parents or the adopted person.
1708	Section 24.  Subsection (3), paragraph (a) of subsection
1709	(4), and subsection (7) of section 63.162, Florida Statutes, are
1710	amended, and subsection (8) is added to said section, to read:
1711	63.162  Hearings and records in adoption proceedings;
1712	confidential nature.--
1713	(3)  The court files, records, and papers in the adoption
1714	of a minor shall be indexed only in the names name of the
1715	petitioners petitioner, and the names name of the petitioners
1716	and minors minor shall not be noted on any docket, index, or
1717	other record outside the court file, except that closed agency
1718	files may be cross-referenced in the original and adoptive names
1719	of the minor. The index shall not be subject to the public
1720	records law nor subject to public inspection.
1721	(4)  A person may not disclose from the records the name
1722	and identity of a birth parent, an adoptive parent, or an
1723	adoptee unless:
1724	(a)  The birth parent authorizes in writing the release of
1725	his or her name and files the release with the adoption entity,
1726	an adoption reunion registry, the department, or the court;
1727	(6)  Subject to the provisions of subsection (4),
1728	identifying information regarding the birth parents, adoptive
1729	parents, and adoptee may not be disclosed unless a birth parent,
1730	adoptive parent, or adoptee has authorized in writing the
1731	release of such information concerning himself or herself.
1732	Specific names or identifying information must not be given in a
1733	family medical history. All nonidentifying information,
1734	including the family medical history and social history of the
1735	adoptee and the birth parents, when available, must be furnished
1736	to the adoptive parents before the adoption becomes final and to
1737	the adoptee, upon the adoptee's request, after he or she reaches
1738	majority. Upon the request of the adoptive parents, all
1739	nonidentifying information obtained before or after the adoption
1740	has become final must be furnished to the adoptive parents.
1741	(7)  The court may, upon petition of an adult adoptee, for
1742	good cause shown, appoint an intermediary or a licensed child-
1743	placing agency to contact a birth parent who has not registered
1744	with the adoption registry pursuant to s. 63.165 and advise them
1745	of the adoptee's request to open the file and the adoption
1746	registry and offer them the opportunity to waive their
1747	confidentiality and consent to the opening of their records
1748	availability of same.
1749	(8)  As a result of any proceeding under s. 382.015, this
1750	section, or any other proceeding to unseal an original birth
1751	certificate, the Office of Vital Statistics is authorized to
1752	release an original sealed birth certificate only to the
1753	department. Within 10 days after the department's receipt of an
1754	order or other documentation authorizing unsealing of the
1755	original birth certificate, the department shall make a written
1756	request for the birth certificate from the Office of Vital
1757	Statistics. Upon receipt of the department's request, the Office
1758	of Vital Statistics shall release the original sealed birth
1759	certificate to the department in such a manner as to ensure
1760	confidentiality.
1761	Section 25.  Paragraph (c) of subsection (1) of section
1762	63.172, Florida Statutes, is amended to read:
1763	63.172  Effect of judgment of adoption.--
1764	(1)  A judgment of adoption, whether entered by a court of
1765	this state, another state, or of any other place, has the
1766	following effect:
1767	(c)  Except for rights of inheritance, It creates the
1768	relationship between the adopted person and the petitioner and
1769	all relatives of the petitioner that would have existed if the
1770	adopted person were a blood descendant of the petitioner born
1771	within wedlock. This relationship shall be created for all
1772	purposes, including the rights of inheritance and applicability
1773	of statutes, documents, and instruments, whether executed before
1774	or after entry of the adoption judgment, that do not expressly
1775	exclude an adopted person from their operation or effect.
1776	Section 26.  Section 63.192, Florida Statutes, is amended
1777	to read:
1778	63.192  Recognition of foreign judgment or decree affecting
1779	adoption.--A judgment or decree granting legal guardianship for
1780	purposes of adoption or of court terminating the relationship of
1781	parents parent and child or establishing the relationship by
1782	adoption issued pursuant to due process of law by a court or an
1783	authorized body of any other jurisdiction within or without the
1784	United States shall be recognized in this state, and the rights
1785	and obligations of the parties on matters within the
1786	jurisdiction of this state shall be determined as though the
1787	judgment or decree were issued by a court of this state. A
1788	judgment or decree of court or authorized body terminating the
1789	relationship of a parent and child, whether independent,
1790	incorporated in an adoption decree, or incorporated in a legal
1791	guardianship order issued pursuant to due process of law of any
1792	other jurisdiction within or without the United States, shall be
1793	deemed to effectively terminate parental rights for purposes of
1794	a proceeding on a petition for adoption in this state. When a
1795	minor child has been made available for adoption in a foreign
1796	state or foreign country and the parental rights of the minor
1797	child's parents have been terminated or the child has been
1798	declared to be abandoned or orphaned, no additional termination
1799	of parental rights proceeding need occur and the adoption may be
1800	finalized according to the procedures set forth in this section.
1801	Section 27.  Paragraph (b) of subsection (1) and subsection
1802	(3) of section 63.207, Florida Statutes, are amended to read:
1803	63.207  Out-of-state placement.--
1804	(1)  Unless the parent placing a minor for adoption files
1805	an affidavit that the parent chooses to place the minor outside
1806	the state, giving the reason for that placement, or the minor is
1807	to be placed with a relative or with a stepparent, or the minor
1808	is a special needs child, as defined in s. 409.166, or for other
1809	good cause shown, an adoption entity may not:
1810	(b)  Place or attempt to place a minor for the purpose of
1811	adoption with a family who primarily lives and works outside
1812	Florida in another state. If an adoption entity is acting under
1813	this subsection, the adoption entity must file a petition for
1814	declaratory statement pursuant to s. 63.102 for prior approval
1815	of fees and costs. The court shall review the costs pursuant to
1816	s. 63.097. The petition for declaratory statement may must be
1817	consolidated with converted to a petition for an adoption upon
1818	placement of the minor in the home. When a minor is placed for
1819	adoption with prospective adoptive parents who primarily live
1820	and work outside this state, the circuit court in this state may
1821	retain jurisdiction over the matter until the adoption becomes
1822	final. The prospective adoptive parents may finalize the
1823	adoption in this state or their home state.
1824	(3)  When applicable, the Interstate Compact on the
1825	Placement of Children authorized in s. 409.401 shall be used in
1826	placing children outside the state for adoption, unless excused
1827	by the court for good cause shown.
1828	Section 28.  Subsection (1), paragraph (c) of subsection
1829	(2), and subsection (7) of section 63.212, Florida Statutes, are
1830	amended to read:
1831	63.212  Prohibited acts; penalties for violation.--
1832	(1)  It is unlawful for any person:
1833	(a)  To place or attempt to place a minor for adoption with
1834	a person who primarily lives and works outside this state unless
1835	all of the requirements of the Interstate Compact for the
1836	Placement of Children, when applicable, have been met, unless
1837	excused by the court for good cause shown.
1838	(b)  Except an adoption entity, to place or attempt to
1839	place within the state a minor for adoption unless the minor is
1840	placed with a relative or with a stepparent. This prohibition,
1841	however, does not apply to a person who is placing or attempting
1842	to place a minor for the purpose of adoption with the adoption
1843	entity or the prospective adoptive parents.
1844	(c)  To sell or surrender, or to arrange for the sale or
1845	surrender of, a minor to another person for money or anything of
1846	value or to receive such minor child for such payment or thing
1847	of value. If a minor is being adopted by a relative or by a
1848	stepparent, or is being adopted through an adoption entity, this
1849	paragraph does not prohibit the person who is contemplating
1850	adopting the child from paying, under ss. 63.097 and 63.132, the
1851	actual prenatal care and living expenses of the mother of the
1852	child to be adopted, or from paying, under ss. 63.097 and
1853	63.132, the actual living and medical expenses of such mother
1854	for a reasonable time, not to exceed 6 weeks, if medical needs
1855	require such support, after the birth of the minor.
1856	(d)  Having the rights and duties of a parent with respect
1857	to the care and custody of a minor to assign or transfer such
1858	parental rights for the purpose of, incidental to, or otherwise
1859	connected with, selling or offering to sell such rights and
1860	duties.
1861	(e)  To assist in the commission of any act prohibited in
1862	paragraphs (a)-(d). In the case of a stepparent adoption, this
1863	paragraph does not preclude the forgiveness of vested child
1864	support arrearages owed by a parent.
1865	(f)  Except an adoption entity, to charge or accept any fee
1866	or compensation of any nature from anyone for making a referral
1867	in connection with an adoption or providing adoption,
1868	facilitating, matching, or placement services.
1869	(g)  Except an adoption entity, to advertise or offer to
1870	the public, in any way, by any medium whatever that a minor is
1871	available for adoption or that a minor is sought for adoption;
1872	and, further, it is unlawful for any person to publish or
1873	broadcast any such advertisement without including a Florida
1874	license number of the agency or attorney placing the
1875	advertisement.
1876	(h)  To contract for the purchase, sale, or transfer of
1877	custody or parental rights in connection with any child, in
1878	connection with any fetus yet unborn, or in connection with any
1879	fetus identified in any way but not yet conceived, in return for
1880	any valuable consideration. Any such contract is void and
1881	unenforceable as against the public policy of this state.
1882	However, fees, costs, and other incidental payments made in
1883	accordance with statutory provisions for adoption, foster care,
1884	and child welfare are permitted, and a person may agree to pay
1885	expenses in connection with a preplanned adoption agreement as
1886	specified below, but the payment of such expenses may not be
1887	conditioned upon the transfer of parental rights. Each petition
1888	for adoption which is filed in connection with a preplanned
1889	adoption agreement must clearly identify the adoption as a
1890	preplanned adoption arrangement and must include a copy of the
1891	preplanned adoption agreement for review by the court.
1892	(2)
1893	(c)  It is unlawful for any person who knows that the
1894	parent whose rights are to be terminated intends to object to
1895	said termination to intentionally file the petition for
1896	termination of parental rights in a county inconsistent with the
1897	required venue under such circumstances.
1898
1899	Any person who willfully violates any provision of this
1900	subsection commits a misdemeanor of the second degree,
1901	punishable as provided in s. 775.082 or s. 775.083. In addition,
1902	such person is liable for damages caused by such acts or
1903	omissions, including reasonable attorney's fees and costs.
1904	Damages may be awarded through restitution in any related
1905	criminal prosecution or by filing a separate civil action.
1906	(7)  It is unlawful for any adoptive parent or adoption
1907	entity to obtain a preliminary home study or final home
1908	investigation and fail to disclose the existence of the study or
1909	investigation to the court when required by law to do so.
1910	Section 29.  Subsection (4) and paragraph (c) of subsection
1911	(6) of section 63.213, Florida Statutes, are amended to read:
1912	63.213  Preplanned adoption agreement.--
1913	(4)  An attorney who represents an intended father and
1914	intended mother or any other attorney with whom that attorney is
1915	associated shall not represent simultaneously a female who is or
1916	proposes to be a volunteer mother in the same any matter
1917	relating to a preplanned adoption agreement or preplanned
1918	adoption arrangement.
1919	(6)  As used in this section, the term:
1920	(c)  "Fertility technique" means artificial embryonation,
1921	artificial insemination, whether in vivo or in vitro, egg
1922	donation, or embryo adoption.
1923	Section 30.  Section 63.235, Florida Statutes, is amended
1924	to read:
1925	63.235  Petitions filed before effective date; governing
1926	law.--Any petition for termination of parental rights adoption
1927	filed before the effective date of this act shall be governed by
1928	the law in effect at the time the petition was filed.
1929	Section 31.  This act shall take effect upon becoming law.

CODING: Words stricken are deletions; words underlined are additions.