HB 1299

CS

CHAMBER ACTION

1	The Future of Florida's Families Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to adoption; amending s. 63.022, F.S.;
8	providing legislative intent; amending s. 63.032, F.S.;
9	redefining terms and defining the term "primarily lives
10	and works in Florida"; amending s. 63.039, F.S.; requiring
11	an adoption entity to diligently search for a person whose
12	consent is required for the adoption; amending s. 63.0423,
13	F.S.; providing that a judgment of adoption is voidable
14	under certain circumstances if a court finds that a person
15	whose consent is required gave false information; amending
16	s. 63.052, F.S.; providing that a court in this state
17	retains jurisdiction until the adoption is finalized in
18	this state or in another state; amending s. 63.053, F.S.;
19	providing that if an unmarried biological father fails to
20	take the actions that are available to him to establish a
21	relationship with his child, his parental interest may be
22	lost entirely; amending s. 63.054, F.S.; providing that if
23	a putative father fails to report a change of address to
24	the Florida Putative Father Registry, the failure is not a
25	valid defense based upon lack of notice and the adoption
26	entity or adoption petitioner is not obligated to search
27	further for the registrant; providing that if a father who
28	is required to consent to an adoption does not know the
29	county in which the birth mother resides, gave birth, or
30	intends to give birth, he may initiate an action in any
31	county in the state; amending s. 63.062, F.S.; specifying
32	who is required to consent to an adoption; providing that
33	an adoption agency may file a notice of an intended
34	adoption plan at any time before the birth of the child or
35	before placing the child in the adoptive home; requiring
36	an adoption entity to make a good faith effort to locate
37	the putative father; providing when an adoption entity has
38	no further obligation to search for the putative father;
39	providing for the proper venue to file a petition to
40	terminate parental rights; amending s. 63.064, F.S.;
41	providing that a court may waive consent for an adoption
42	if the person from whom consent is required has been
43	judicially declared incompetent and for whom restoration
44	is improbable within a reasonable period of time, taking
45	into consideration the best interests of the child;
46	amending s. 63.082, F.S.; providing that consent for a
47	minor parent who is 14 years of age or younger may be
48	witnessed by a stepparent or designated guardian; limiting
49	revocation of a consent to adopt to 3 days if the child is
50	older than 6 months of age; authorizing a court to
51	transfer a child to the prospective adoptive parents under
52	certain circumstances; requiring the adoption entity to
53	file a petition for adoption or termination of parental
54	rights after the transfer of the child; providing
55	procedures to follow if a person whose consent is required
56	withdraws consent; amending s. 63.085, F.S.; revising
57	provision relating to who may sign a valid consent for
58	adoption; amending s. 63.087, F.S.; providing procedures
59	to terminate parental rights pending an adoption;
60	providing jurisdiction of the court; providing the proper
61	venue in which to file a petition to terminate parental
62	rights; requiring a person to answer the petition and to
63	appear at the hearing for termination of parental rights;
64	amending s. 63.088, F.S.; requiring the court to conduct
65	an inquiry concerning the father of the child who is to be
66	adopted; revising requirements for notice concerning the
67	termination of parental rights; revising the individuals
68	for whom information regarding identity is required;
69	requiring persons contacted by a petitioner or adoption
70	entity to release certain information; amending s. 63.089,
71	F.S.; providing grounds to terminate parental rights;
72	providing that a court may terminate the parental rights
73	of a person who has been judicially declared incompetent
74	and is not likely to fulfill his or her parental
75	responsibilities; revising conditions for making a finding
76	of abandonment; authorizing the court to order testing to
77	determine paternity, under certain circumstances; amending
78	s. 63.092, F.S.; providing that if an adoption entity
79	fails to file the report of its intended placement within
80	the specified time period the failure does not constitute
81	grounds to deny the petition for termination of parental
82	rights or adoption under certain circumstances;
83	identifying additional individuals who may perform a home
84	study; providing an exception if the person to be adopted
85	is an adult; amending s. 63.097, F.S.; revising the fees,
86	costs, and expenses assessed by an adoption entity;
87	amending s. 63.102, F.S.; revising procedures for the
88	filing of a petition for adoption; providing the proper
89	venue where the petition may be filed; providing for an
90	approval of fees; amending s. 63.112, F.S.; revising
91	language requiring that a certified copy of a judgment
92	terminating parental rights be filed at the same time the
93	petition is filed; amending s. 63.122, F.S.; providing
94	that certain information may be removed from the petition;
95	deleting a provision authorizing an investigation relating
96	to a petition to adopt an adult; amending s. 63.125, F.S.;
97	providing certain licensed professionals may conduct the
98	final home investigation; amending s. 63.132, F.S.;
99	requiring the adoptive parent and the adoption entity to
100	file an affidavit itemizing all expenses and receipts;
101	detailing the expenses and receipts that must be in the
102	affidavit; providing an exception; amending s. 63.135,
103	F.S.; requiring the adoption entity or petitioner to file
104	an affidavit under the Uniform Child Custody
105	Jurisdictional and Enforcement Act; revising information
106	required to be submitted under oath to the court; amending
107	s. 63.142, F.S.; requiring that if an adoption petition is
108	dismissed, any further proceedings regarding the minor be
109	brought in a separate custody action under ch. 61, F.S., a
110	dependency action under ch. 39, F.S., or a paternity
111	action under ch. 742, F.S.; amending s. 63.152, F.S.;
112	requiring the clerk of court to transmit a certified
113	statement of the adoption to the state where the child was
114	born; amending s. 63.162, F.S.; clarifying that the court
115	index of adoption files is not a public record and not
116	open to public inspection; authorizing the birth parent to
117	release his or her name under certain circumstances;
118	authorizes a court to permit certain entities to contact a
119	birth parent to advise him or her of the adoptee's request
120	to open the file or the adoption registry and provide the
121	opportunity to waive confidentiality and consent to the
122	opening of records; providing requirements for release of
123	an original sealed birth certificate; amending s. 63.192,
124	F.S.; requiring the courts of this state to recognize
125	decrees of termination of parental rights and adoptions
126	from other states and countries; amending s. 63.207, F.S.;
127	requiring that the interstate compact on adoption be used
128	for out-of-state placements for adoption unless excused by
129	a court for good cause; amending s. 63.212, F.S.; revising
130	acts that are unlawful pertaining to adoptions; providing
131	penalties; amending s. 63.213, F.S.; prohibiting an
132	attorney from representing the volunteer mother and the
133	intended mother in a preplanned adoption arrangement;
134	creating s. 63.236, F.S.; providing that any petition for
135	termination of parental rights filed before the effective
136	date of the act is governed by the law in effect at the
137	time the petition was filed; amending s. 409.166, F.S.;
138	redefining the term "special needs child" to remove
139	children of racially mixed parentage; providing for
140	participation by adoptive intermediaries in the adoption
141	program for special needs children administered by the
142	Department of Children and Family Services; amending s.
143	409.176, F.S.; providing that licensing provisions do not
144	apply to certain licensed child-placing agencies; amending
145	s. 742.14, F.S.; providing that the donor of an embryo
146	relinquishes all parental rights and obligations to the
147	embryo or the resulting children at the time of the
148	donation; amending s. 742.15, F.S.; authorizing a
149	physician in a state outside this state to advise a
150	commissioning couple concerning a gestational surrogate;
151	creating s. 742.18, F.S; prohibiting a person or entity,
152	except a licensed physician, fertility clinic, or
153	attorney, from doing certain specified acts; prohibiting a
154	person other than a licensed physician, fertility clinic,
155	or attorney from accepting a fee for finding, screening,
156	matching, or facilitating a donor or gestational carrier
157	arrangement; providing that if a person willfully violates
158	the section he or she commits a misdemeanor of the second
159	degree; providing criminal penalties; providing that if a
160	person violates the section he or she is liable for
161	damages caused by his or her acts or omissions and for
162	reasonable attorney's fees and costs; reenacting ss.
163	39.01(49), 984.03(39), and 985.03(40), F.S., relating to
164	the definition of a parent, to incorporate the amendment
165	made to s. 63.062, F.S., in references thereto; providing
166	an effective date.
167
168	Be It Enacted by the Legislature of the State of Florida:
169
170	Section 1.  Paragraph (e) of subsection (4) and subsection
171	(5) of section 63.022, Florida Statutes, are amended to read:
172	63.022  Legislative intent.--
173	(4)  The basic safeguards intended to be provided by this
174	chapter are that:
175	(e)  A sufficient period of time elapses during which the
176	minor has lived within the proposed adoptive home under the
177	guidance of an adoption entity, except stepparent adoptions or
178	relative adoptions of a relative.
179	(5)  It is the intent of the Legislature to provide for
180	cooperation between private adoption entities and the Department
181	of Children and Family Services in matters relating to permanent
182	placement options for children in the care of the department
183	whose parent or legal custodian wishes birth parents wish to
184	participate in a private adoption plan with a qualified family.
185	Section 2.  Section 63.032, Florida Statutes, is amended to
186	read:
187	63.032  Definitions.--As used in this chapter, the term:
188	(1)  "Abandoned" means a situation in which the parent or
189	person having legal custody of a child, while being able, makes
190	minimal or no provision for the child's support or and makes
191	minimal little or no effort to communicate with the child, which
192	situation is sufficient to evince an intent to reject parental
193	responsibilities. If, in the opinion of the court, the efforts
194	of the such parent or person having legal custody of the child
195	to support and communicate with the child are only marginal
196	efforts that do not evince a settled purpose to assume all
197	parental duties, the court may declare the child to be
198	abandoned. In making this decision, the court may consider the
199	conduct of a father towards the child's mother during her
200	pregnancy.
201	(2)  "Adoption" means the act of creating the legal
202	relationship between parent and child where it did not exist,
203	thereby declaring the child to be legally the child of the
204	adoptive parents and their heir at law and entitled to all the
205	rights and privileges and subject to all the obligations of a
206	child born to the such adoptive parents in lawful wedlock.
207	(3)  "Adoption entity" means the department, an agency, a
208	child-caring agency registered under s. 409.176, an
209	intermediary, an attorney licensed in another state, or a child-
210	placing agency licensed in another state which is placing a
211	child from another state into this state qualified by the
212	department to place children in the State of Florida.
213	(4)  "Adoption plan" means an arrangement made by a birth
214	parent or other individual having a legal right to custody of a
215	minor child, born or to be born, with an adoption entity in
216	furtherance of placing the minor child for adoption.
217	(5)(4)  "Adult" means a person who is not a minor.
218	(6)(5)  "Agency" means any child-placing agency licensed by
219	the department under pursuant to s. 63.202 to place minors for
220	adoption.
221	(7)(6)  "Child" means a son or daughter, whether by birth
222	or adoption.
223	(8)(7)  "Court" means any circuit court of this state and,
224	when the context requires, the court of any state that is
225	empowered to grant petitions for adoption.
226	(9)(8)  "Department" means the Department of Children and
227	Family Services.
228	(10)(9)  "Intermediary" means an attorney who is licensed
229	or authorized to practice in this state and who is placing or
230	intends to place a child for adoption, including placing
231	children born in another state with citizens of this state or
232	country or placing children born in this state with citizens of
233	another state or country.
234	(11)(10)  "Legal custody" means a legal status created by
235	court order or letter of guardianship which vests in a custodian
236	of the child or guardian, whether an agency or an individual,
237	the right to have physical custody of the child and the right
238	and duty to protect, train, and discipline the child and to
239	provide him or her with food, shelter, education, and ordinary
240	medical, dental, psychiatric, and psychological care. The legal
241	custodian is the person or entity in whom the legal right to
242	custody is vested has the meaning ascribed in s. 39.01.
243	(12)(11)  "Minor" means a person under the age of 18 years.
244	(13)(12)  "Parent" means a woman who gives birth to a child
245	and a man whose consent to the adoption of the child would be
246	required under s. 63.062. If a child has been legally adopted,
247	the term "parent" means the adoptive mother or father of the
248	child. The terms "parent," "mother," and "father" do not include
249	an individual whose parental relationship to the child has been
250	legally terminated has the same meaning ascribed in s. 39.01.
251	(14)(13)  "Person" has the same meaning as in s. 1.01
252	includes a natural person, corporation, government or
253	governmental subdivision or agency, business trust, estate,
254	trust, partnership, or association, and any other legal entity.
255	(15)(14)  "Relative" means a person related by blood or
256	affinity to the person being adopted within the third degree of
257	consanguinity.
258	(16)(15)  "To place" or "placement" means the process of a
259	parent or legal guardian surrendering a child for adoption and
260	the prospective adoptive parents receiving and adopting the
261	child, and includes all actions by any person or adoption entity
262	participating in the process.
263	(17)  "Primarily lives and works in Florida" means a person
264	who lives and works in this state at least 6 months and 1 day of
265	the year, military personnel who designate Florida as their
266	place of residence in accordance with the Servicemembers Civil
267	Relief Act, Pub. L. No. 108-189, or citizens of the United
268	States living in a foreign country who designate Florida as
269	their place of residence.
270	(16)  "Placement" means the process of a parent or legal
271	guardian surrendering a child for adoption and the prospective
272	adoptive parents receiving and adopting the child and all
273	actions by any adoption entity participating in placing the
274	child.
275	(18)(17)  "Primarily lives and works outside Florida" means
276	a person who lives and works outside this state at least 6
277	months and 1 day of the year, military personnel who designate a
278	state other than Florida as their place of residence in
279	accordance with the Servicemembers Civil Relief Act, Pub. L. No.
280	108-189 Soldiers' and Sailors' Civil Relief Act of 1940, or
281	citizens employees of the United States Department of State
282	living in a foreign country who designate a state other than
283	Florida as their place of residence.
284	(19)(18)  "Suitability of the intended placement" includes
285	the fitness of the intended placement, with primary
286	consideration being given to the best interest of the child.
287	(20)(19)  "Unmarried biological father" means the child's
288	biological father who is not married to the child's mother at
289	the time of conception or birth of the child and who has not
290	been declared by a court of competent jurisdiction to be the
291	legal father of the child.
292	(20)  "Adoption plan" means arrangements made by a birth
293	parent or other individual having a legal right to custody of a
294	minor child, born or to be born, with an adoption entity in
295	furtherance of the placement of the minor for adoption.
296	Section 3.  Paragraphs (f), (g), and (i) of subsection (1)
297	of section 63.039, Florida Statutes, are amended to read:
298	63.039  Duty of adoption entity to prospective adoptive
299	parents; sanctions.--
300	(1)  An adoption entity placing a minor for adoption has an
301	affirmative duty to follow the requirements of this chapter and
302	specifically the following provisions, which protect and promote
303	the well-being of persons being adopted and their parents and
304	prospective adoptive parents by promoting certainty, finality,
305	and permanency for such persons. The adoption entity must:
306	(f)  Obtain and file the affidavit of inquiry under
307	pursuant to s. 63.088(4), if the required inquiry is not
308	conducted orally in the presence of the court.
309	(g)  When the identity of a person whose consent to
310	adoption is required necessary under this chapter is known but
311	the location of such a person is unknown, conduct the diligent
312	search and file the affidavit required under s. 63.088(5).
313	(i)  Obtain the written waiver of venue if applicable
314	required under s. 63.062 in cases in which venue for the
315	termination of parental rights will be located in a county other
316	than the county where a parent whose rights are to be terminated
317	resides.
318	Section 4.  Subsection (9) of section 63.0423, Florida
319	Statutes, is amended to read:
320	63.0423  Procedures with respect to abandoned infants.--
321	(9)(a)  A judgment terminating parental rights pending
322	adoption involving a minor who was abandoned is voidable, and
323	any later judgment of adoption of that minor is voidable, if,
324	upon the motion of a birth parent whose consent is required for
325	adoption, the court finds that a person knowingly gave false
326	information that prevented the birth parent from timely making
327	known his or her desire to assume parental responsibilities
328	toward the minor or from exercising his or her parental rights.
329	A motion under this subsection must be filed with the court
330	originally entering the judgment. The motion must be filed
331	within a reasonable time, but not later than 1 year after the
332	entry of the judgment terminating parental rights.
333	(b)  No later than 30 days after the filing of a motion
334	under this subsection, the court shall conduct a preliminary
335	hearing to determine what contact, if any, will be permitted
336	between a birth parent and the child pending resolution of the
337	motion. The Such contact may be allowed only if it is requested
338	by a parent who has appeared at the hearing and the court
339	determines that it is in the best interest of the child. If the
340	court orders contact between a birth parent and child, the order
341	must be issued in writing as expeditiously as possible and must
342	state with specificity the terms any provisions regarding
343	contact with persons other than those with whom the child
344	resides.
345	(c)  At the preliminary hearing, the court, upon the motion
346	of any party or upon its own motion, may order scientific
347	testing to determine the paternity or maternity of the minor if
348	the parent person seeking to set aside the judgment is alleging
349	to be the child's birth parent but has not previously been
350	determined by legal proceedings or scientific testing to be the
351	birth parent. Upon the filing of test results establishing that
352	parent's person's maternity or paternity of the abandoned
353	infant, the court may order visitation as it deems appropriate
354	and in the best interest of the child.
355	(d)  Within 45 days after the preliminary hearing, the
356	court shall conduct a final hearing on the motion to set aside
357	the judgment and shall enter its written order as expeditiously
358	as possible thereafter.
359	Section 5.  Subsections (1) and (7) of section 63.052,
360	Florida Statutes, are amended to read:
361	63.052  Guardians designated; proof of commitment.--
362	(1)  For minors who have been placed for adoption with and
363	permanently committed to an adoption entity, other than an
364	intermediary, such adoption entity shall be the guardian of the
365	person of the minor and has the responsibility and authority to
366	provide for the needs and welfare of the minor.
367	(7)  The court retains jurisdiction of a minor who has been
368	placed for adoption until the adoption is finalized within or
369	outside this state final. After a minor is placed with an
370	adoption entity or prospective adoptive parent, the court may
371	review the status of the minor and the progress toward permanent
372	adoptive placement.
373	Section 6.  Subsection (1) of section 63.053, Florida
374	Statutes, is amended to read:
375	63.053  Rights and responsibilities of an unmarried
376	biological father; legislative findings.--
377	(1)  In enacting the provisions contained in this chapter,
378	the Legislature prescribes the conditions for determining
379	whether an unmarried biological father's actions are
380	sufficiently prompt and substantial so as to require protection
381	of a constitutional right. If an unmarried biological father
382	fails to take the actions that are available to him to establish
383	a relationship with his child, his parental interest may be lost
384	entirely, or greatly diminished, by his failure to timely comply
385	with the available legal steps to substantiate a parental
386	interest.
387	Section 7.  Subsections (6), (7), (8), and (13) of section
388	63.054, Florida Statutes, are amended to read:
389	63.054  Actions required by an unmarried biological father
390	to establish parental rights; Florida Putative Father
391	Registry.--
392	(6)  It is the obligation of the registrant or, if
393	designated under subsection (4), his designated agent or
394	representative to notify and update the Office of Vital
395	Statistics of any change of address or change in the designation
396	of an agent or representative. The failure of a registrant, or
397	designated agent or representative, to report any such change is
398	at the registrant's own risk and shall not serve as a valid
399	defense based upon lack of notice, and the adoption entity or
400	petitioner shall have no further obligation to search for the
401	registrant unless the person petitioning for termination of
402	parental rights or adoption has actual or constructive notice of
403	the registrant's address and whereabouts from another source.
404	(7)  In each proceeding for termination of parental rights
405	or each adoption proceeding in which parental rights are being
406	terminated simultaneously with entry of the final judgment of
407	adoption, as in stepparent and relative adoptions filed under
408	this chapter, the petitioner must contact the Office of Vital
409	Statistics of the Department of Health by submitting an
410	application for a search of the Florida Putative Father
411	Registry. The petitioner shall provide the same information, if
412	known, on the search application form which the registrant is
413	required to furnish under subsection (3). Thereafter, the Office
414	of Vital Statistics must issue a certificate signed by the State
415	Registrar certifying:
416	(a)  The identity and contact information, if any, for each
417	registered unmarried biological father whose information matches
418	the search request sufficiently so that the such person may be
419	considered a possible father of the subject child; or
420	(b)  That a diligent search has been made of the registry
421	of registrants who may be the unmarried biological father of the
422	subject child and that no matching registration has been located
423	in the registry.
424
425	The This certificate must be filed with the court in the
426	proceeding to terminate parental rights or the adoption
427	proceeding. If a termination of parental rights and an adoption
428	proceeding are being adjudicated separately simultaneously, the
429	Florida Putative Father Registry need only be searched once.
430	(8)  If an unmarried biological father whose consent to
431	adoption is required does not know the county in which the birth
432	mother resides, gave birth, or intends to give birth, he may
433	initiate an action in any county in the state, in accordance
434	with s. 63.087 subject to the birth mother's right to change
435	venue to the county where she resides.
436	(13)  The filing of a claim of paternity with the Florida
437	Putative Father Registry does not excuse or waive the obligation
438	of a petitioner to comply with the requirements for conducting a
439	diligent search and inquiry with respect to the identity of any
440	man whose consent is required under s. 63.062 an unmarried
441	biological father or legal father which are set forth in this
442	chapter.
443	Section 8.  Subsections (1), (2), (3), (4), and (9) of
444	section 63.062, Florida Statutes, are amended to read:
445	63.062  Persons required to consent to adoption; affidavit
446	of nonpaternity; waiver of venue.--
447	(1)  Unless supported by one or more of the grounds
448	enumerated under s. 63.089(3), a petition to terminate parental
449	rights pending adoption may be granted only if written consent
450	has been executed as provided in s. 63.082 after the birth of
451	the minor or notice has been served under s. 63.088 to:
452	(a)  The mother of the minor, if her parental rights have
453	not been terminated.
454	(b)  The father of the minor, if his parental rights have
455	not been terminated, if:
456	1.  The minor was conceived or born while the father was
457	married to the mother;
458	2.  The minor is his child by adoption before the filing of
459	a petition for termination of parental rights;
460	3.  The minor has been established by court proceeding to
461	be his child before the filing of a petition for termination of
462	parental rights and he has complied with the requirements of
463	subsection (2);
464	4.  He has filed an affidavit of paternity under pursuant
465	to s. 382.013(2)(c) before the filing of a petition for
466	termination of parental rights and has complied with the
467	requirements of subsection (2); or
468	5.  In the case of an unmarried biological father, he has
469	acknowledged in writing, signed in the presence of a competent
470	witness, that he is the father of the minor, has filed the such
471	acknowledgment with the Office of Vital Statistics of the
472	Department of Health within the required timeframes, and has
473	complied with the requirements of subsection (2).
474	(c)  The minor, if 12 years of age or older, unless the
475	court in the best interest of the minor dispenses with the
476	minor's consent.
477	(d)  Any person lawfully entitled to custody of the minor
478	if required by the court.
479	(e)  The court having jurisdiction to determine custody of
480	the minor, if the person having physical custody of the minor
481	does not have authority to consent to the adoption.
482	(2)  In accordance with subsection (1), the consent of an
483	unmarried biological father shall be required necessary only if
484	the unmarried biological father has complied with the
485	requirements of this subsection.
486	(a)1.  With regard to a child who is placed with adoptive
487	parents more than 6 months after the child's birth, an unmarried
488	biological father must have developed a substantial relationship
489	with the child, taken some measure of responsibility for the
490	child and the child's future, and demonstrated a full commitment
491	to the responsibilities of parenthood by providing financial
492	support to the child in accordance with the unmarried biological
493	father's ability, if not prevented from doing so by the person
494	or authorized agency having lawful custody of the child, and
495	either:
496	a.  Regularly visited the child at least monthly, when
497	physically and financially able to do so and when not prevented
498	from doing so by the birth mother or the person or authorized
499	agency having lawful custody of the child; or
500	b.  Maintained regular communication with the child or with
501	the person or agency having the care or custody of the child,
502	when physically or financially unable to visit the child and or
503	when not prevented from doing so by the birth mother or person
504	or authorized agency having lawful custody of the child.
505	2.  The mere fact that an unmarried biological father
506	expresses a desire to fulfill his responsibilities towards his
507	child which is unsupported by acts evidencing this intent does
508	not preclude a finding by the court that the unmarried
509	biological father failed to comply with the requirements of this
510	subsection.
511	3.  An unmarried biological father who openly lived with
512	the child for at least 6 months within the 1-year period
513	following the birth of the child and immediately preceding
514	placement of the child with adoptive parents and who openly held
515	himself out to be the father of the child during that period
516	shall be deemed to have developed a substantial relationship
517	with the child and to have otherwise met the requirements of
518	this paragraph.
519	(b)  With regard to a child who is younger than 6 months of
520	age at the time the child is placed with the adoptive parents,
521	an unmarried biological father must have demonstrated a full
522	commitment to his parental responsibility by having performed
523	all of the following acts before prior to the time the mother
524	executes her consent for adoption or a petition for termination
525	of parental rights has been filed, whichever is earlier:
526	1.  Filed a notarized claim of paternity form with the
527	Florida Putative Father Registry within the Office of Vital
528	Statistics of the Department of Health, which form shall be
529	maintained in the confidential registry established for that
530	purpose and shall be considered filed when the notice is entered
531	in the registry of notices from unmarried biological fathers.
532	2.  Upon service of a notice of an intended adoption plan
533	or a petition for termination of parental rights pending
534	adoption, timely execute executed and file filed an affidavit in
535	that proceeding stating that he is personally fully able and
536	willing to take responsibility for the child, setting forth his
537	plans for care of the child, and agreeing to a court order of
538	child support and a contribution to the payment of living and
539	medical expenses incurred for the mother's pregnancy and the
540	child's birth in accordance with his ability to pay.
541	3.  If he had knowledge of the pregnancy, paid a fair and
542	reasonable amount of the expenses incurred in connection with
543	the mother's pregnancy and the child's birth, in accordance with
544	his financial ability and when not prevented from doing so by
545	the birth mother or person or authorized agency having lawful
546	custody of the child.
547	(c)  The petitioner shall file with the court a certificate
548	from the Office of Vital Statistics stating that a diligent
549	search has been made of the Florida Putative Father Registry of
550	notices from unmarried biological fathers described in
551	subparagraph (b)1. and that no filing has been found pertaining
552	to the father of the child in question or, if a filing is found,
553	stating the name of the putative father and the time and date of
554	filing. That certificate shall be filed with the court before
555	prior to the entry of a final judgment of termination of
556	parental rights.
557	(d)  An unmarried biological father who does not comply
558	with each of the conditions provided in this subsection is
559	deemed to have irrevocably waived and surrendered any rights in
560	relation to the child, including the right to notice of any
561	judicial proceeding in connection with the adoption of the
562	child, and his consent to the adoption of the child is not
563	required.
564	(3)(a)  Under Pursuant to chapter 48, an adoption entity
565	may serve upon any unmarried biological father identified by the
566	mother or identified by a diligent search of the Florida
567	Putative Father Registry, or upon an entity whose consent is
568	required, a notice of intended adoption plan at any time before
569	the child's birth or before placing prior to the placement of
570	the child in the adoptive home, including prior to the birth of
571	the child. The notice of intended adoption plan must
572	specifically state that if the unmarried biological father
573	desires to contest the adoption plan, he must file with the
574	court, within 30 days after service, a verified response that
575	contains a pledge of commitment to the child in substantial
576	compliance with subparagraph (2)(b)2. The notice of intended
577	adoption plan shall notify the unmarried biological father that,
578	if he has not already done so, he must file a claim of paternity
579	form with the Office of Vital Statistics within 30 days after
580	service upon him and must provide the adoption entity with a
581	copy of the verified response filed with the court and the claim
582	of paternity form filed with the Office of Vital Statistics. If
583	the party served with the notice of intended adoption plan is an
584	entity, the entity must file, within 30 days after service, a
585	verified response setting forth a legal basis for contesting the
586	intended adoption plan, specifically addressing the best
587	interest of the child. If the adoption entity whose consent is
588	required or the unmarried biological father or entity whose
589	consent is required fails to properly file a verified response
590	with the court and, in the case of an unmarried biological
591	father, a claim of paternity form with the Office of Vital
592	Statistics within 30 days after service upon that unmarried
593	biological father or entity whose consent is required, the
594	consent of that unmarried biological father or entity is not
595	shall no longer be required under this chapter and that party
596	shall be deemed to have irrevocably waived any claim of rights
597	to the child. Each notice of intended adoption plan served upon
598	an unmarried biological father must include instructions as to
599	the procedure the unmarried biological father must follow to
600	submit a claim of paternity form to the Office of Vital
601	Statistics and the address to which the registration must be
602	directed.
603	(b)  If the birth mother identifies a man who she believes
604	is the unmarried biological father of her child, the adoption
605	entity may provide a notice of intended adoption plan pursuant
606	to paragraph (a). If the mother identifies a potential unmarried
607	biological father whose location is unknown, the adoption entity
608	who has been retained to terminate any parental rights that
609	might be asserted by the person must thereafter make a good
610	faith effort to locate him shall conduct a diligent search
611	pursuant to s. 63.088. If, upon completion of a diligent search,
612	the potential unmarried biological father's location remains
613	unknown and a search of the Florida Putative Father Registry
614	fails to provide an address for him reveal a match, the adoption
615	entity has shall request in the petition for termination of
616	parental rights pending adoption that the court declare the
617	diligent search to be in compliance with s. 63.088 and to
618	further declare that the adoption entity shall have no further
619	obligation to provide notice to the potential unmarried
620	biological father and that the potential unmarried biological
621	father's consent to the adoption shall not be required.
622	(4)  Any person whose consent is required under paragraph
623	(1)(b), or any other man, paragraphs (1)(c)-(e) may execute an
624	irrevocable affidavit of nonpaternity in lieu of a consent under
625	this section and by doing so waives notice to all court
626	proceedings after the date of execution. An affidavit of
627	nonpaternity must be executed as provided in s. 63.082. The
628	affidavit of nonpaternity may be executed before prior to the
629	birth of the child. The person executing the affidavit must
630	receive disclosure under s. 63.085 before prior to signing the
631	affidavit.
632	(9)  A petition for termination of parental rights shall be
633	filed in the appropriate county as determined under s.
634	63.087(2). If any the parent or parents whose consent is
635	required objects rights are to be terminated object to venue in
636	the county where the action was filed, the court may transfer
637	venue to a proper venue consistent with this chapter and chapter
638	47 the action to the county where the objecting parent or
639	parents reside, unless the objecting parent has previously
640	executed a waiver of venue.
641	Section 9.  Subsection (3) of section 63.064, Florida
642	Statutes, is amended to read:
643	63.064  Persons whose consent to an adoption may be
644	waived.--The court may waive the consent of the following
645	individuals to an adoption:
646	(3)  A parent who has been judicially declared incompetent
647	and for whom restoration of competency is medically improbable
648	within a reasonable period of time. The court shall consider the
649	best interests of the child in making this determination.
650	Section 10.  Paragraph (c) of subsection (1), paragraphs
651	(b), (c), and (e) of subsection (4), and subsections (5), (6),
652	and (7) of section 63.082, Florida Statutes, are amended to
653	read:
654	63.082  Execution of consent to adoption or affidavit of
655	nonpaternity; family social and medical history; withdrawal of
656	consent.--
657	(1)
658	(c)  A consent or an affidavit of nonpaternity executed by
659	a minor parent who is 14 years of age or younger must be
660	witnessed by a parent, stepparent, legal or designated guardian,
661	or court-appointed guardian ad litem.
662	(4)
663	(b)  A consent to the adoption of a minor who is to be
664	placed for adoption shall not be executed by the birth mother
665	sooner than 48 hours after the minor's birth or the day the
666	birth mother has been notified in writing, either on her patient
667	chart or in release paperwork, that she is fit to be released
668	from the licensed hospital or birth center, whichever is
669	earlier. A consent by any man a biological father or legal
670	father may be executed at any time after the birth of the child.
671	A consent executed under this paragraph is valid upon execution
672	and may be withdrawn only if the court finds that it was
673	obtained by fraud or duress.
674	(c)  When the minor to be adopted is older than 6 months of
675	age at the time of the execution of the consent, the consent to
676	adoption is valid upon execution; however, it is subject to a 3-
677	day revocation period or may be revoked at any time prior to the
678	placement of the minor with the prospective adoptive parents,
679	whichever is later. If a consent has been executed, this
680	subsection may not be construed to provide a birth parent with
681	more than 3 days to revoke the consent once the child has been
682	placed with the prospective adoptive parents.
683	(e)  A consent to adoption being executed by the birth
684	parent must be in at least 12-point boldfaced type in
685	substantially the following form:
686	CONSENT TO ADOPTION
687
688	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
689	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
690	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
691	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
692	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
693	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
694	WITNESSES YOU SELECTED, IF ANY.
695	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
696	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
697	CONSENT:
698	1.  CONSULT WITH AN ATTORNEY;
699	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
700	LEGALLY PROHIBITED;
701	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
702	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
703	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
704	PROHIBITED; AND
705	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
706	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
707	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
708	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
709	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
710	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
711	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
712	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
713	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
714	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
715	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
716	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
717	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
718	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
719	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
720	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
721	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
722	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
723	DURESS.
724	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
725	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
726	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
727	YOU WISH TO WITHDRAW YOUR CONSENT; AND
728	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
729	OR DURESS.
730
731	This statement of rights is not required for the adoption of a
732	relative, an adult, a stepchild, or a child older than 6 months
733	of age. A consent form for the adoption of a child older than 6
734	months of age at the time of execution of consent must contain a
735	statement outlining the revocation rights provided in paragraph
736	(c).
737	(5)  A copy or duplicate original of each consent signed
738	under this chapter in an action for termination of parental
739	rights pending adoption must be provided to the person who
740	executed the consent to adoption. The copy must be hand
741	delivered, with a written acknowledgment of receipt signed by
742	the person whose consent is required at the time of execution.
743	If a copy of a consent cannot be provided as required in this
744	subsection, the adoption entity must execute an affidavit
745	stating why the copy of the consent was not delivered. The
746	original consent and acknowledgment of receipt, or an affidavit
747	stating why the copy of the consent was not delivered, must be
748	filed with the petition for termination of parental rights
749	pending adoption.
750	(6)(a)  If a birth parent executes a consent for placement
751	of a minor with an adoption entity or qualified prospective
752	adoptive parents and the minor child is in the custody of the
753	department, but parental rights have not yet been terminated,
754	the adoption consent shall be valid, binding, and enforceable by
755	the court and be the basis for the transfer of custody.
756	(b)  Upon execution of the consent of the birth parent, the
757	adoption entity shall be permitted to intervene in the
758	dependency case as a party in interest and shall provide the
759	court having jurisdiction over the minor pursuant to the shelter
760	or dependency petition filed by the department with a copy of
761	the preliminary home study of the prospective adoptive parents
762	and any other evidence of the suitability of the placement. The
763	preliminary home study shall be maintained with strictest
764	confidentiality within the dependency court file and the
765	department's file. A preliminary home study must be provided to
766	the court in all cases in which an adoption entity has
767	intervened under pursuant to this section.
768	(c)  Upon a determination by the court that the prospective
769	adoptive parents have met the requirements of this chapter are
770	properly qualified to adopt the minor child and that the
771	adoption appears to be in the best interest of the minor child,
772	the court shall immediately order the transfer of custody of the
773	minor child to the prospective adoptive parents, under the
774	supervision of the adoption entity. Thereafter, the adoption
775	entity must file a petition for termination of parental rights
776	or a petition for adoption in the court having jurisdiction over
777	child welfare or custody in the county with the appropriate
778	venue according to s. 63.087 or s. 63.102. The court having
779	jurisdiction over the minor in the dependency proceeding must
780	relinquish its jurisdiction to the court where the petition for
781	termination of parental rights or the petition for adoption is
782	filed. The adoption entity shall thereafter provide monthly
783	supervision reports to the court, if required, department until
784	finalization of the adoption.
785	(d)  In determining whether the best interest of the child
786	will be served by transferring the custody of the minor child to
787	the prospective adoptive parent selected by the birth parent,
788	the court shall give consideration to the rights of the birth
789	parent to determine an appropriate placement for the child, the
790	permanency offered, the child's bonding with any potential
791	adoptive home that the child has been residing in, and the
792	importance of maintaining sibling relationships, if possible.
793	(7)(a)  A consent that is being withdrawn under paragraph
794	(4)(c) may be withdrawn at any time prior to the minor's
795	placement with the prospective adoptive parents or by notifying
796	the adoption entity in writing by certified United States mail,
797	return receipt requested, not later than 3 business days after
798	execution of the consent. As used in this subsection, the term
799	"business day" means any day on which the United States Postal
800	Service accepts certified mail for delivery.
801	(b)  Upon receiving timely written notice from a person
802	whose consent to adoption is required, of that person's desire
803	to withdraw consent to adoption, the adoption entity must
804	contact the prospective adoptive parent to arrange a time
805	certain for the adoption entity to regain physical custody of
806	the minor, unless, upon a motion for emergency hearing by the
807	adoption entity, the court determines in written findings that
808	placement of the minor with the person who had legal or physical
809	custody of the child immediately before placing the child for
810	adoption may not be in the minor's best interest withdrawing
811	consent may endanger the minor, or that the person who desires
812	to withdraw consent to the adoption would not be required to
813	consent to the adoption or has been determined to have abandoned
814	the child, or may otherwise be subject to the consent being
815	waived under this chapter.
816	(c)  If the court finds that the such placement may
817	endanger the minor, the court must enter an order regarding
818	continued placement of the minor. The order shall direct
819	continued placement with the prospective adoptive parents
820	pending further proceedings if they desire continued placement.
821	If the prospective adoptive parents do not desire continued
822	placement, the order shall include, but not be limited to,
823	whether temporary placement in foster care, with the person who
824	had legal or physical custody of the child immediately before
825	placing the child for adoption, or with a relative is in the
826	best interest of the child and is appropriate, whether an
827	investigation by the department is recommended, and whether a
828	relative is available for the temporary placement.
829	(d)  If the person withdrawing a required consent claims to
830	be the father of the minor but has not been established to be
831	the father by marriage, court order, or scientific testing, the
832	court may order scientific paternity testing upon a showing that
833	the testing is in the best interests of the minor and reserve
834	ruling on removal of the minor until the results of such testing
835	have been filed with the court.
836	(e)  The adoption entity must return the minor within 3
837	business days after timely and proper notification of the
838	withdrawal of consent or after the court determines that
839	withdrawal is valid and binding upon consideration of an
840	emergency motion, as filed pursuant to paragraph (b), to the
841	physical custody of the person withdrawing consent or the person
842	directed by the court. If the person seeking to validly withdraw
843	consent claims to be the father of the minor but has not been
844	established to be the father by marriage, court order, or
845	scientific testing, the adoption entity may return the minor to
846	the care and custody of the mother, if she desires such
847	placement, and the mother is not otherwise prohibited by law
848	from having custody of the child.
849	(e)(f)  Following the revocation period for withdrawal of
850	consent described in paragraph (a), or the placement of the
851	child with the prospective adoptive parents, whichever occurs
852	later, consent may be withdrawn only when the court finds that
853	the consent was obtained by fraud or duress.
854	(f)(g)  An affidavit of nonpaternity may be withdrawn only
855	if the court finds that the affidavit was obtained by fraud or
856	duress.
857	Section 11.  Subsection (1) of section 63.085, Florida
858	Statutes, is amended to read:
859	63.085  Disclosure by adoption entity.--
860	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
861	ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
862	to adopt a minor or a person seeking to place a minor for
863	adoption contacts an adoption entity in person or provides the
864	adoption entity with a mailing address, the entity must provide
865	a written disclosure statement to that person if the entity
866	agrees or continues to work with the such person. If an adoption
867	entity is assisting in the effort to terminate the parental
868	rights of a parent who did not initiate the contact with the
869	adoption entity, the written disclosure must be provided within
870	14 days after that parent is identified and located. For
871	purposes of providing the written disclosure, a person is
872	considered to be seeking to place a minor for adoption when that
873	person has sought information or advice from the adoption entity
874	regarding the option of adoptive placement. The written
875	disclosure statement must be in substantially the following
876	form:
877	ADOPTION DISCLOSURE
878
879	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
880	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
881	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
882	ADOPTION UNDER FLORIDA LAW:
883	1.  The name, address, and telephone number of the adoption
884	entity providing this disclosure is:
885	Name:
886	Address:
887	Telephone Number:
888	2.  The adoption entity does not provide legal
889	representation or advice to birth parents, and birth parents
890	have the right to consult with an attorney of their own choosing
891	to advise them.
892	3.  With the exception of an adoption by a stepparent or
893	relative, a child cannot be placed into a prospective adoptive
894	home unless the prospective adoptive parents have received a
895	favorable preliminary home study, including criminal and child
896	abuse clearances.
897	4.  A valid consent for adoption may not be signed by the
898	birth mother until 48 hours after the birth of the child, or the
899	day the birth mother is notified, in writing, that she is fit
900	for discharge from the licensed hospital or birth center. Any
901	man A putative father may sign a valid consent for adoption at
902	any time after the birth of the child.
903	5.  A consent for adoption signed before the child attains
904	the age of 6 months is binding and irrevocable from the moment
905	it is signed unless it can be proven in court that the consent
906	was obtained by fraud or duress. A consent for adoption signed
907	after the child attains the age of 6 months is valid from the
908	moment it is signed; however, it may be revoked until the child
909	is placed in an adoptive home, or up to 3 business days after it
910	was signed, whichever period is longer.
911	6.  A consent for adoption is not valid if the signature of
912	the person who signed the consent was obtained by fraud or
913	duress.
914	7.  There are alternatives to adoption, including foster
915	care, relative care, and parenting the child. There may be
916	services and sources of financial assistance in the community
917	available to birth parents if they choose to parent the child.
918	8.  A birth parent has the right to have a witness of his
919	or her choice, who is unconnected with the adoption entity or
920	the adoptive parents, to be present and witness the signing of
921	the consent or affidavit of nonpaternity.
922	9.  A birth parent 14 years of age or younger must have a
923	parent, legal guardian, or court-appointed guardian ad litem to
924	assist and advise the birth parent as to the adoption plan.
925	10.  A birth parent has a right to receive supportive
926	counseling from a counselor, social worker, physician, clergy,
927	or attorney, and such counseling would be beneficial to the
928	birth parent.
929	11.  The payment of living or medical expenses by the
930	prospective adoptive parents prior to the birth of the child
931	does not, in any way, obligate the birth parent to sign the
932	consent for adoption.
933	Section 12.  Section 63.087, Florida Statutes, is amended
934	to read:
935	63.087  Proceeding to terminate parental rights pending
936	adoption; general provisions.--
937	(1)  JURISDICTION.--A court of this state which is
938	competent to decide child welfare or custody matters has
939	jurisdiction to hear all matters arising from a proceeding to
940	terminate parental rights pending adoption. A court of this
941	state has jurisdiction if the minor is present in this state and
942	the parent or guardian has been served with a copy of the
943	petition in accordance with subsection (5).
944	(2)  VENUE.--
945	(a)  A petition to terminate parental rights pending
946	adoption must be filed:
947	1.  In the county where the child resides; or
948	2.  If the child does not reside in the State of Florida,
949	In the county where the adoption entity is located.;
950	3.  In the county where the adoption entity is located; or
951	4.  If neither parent resides in the state, in the county
952	where the adoption entity is located. The fact of the minor's
953	presence within the state confers jurisdiction on the court in
954	proceedings in the minor's case under this chapter, or to a
955	parent or guardian if due notice has been given.
956	(b)  If a petition for termination of parental rights has
957	been filed and a parent whose consent is required rights are to
958	be terminated objects to venue, there must be a hearing in which
959	the court shall determine whether that parent intends to assert
960	legally recognized grounds to contest a termination of parental
961	rights and, if so, the court may shall immediately transfer
962	venue to a proper venue under this subsection the county where
963	that parent resides or resided at the time of the execution of
964	the consent. For purposes of selecting venue, the court shall
965	consider the ease of access to the court for the parent and the
966	factors set forth in s. 47.122 who intends to contest a
967	termination of parental rights.
968	(c)  If there is a transfer of venue, the court may
969	determine which party shall bear the cost of venue transfer.
970
971	For purposes of the hearing under this subsection, witnesses
972	located in another jurisdiction may testify by deposition or
973	testify by telephone, audiovisual means, or other electronic
974	means before a designated court or at another location.
975	Documentary evidence transmitted from another location by
976	technological means that do not produce an original writing may
977	not be excluded from evidence on an objection based on the means
978	of transmission. The court on its own motion may otherwise
979	prescribe the manner in which and the terms upon which the
980	testimony is taken.
981	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
982	may not be filed until after the date the court enters the
983	judgment terminating parental rights pending adoption under this
984	chapter or under chapter 39. Adoptions of relatives, adult
985	adoptions, or adoptions of stepchildren shall not be required to
986	file a separate termination of parental rights proceeding
987	pending adoption. In such cases, the petitioner may file a joint
988	petition for termination of parental rights and adoption
989	attaching all required consents, affidavits, notices, and
990	acknowledgments shall be attached to the petition for adoption
991	or filed separately in the adoption proceeding. Unless otherwise
992	provided by law, this chapter applies to joint petitions.
993	(4)  PETITION.--
994	(a)  A proceeding seeking to terminate parental rights
995	pending adoption under pursuant to this chapter must be
996	initiated by the filing of an original petition after the birth
997	of the minor.
998	(b)  The petition may be filed by a parent or person having
999	physical or legal custody of the minor. The petition may be
1000	filed by an adoption entity only if a parent or person having
1001	physical or legal custody who has executed a consent to adoption
1002	under pursuant to s. 63.082 also consents in writing to the
1003	adoption entity filing the petition. The original of the such
1004	consent must be filed with the petition.
1005	(c)  The petition must be entitled: "In the Matter of the
1006	Termination of Parental Rights for the Proposed Adoption of a
1007	Minor Child."
1008	(d)  The petition to terminate parental rights pending
1009	adoption must be in writing and signed by the petitioner under
1010	oath stating the petitioner's good faith in filing the petition.
1011	A written consent to adoption, affidavit of nonpaternity, or
1012	affidavit of diligent search under s. 63.088, for each person
1013	whose consent to adoption is required under s. 63.062, must be
1014	executed and attached.
1015	(e)  The petition must include:
1016	1.  The minor's name, gender, date of birth, and place of
1017	birth. The petition must contain all names by which the minor is
1018	or has been known, excluding the minor's prospective adoptive
1019	name but including the minor's legal name at the time of the
1020	filing of the petition. In the case of an infant child whose
1021	adoptive name appears on the original birth certificate, the
1022	adoptive name shall not be included in the petition, nor shall
1023	it be included elsewhere in the termination of parental rights
1024	proceeding unless the proceedings are filed according to s.
1025	63.102(6).
1026	2.  All information required by the Uniform Child Custody
1027	Jurisdiction and Enforcement Act and the Indian Child Welfare
1028	Act, except the names and addresses of the adoptive parents.
1029	3.  A statement of the grounds under s. 63.089 upon which
1030	the petition is based.
1031	4.  The name, address, and telephone number of any adoption
1032	entity seeking to place the minor for adoption.
1033	5.  The name, address, and telephone number of the division
1034	of the circuit court in which the petition is to be filed.
1035	6.  A certification of compliance with the requirements of
1036	s. 63.0425 regarding notice to grandparents of an impending
1037	adoption.
1038	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1039	summons to be issued substantially in the form provided in Form
1040	1.902, Florida Rules of Civil Procedure. The Petition and
1041	summons and a copy of the petition shall be served upon any
1042	person who executed a whose consent to adoption or affidavit of
1043	nonpaternity has been provided but who has not waived service of
1044	the pleadings and notice of the hearing thereon and also upon
1045	any person whose consent to adoption is required under s.
1046	63.062, but who has not provided that consent or an affidavit of
1047	nonpaternity.
1048	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1049	petition or any pleading requiring an answer shall be timely
1050	filed in accordance with the Florida Rules of Civil Procedure.
1051	Failure to file a written response or to appear at the hearing
1052	on the petition constitutes grounds upon which the court may
1053	terminate parental rights. Failure to appear at the hearing
1054	constitutes grounds upon which the court may terminate parental
1055	rights. The petitioner shall provide notice of the final hearing
1056	by United States mail to any person who has been served with the
1057	summons and petition for termination of parental rights within
1058	the specified time periods. Notwithstanding the filing of any
1059	answer or any pleading, Any person present at the hearing to
1060	terminate parental rights pending adoption whose consent to
1061	adoption is required under s. 63.062 must:
1062	(a)  Be advised by the court that he or she has a right to
1063	ask that the hearing be reset for a later date so that the
1064	person may consult with an attorney; and
1065	(b)  Be given an opportunity to admit or deny the
1066	allegations in the petition.
1067	Section 13.  Section 63.088, Florida Statutes, is amended
1068	to read:
1069	63.088  Proceeding to terminate parental rights pending
1070	adoption; notice and service; diligent search.--
1071	(1)  NOTICE REQUIRED.--An unmarried biological father, by
1072	virtue of the fact that he has engaged in a sexual relationship
1073	with a woman, is deemed to be on notice that a pregnancy and an
1074	adoption proceeding regarding that child may occur and that he
1075	has a duty to protect his own rights and interest. He is,
1076	therefore, entitled to notice of a birth or adoption proceeding
1077	with regard to that child only as provided in this chapter.
1078	(2)  IDENTITY KNOWN AND LOCATION UNKNOWN; PROCEDURES TO
1079	INITIATE LOCATION PROCEDURES.--When the location of a person
1080	whose consent to an adoption is required but is unknown not
1081	known, the adoption entity must begin the inquiry and diligent
1082	search process required by this section within a reasonable time
1083	period after the date on which the person seeking to place a
1084	minor for adoption has evidenced in writing to the adoption
1085	entity a desire to place the minor for adoption with that
1086	entity, or not later than 30 days after the date any money is
1087	provided as permitted under this chapter by the adoption entity
1088	for the benefit of the person seeking to place a minor for
1089	adoption.
1090	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1091	determine that a minor is available for adoption, and in
1092	addition to the other requirements set forth in this chapter,
1093	each person whose consent is required under s. 63.062, who has
1094	not executed a consent or an affidavit of nonpaternity, and
1095	whose location and identity have been determined by compliance
1096	with the procedures in this section must be personally served,
1097	under pursuant to chapter 48, at least 20 days before the
1098	hearing with a summons and a copy of the petition to terminate
1099	parental rights pending adoption as provided in s. 63.087(5) and
1100	with notice in substantially the following form:
1101
1102	NOTICE OF PETITION AND HEARING
1103	TO TERMINATE PARENTAL RIGHTS
1104	PENDING ADOPTION
1105
1106	A petition to terminate parental rights pending adoption
1107	has been filed. A copy of the petition is being served
1108	with this notice. There will be a hearing on the petition
1109	to terminate parental rights pending adoption on (date) at
1110	(time) before (judge) at (location, including complete
1111	name and street address of the courthouse). The court has
1112	set aside (amount of time) for this hearing.
1113
1114	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY
1115	FILE A WRITTEN RESPONSE TO THE PETITION AND THIS NOTICE
1116	WITH THE COURT AND OR TO APPEAR AT THIS HEARING
1117	CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY
1118	PARENTAL RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE MINOR
1119	CHILD.
1120
1121	(4)  REQUIRED INQUIRY.--In proceedings initiated under s.
1122	63.087, the court must conduct an inquiry of the person who is
1123	placing the minor for adoption and of any relative or person
1124	having legal custody of the minor who is present at the hearing
1125	and likely to have the following information regarding the
1126	identity of the father of the minor, whether his parental rights
1127	have not been previously terminated, and whether:
1128	(a)  The minor was conceived or born while the father was
1129	married to the mother;
1130	(b)  The minor is his child by adoption before the filing
1131	of a petition for termination of parental rights;
1132	(c)  The minor has been established by court proceeding to
1133	be his child before the filing of a petition for termination of
1134	parental rights, and has complied with the requirements of s.
1135	63.062(2);
1136	(d)  He has filed an affidavit of paternity under s.
1137	382.013(2) before the filing of a petition for termination of
1138	parental rights and has complied with the requirements of s.
1139	63.062(2); or
1140	(e)  In the case of an unmarried biological father, he has
1141	acknowledged in writing, signed in the presence of a competent
1142	witness, that he is the father of the minor, has filed the
1143	acknowledgment with the Office of Vital Statistics of the
1144	Department of Health within the required timeframes, and has
1145	complied with the requirements of s. 63.062(2).
1146	(a)  Any person to whom the mother of the minor was married
1147	at any time when conception of the minor may have occurred or at
1148	the time of the birth of the minor;
1149	(b)  Any person who has been declared by a court to be the
1150	father of the minor;
1151	(c)  Any man who has adopted the minor;
1152	(d)  Any man with whom the mother was cohabiting at any
1153	time when conception of the minor may have occurred; and
1154	(e)  Any person who has acknowledged or claimed paternity
1155	of the minor.
1156
1157	The information required under this subsection may be provided
1158	to the court in the form of a sworn affidavit by a person having
1159	personal knowledge of the facts, addressing each inquiry
1160	enumerated in this subsection, except that, if the inquiry
1161	identifies a father under paragraph (a), paragraph (b), or
1162	paragraph (c), the inquiry shall not continue further. The
1163	inquiry required under this subsection may be conducted before
1164	the birth of the minor.
1165	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1166	the court under subsection (4) identifies any person whose
1167	consent to adoption is required under s. 63.062 and who has not
1168	executed a consent to adoption or an affidavit of nonpaternity,
1169	and the location of the person from whom consent is required is
1170	unknown, the adoption entity must conduct a diligent search for
1171	that person which must include inquiries concerning:
1172	(a)  The person's current address, or any previous address,
1173	through an inquiry of the United States Postal Service through
1174	the Freedom of Information Act;
1175	(b)  The last known employment of the person, including the
1176	name and address of the person's employer;
1177	(c)  Regulatory agencies, including those regulating
1178	licensing in the area where the person last resided;
1179	(d)  Names and addresses of relatives to the extent such
1180	can be reasonably obtained from the petitioner or other sources,
1181	contacts with those relatives, and inquiry as to the person's
1182	last known address. The petitioner shall pursue any leads of any
1183	addresses to which the person may have moved;
1184	(e)  Information as to whether or not the person may have
1185	died and, if so, the date and location;
1186	(f)  Telephone listings in the area where the person last
1187	resided;
1188	(g)  Inquiries of law enforcement agencies in the area
1189	where the person last resided;
1190	(h)  Highway patrol records in the state where the person
1191	last resided;
1192	(i)  Department of Corrections records in the state where
1193	the person last resided;
1194	(j)  Hospitals in the area where the person last resided;
1195	(k)  Records of utility companies, including water, sewer,
1196	cable television, and electric companies, in the area where the
1197	person last resided;
1198	(l)  Records of the Armed Forces of the United States as to
1199	whether there is any information as to the person;
1200	(m)  Records of the tax assessor and tax collector in the
1201	area where the person last resided; and
1202	(n)  Search of one Internet databank locator service.
1203
1204	Any person contacted by a petitioner or adoption entity when
1205	requesting information under this subsection must release the
1206	requested information to the petitioner or adoption entity,
1207	except when prohibited by law, without the necessity of a
1208	subpoena or a court order. An affidavit of diligent search
1209	executed by the petitioner and the adoption entity must be filed
1210	with the court confirming completion of each aspect of the
1211	diligent search enumerated in this subsection and specifying the
1212	results. The diligent search required under this subsection may
1213	be conducted before the birth of the minor.
1214	(6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1215	if, as to any person whose consent is required under s. 63.062
1216	and who has not executed a consent to adoption or an affidavit
1217	of nonpaternity, the location of the person is unknown and the
1218	inquiry under subsection (4) fails to locate the person. The
1219	unlocated person must be served notice under subsection (3) by
1220	constructive service in the manner provided in chapter 49. The
1221	notice shall be published in the county where the person was
1222	last known to have resided. The notice, in addition to all
1223	information required under chapter 49, must include a physical
1224	description, including, but not limited to, age, race, hair and
1225	eye color, and approximate height and weight of the person, the
1226	minor's date of birth, and the place of birth of the minor.
1227	Constructive service by publication shall not be required to
1228	provide notice to an identified birth father whose consent is
1229	not required under pursuant to ss. 63.062 and 63.064.
1230	Section 14.  Section 63.089, Florida Statutes, is amended
1231	to read:
1232	63.089  Proceeding to terminate parental rights pending
1233	adoption; hearing; grounds; dismissal of petition; judgment.--
1234	(1)  HEARING.--The court may terminate parental rights
1235	pending adoption only after a hearing.
1236	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1237	only when:
1238	(a)  For each person whose consent to adoption is required
1239	under s. 63.062:
1240	1.  A consent under s. 63.082 has been executed and filed
1241	with the court;
1242	2.  An affidavit of nonpaternity under s. 63.082 has been
1243	executed and filed with the court;
1244	3.  Notice has been provided under ss. 63.087 and 63.088;
1245	or
1246	4.  The certificate from the Office of Vital Statistics has
1247	been provided to the court stating that a diligent search has
1248	been made of the Florida Putative Father Registry created in s.
1249	63.054 and that no filing has been found pertaining to the
1250	father of the child in question or, if a filing is found,
1251	stating the name of the putative father and the time and date of
1252	the filing.
1253	(b)  For each notice and petition that must be served under
1254	ss. 63.087 and 63.088:
1255	1.  At least 20 days have elapsed since the date of
1256	personal service of process and an affidavit of service has been
1257	filed with the court;
1258	2.  At least 30 days have elapsed since the first date of
1259	publication of constructive service and an affidavit of service
1260	has been filed with the court; or
1261	3.  An affidavit of nonpaternity, consent for adoption, or
1262	other document that which affirmatively waives service has been
1263	executed and filed with the court;
1264	(c)  The minor named in the petition has been born; and
1265	(d)  The petition contains all information required under
1266	s. 63.087 and all affidavits of inquiry, diligent search, and
1267	service required under s. 63.088 have been obtained and filed
1268	with the court.
1269	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1270	ADOPTION.--The court may enter a judgment terminating parental
1271	rights pending adoption if the court determines by clear and
1272	convincing evidence, supported by written findings of fact, that
1273	each person whose consent to adoption is required under s.
1274	63.062:
1275	(a)  Has executed a valid consent under s. 63.082 and the
1276	consent was obtained according to the requirements of this
1277	chapter;
1278	(b)  Has executed an affidavit of nonpaternity and the
1279	affidavit was obtained according to the requirements of this
1280	chapter;
1281	(c)  Has been served with a notice of the intended adoption
1282	plan in accordance with the provisions of s. 63.062(3) and has
1283	failed to respond within the designated time period;
1284	(d)  Has been properly served notice of the proceeding in
1285	accordance with the requirements of this chapter and has failed
1286	to file a written answer and or appear at the evidentiary
1287	hearing resulting in the judgment terminating parental rights
1288	pending adoption;
1289	(e)  Has been properly served notice of the proceeding in
1290	accordance with the requirements of this chapter and has been
1291	determined under subsection (4) to have abandoned the minor as
1292	defined in s. 63.032;
1293	(f)  Is a parent of the person to be adopted, which parent
1294	has been judicially declared incapacitated and for whom with
1295	restoration of competency to a degree that would enable the
1296	parent to fulfill parental responsibilities by providing for the
1297	physical and emotional needs of the minor child is found to be
1298	medically improbable within a reasonable period of time;
1299	(g)  Is a person who has legal custody of the person to be
1300	adopted, other than a parent, who has failed to respond in
1301	writing to a request for consent for a period of 60 days or,
1302	after examination of his or her written reasons for withholding
1303	consent, is found by the court to be withholding his or her
1304	consent unreasonably;
1305	(h)  Has been properly served notice of the proceeding in
1306	accordance with the requirements of this chapter, but has been
1307	found by the court, after examining written reasons for the
1308	withholding of consent, to be unreasonably withholding his or
1309	her consent; or
1310	(i)  Is the spouse of the person to be adopted who has
1311	failed to consent, and the failure of the spouse to consent to
1312	the adoption is excused by reason of prolonged and unexplained
1313	absence, unavailability, incapacity, or circumstances that are
1314	found by the court to constitute unreasonable withholding of
1315	consent.
1316	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1317	resulting in a termination of parental rights must be based upon
1318	clear and convincing evidence that a parent or person having
1319	legal custody has abandoned the child in accordance with the
1320	definition contained in s. 63.032(1). A finding of abandonment
1321	may be based upon physical or emotional abuse or a refusal or
1322	failure to provide reasonable financial support, when able, to a
1323	birth mother during her pregnancy. If, in the opinion of the
1324	court, the efforts of a parent or person having legal custody of
1325	the child to support and communicate with the child are only
1326	marginal efforts that do not evince a settled purpose to assume
1327	all parental duties, the court may declare the child to be
1328	abandoned. In making this decision, the court may consider the
1329	conduct of a father toward the child's mother during her
1330	pregnancy.
1331	(a)  In making a determination of abandonment at a hearing
1332	for termination of parental rights under pursuant to this
1333	chapter, the court must consider, among other relevant factors
1334	not inconsistent with this section:
1335	1.  Whether the actions alleged to constitute abandonment
1336	demonstrate a willful disregard for the safety or welfare of the
1337	child or unborn child;
1338	2.  Whether the person alleged to have abandoned the child,
1339	while being able, failed to provide financial support;
1340	3.  Whether the person alleged to have abandoned the child,
1341	while being able, failed to pay for medical treatment; and
1342	4.  Whether the amount of support provided or medical
1343	expenses paid was appropriate, taking into consideration the
1344	needs of the child and relative means and resources available to
1345	the person alleged to have abandoned the child.
1346	(b)  The child has been abandoned when the parent of a
1347	child is incarcerated on or after October 1, 2001, in a state or
1348	federal correctional institution and:
1349	1.  The period of time for which the parent has been or is
1350	expected to be incarcerated will constitute a significant
1351	substantial portion of the child's minority period of time
1352	before the child will attain the age of 18 years;
1353	2.  The incarcerated parent has been determined by the
1354	court to be a violent career criminal as defined in s. 775.084,
1355	a habitual violent felony offender as defined in s. 775.084,
1356	convicted of child abuse as defined in s. 827.03, or a sexual
1357	predator as defined in s. 775.21; has been convicted of first
1358	degree or second degree murder in violation of s. 782.04 or a
1359	sexual battery that constitutes a capital, life, or first degree
1360	felony violation of s. 794.011; or has been convicted of an
1361	offense in another jurisdiction which is substantially similar
1362	to one of the offenses listed in this subparagraph. As used in
1363	this section, the term "substantially similar offense" means any
1364	offense that is substantially similar in elements and penalties
1365	to one of those listed in this subparagraph, and that is in
1366	violation of a law of any other jurisdiction, whether that of
1367	another state, the District of Columbia, the United States or
1368	any possession or territory thereof, or any foreign
1369	jurisdiction; or
1370	3.  The court determines by clear and convincing evidence
1371	that continuing the parental relationship with the incarcerated
1372	parent would be harmful to the child and, for this reason, that
1373	termination of the parental rights of the incarcerated parent is
1374	in the best interest of the child.
1375	(5)  DISMISSAL OF PETITION.--If the court does not find by
1376	clear and convincing evidence that parental rights of a parent
1377	should be terminated pending adoption, the court must dismiss
1378	the petition and that parent's parental rights that were the
1379	subject of such petition shall remain in full force under the
1380	law. The order must include written findings in support of the
1381	dismissal, including findings as to the criteria in subsection
1382	(4) if rejecting a claim of abandonment. Parental rights may not
1383	be terminated based upon a consent that the court finds has been
1384	timely withdrawn under s. 63.082 or a consent to adoption or
1385	affidavit of nonpaternity that the court finds was obtained by
1386	fraud or duress. The court must enter an order based upon
1387	written findings providing for the placement of the minor. The
1388	court may order scientific testing to determine the paternity of
1389	the minor at any time during which the court has jurisdiction
1390	over the minor, upon a showing that the testing is in the best
1391	interest of the child. Further proceedings, if any, regarding
1392	the minor must be brought in a separate custody action under
1393	chapter 61, a dependency action under chapter 39, or a paternity
1394	action under chapter 742.
1395	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1396	ADOPTION.--
1397	(a)  The judgment terminating parental rights pending
1398	adoption must be in writing and contain findings of fact as to
1399	the grounds for terminating parental rights pending adoption.
1400	(b)  Within 7 days after filing, the court shall mail a
1401	copy of the judgment to the department. The clerk shall execute
1402	a certificate of the such mailing.
1403	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1404	(a)  A motion for relief from a judgment terminating
1405	parental rights must be filed with the court originally entering
1406	the judgment. The motion must be filed within a reasonable time,
1407	but not later than 1 year after the entry of the judgment
1408	terminating parental rights.
1409	(b)  No later than 30 days after the filing of a motion
1410	under this subsection, the court must conduct a preliminary
1411	hearing to determine what contact, if any, shall be permitted
1412	between a parent and the child pending resolution of the motion.
1413	The Such contact shall be considered only if it is requested by
1414	a parent who has appeared at the hearing. If the court orders
1415	contact between a parent and child, the order must be issued in
1416	writing as expeditiously as possible and must state with
1417	specificity the terms any provisions regarding contact with
1418	persons other than those with whom the child resides.
1419	(c)  At the preliminary hearing, the court, upon the motion
1420	of any party or upon its own motion, may order scientific
1421	testing to determine the paternity of the minor if the person
1422	seeking to set aside the judgment is a person whose consent is
1423	required alleging to be the child's father and that fact has not
1424	previously been determined by legitimacy or scientific testing
1425	and the testing is in the child's best interest. The court may
1426	order visitation with a person for whom scientific testing for
1427	paternity has been ordered and who has previously established a
1428	bonded relationship with the child.
1429	(d)  Unless otherwise agreed between the parties or for
1430	good cause shown, the court shall conduct a final hearing on the
1431	motion for relief from judgment within 45 days after the filing
1432	and enter its written order as expeditiously as possible
1433	thereafter.
1434	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1435	records pertaining to a petition to terminate parental rights
1436	pending adoption are related to the subsequent adoption of the
1437	minor and are subject to the provisions of s. 63.162. The
1438	confidentiality provisions of this chapter do not apply to the
1439	extent information regarding persons or proceedings must be made
1440	available as specified under s. 63.088.
1441	Section 15.  Section 63.092, Florida Statutes, is amended
1442	to read:
1443	63.092  Report to the court of intended placement by an
1444	adoption entity; at-risk placement; preliminary study.--
1445	(1)  REPORT TO THE COURT.--The adoption entity must report
1446	any intended placement of a minor for adoption with any person
1447	who is not a relative or a stepparent if the adoption entity has
1448	knowledge of, or participates in the, such intended placement.
1449	The report must be made to the court before the minor is placed
1450	in the home or within 48 hours thereafter. Failure to file the
1451	report of intended placement within 48 hours does not constitute
1452	grounds to deny the petition for termination of parental rights
1453	or adoption if the report is subsequently filed and no party is
1454	prejudiced by the failure to file the report in a timely manner.
1455	(2)  AT-RISK PLACEMENT.--If the minor is placed in the
1456	prospective adoptive home before the parental rights of the
1457	minor's parents are terminated under s. 63.089, the placement is
1458	an at-risk placement. If the placement is an at-risk placement,
1459	the prospective adoptive parents must acknowledge in writing
1460	before the minor may be placed in the prospective adoptive home
1461	that the placement is at risk. The prospective adoptive parents
1462	shall be advised by the adoption entity, in writing, that the
1463	minor is subject to removal from the prospective adoptive home
1464	by the adoption entity or by court order at any time before
1465	prior to the finalization of the adoption.
1466	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1467	the intended adoptive home, a preliminary home study must be
1468	performed by a licensed child-placing agency, a child-caring
1469	agency registered under s. 409.176, a licensed psychologist,
1470	clinical social worker, marriage and family therapist, or mental
1471	health counselor qualified and licensed to perform a home study
1472	in the state or country where the adoptive parent resides
1473	professional, or agency described in s. 61.20(2), unless the
1474	adoptee is an adult or the petitioner is a stepparent or a
1475	relative. If the adoptee is an adult or the petitioner is a
1476	stepparent or a relative, a preliminary home study may be
1477	required by the court for good cause shown to assist in
1478	determining whether the adoption is in the best interest of the
1479	adoptee and is in accordance with state law. The department is
1480	required to perform the preliminary home study only if there is
1481	no licensed child-placing agency, child-caring agency registered
1482	under s. 409.176, licensed professional, or agency described in
1483	s. 61.20(2), in the county where the prospective adoptive
1484	parents reside. The preliminary home study must be made to
1485	determine the suitability of the intended adoptive parents and
1486	may be completed before prior to identification of a prospective
1487	adoptive minor. A favorable preliminary home study is valid for
1488	1 year after the date of its completion. Upon its completion, a
1489	copy of the home study must be provided to the intended adoptive
1490	parents who were the subject of the home study. Unless a court
1491	approves, a minor may not be placed in an intended adoptive home
1492	before a favorable preliminary home study is completed unless
1493	the adoptive home is also a licensed foster home under s.
1494	409.175 or the placement is approved by the court. The
1495	preliminary home study must include, at a minimum:
1496	(a)  An interview with the intended adoptive parents;
1497	(b)  Records checks of the department's central abuse
1498	registry and criminal records correspondence checks under
1499	pursuant to s. 435.045 through the Department of Law Enforcement
1500	on the intended adoptive parents;
1501	(c)  An assessment of the physical environment of the home;
1502	(d)  A determination of the financial security of the
1503	intended adoptive parents;
1504	(e)  Documentation of counseling and education of the
1505	intended adoptive parents on adoptive parenting;
1506	(f)  Documentation that information on adoption and the
1507	adoption process has been provided to the intended adoptive
1508	parents;
1509	(g)  Documentation that information on support services
1510	available in the community has been provided to the intended
1511	adoptive parents; and
1512	(h)  A copy of each prospective adoptive parent's signed
1513	acknowledgment of receipt of disclosure required by s. 63.085.
1514
1515	If the preliminary home study is favorable, a minor may be
1516	placed in the home pending entry of the judgment of adoption. A
1517	minor may not be placed in the home if the preliminary home
1518	study is unfavorable. If the preliminary home study is
1519	unfavorable, the adoption entity may, within 20 days after
1520	receipt of a copy of the written recommendation, petition the
1521	court to determine the suitability of the intended adoptive
1522	home. A determination as to suitability under this subsection
1523	does not act as a presumption of suitability at the final
1524	hearing. In determining the suitability of the intended adoptive
1525	home, the court must consider the totality of the circumstances
1526	in the home. No minor may be placed in a home in which there
1527	resides any person determined by the court to be a sexual
1528	predator as defined in s. 775.21 or to have been convicted of an
1529	offense listed in s. 63.089(4)(b)2.
1530	Section 16.  Subsection (1), paragraphs (b) and (f) of
1531	subsection (2), subsection (3), and paragraph (c) of subsection
1532	(5) of section 63.097, Florida Statutes, are amended to read:
1533	63.097  Fees.--
1534	(1)  When the adoption entity is an agency, fees may be
1535	assessed if they are approved by the department within the
1536	process of licensing the agency. and if they are for:
1537	(a)  Foster care expenses;
1538	(b)  Preplacement and postplacement social services; and
1539	(c)  Agency facility and administrative costs.
1540	(2)  The following fees, costs, and expenses may be
1541	assessed by the adoption entity or paid by the adoption entity
1542	on behalf of the prospective adoptive parents:
1543	(b)  Reasonable and necessary medical expenses. These Such
1544	expenses may be paid during the pregnancy and for a period of up
1545	to 6 weeks postpartum. A court may approve payment of medical
1546	expenses incurred beyond 6 weeks if it finds that extraordinary
1547	circumstances justify the payment.
1548	(f)  The following professional fees:
1549	1.  A reasonable hourly fee or flat fee necessary to
1550	provide legal representation to the adoptive parents, birth
1551	parents, or adoption entity in a proceeding filed under this
1552	chapter.
1553	2.  A reasonable hourly fee or flat fee for contact with
1554	the parent related to the adoption. In determining a reasonable
1555	hourly fee under this subparagraph, the court must consider if
1556	the tasks done were clerical or of such a nature that the matter
1557	could have been handled by support staff at a lesser rate than
1558	the rate for legal representation charged under subparagraph 1.
1559	Such tasks include, but need not be limited to, transportation,
1560	transmitting funds, arranging appointments, and securing
1561	accommodations.
1562	3.  A reasonable hourly fee for counseling services
1563	provided to a parent or a prospective adoptive parent by a
1564	psychologist licensed under chapter 490 or a clinical social
1565	worker, marriage and family therapist, or mental health
1566	counselor licensed under chapter 491, or a counselor who is
1567	employed by an adoption entity accredited by the Council on
1568	Accreditation of Services for Children and Families to provide
1569	pregnancy counseling and supportive services.
1570	(3)  Approval of the court is not required until the total
1571	of amounts permitted under subsection (2) exceeds:
1572	(a)  $5,000 per law firm in legal or other fees;
1573	(b)  $800 in court costs; or
1574	(c)  $5,000 in reasonable and necessary living and medical
1575	expenses.
1576	(5)  The following fees, costs, and expenses are
1577	prohibited:
1578	(c)  Any fee on the affidavit which does not specify the
1579	service that was provided and for which the fee is being
1580	charged, such as a fee for facilitation, acquisition, or other
1581	similar service, or an hourly rate which does not identify the
1582	date the service was provided, the time required to provide the
1583	service, the person or entity providing the service, and the
1584	hourly fee charged.
1585	Section 17.  Section 63.102, Florida Statutes, is amended
1586	to read:
1587	63.102  Filing of petition for adoption or declaratory
1588	statement; venue; proceeding for approval of fees and costs.--
1589	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1590	not be filed until after the entry of the judgment or decree
1591	terminating parental rights pending adoption under this chapter,
1592	unless the adoptee is an adult or, the petitioner is a
1593	stepparent or a relative, or the minor has been the subject of a
1594	judgment terminating parental rights under chapter 39. After a
1595	judgment terminating parental rights has been entered, a
1596	proceeding for adoption may be commenced by filing a petition
1597	entitled, "In the Matter of the Adoption of ____" in the circuit
1598	court. The person to be adopted shall be designated in the
1599	caption in the name by which he or she is to be known if the
1600	petition is granted. At the request of a party, the Any name by
1601	which the minor was previously known may not be disclosed in the
1602	petition, the notice of hearing according to s. 63.122(3), or
1603	the judgment of adoption, or court docket according to s.
1604	63.162(3).
1605	(2)  VENUE.--A petition for adoption or for a declaratory
1606	statement as to the adoption contract may shall be filed in the
1607	county where the petition for termination of parental rights was
1608	granted, in unless the court, in accordance with s. 47.122,
1609	changes the venue to the county where the petitioner or
1610	petitioners or the minor resides, or where the adoption entity
1611	with which the minor has been placed is located. The circuit
1612	court in this state may must retain jurisdiction over the matter
1613	until a final judgment is entered on the adoption. The Uniform
1614	Child Custody Jurisdiction and Enforcement Act does not apply
1615	until a final judgment is entered on the adoption.
1616	(3)  FILING OF ADOPTION PETITION REQUIRED.--Except in cases
1617	in which the minor child was placed by the department and unless
1618	leave of court is granted for good cause shown, a petition for
1619	adoption shall be filed not later than 60 days after entry of
1620	the final judgment terminating parental rights.
1621	(4)  CONFIDENTIALITY.--If the filing of the petition for
1622	adoption or for a declaratory statement as to the adoption
1623	contract in the county where the petitioner or minor resides
1624	would tend to endanger the privacy of the petitioner or minor,
1625	the petition for adoption may be filed in a different county,
1626	provided the substantive rights of any person will not thereby
1627	be affected.
1628	(5)  PRIOR APPROVAL OF FEES AND COSTS.--A proceeding for
1629	prior approval of fees and costs may be commenced any time after
1630	an agreement is reached with between the birth mother or and the
1631	adoptive parents by filing a petition or motion for declaratory
1632	statement on the agreement entitled "In the Matter of the
1633	Proposed Adoption of a Minor Child" in the circuit court.
1634	(a)  The petition must be filed by the adoption entity with
1635	the consent of the parties to the agreement.
1636	(b)  A contract for the payment of fees, costs, and
1637	expenses permitted under this chapter must be in writing, and
1638	any person who enters into the contract has 3 business days in
1639	which to cancel the contract unless placement of the child has
1640	occurred. To cancel the contract, the person must notify the
1641	adoption entity in writing by certified United States mail,
1642	return receipt requested, no later than 3 business days after
1643	signing the contract. For the purposes of this subsection, the
1644	term "business day" means a day on which the United States
1645	Postal Service accepts certified mail for delivery. If the
1646	contract is canceled within the first 3 business days, the
1647	person who cancels the contract does not owe any legal,
1648	intermediary, or other fees, but may be responsible for the
1649	adoption entity's actual costs during that time.
1650	(c)  The court may grant approval only of fees and expenses
1651	permitted under s. 63.097. A prior approval of prospective fees
1652	and costs creates shall create a presumption that these items
1653	will subsequently be approved by the court under s. 63.132. The
1654	court, under s. 63.132, may order an adoption entity to refund
1655	any amounts paid under this subsection that are subsequently
1656	found by the court to be greater than fees, costs, and expenses
1657	actually incurred.
1658	(d)  The contract may not require, and the court may not
1659	approve, any amount that constitutes payment for locating a
1660	minor for adoption except as authorized under s. 63.212(1).
1661	(e)  A declaratory statement as to the adoption contract,
1662	regardless of when filed, shall be consolidated with any related
1663	petition for adoption. The clerk of the court shall only assess
1664	one filing fee that includes the adoption action, the
1665	declaratory statement petition, and the petition for termination
1666	of parental rights.
1667	(f)  Prior approval of fees and costs by the court does not
1668	obligate the parent to ultimately relinquish the minor for
1669	adoption.
1670	(6)  STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
1671	for the adoption of a stepchild, a relative, or an adult may
1672	shall not require the filing of a separate judgment or separate
1673	proceeding terminating parental rights pending adoption. The
1674	final judgment of adoption has shall have the effect of
1675	terminating parental rights simultaneously with the granting of
1676	the decree of adoption.
1677	Section 18.  Subsection (2) of section 63.112, Florida
1678	Statutes, is amended to read:
1679	63.112  Petition for adoption; description; report or
1680	recommendation, exceptions; mailing.--
1681	(2)  The following documents are required to be filed with
1682	the clerk of the court at the time the petition is filed:
1683	(a)  A certified copy of the court judgment terminating
1684	parental rights under chapter 39 or under this chapter or, if
1685	the adoptee is an adult or a minor relative or stepchild of the
1686	petitioner, the required consent, unless the such consent is
1687	excused by the court.
1688	(b)  The favorable preliminary home study of the
1689	department, licensed child-placing agency, or professional under
1690	pursuant to s. 63.092, as to the suitability of the home in
1691	which the minor has been placed, unless the petitioner is a
1692	stepparent or a relative.
1693	(c)  A copy of any declaratory statement previously entered
1694	by the court under pursuant to s. 63.102.
1695	(d)  Documentation that an interview was held with the
1696	minor, if older than 12 years of age, unless the court, in the
1697	best interest of the minor, dispenses with the minor's consent
1698	under s. 63.062(1)(c).
1699	Section 19.  Subsections (3) and (5) of section 63.122,
1700	Florida Statutes, are amended to read:
1701	63.122  Notice of hearing on petition.--
1702	(3)  Upon a showing by the petitioner that the privacy,
1703	safety, or and welfare of the petitioner or minor may be
1704	endangered, the court may order the names, addresses, or other
1705	identifying information of the petitioner, parent, or minor, or
1706	all both, to be deleted from the notice of hearing and from the
1707	copy of the petition attached thereto, provided the substantive
1708	rights of any person will not thereby be affected.
1709	(5)  After filing the petition to adopt an adult, the court
1710	may order an appropriate investigation to assist in determining
1711	whether the adoption is in the best interest of the persons
1712	involved and is in accordance with state law.
1713	Section 20.  Subsection (4) of section 63.125, Florida
1714	Statutes, is amended to read:
1715	63.125  Final home investigation.--
1716	(4)  The department, the licensed child-placing agency, or
1717	the professional making the required investigation may request
1718	other state agencies, licensed professionals qualified to
1719	conduct a home study, or child-placing agencies within or
1720	outside this state to make investigations of designated parts of
1721	the inquiry and to make a written report to the department, the
1722	professional, or other person or agency.
1723	Section 21.  Subsections (1) and (4) of section 63.132,
1724	Florida Statutes, are amended to read:
1725	63.132  Affidavit of expenses and receipts.--
1726	(1)  Before the hearing on the petition for adoption, the
1727	prospective adoptive parent and any adoption entity must file
1728	two copies of an affidavit itemizing under this section.
1729	(a)  The affidavit must be signed by the adoption entity
1730	and the prospective adoptive parents. A copy of the affidavit
1731	must be provided to the adoptive parents at the time the
1732	affidavit is executed.
1733	(b)  The affidavit must itemize all disbursements and
1734	receipts of anything of value, including all professional and
1735	legal fees, made or agreed to be made by or on behalf of the
1736	prospective adoptive parent and any adoption entity in
1737	connection with the placement of adoption or in connection with
1738	any prior proceeding to terminate parental rights which involved
1739	the minor who is the subject of the petition for adoption. The
1740	affidavit must also include, for each legal or counseling fee
1741	itemized, the service provided for which the fee is being
1742	charged, the date the service was provided, the time required to
1743	provide the service if the service was charged by the hour, the
1744	person or entity that provided the service, and the hourly fee
1745	charged.
1746	(c)  The affidavit must show any expenses or receipts
1747	incurred in connection with:
1748	(a)1.  The birth of the minor.
1749	(b)2.  The placement of the minor with the petitioner.
1750	(c)3.  The medical or hospital care received by the mother
1751	or by the minor during the mother's prenatal care and
1752	confinement.
1753	(d)4.  The living expenses of the birth mother. The living
1754	expenses must be itemized in detail to apprise the court of the
1755	exact expenses incurred.
1756	(e)5.  The services relating to the adoption or to the
1757	placement of the minor for adoption that were received by or on
1758	behalf of the petitioner, the adoption entity, either parent,
1759	the minor, or any other person.
1760	(f)  All fees charged in connection with the placement of
1761	the minor.
1762
1763	The affidavit must state whether any of these expenses were paid
1764	for by collateral sources, including, but not limited to, health
1765	insurance, Medicaid, Medicare, or public assistance.
1766	(4)  This section does not apply to an adoption by a
1767	stepparent or an adoption of a relative or adult, does not apply
1768	to the finalization of an adoption of a minor whose parental
1769	rights were terminated under chapter 39, and does not apply to
1770	the domestication of an adoption decree of a minor child adopted
1771	in a foreign country.
1772	Section 22.  Subsection (1) of section 63.135, Florida
1773	Statutes, is amended to read:
1774	63.135  Information under oath to be submitted to the
1775	court.--
1776	(1)  The adoption entity or petitioner must file an
1777	affidavit under the Uniform Child Custody Jurisdictional and
1778	Enforcement Act in a termination of parental rights Each party
1779	in an adoption proceeding, in the first pleading or in an
1780	affidavit attached to that pleading, shall give information
1781	under oath as to the child's present address, the places where
1782	the child has lived within the last 5 years, and the names and
1783	present addresses of the persons with whom the child has lived
1784	during that period. In the pleading or affidavit each party
1785	shall further declare under oath whether:
1786	(a)  The party has participated as a party or witness or in
1787	any other capacity in any other litigation concerning the
1788	custody of the same child in this or any other state;
1789	(b)  The party has information of any custody proceeding
1790	concerning the child pending in a court of this or any other
1791	state; and
1792	(c)  The party knows of any person not a party to the
1793	proceedings who has physical custody of the child or claims to
1794	have custody or visitation rights with respect to the child.
1795	Section 23.  Subsections (3) and (4) of section 63.142,
1796	Florida Statutes, are amended to read:
1797	63.142  Hearing; judgment of adoption.--
1798	(3)  DISMISSAL.--
1799	(a)  If the petition is dismissed, further proceedings, if
1800	any, regarding the minor must be brought in a separate custody
1801	action under chapter 61, a dependency action under chapter 39,
1802	or a paternity action under chapter 742 the court shall
1803	determine the person that is to have custody of the minor.
1804	(b)  If the petition is dismissed, the court shall state
1805	with specificity the reasons for the dismissal.
1806	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1807	court determines that the date for a parent to file an appeal of
1808	a valid judgment terminating that parent's parental rights has
1809	passed and no appeal, under pursuant to the Florida Rules of
1810	Appellate Procedure, is pending and that the adoption is in the
1811	best interest of the person to be adopted, a judgment of
1812	adoption shall be entered. A judgment terminating parental
1813	rights pending adoption is voidable and any later judgment of
1814	adoption of that minor is voidable if, upon a parent's motion
1815	for relief from judgment, the court finds that the adoption
1816	fails to substantially meet the requirements of this chapter.
1817	The motion must be filed within a reasonable time, but not later
1818	than 1 year after the date the judgment terminating parental
1819	rights was entered.
1820	Section 24.  Section 63.152, Florida Statutes, is amended
1821	to read:
1822	63.152  Application for new birth record.--Within 30 days
1823	after entry of a judgment of adoption, the clerk of the court
1824	shall transmit a certified statement of the entry to the state
1825	registrar of vital statistics in the state where the adoptee was
1826	born on a form provided by the registrar. A new birth record
1827	containing the necessary information supplied by the certificate
1828	shall be issued by the registrar on application of the adopting
1829	parents or the adopted person.
1830	Section 25.  Subsections (1), (3), (4), and (7) of section
1831	63.162, Florida Statutes, are amended, and subsection (8) is
1832	added to that section, to read:
1833	63.162  Hearings and records in adoption proceedings;
1834	confidential nature.--
1835	(1)  All hearings held in proceedings under this chapter
1836	act shall be held in closed court without admittance of any
1837	person other than essential officers of the court, the parties,
1838	witnesses, counsel, persons who have not consented to the
1839	adoption and are required to consent, and representatives of the
1840	agencies who are present to perform their official duties.
1841	(3)  The court files, records, and papers in the adoption
1842	of a minor shall be indexed only in the name of the petitioner,
1843	and the name of the petitioner and the minor may shall not be
1844	noted on any docket, index, or other record outside the court
1845	file, except that closed agency files may be cross-referenced in
1846	the original and adoptive names of the minor. The index is not
1847	subject to the public records law and is not open to public
1848	inspection.
1849	(4)  A person may not disclose from the records the name
1850	and identity of a birth parent, an adoptive parent, or an
1851	adoptee unless:
1852	(a)  The birth parent authorizes in writing the release of
1853	his or her name and files the release with the adoption entity,
1854	an adoption reunion registry, the department, or the court;
1855	(b)  The adoptee, if 18 or more years of age, authorizes in
1856	writing the release of his or her name; or, if the adoptee is
1857	less than 18 years of age, written consent to disclose the
1858	adoptee's name is obtained from an adoptive parent;
1859	(c)  The adoptive parent authorizes in writing the release
1860	of his or her name; or
1861	(d)  Upon order of the court for good cause shown.  In
1862	determining whether good cause exists, the court shall give
1863	primary consideration to the best interests of the adoptee, but
1864	must also give due consideration to the interests of the
1865	adoptive and birth parents.  Factors to be considered in
1866	determining whether good cause exists include, but are not
1867	limited to:
1868	1.  The reason the information is sought;
1869	2.  The existence of means available to obtain the desired
1870	information without disclosing the identity of the birth
1871	parents, such as by having the court, a person appointed by the
1872	court, the department, or the licensed child-placing agency
1873	contact the birth parents and request specific information;
1874	3.  The desires, to the extent known, of the adoptee, the
1875	adoptive parents, and the birth parents;
1876	4.  The age, maturity, judgment, and expressed needs of the
1877	adoptee; and
1878	5.  The recommendation of the department, licensed child-
1879	placing agency, or professional which prepared the preliminary
1880	study and home investigation, or the department if no such study
1881	was prepared, concerning the advisability of disclosure.
1882	(7)  The court may, upon petition of an adult adoptee, for
1883	good cause shown, appoint an intermediary or a licensed child-
1884	placing agency to contact a birth parent to who has not
1885	registered with the adoption registry pursuant to s. 63.165 and
1886	advise him or her them of the adoptee's request to open the file
1887	or the adoption registry, and offer the birth parent the
1888	opportunity to waive confidentiality and consent to the opening
1889	of his or her records availability of same.
1890	(8)  As a result of any proceeding under s. 382.015, this
1891	section, or any other proceeding to unseal an original birth
1892	certificate, the Office of Vital Statistics may release an
1893	original sealed birth certificate only to the department. The
1894	department must make a written request for the birth certificate
1895	from the Office of Vital Statistics within 10 days after the
1896	department's receipt of an order or other documentation
1897	authorizing unsealing of the original birth certificate. Upon
1898	receipt of the department's request, the Office of Vital
1899	Statistics shall release the original sealed birth certificate
1900	to the department in a manner that will ensure confidentiality.
1901	Section 26.  Section 63.192, Florida Statutes, is amended
1902	to read:
1903	63.192  Recognition of foreign judgment affecting
1904	adoption.--A judgment or decree granting legal guardianship for
1905	purposes of adoption, of court terminating the relationship of
1906	parent and child, or establishing the relationship by adoption
1907	issued under pursuant to due process of law by a court or
1908	authorized body of any other jurisdiction within or without the
1909	United States shall be recognized in this state, and the rights
1910	and obligations of the parties on matters within the
1911	jurisdiction of this state shall be determined as though the
1912	judgment were issued by a court of this state. A judgment or
1913	decree of a court or authorized body terminating the
1914	relationship of a parent and child, whether independent,
1915	incorporated in an adoption decree, or incorporated in a legal
1916	guardianship order issued pursuant to due process of law of any
1917	other jurisdiction within or without the United States, shall be
1918	deemed to effectively terminate parental rights for purposes of
1919	proceeding on a petition for adoption in this state. When a
1920	minor child has been made available for adoption in a foreign
1921	state or foreign country and the parental rights of the minor
1922	child's parent have been terminated, or the child has been
1923	declared to be abandoned or orphaned, no additional termination
1924	of parental rights proceeding need occur, and the adoption may
1925	be finalized according to the procedures set forth in this
1926	chapter.
1927	Section 27.  Section 63.207, Florida Statutes, is amended
1928	to read:
1929	63.207  Out-of-state placement.--
1930	(1)  Unless the parent placing a minor for adoption files
1931	an affidavit that the parent chooses to place the minor outside
1932	the state, giving the reason for that placement, or the minor is
1933	to be placed with a relative or with a stepparent, or the minor
1934	is a special needs child, as defined in s. 409.166, or for other
1935	good cause shown, an adoption entity may not:
1936	(a)  Take or send a minor out of the state for the purpose
1937	of placement for adoption; or
1938	(b)  Place or attempt to place a minor for the purpose of
1939	adoption with a family who primarily lives and works outside
1940	Florida in another state. If an adoption entity is acting under
1941	this subsection, the adoption entity must file a petition for
1942	declaratory statement under pursuant to s. 63.102 for prior
1943	approval of fees and costs. The court shall review the costs
1944	under pursuant to s. 63.097. The petition for declaratory
1945	statement may must be consolidated with converted to a petition
1946	for an adoption upon placement of the minor in the home. When a
1947	minor is placed for adoption with prospective adoptive parents
1948	who primarily live and work outside this state, the circuit
1949	court in this state may retain jurisdiction over the matter
1950	until the adoption becomes final. The prospective adoptive
1951	parents may finalize the adoption in this state or their home
1952	state.
1953	(2)  An adoption entity may not counsel a birth mother to
1954	leave the state for the purpose of giving birth to a child
1955	outside the state in order to secure a fee in excess of that
1956	permitted under s. 63.097 when it is the intention that the
1957	child is to be placed for adoption outside the state.
1958	(3)  When applicable, the Interstate Compact on the
1959	Placement of Children authorized in s. 409.401 shall be used in
1960	placing children outside the state for adoption, unless excused
1961	by the court for good cause shown.
1962	Section 28.  Paragraphs (b), (c), and (f) of subsection (1)
1963	and subsections (2) and (7) of section 63.212, Florida Statutes,
1964	are amended to read:
1965	63.212  Prohibited acts; penalties for violation.--
1966	(1)  It is unlawful for any person:
1967	(b)  Except an adoption entity, to place or attempt to
1968	place within the state a minor for adoption unless the minor is
1969	placed with a relative or with a stepparent. This prohibition,
1970	however, does not apply to a person who is placing or attempting
1971	to place a minor for the purpose of adoption with the adoption
1972	entity or the prospective adoptive parents.
1973	(c)  To sell or surrender, or to arrange for the sale or
1974	surrender of, a minor to another person for money or anything of
1975	value or to receive a such minor child for a such payment or
1976	thing of value. If a minor is being adopted by a relative or by
1977	a stepparent, or is being adopted through an adoption entity,
1978	this paragraph does not prohibit the person who is contemplating
1979	adopting the child from paying, under ss. 63.097 and 63.132, the
1980	actual prenatal care and living expenses of the mother of the
1981	child to be adopted, or from paying, under ss. 63.097 and
1982	63.132, the actual living and medical expenses of the such
1983	mother under these sections for a reasonable time, not to exceed
1984	6 weeks, if medical needs require such support, after the birth
1985	of the minor.
1986	(f)  Except an adoption entity, to charge or accept any fee
1987	or compensation of any nature from anyone for making a referral
1988	in connection with an adoption or for providing adoption
1989	services, facilitating, matching, or placement services.
1990	(2)(a)  It is unlawful for any person under this chapter
1991	to:
1992	1.  Knowingly provide false information; or
1993	2.  Knowingly withhold material information.
1994	(b)  It is unlawful for a parent, with the intent to
1995	defraud, to accept benefits related to the same pregnancy from
1996	more than one adoption entity without disclosing that fact to
1997	each entity.
1998	(c)  It is unlawful for any person who knows that the
1999	parent whose rights are to be terminated intends to object to
2000	said termination to intentionally file the petition for
2001	termination of parental rights in a county inconsistent with the
2002	required venue under such circumstances.
2003
2004	Any person who willfully violates any provision of this
2005	subsection commits a misdemeanor of the second degree,
2006	punishable as provided in s. 775.082 or s. 775.083. In addition,
2007	the such person is liable for damages caused by the such acts or
2008	omissions, including reasonable attorney's fees and costs.
2009	Damages may be awarded through restitution in any related
2010	criminal prosecution or by filing a separate civil action.
2011	(7)  It is unlawful for any adoptive parent or adoption
2012	entity to obtain a preliminary home study or final home
2013	investigation and fail to disclose the existence of the study or
2014	investigation to the court when required by law to do so.
2015	Section 29.  Subsection (4) and paragraph (c) of subsection
2016	(6) of section 63.213, Florida Statutes, are amended to read:
2017	63.213  Preplanned adoption agreement.--
2018	(4)  An attorney who represents an intended father and
2019	intended mother or any other attorney with whom that attorney is
2020	associated shall not represent simultaneously a female who is or
2021	proposes to be a volunteer mother in the same any matter
2022	relating to a preplanned adoption agreement or preplanned
2023	adoption arrangement.
2024	(6)  As used in this section, the term:
2025	(c)  "Fertility technique" means artificial embryonation,
2026	or artificial insemination, whether in vivo or in vitro, egg
2027	donation, or embryo adoption.
2028	Section 30.  Section 63.236, Florida Statutes, is created
2029	to read:
2030	63.236  Petitions filed before effective date; governing
2031	law.--Any petition for termination of parental rights filed
2032	before the July 1, 2005, shall be governed by the law in effect
2033	at the time the petition was filed.
2034	Section 31.  Paragraph (a) of subsection (2), paragraph (a)
2035	of subsection (3), and subsection (5) of section 409.166,
2036	Florida Statutes, are amended to read:
2037	409.166  Special needs children; subsidized adoption
2038	program.--
2039	(2)  DEFINITIONS.--As used in this section, the term:
2040	(a)  "Special needs child" means a child whose permanent
2041	custody has been awarded to the department or to a licensed
2042	child-placing agency or placed through an adoptive intermediary
2043	and:
2044	1.  Who has established significant emotional ties with his
2045	or her foster parents; or
2046	2.  Is not likely to be adopted because he or she is:
2047	a.  Eight years of age or older;
2048	b.  Mentally retarded;
2049	c.  Physically or emotionally handicapped;
2050	d.  Of black or racially mixed parentage; or
2051	e.  A member of a sibling group of any age, provided two or
2052	more members of a sibling group remain together for purposes of
2053	adoption.
2054	(3)  ADMINISTRATION OF PROGRAM.--
2055	(a)  The department shall establish and administer an
2056	adoption program for special needs children to be carried out by
2057	the department or by contract with a licensed child-placing
2058	agency or adoptive intermediary. The program shall attempt to
2059	increase the number of persons seeking to adopt special needs
2060	children and the number of adoption placements and shall extend
2061	subsidies and services, when needed, to the adopting parents of
2062	a special needs child.
2063	(5)  WAIVER OF ADOPTION FEES.--The adoption fees shall be
2064	waived for all adoptive parents who participate in the program
2065	who adopt children in the custody of the department.  Fees may
2066	be waived for families who adopt children in the custody of
2067	licensed child-placing agencies or who adopt children through
2068	intermediary-placed independent adoptions, and who receive or
2069	may be eligible for subsidies through the department.
2070	Retroactive reimbursement of fees may not be required for
2071	families who adopt children in the custody of licensed child-
2072	placing agencies.
2073	Section 32.  Paragraph (b) of subsection (5), paragraph (b)
2074	of subsection (10), paragraph (b) of subsection (11), and
2075	subsection (14) of section 409.176, Florida Statutes, are
2076	amended to read:
2077	409.176  Registration of residential child-caring agencies
2078	and family foster homes.--
2079	(5)  The licensing provisions of s. 409.175 do not apply to
2080	a facility operated by an organization that:
2081	(b)  Is certified by a Florida statewide child care
2082	organization which was in existence on January 1, 1984, and
2083	which publishes, and requires compliance with, its standards and
2084	files copies thereof with the department. These Such standards
2085	shall be in substantial compliance with published minimum
2086	standards that similar licensed child-caring agencies, licensed
2087	child-placing agencies, or family foster homes are required to
2088	meet, as determined by the department, with the exception of
2089	those standards of a curricular or religious nature and those
2090	relating to staffing or financial stability of licensed child-
2091	caring agencies or foster homes. Once the department has
2092	determined that the standards for child-caring agencies, child-
2093	placing agencies, or family foster homes are in substantial
2094	compliance with minimum standards that similar facilities are
2095	required to meet, the standards do not have to be resubmitted to
2096	the department unless a change occurs in the standards. Any
2097	changes in the standards shall be provided to the department
2098	within 10 days of their adoption.
2099	(10)
2100	(b)  The qualified association shall notify the department
2101	when the qualified association finds, within 30 days after
2102	written notification by registered mail of the requirement for
2103	registration, that a person or facility continues to care for
2104	children without a certificate of registration. The department
2105	shall notify the appropriate state attorney of the violation of
2106	law and, if necessary, shall institute a civil suit to enjoin
2107	the person or facility from continuing the care or placement of
2108	children.
2109	(11)
2110	(b)  If the department determines that a person or facility
2111	is caring for or placing a child without a valid certificate of
2112	registration issued by the qualified association or has made a
2113	willful or intentional misstatement on any registration
2114	application or other document required to be filed in connection
2115	with an application for a certificate of registration, the
2116	qualified association, as an alternative to or in conjunction
2117	with an administrative action against the such person or
2118	facility, shall make a reasonable attempt to discuss each
2119	violation with, and recommend corrective action to, the person
2120	or the administrator of the facility, prior to written
2121	notification thereof.
2122	(14)  Registration under this section, including the issue
2123	of substantial compliance with published minimum standards that
2124	similar licensed child-caring facilities, licensed child-placing
2125	agencies, or family foster homes are required to meet, as
2126	provided in paragraph (5)(b), is subject to the provisions of
2127	chapter 120.
2128	Section 33.  Section 742.14, Florida Statutes, is amended
2129	to read:
2130	742.14  Donation of eggs, sperm, or preembryos.--The donor
2131	of any egg, sperm, or preembryo, or embryo, other than the
2132	commissioning couple or a father who has executed a preplanned
2133	adoption agreement under s. 63.212, shall relinquish all
2134	maternal or paternal rights and obligations with respect to the
2135	donation or the resulting children simultaneously upon the
2136	completion of the donation. Only reasonable compensation
2137	directly related to the donation of eggs, sperm, and preembryos,
2138	and embryos shall be permitted.
2139	Section 34.  Subsection (2) of section 742.15, Florida
2140	Statutes, is amended to read:
2141	742.15  Gestational surrogacy contract.--
2142	(2)  The commissioning couple shall enter into a contract
2143	with a gestational surrogate only when, within reasonable
2144	medical certainty as determined by a physician licensed under
2145	chapter 458 or chapter 459 or a physician licensed under an
2146	equivalent law in the physician's state of practice:
2147	(a)  The commissioning mother cannot physically gestate a
2148	pregnancy to term;
2149	(b)  The gestation will cause a risk to the physical health
2150	of the commissioning mother; or
2151	(c)  The gestation will cause a risk to the health of the
2152	fetus.
2153	Section 35.  Section 742.18, Florida Statutes, is created
2154	to read:
2155	742.18  Prohibited fees and acts.--
2156	(1)  A person or entity, except a licensed physician,
2157	fertility clinic, or attorney, may not:
2158	(a)  Receive compensation in advising or assisting in donor
2159	or gestational carrier arrangements.
2160	(b)  Advertise or offer to the public, in any way, by any
2161	medium whatsoever, that a donor, carrier, or intended parent is
2162	sought for or available for matching or that the person or
2163	entity provides services in the arrangements.
2164	(c)  Publish or broadcast any advertisement except that an
2165	intended parent or parents, carrier, or donor seeks a donor,
2166	intended parent, or carrier for the person's or entity's own
2167	arrangement.
2168	(d)  Charge or accept any fee or compensation of any nature
2169	to or from anyone for making a referral in connection with a
2170	donor or carrier agreement or for facilitating such an
2171	arrangement.
2172	(e)  Hold funds in escrow in a donor or gestational carrier
2173	arrangement.
2174	(f)  Assist in the commission of any act in paragraphs (a)-
2175	(e).
2176	(2)  A fee, whether denominated as an agent, agency,
2177	finder, or facilitator's fee for finding, screening, matching,
2178	or facilitating a donor or gestational carrier arrangement, may
2179	not be paid to or received by a person other than a licensed
2180	physician, fertility clinic, or attorney.
2181	(3)  A person or entity who violates this section may be
2182	enjoined by a court from engaging in these practices in this
2183	state.
2184	(4)(a)  A person who willfully violates this section
2185	commits a misdemeanor of the second degree, punishable as
2186	provided in s. 775.082 or s. 775.083. Each day of a continuing
2187	violation constitutes a separate offense.
2188	(b)  A person who violates this section is liable for
2189	damages caused by his or her acts or omissions and for
2190	reasonable attorney's fees and costs. Damages may be awarded
2191	through restitution in any related criminal prosecution or by
2192	filing a separate civil action.
2193	Section 36.  For the purpose of incorporating the amendment
2194	made by this act to section 63.062, Florida Statutes, in a
2195	reference thereto, subsection (49) of section 39.01, Florida
2196	Statutes, is reenacted to read:
2197	39.01  Definitions.--When used in this chapter, unless the
2198	context otherwise requires:
2199	(49)  "Parent" means a woman who gives birth to a child and
2200	a man whose consent to the adoption of the child would be
2201	required under s. 63.062(1). If a child has been legally
2202	adopted, the term "parent" means the adoptive mother or father
2203	of the child. The term does not include an individual whose
2204	parental relationship to the child has been legally terminated,
2205	or an alleged or prospective parent, unless the parental status
2206	falls within the terms of s. 39.503(1) or s. 63.062(1). For
2207	purposes of this chapter only, when the phrase "parent or legal
2208	custodian" is used, it refers to rights or responsibilities of
2209	the parent and, only if there is no living parent with intact
2210	parental rights, to the rights or responsibilities of the legal
2211	custodian who has assumed the role of the parent.
2212	Section 37.  For the purpose of incorporating the amendment
2213	made by this act to section 63.062, Florida Statutes, in a
2214	reference thereto, subsection (39) of section 984.03, Florida
2215	Statutes, is reenacted to read:
2216	984.03  Definitions.--When used in this chapter, the term:
2217	(39)  "Parent" means a woman who gives birth to a child and
2218	a man whose consent to the adoption of the child would be
2219	required under s. 63.062(1). If a child has been legally
2220	adopted, the term "parent" means the adoptive mother or father
2221	of the child. The term does not include an individual whose
2222	parental relationship to the child has been legally terminated,
2223	or an alleged or prospective parent, unless the parental status
2224	falls within the terms of either s. 39.503(1) or s. 63.062(1).
2225	Section 38.  For the purpose of incorporating the amendment
2226	made by this act to section 63.062, Florida Statutes, in a
2227	reference thereto, subsection (40) of section 985.03, Florida
2228	Statutes, is reenacted to read:
2229	985.03  Definitions.--When used in this chapter, the term:
2230	(40)  "Parent" means a woman who gives birth to a child and
2231	a man whose consent to the adoption of the child would be
2232	required under s. 63.062(1). If a child has been legally
2233	adopted, the term "parent" means the adoptive mother or father
2234	of the child. The term does not include an individual whose
2235	parental relationship to the child has been legally terminated,
2236	or an alleged or prospective parent, unless the parental status
2237	falls within the terms of either s. 39.503(1) or s. 63.062(1).
2238	Section 39.  This act shall take effect July 1, 2005.

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