HB 1299CS

CHAMBER ACTION




1The Health & Families Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to adoption; amending s. 63.022, F.S.;
7providing legislative intent; amending s. 63.032, F.S.;
8redefining terms and defining the term "primarily lives
9and works in Florida"; amending s. 63.039, F.S.; requiring
10an adoption entity to diligently search for a person whose
11consent is required for the adoption; amending s. 63.0423,
12F.S.; providing that a judgment of adoption is voidable
13under certain circumstances if a court finds that a person
14whose consent is required gave false information; amending
15s. 63.0425, F.S.; providing a grandparent's right to
16notice; amending s. 63.052, F.S.; providing that a court
17in this state retains jurisdiction until the adoption is
18finalized in this state or in another state; amending s.
1963.053, F.S.; providing that if an unmarried biological
20father fails to take the actions that are available to him
21to establish a relationship with his child, his parental
22interest may be lost entirely; amending s. 63.054, F.S.;
23requiring adoption entity to provide certain information
24to the Department of Health; providing that if a putative
25father fails to report a change of address to the Florida
26Putative Father Registry, the failure is not a valid
27defense based upon lack of notice and the adoption entity
28or adoption petitioner is not obligated to search further
29for the registrant; providing that if a father who is
30required to consent to an adoption does not know the
31county in which the birth mother resides, gave birth, or
32intends to give birth, he may initiate an action in any
33county in the state; amending s. 63.062, F.S.; providing
34that an adoption agency may file a notice of an intended
35adoption plan at any time before the birth of the child or
36before placing the child in the adoptive home; requiring
37an adoption entity to make a good faith effort to locate
38the putative father; providing when an adoption entity has
39no further obligation to search for the putative father;
40providing for the proper venue to file a petition to
41terminate parental rights; amending s. 63.082, F.S.;
42providing that notice and consent provisions do not apply
43in cases where the child was conceived as a result of a
44violation of certain criminal statutes; limiting
45revocation of a consent to adopt to 3 days if the child is
46older than 6 months of age; authorizing a court to
47transfer a child to the prospective adoptive parents under
48certain circumstances; requiring the adoption entity to
49file a petition for adoption or termination of parental
50rights after the transfer of the child; amending s.
5163.085, F.S.; revising provision relating to who may sign
52a valid consent for adoption; amending s. 63.087, F.S.;
53providing procedures to terminate parental rights pending
54an adoption; providing the proper venue in which to file a
55petition to terminate parental rights; requiring a person
56to answer the petition and to appear at the hearing for
57termination of parental rights; amending s. 63.088, F.S.;
58requiring the court to conduct an inquiry concerning the
59father of the child who is to be adopted; revising
60requirements for notice concerning the termination of
61parental rights; requiring persons contacted by a
62petitioner or adoption entity to release certain
63information; amending s. 63.089, F.S.; revising provisions
64relating to service of notice and petition regarding
65termination of parental rights and consent to adoption;
66requiring that certain scientific testing to determine
67paternity comply with state law; amending s. 63.092, F.S.;
68providing that if an adoption entity fails to file the
69report of its intended placement within the specified time
70period the failure does not constitute grounds to deny the
71petition for termination of parental rights or adoption
72under certain circumstances; identifying additional
73individuals who may perform a home study; providing an
74exception if the person to be adopted is an adult;
75amending s. 63.102, F.S.; revising procedures for the
76filing of a petition for adoption; providing the proper
77venue where the petition may be filed; amending s. 63.112,
78F.S.; revising language requiring that a certified copy of
79a judgment terminating parental rights be filed at the
80same time the petition is filed; amending s. 63.122, F.S.;
81providing that certain information may be removed from the
82petition; amending s. 63.125, F.S.; providing certain
83licensed professionals may conduct the final home
84investigation; amending s. 63.132, F.S.; providing
85exceptions to the requirement that the adoptive parent and
86the adoption entity file an affidavit itemizing all
87expenses and receipts; amending s. 63.135, F.S.; requiring
88the adoption entity or petitioner to file an affidavit
89under the Uniform Child Custody Jurisdictional and
90Enforcement Act; revising information required to be
91submitted under oath to the court; amending s. 63.142,
92F.S.; requiring that if an adoption petition is dismissed,
93any further proceedings regarding the minor be brought in
94a separate custody action under ch. 61, F.S., a dependency
95action under ch. 39, F.S., or a paternity action under ch.
96742, F.S.; amending s. 63.152, F.S.; requiring the clerk
97of court to transmit a certified statement of the adoption
98to the state where the child was born; amending s. 63.162,
99F.S.; authorizing the birth parent to release his or her
100name under certain circumstances; authorizes a court to
101permit certain entities to contact a birth parent to
102advise him or her of the adoptee's request to open the
103file or the adoption registry and provide the opportunity
104to waive confidentiality and consent to the opening of
105records; providing requirements for release of an original
106sealed birth certificate; amending s. 63.172, F.S.;
107granting rights of inheritance when a judgment of adoption
108has been entered; amending s. 63.182, F.S.; providing that
109the interest that gives a person standing to set aside an
110adoption must be direct, financial, and immediate;
111providing an exception; providing that a showing of an
112indirect, inconsequential, or contingent interest is
113wholly inadequate; providing construction and
114applicability; amending s. 63.192, F.S.; requiring the
115courts of this state to recognize decrees of termination
116of parental rights and adoptions from other states and
117countries; amending s. 63.207, F.S.; revising provisions
118relating to out-of-state placement of minors; amending s.
11963.212, F.S.; revising acts that are unlawful pertaining
120to adoptions; providing penalties; amending s. 63.213,
121F.S.; prohibiting an attorney from representing the
122volunteer mother and the intended mother in a preplanned
123adoption arrangement; providing penalties and sanctions
124for payment of finder's fees in certain preplanned
125adoption agreements; revising the definition of "fertility
126technique"; amending s. 63.219, F.S.; providing sanctions
127for persons who violate ch. 63, F.S.; creating s. 63.236,
128F.S.; providing that any petition for termination of
129parental rights filed before the effective date of the act
130is governed by the law in effect at the time the petition
131was filed; amending s. 409.166, F.S.; redefining the term
132"special needs child" to remove children of racially mixed
133parentage; providing for participation by adoption
134intermediaries in the adoption program for special needs
135children administered by the Department of Children and
136Family Services; amending s. 409.176, F.S.; providing that
137licensing provisions do not apply to certain licensed
138child-placing agencies; amending s. 742.14, F.S.;
139providing that the donor of an embryo relinquishes all
140parental rights and obligations to the embryo or the
141resulting children at the time of the donation; amending
142s. 742.15, F.S.; authorizing a physician in a state
143outside this state to advise a commissioning couple
144concerning a gestational surrogate; amending s. 742.16,
145F.S.; revising requirements for affirmation of parental
146status for gestational surrogacy; creating s. 742.18, F.S;
147prohibiting a person or entity, except a licensed
148physician, fertility clinic, or attorney, from doing
149certain specified acts; prohibiting a person other than a
150licensed physician, fertility clinic, or attorney from
151accepting a fee for finding, screening, matching, or
152facilitating a donor or gestational carrier arrangement;
153providing that if a person willfully violates the section
154he or she commits a misdemeanor of the second degree;
155providing criminal penalties; providing that if a person
156violates the section he or she is liable for damages
157caused by his or her acts or omissions and for reasonable
158attorney's fees and costs; providing an effective date.
159
160Be It Enacted by the Legislature of the State of Florida:
161
162     Section 1.  Paragraph (e) of subsection (4) and subsection
163(5) of section 63.022, Florida Statutes, are amended to read:
164     63.022  Legislative intent.--
165     (4)  The basic safeguards intended to be provided by this
166chapter are that:
167     (e)  A sufficient period of time elapses during which the
168minor has lived within the proposed adoptive home under the
169guidance of an adoption entity, except stepparent adoptions or
170relative adoptions of a relative.
171     (5)  It is the intent of the Legislature to provide for
172cooperation between private adoption entities and the Department
173of Children and Family Services in matters relating to permanent
174placement options for children in the care of the department
175whose parent or legal custodian wishes birth parents wish to
176participate in a private adoption plan with a qualified family.
177     Section 2.  Section 63.032, Florida Statutes, is amended to
178read:
179     63.032  Definitions.--As used in this chapter, the term:
180     (1)  "Abandoned" means a situation in which the parent or
181person having legal custody of a child, while being able, makes
182no provision for the child's support and makes little or no
183effort to communicate with the child, which situation is
184sufficient to evince an intent to reject parental
185responsibilities. If, in the opinion of the court, the efforts
186of the such parent or person having legal custody of the child
187to support and communicate with the child are only marginal
188efforts that do not evince a settled purpose to assume all
189parental duties, the court may declare the child to be
190abandoned. In making this decision, the court may consider the
191conduct of a father towards the child's mother during her
192pregnancy.
193     (2)  "Adoption" means the act of creating the legal
194relationship between parent and child where it did not exist,
195thereby declaring the child to be legally the child of the
196adoptive parents and their heir at law and entitled to all the
197rights and privileges and subject to all the obligations of a
198child born to the such adoptive parents in lawful wedlock.
199     (3)  "Adoption entity" means the department, an agency, a
200child-caring agency registered under s. 409.176, an
201intermediary, an attorney licensed in another state who is
202placing a child from another state into this state, or a child-
203placing agency licensed in another state which is placing a
204child from another state into this state and is qualified by the
205department to place children in the State of Florida.
206     (4)  "Adoption plan" means an arrangement made by a birth
207parent or other individual having a legal right to custody of a
208minor child, born or to be born, with an adoption entity in
209furtherance of placing the minor child for adoption.
210     (5)(4)  "Adult" means a person who is not a minor.
211     (6)(5)  "Agency" means any child-placing agency licensed by
212the department under pursuant to s. 63.202 to place minors for
213adoption.
214     (7)(6)  "Child" means a son or daughter, whether by birth
215or adoption.
216     (8)(7)  "Court" means any circuit court of this state and,
217when the context requires, the court of any state that is
218empowered to grant petitions for adoption.
219     (9)(8)  "Department" means the Department of Children and
220Family Services.
221     (10)(9)  "Intermediary" means an attorney who is licensed
222or authorized to practice in this state and who is placing or
223intends to place a child for adoption, including placing
224children born in another state with citizens of this state or
225country or placing children born in this state with citizens of
226another state or country.
227     (11)(10)  "Legal custody" means a legal status created by
228court order or letter of guardianship which vests in a custodian
229of the child or guardian, whether an agency or an individual,
230the right to have physical custody of the child and the right
231and duty to protect, train, and discipline the child and to
232provide him or her with food, shelter, education, and ordinary
233medical, dental, psychiatric, and psychological care. The legal
234custodian is the person or entity in whom the legal right to
235custody is vested has the meaning ascribed in s. 39.01.
236     (12)(11)  "Minor" means a person under the age of 18 years.
237     (13)(12)  "Parent" means a woman who gives birth to a child
238and a man whose consent to the adoption of the child would be
239required under s. 63.062. If a child has been legally adopted,
240the term "parent" means the adoptive mother or father of the
241child. The terms "parent," "mother," and "father" do not include
242an individual whose parental relationship to the child has been
243legally terminated has the same meaning ascribed in s. 39.01.
244     (14)(13)  "Person" has the same meaning as in s. 1.01
245includes a natural person, corporation, government or
246governmental subdivision or agency, business trust, estate,
247trust, partnership, or association, and any other legal entity.
248     (15)(14)  "Relative" means a person related by blood,
249adoption, or marriage to the person being adopted within the
250third degree of consanguinity.
251     (16)(15)  "To place" or "placement" means the process of a
252parent or legal guardian surrendering a child for adoption and
253the prospective adoptive parents receiving and adopting the
254child, and includes all actions by any person or adoption entity
255participating in the process.
256     (17)  "Primarily lives and works in Florida" means a person
257who lives and works in this state at least 6 months and 1 day of
258the year, military personnel who designate Florida as their
259place of residence in accordance with the Servicemembers Civil
260Relief Act, Pub. L. No. 108-189, or citizens of the United
261States living in a foreign country who designate Florida as
262their place of residence.
263     (16)  "Placement" means the process of a parent or legal
264guardian surrendering a child for adoption and the prospective
265adoptive parents receiving and adopting the child and all
266actions by any adoption entity participating in placing the
267child.
268     (18)(17)  "Primarily lives and works outside Florida" means
269a person who lives and works outside this state at least 6
270months and 1 day of the year, military personnel who designate a
271state other than Florida as their place of residence in
272accordance with the Servicemembers Civil Relief Act, Pub. L. No.
273108-189 Soldiers' and Sailors' Civil Relief Act of 1940, or
274citizens employees of the United States Department of State
275living in a foreign country who designate a state other than
276Florida as their place of residence and who do not reside in
277Florida for 6 months and 1 day of the year.
278     (19)(18)  "Suitability of the intended placement" includes
279the fitness of the intended placement, with primary
280consideration being given to the best interest of the child.
281     (20)(19)  "Unmarried biological father" means the child's
282biological father who is not married to the child's mother at
283the time of conception or birth of the child and who has not
284been declared by a court of competent jurisdiction to be the
285legal father of the child.
286     (20)  "Adoption plan" means arrangements made by a birth
287parent or other individual having a legal right to custody of a
288minor child, born or to be born, with an adoption entity in
289furtherance of the placement of the minor for adoption.
290     Section 3.  Paragraphs (f), (g), and (i) of subsection (1)
291of section 63.039, Florida Statutes, are amended to read:
292     63.039  Duty of adoption entity to prospective adoptive
293parents; sanctions.--
294     (1)  An adoption entity placing a minor for adoption has an
295affirmative duty to follow the requirements of this chapter and
296specifically the following provisions, which protect and promote
297the well-being of persons being adopted and their parents and
298prospective adoptive parents by promoting certainty, finality,
299and permanency for such persons. The adoption entity must:
300     (f)  Obtain and file the affidavit of inquiry under
301pursuant to s. 63.088(4), if the required inquiry is not
302conducted orally in the presence of the court.
303     (g)  When the identity of a person whose consent to
304adoption is required necessary under this chapter is known but
305the location of such a person is unknown, conduct the diligent
306search and file the affidavit required under s. 63.088(5).
307     (i)  Obtain the written waiver of venue if applicable
308required under s. 63.062 in cases in which venue for the
309termination of parental rights will be located in a county other
310than the county where a parent whose rights are to be terminated
311resides.
312     Section 4.  Subsection (9) of section 63.0423, Florida
313Statutes, is amended to read:
314     63.0423  Procedures with respect to abandoned infants.--
315     (9)(a)  A judgment terminating parental rights pending
316adoption involving a minor who was abandoned pursuant to this
317section is voidable, and any later judgment of adoption of that
318minor is voidable, if, upon the motion of a birth parent whose
319consent is required for adoption, the court finds that a person
320knowingly gave false information that prevented the birth parent
321from timely making known his or her desire to assume parental
322responsibilities toward the minor or from exercising his or her
323parental rights. A motion under this subsection must be filed
324with the court originally entering the judgment. The motion must
325be filed within a reasonable time, but not later than 1 year
326after the entry of the judgment terminating parental rights.
327     (b)  No later than 30 days after the filing of a motion
328under this subsection, the court shall conduct a preliminary
329hearing to determine what contact, if any, will be permitted
330between a birth parent and the child pending resolution of the
331motion. The Such contact may be allowed only if it is requested
332by a parent who has appeared at the hearing and the court
333determines that it is in the best interest of the child. If the
334court orders contact between a birth parent and child, the order
335must be issued in writing as expeditiously as possible and must
336state with specificity the terms any provisions regarding
337contact with persons other than those with whom the child
338resides.
339     (c)  At the preliminary hearing, the court, upon the motion
340of any party or upon its own motion, may order scientific
341testing to determine the paternity or maternity of the minor if
342the parent person seeking to set aside the judgment is alleging
343to be the child's birth parent but has not previously been
344determined by legal proceedings or scientific testing to be the
345birth parent. Upon the filing of test results establishing that
346parent's person's maternity or paternity of the abandoned
347infant, the court may order visitation as it deems appropriate
348and in the best interest of the child.
349     (d)  Within 45 days after the preliminary hearing, the
350court shall conduct a final hearing on the motion to set aside
351the judgment and shall enter its written order as expeditiously
352as possible thereafter.
353     Section 5.  Section 63.0425, Florida Statutes, is amended
354to read:
355     63.0425  Grandparent's right to notice adopt.--
356     (1)  When a child has lived with a grandparent for at least
3576 months within the 24-month period immediately preceding the
358filing of a petition for termination of parental rights pending
359adoption, the adoption entity shall provide notice to that
360grandparent of the hearing on the petition for termination of
361parental rights pending adoption.
362     (2)  This section shall not apply if the placement for
363adoption is a result of the death of the child's parent and a
364different preference is stated in the parent's will.
365     (3)  This section shall not apply in stepparent adoptions.
366     (4)  Nothing in this section shall contravene the
367provisions of s. 63.142(4).
368     Section 6.  Subsections (1) and (7) of section 63.052,
369Florida Statutes, are amended to read:
370     63.052  Guardians designated; proof of commitment.--
371     (1)  For minors who have been placed for adoption with and
372permanently committed to an adoption entity, other than an
373intermediary, such adoption entity shall be the guardian of the
374person of the minor and has the responsibility and authority to
375provide for the needs and welfare of the minor.
376     (7)  The court retains jurisdiction of a minor who has been
377placed for adoption until the adoption is finalized within or
378outside this state final. After a minor is placed with an
379adoption entity or prospective adoptive parent, the court may
380review the status of the minor and the progress toward permanent
381adoptive placement.
382     Section 7.  Subsection (1) of section 63.053, Florida
383Statutes, is amended to read:
384     63.053  Rights and responsibilities of an unmarried
385biological father; legislative findings.--
386     (1)  In enacting the provisions contained in this chapter,
387the Legislature prescribes the conditions for determining
388whether an unmarried biological father's actions are
389sufficiently prompt and substantial so as to require protection
390of a constitutional right. If an unmarried biological father
391fails to take the actions that are available to him to establish
392a relationship with his child, his parental interest may be lost
393entirely, or greatly diminished, by his failure to timely comply
394with the available legal steps to substantiate a parental
395interest.
396     Section 8.  Subsections (1), (5), (6), (7), and (8) of
397section 63.054, Florida Statutes, are amended to read:
398     63.054  Actions required by an unmarried biological father
399to establish parental rights; Florida Putative Father
400Registry.--
401     (1)  In order to preserve the right to notice and consent
402to an adoption under this chapter, an unmarried biological
403father must, as the "registrant," file a notarized claim of
404paternity form with the Florida Putative Father Registry
405maintained by the Office of Vital Statistics of the Department
406of Health and shall include therein confirmation of his
407willingness and intent to support the child for whom paternity
408is claimed in accordance with state law. The claim of paternity
409may be filed at any time prior to the child's birth, but a claim
410of paternity may not be filed after the date a petition is filed
411for termination of parental rights. The adoption entity shall
412provide the Department of Health with a notification of filing
413the petition for termination of parental rights. The Department
414of Health shall adopt by rule a form to be completed by the
415clerk of the court for notification of filing a petition for
416termination of parental rights.
417     (5)  The registrant may, at any time prior to the birth of
418the child for whom paternity is claimed, execute a notarized
419written revocation of the claim of paternity previously filed
420with the Florida Putative Father Registry, and upon receipt of
421such revocation, the claim of paternity shall be deemed null and
422void. If a court determines that a registrant is not the father
423of the minor or has no parental rights, the court shall order
424the department to remove the registrant's name from the
425registry.
426     (6)  It is the obligation of the registrant or, if
427designated under subsection (4), his designated agent or
428representative to notify and update the Office of Vital
429Statistics of any change of address or change in the designation
430of an agent or representative. The failure of a registrant, or
431designated agent or representative, to report any such change is
432at the registrant's own risk and shall not serve as a valid
433defense based upon lack of notice, and the adoption entity or
434petitioner shall have no further obligation to search for the
435registrant unless the person petitioning for termination of
436parental rights or adoption has actual or constructive notice of
437the registrant's address and whereabouts from another source.
438     (7)  In each proceeding for termination of parental rights
439or each adoption proceeding in which parental rights are being
440terminated simultaneously with entry of the final judgment of
441adoption, as in stepparent and relative adoptions filed under
442this chapter, the petitioner must contact the Office of Vital
443Statistics of the Department of Health by submitting an
444application for a search of the Florida Putative Father
445Registry. The petitioner shall provide the same information, if
446known, on the search application form which the registrant is
447required to furnish under subsection (3). Thereafter, the Office
448of Vital Statistics must issue a certificate signed by the State
449Registrar certifying:
450     (a)  The identity and contact information, if any, for each
451registered unmarried biological father whose information matches
452the search request sufficiently so that the such person may be
453considered a possible father of the subject child; or
454     (b)  That a diligent search has been made of the registry
455of registrants who may be the unmarried biological father of the
456subject child and that no matching registration has been located
457in the registry.
458
459The This certificate must be filed with the court in the
460proceeding to terminate parental rights or the adoption
461proceeding. If a termination of parental rights and an adoption
462proceeding are being adjudicated separately simultaneously, the
463Florida Putative Father Registry need only be searched once.
464     (8)  If an unmarried biological father does not know the
465county in which the birth mother resides, gave birth, or intends
466to give birth, he may initiate an action in any county in the
467state, subject to the court's discretion to change venue in
468accordance with s. 63.087 subject to the birth mother's right to
469change venue to the county where she resides.
470     Section 9.  Subsections (2), (3), (4), (8), and (9) of
471section 63.062, Florida Statutes, are amended to read:
472     63.062  Persons required to consent to adoption; affidavit
473of nonpaternity; waiver of venue.--
474     (2)  In accordance with subsection (1), the consent of an
475unmarried biological father shall be required necessary only if
476the unmarried biological father has complied with the
477requirements of this subsection.
478     (a)1.  With regard to a child who is placed with adoptive
479parents more than 6 months after the child's birth, an unmarried
480biological father must have developed a substantial relationship
481with the child, taken some measure of responsibility for the
482child and the child's future, and demonstrated a full commitment
483to the responsibilities of parenthood by providing financial
484support to the child in accordance with the unmarried biological
485father's ability, if not prevented from doing so by the person
486or authorized agency having lawful custody of the child, and
487either:
488     a.  Regularly visited the child at least monthly, when
489physically and financially able to do so and when not prevented
490from doing so by the birth mother or the person or authorized
491agency having lawful custody of the child; or
492     b.  Maintained regular communication with the child or with
493the person or agency having the care or custody of the child,
494when physically or financially unable to visit the child and or
495when not prevented from doing so by the birth mother or person
496or authorized agency having lawful custody of the child.
497     2.  The mere fact that an unmarried biological father
498expresses a desire to fulfill his responsibilities towards his
499child which is unsupported by acts evidencing this intent does
500not preclude a finding by the court that the unmarried
501biological father failed to comply with the requirements of this
502subsection.
503     3.  An unmarried biological father who openly lived with
504the child for at least 6 months within the 1-year period
505following the birth of the child and immediately preceding
506placement of the child with adoptive parents and who openly held
507himself out to be the father of the child during that period
508shall be deemed to have developed a substantial relationship
509with the child and to have otherwise met the requirements of
510this paragraph.
511     (b)  With regard to a child who is younger than 6 months of
512age at the time the child is placed with the adoptive parents,
513an unmarried biological father must have demonstrated a full
514commitment to his parental responsibility by having performed
515all of the following acts before prior to the time the mother
516executes her consent for adoption or a petition for termination
517of parental rights has been filed, whichever is earlier:
518     1.  Filed a notarized claim of paternity form with the
519Florida Putative Father Registry within the Office of Vital
520Statistics of the Department of Health, which form shall be
521maintained in the confidential registry established for that
522purpose and shall be considered filed when the notice is entered
523in the registry of notices from unmarried biological fathers.
524     2.  Upon service of a notice of an intended adoption plan
525or a petition for termination of parental rights pending
526adoption, timely execute executed and file filed an affidavit in
527that proceeding stating that he is personally fully able and
528willing to take responsibility for the child, setting forth his
529plans for care of the child, and agreeing to a court order of
530child support and a contribution to the payment of living and
531medical expenses incurred for the mother's pregnancy and the
532child's birth in accordance with his ability to pay.
533     3.  If he had knowledge of the pregnancy, paid a fair and
534reasonable amount of the expenses incurred in connection with
535the mother's pregnancy and the child's birth, in accordance with
536his financial ability and when not prevented from doing so by
537the birth mother or person or authorized agency having lawful
538custody of the child.
539     (c)  The petitioner shall file with the court a certificate
540from the Office of Vital Statistics stating that a diligent
541search has been made of the Florida Putative Father Registry of
542notices from unmarried biological fathers described in
543subparagraph (b)1. and that no filing has been found pertaining
544to the father of the child in question or, if a filing is found,
545stating the name of the putative father and the time and date of
546filing. That certificate shall be filed with the court before
547prior to the entry of a final judgment of termination of
548parental rights.
549     (d)  An unmarried biological father who does not comply
550with each of the conditions provided in this subsection is
551deemed to have irrevocably waived and surrendered any rights in
552relation to the child, including the right to notice of any
553judicial proceeding in connection with the adoption of the
554child, and his consent to the adoption of the child is not
555required.
556     (3)(a)  Under Pursuant to chapter 48, an adoption entity
557may serve upon any unmarried biological father identified by the
558mother or identified by a diligent search of the Florida
559Putative Father Registry, or upon an entity whose consent is
560required, a notice of intended adoption plan at any time before
561the child's birth or before placing prior to the placement of
562the child in the adoptive home, including prior to the birth of
563the child. The notice of intended adoption plan must
564specifically state that if the unmarried biological father
565desires to contest the adoption plan, he must file with the
566court, within 30 days after service, a verified response that
567contains a pledge of commitment to the child in substantial
568compliance with subparagraph (2)(b)2. The notice of intended
569adoption plan shall notify the unmarried biological father that,
570if he has not already done so, he must file a claim of paternity
571form with the Office of Vital Statistics within 30 days after
572service upon him and must provide the adoption entity with a
573copy of the verified response filed with the court and the claim
574of paternity form filed with the Office of Vital Statistics. If
575the party served with the notice of intended adoption plan is an
576entity, the entity must file, within 30 days after service, a
577verified response setting forth a legal basis for contesting the
578intended adoption plan, specifically addressing the best
579interest of the child. If the unmarried biological father whose
580consent is required or the adoption entity whose consent is
581required fails to properly file a verified response with the
582court and, in the case of an unmarried biological father, a
583claim of paternity form with the Office of Vital Statistics
584within 30 days after service upon that unmarried biological
585father or entity whose consent is required, the consent of that
586unmarried biological father or entity is not shall no longer be
587required under this chapter and that party shall be deemed to
588have irrevocably waived any claim of rights to the child. Each
589notice of intended adoption plan served upon an unmarried
590biological father must include instructions as to the procedure
591the unmarried biological father must follow to submit a claim of
592paternity form to the Office of Vital Statistics and the address
593to which the registration must be directed.
594     (b)  If the birth mother identifies a man who she believes
595is the unmarried biological father of her child, the adoption
596entity may provide a notice of intended adoption plan pursuant
597to paragraph (a). If the mother identifies a potential unmarried
598biological father whose location is unknown, the adoption entity
599shall conduct a diligent search pursuant to s. 63.088. If, upon
600completion of a diligent search, the potential unmarried
601biological father's location remains unknown and a search of the
602Florida Putative Father Registry fails to reveal a match, the
603adoption entity shall request in the petition for termination of
604parental rights pending adoption that the court declare the
605diligent search to be in compliance with s. 63.088 and to
606further declare that the adoption entity shall have no further
607obligation to provide notice to the potential unmarried
608biological father and that the potential unmarried biological
609father's consent to the adoption shall not be required.
610     (4)  Any person whose consent is required under paragraph
611(1)(b), or any other man, paragraphs (1)(c)-(e) may execute an
612irrevocable affidavit of nonpaternity in lieu of a consent under
613this section and by doing so waives notice to all court
614proceedings after the date of execution. An affidavit of
615nonpaternity must be executed as provided in s. 63.082. The
616affidavit of nonpaternity may be executed before prior to the
617birth of the child. The person executing the affidavit must
618receive disclosure under s. 63.085 before prior to signing the
619affidavit.
620     (8)  A petition to adopt an adult may be granted if:
621     (a)  Written consent to adoption has been executed by the
622adult and the adult's spouse, if any.
623     (b)  Written notice of the final hearing on the adoption
624has been provided to the parents, if any, or proof of service of
625process has been filed, showing notice has been served on the
626parents as provided in this chapter.
627     (9)  A petition for termination of parental rights shall be
628filed in the appropriate county as determined under s.
62963.087(2). If any the parent or parents whose consent is
630required objects rights are to be terminated object to venue in
631the county where the action was filed, the court may transfer
632venue to a proper venue consistent with this chapter and chapter
63347 the action to the county where the objecting parent or
634parents reside, unless the objecting parent has previously
635executed a waiver of venue.
636     Section 10.  Paragraph (d) of subsection (1), paragraphs
637(b), (c), and (e) of subsection (4), subsections (5) and (6),
638and paragraphs (a), (b), (c), (d), and (f) of subsection (7) of
639section 63.082, Florida Statutes, are amended to read:
640     63.082  Execution of consent to adoption or affidavit of
641nonpaternity; family social and medical history; withdrawal of
642consent.--
643     (1)
644     (d)  The notice and consent provisions of this chapter as
645they relate to the birth of a child or to legal fathers do not
646apply in cases in which the child is conceived as a result of a
647violation of the criminal laws of this or another state,
648including, but not limited to, sexual battery, unlawful sexual
649activity with certain minors under s. 794.05, lewd acts
650perpetrated upon a minor, or incest.
651     (4)
652     (b)  A consent to the adoption of a minor who is to be
653placed for adoption shall not be executed by the birth mother
654sooner than 48 hours after the minor's birth or the day the
655birth mother has been notified in writing, either on her patient
656chart or in release paperwork, that she is fit to be released
657from the licensed hospital or birth center, whichever is
658earlier. A consent by any man a biological father or legal
659father may be executed at any time after the birth of the child.
660A consent executed under this paragraph is valid upon execution
661and may be withdrawn only if the court finds that it was
662obtained by fraud or duress.
663     (c)  When the minor to be adopted is older than 6 months of
664age at the time of the execution of the consent, the consent to
665adoption is valid upon execution; however, it is subject to a 3-
666day revocation period or may be revoked at any time prior to the
667placement of the minor with the prospective adoptive parents,
668whichever is later. If a consent has been executed, this
669subsection may not be construed to provide a birth parent with
670more than 3 days to revoke the consent once the child has been
671placed with the prospective adoptive parents.
672     (e)  A consent to adoption being executed by the birth
673parent must be in at least 12-point boldfaced type in
674substantially the following form:
675
CONSENT TO ADOPTION
676
677YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
678HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
679THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
680PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
681WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
682NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
683WITNESSES YOU SELECTED, IF ANY.
684YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
685FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
686CONSENT:
687     1.  CONSULT WITH AN ATTORNEY;
688     2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
689LEGALLY PROHIBITED;
690     3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
691FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
692     4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
693PROHIBITED; AND
694     5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
695AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
696IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
697YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
698EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
699YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
700FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
701OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
702IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
703FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
704BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
705WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
706SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
707CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
708BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
709AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
710THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
711WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
712DURESS.
713IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
714AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
715     1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
716YOU WISH TO WITHDRAW YOUR CONSENT; AND
717     2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
718OR DURESS.
719
720This statement of rights is not required for the adoption of a
721relative, an adult, a stepchild, or a child older than 6 months
722of age. A consent form for the adoption of a child older than 6
723months of age at the time of execution of consent must contain a
724statement outlining the revocation rights provided in paragraph
725(c).
726     (5)  A copy or duplicate original of each consent signed
727under this chapter in an action for termination of parental
728rights pending adoption must be provided to the person who
729executed the consent to adoption. The copy must be hand
730delivered, with a written acknowledgment of receipt signed by
731the person whose consent is required at the time of execution.
732If a copy of a consent cannot be provided as required in this
733subsection, the adoption entity must execute an affidavit
734stating why the copy of the consent was not delivered. The
735original consent and acknowledgment of receipt, or an affidavit
736stating why the copy of the consent was not delivered, must be
737filed with the petition for termination of parental rights
738pending adoption.
739     (6)(a)  If a birth parent executes a consent for placement
740of a minor with an adoption entity or qualified prospective
741adoptive parents and the minor child is in the custody of the
742department, but parental rights have not yet been terminated,
743the adoption consent shall be valid, binding, and enforceable by
744the court.
745     (b)  Upon execution of the consent of the birth parent, the
746adoption entity shall be permitted to intervene in the
747dependency case as a party in interest and shall provide the
748court having jurisdiction over the minor pursuant to the shelter
749or dependency petition filed by the department with a copy of
750the preliminary home study of the prospective adoptive parents
751and any other evidence of the suitability of the placement. The
752preliminary home study shall be maintained with strictest
753confidentiality within the dependency court file and the
754department's file. A preliminary home study must be provided to
755the court in all cases in which an adoption entity has
756intervened under pursuant to this section.
757     (c)  Upon a determination by the court that the prospective
758adoptive parents have met the requirements of this chapter are
759properly qualified to adopt the minor child and that the
760adoption appears to be in the best interest of the minor child,
761the court shall immediately order the transfer of custody of the
762minor child to the prospective adoptive parents, under the
763supervision of the adoption entity. If the department is no
764longer pursuing a termination of parental rights or dependency
765case over the child, the adoption entity shall thereafter
766provide monthly supervision reports to the court, only if
767required, department until finalization of the adoption.
768     (d)  In determining whether the best interest of the child
769will be served by transferring the custody of the minor child to
770the prospective adoptive parent selected by the birth parent,
771the court shall give consideration to the rights of the birth
772parent to determine an appropriate placement for the child, the
773permanency offered, the child's bonding with any potential
774adoptive home that the child has been residing in, and the
775importance of maintaining sibling relationships, if possible.
776     (7)(a)  A consent that is being withdrawn under paragraph
777(4)(c) may be withdrawn at any time prior to the minor's
778placement with the prospective adoptive parents or by notifying
779the adoption entity in writing by certified United States mail,
780return receipt requested, not later than 3 business days after
781execution of the consent. As used in this subsection, the term
782"business day" means any day on which the United States Postal
783Service accepts certified mail for delivery.
784     (b)  Upon receiving timely written notice from a person
785whose consent to adoption is required of that person's desire to
786withdraw consent to adoption, the adoption entity must contact
787the prospective adoptive parent to arrange a time certain for
788the adoption entity to regain physical custody of the minor,
789unless, upon a motion for emergency hearing by the adoption
790entity, the court determines in written findings that placement
791of the minor with the person who had legal or physical custody
792of the child immediately before placing the child for adoption
793withdrawing consent may endanger the minor, or that the person
794who desires to withdraw consent to the adoption would not be
795required to consent to the adoption, or has been determined to
796have abandoned the child, or may otherwise be subject to the
797consent being waived under this chapter.
798     (c)  If the court finds that the such placement may
799endanger the minor, the court must enter an order regarding
800continued placement of the minor. The order shall direct
801continued placement with the prospective adoptive parents
802pending further proceedings if they desire continued placement.
803If the prospective adoptive parents do not desire continued
804placement, the order shall include, but not be limited to,
805whether temporary placement in foster care, with the person who
806had legal or physical custody of the child immediately before
807placing the child for adoption, or with a relative is in the
808best interest of the child and is appropriate, whether an
809investigation by the department is recommended, and whether a
810relative is available for the temporary placement.
811     (d)  If the person withdrawing a required consent claims to
812be the father of the minor but has not been established to be
813the father by marriage, court order, or scientific testing, the
814court may order scientific paternity testing upon a showing that
815the testing is in compliance with state law and reserve ruling
816on removal of the minor until the results of such testing have
817been filed with the court.
818     (f)  Following the revocation period for withdrawal of
819consent described in paragraph (a), or the placement of the
820child with the prospective adoptive parents, whichever occurs
821later, a consent may be withdrawn only when the court finds that
822the consent was obtained by fraud or duress.
823     Section 11.  Subsection (1) of section 63.085, Florida
824Statutes, is amended to read:
825     63.085  Disclosure by adoption entity.--
826     (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
827ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
828to adopt a minor or a person seeking to place a minor for
829adoption contacts an adoption entity in person or provides the
830adoption entity with a mailing address, the entity must provide
831a written disclosure statement to that person if the entity
832agrees or continues to work with the such person. If an adoption
833entity is assisting in the effort to terminate the parental
834rights of a parent who did not initiate the contact with the
835adoption entity, the written disclosure must be provided within
83614 days after that parent is identified and located. For
837purposes of providing the written disclosure, a person is
838considered to be seeking to place a minor for adoption when that
839person has sought information or advice from the adoption entity
840regarding the option of adoptive placement. The written
841disclosure statement must be in substantially the following
842form:
843
ADOPTION DISCLOSURE
844
845THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
846PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
847FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
848ADOPTION UNDER FLORIDA LAW:
849     1.  The name, address, and telephone number of the adoption
850entity providing this disclosure is:
851     Name:
852     Address:
853     Telephone Number:
854     2.  The adoption entity does not provide legal
855representation or advice to birth parents, and birth parents
856have the right to consult with an attorney of their own choosing
857to advise them.
858     3.  With the exception of an adoption by a stepparent or
859relative, a child cannot be placed into a prospective adoptive
860home unless the prospective adoptive parents have received a
861favorable preliminary home study, including criminal and child
862abuse clearances.
863     4.  A valid consent for adoption may not be signed by the
864birth mother until 48 hours after the birth of the child, or the
865day the birth mother is notified, in writing, that she is fit
866for discharge from the licensed hospital or birth center. Any
867man A putative father may sign a valid consent for adoption at
868any time after the birth of the child.
869     5.  A consent for adoption signed before the child attains
870the age of 6 months is binding and irrevocable from the moment
871it is signed unless it can be proven in court that the consent
872was obtained by fraud or duress. A consent for adoption signed
873after the child attains the age of 6 months is valid from the
874moment it is signed; however, it may be revoked until the child
875is placed in an adoptive home, or up to 3 business days after it
876was signed, whichever period is longer.
877     6.  A consent for adoption is not valid if the signature of
878the person who signed the consent was obtained by fraud or
879duress.
880     7.  There are alternatives to adoption, including foster
881care, relative care, and parenting the child. There may be
882services and sources of financial assistance in the community
883available to birth parents if they choose to parent the child.
884     8.  A birth parent has the right to have a witness of his
885or her choice, who is unconnected with the adoption entity or
886the adoptive parents, to be present and witness the signing of
887the consent or affidavit of nonpaternity.
888     9.  A birth parent 14 years of age or younger must have a
889parent, legal guardian, or court-appointed guardian ad litem to
890assist and advise the birth parent as to the adoption plan.
891     10.  A birth parent has a right to receive supportive
892counseling from a counselor, social worker, physician, clergy,
893or attorney, and such counseling would be beneficial to the
894birth parent.
895     11.  The payment of living or medical expenses by the
896prospective adoptive parents prior to the birth of the child
897does not, in any way, obligate the birth parent to sign the
898consent for adoption.
899     Section 12.  Section 63.087, Florida Statutes, is amended
900to read:
901     63.087  Proceeding to terminate parental rights pending
902adoption; general provisions.--
903     (1)  JURISDICTION.--A court of this state which is
904competent to decide child welfare or custody matters has
905jurisdiction to hear all matters arising from a proceeding to
906terminate parental rights pending adoption.
907     (2)  VENUE.--
908     (a)  A petition to terminate parental rights pending
909adoption must be filed:
910     1.  In the county where the child resides;
911     2.  If the child does not reside in the State of Florida,
912in the county where the adoption entity is located;
913     2.3.  In the county where the adoption entity is located;
914or
915     3.4.  If neither parent resides in the state, in the county
916where the adoption entity is located. The fact of the minor's
917presence within the state confers jurisdiction on the court in
918proceedings in the minor's case under this chapter, or to a
919parent or guardian if due notice has been given.
920     (b)  If a petition for termination of parental rights has
921been filed and a parent whose consent is required rights are to
922be terminated objects to venue, there must be a hearing in which
923the court shall determine whether that parent intends to assert
924legally recognized grounds to contest a termination of parental
925rights and, if so, the court may shall immediately transfer
926venue to a proper venue under this subsection the county where
927that parent resides or resided at the time of the execution of
928the consent. For purposes of selecting venue, the court shall
929consider the ease of access to the court for the parent and the
930factors set forth in s. 47.122 who intends to contest a
931termination of parental rights.
932     (c)  If there is a transfer of venue, the court may
933determine which party shall bear the cost of venue transfer.
934
935For purposes of the hearing under this subsection, witnesses
936located in another jurisdiction may testify by deposition or
937testify by telephone, audiovisual means, or other electronic
938means before a designated court or at another location.
939Documentary evidence transmitted from another location by
940technological means that do not produce an original writing may
941not be excluded from evidence on an objection based on the means
942of transmission. The court on its own motion may otherwise
943prescribe the manner in which and the terms upon which the
944testimony is taken.
945     (3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
946may not be filed until after the date the court enters the
947judgment terminating parental rights pending adoption under this
948chapter or under chapter 39. Adoptions of relatives, adult
949adoptions, or adoptions of stepchildren shall not be required to
950file a separate termination of parental rights proceeding
951pending adoption. In such cases, the petitioner may file a joint
952petition for termination of parental rights and adoption
953attaching all required consents, affidavits, notices, and
954acknowledgments shall be attached to the petition for adoption
955or filed separately in the adoption proceeding. All provisions
956of this chapter apply to these joint petitions unless otherwise
957provided by law.
958     (4)  PETITION.--
959     (a)  A proceeding seeking to terminate parental rights
960pending adoption under pursuant to this chapter must be
961initiated by the filing of an original petition after the birth
962of the minor.
963     (b)  The petition may be filed by a parent or person having
964physical or legal custody of the minor. The petition may be
965filed by an adoption entity only if a parent or person having
966physical or legal custody who has executed a consent to adoption
967under pursuant to s. 63.082 also consents in writing to the
968adoption entity filing the petition. The original of the such
969consent must be filed with the petition.
970     (c)  The petition must be entitled: "In the Matter of the
971Termination of Parental Rights for the Proposed Adoption of a
972Minor Child."
973     (d)  The petition to terminate parental rights pending
974adoption must be in writing and signed by the petitioner under
975oath stating the petitioner's good faith in filing the petition.
976A written consent to adoption, affidavit of nonpaternity, or
977affidavit of diligent search under s. 63.088, for each person
978whose consent to adoption is required under s. 63.062, must be
979executed and attached.
980     (e)  The petition must include:
981     1.  The minor's name, gender, date of birth, and place of
982birth. The petition must contain all names by which the minor is
983or has been known, excluding the minor's prospective adoptive
984name but including the minor's legal name at the time of the
985filing of the petition. In the case of an infant child whose
986adoptive name appears on the original birth certificate, the
987adoptive name shall not be included in the petition, nor shall
988it be included elsewhere in the termination of parental rights
989proceeding unless the proceedings are filed according to s.
99063.102(6).
991     2.  All information required by the Uniform Child Custody
992Jurisdiction and Enforcement Act and the Indian Child Welfare
993Act, except the names and addresses of the adoptive parents,
994which shall be kept confidential as required by s. 63.162.
995     3.  A statement of the grounds under s. 63.089 upon which
996the petition is based.
997     4.  The name, address, and telephone number of any adoption
998entity seeking to place the minor for adoption.
999     5.  The name, address, and telephone number of the division
1000of the circuit court in which the petition is to be filed.
1001     6.  A certification of compliance with the requirements of
1002s. 63.0425 regarding notice to grandparents of an impending
1003adoption.
1004     (5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1005summons to be issued substantially in the form provided in Form
10061.902, Florida Rules of Civil Procedure. The Petition and
1007summons and a copy of the petition shall be served upon any
1008person who executed a whose consent to adoption or affidavit of
1009nonpaternity has been provided but who has not waived service of
1010the pleadings and notice of the hearing thereon and also upon
1011any person whose consent to adoption is required under s.
101263.062, but who has not provided that consent or an affidavit of
1013nonpaternity.
1014     (6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1015petition or any pleading requiring an answer shall be timely
1016filed in accordance with the Florida Rules of Civil Procedure.
1017Failure to file a written response or to appear at the hearing
1018on the petition constitutes grounds upon which the court may
1019terminate parental rights. Failure to appear at the hearing
1020constitutes grounds upon which the court may terminate parental
1021rights. The petitioner shall provide notice of the final hearing
1022by United States mail to any person who has been served with the
1023summons and petition for termination of parental rights within
1024the specified time periods. Notwithstanding the filing of any
1025answer or any pleading, Any person present at the hearing to
1026terminate parental rights pending adoption whose consent to
1027adoption is required under s. 63.062 must:
1028     (a)  Be advised by the court that he or she has a right to
1029ask that the hearing be reset for a later date so that the
1030person may consult with an attorney; and
1031     (b)  Be given an opportunity to admit or deny the
1032allegations in the petition.
1033     Section 13.  Subsections (2), (3), (5), and (6) of section
103463.088, Florida Statutes, are amended to read:
1035     63.088  Proceeding to terminate parental rights pending
1036adoption; notice and service; diligent search.--
1037     (2)  IDENTITY KNOWN AND LOCATION UNKNOWN; PROCEDURES TO
1038INITIATE IDENTIFICATION OF LOCATION PROCEDURES.--When the
1039location of a person whose consent to an adoption is required
1040but is unknown not known, the adoption entity must begin the
1041inquiry and diligent search process required by this section
1042within a reasonable time period after the date on which the
1043person seeking to place a minor for adoption has evidenced in
1044writing to the adoption entity a desire to place the minor for
1045adoption with that entity, or not later than 30 days after the
1046date any money is provided as permitted under this chapter by
1047the adoption entity for the benefit of the person seeking to
1048place a minor for adoption.
1049     (3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1050determine that a minor is available for adoption, and in
1051addition to the other requirements set forth in this chapter,
1052each person whose consent is required under s. 63.062, who has
1053not executed a consent or an affidavit of nonpaternity, and
1054whose location and identity have been determined by compliance
1055with the procedures in this section must be personally served,
1056pursuant to chapter 48, at least 20 days before the hearing with
1057a copy of the summons and a copy of the petition to terminate
1058parental rights pending adoption as provided under s. 63.087(5)
1059and with notice in substantially the following form:
1060
1061
NOTICE OF PETITION AND HEARING
1062
TO TERMINATE PARENTAL RIGHTS
1063
PENDING ADOPTION
1064
1065A petition to terminate parental rights pending adoption
1066has been filed. A copy of the petition is being served
1067with this notice. There will be a hearing on the petition
1068to terminate parental rights pending adoption on (date) at
1069(time) before (judge) at (location, including complete
1070name and street address of the courthouse). The court has
1071set aside (amount of time) for this hearing.
1072
1073UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY
1074FILE A WRITTEN RESPONSE TO THE PETITION AND THIS NOTICE
1075WITH THE COURT AND OR TO APPEAR AT THIS HEARING
1076CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY
1077PARENTAL RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE MINOR
1078CHILD.
1079
1080     (5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1081the court under subsection (4) identifies any person whose
1082consent to adoption is required under s. 63.062 and who has not
1083executed a consent to adoption or an affidavit of nonpaternity,
1084and the location of the person from whom consent is required is
1085unknown, the adoption entity must conduct a diligent search for
1086that person which must include inquiries concerning:
1087     (a)  The person's current address, or any previous address,
1088through an inquiry of the United States Postal Service through
1089the Freedom of Information Act;
1090     (b)  The last known employment of the person, including the
1091name and address of the person's employer;
1092     (c)  Regulatory agencies, including those regulating
1093professional licensing in the area where the person last
1094resided;
1095     (d)  Names and addresses of relatives to the extent such
1096can be reasonably obtained from the petitioner or other sources,
1097contacts with those relatives, and inquiry as to the person's
1098last known address. The petitioner shall pursue any leads of any
1099addresses to which the person may have moved;
1100     (e)  Information as to whether or not the person may have
1101died and, if so, the date and location;
1102     (f)  Telephone listings in the area where the person last
1103resided;
1104     (g)  Inquiries of law enforcement agencies in the area
1105where the person last resided;
1106     (h)  Highway patrol records in the state where the person
1107last resided;
1108     (i)  Department of Corrections records in the state where
1109the person last resided;
1110     (j)  Hospitals in the area where the person last resided;
1111     (k)  Records of utility companies, including water, sewer,
1112cable television, and electric companies, in the area where the
1113person last resided;
1114     (l)  Records of the Armed Forces of the United States as to
1115whether there is any information as to the person;
1116     (m)  Records of the tax assessor and tax collector in the
1117area where the person last resided; and
1118     (n)  Search of one Internet databank locator service.
1119
1120Any person contacted by a petitioner or adoption entity when
1121requesting information under this subsection must release the
1122requested information to the petitioner or adoption entity,
1123except when prohibited by law, without the necessity of a
1124subpoena or a court order. An affidavit of diligent search
1125executed by the petitioner and the adoption entity must be filed
1126with the court confirming completion of each aspect of the
1127diligent search enumerated in this subsection and specifying the
1128results. The diligent search required under this subsection may
1129be conducted before the birth of the minor.
1130     (6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1131if, as to any person whose consent is required under s. 63.062
1132and who has not executed a consent to adoption or an affidavit
1133of nonpaternity, the location of the person is unknown and the
1134inquiry under subsection (4) fails to locate the person. The
1135unlocated person must be served notice under subsection (3) by
1136constructive service in the manner provided in chapter 49. The
1137notice shall be published in the county where the person was
1138last known to have resided. The notice, in addition to all
1139information required under chapter 49, must include a physical
1140description, including, but not limited to, age, race, hair and
1141eye color, and approximate height and weight of the person, the
1142minor's date of birth, and the place of birth of the minor.
1143Constructive service by publication shall not be required to
1144provide notice to a an identified birth father whose consent is
1145not required under pursuant to ss. 63.062 and 63.064.
1146     Section 14.  Section 63.089, Florida Statutes, is amended
1147to read:
1148     63.089  Proceeding to terminate parental rights pending
1149adoption; hearing; grounds; dismissal of petition; judgment.--
1150     (1)  HEARING.--The court may terminate parental rights
1151pending adoption only after a hearing.
1152     (2)  HEARING PREREQUISITES.--The court may hold the hearing
1153only when:
1154     (a)  For each person whose consent to adoption is required
1155under s. 63.062:
1156     1.  A consent under s. 63.082 has been executed and filed
1157with the court;
1158     2.  An affidavit of nonpaternity under s. 63.082 has been
1159executed and filed with the court;
1160     3.  Notice has been provided under ss. 63.087 and 63.088;
1161or
1162     4.  The certificate from the Office of Vital Statistics has
1163been provided to the court stating that a diligent search has
1164been made of the Florida Putative Father Registry created in s.
116563.054 and that no filing has been found pertaining to the
1166father of the child in question or, if a filing is found,
1167stating the name of the putative father and the time and date of
1168the filing.
1169     (b)  For each notice and petition that must be served under
1170ss. 63.087 and 63.088:
1171     1.  At least 20 days have elapsed since the date of
1172personal service of process and an affidavit of service has been
1173filed with the court;
1174     2.  At least 30 days have elapsed since the first date of
1175publication of constructive service and an affidavit of service
1176has been filed with the court; or
1177     3.  An affidavit of nonpaternity, consent for adoption, or
1178other document that which affirmatively waives service has been
1179executed and filed with the court;
1180     (c)  The minor named in the petition has been born; and
1181     (d)  The petition contains all information required under
1182s. 63.087 and all affidavits of inquiry, diligent search, and
1183service required under s. 63.088 have been obtained and filed
1184with the court.
1185     (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1186ADOPTION.--The court may enter a judgment terminating parental
1187rights pending adoption if the court determines by clear and
1188convincing evidence, supported by written findings of fact, that
1189each person whose consent to adoption is required under s.
119063.062:
1191     (a)  Has executed a valid consent under s. 63.082 and the
1192consent was obtained according to the requirements of this
1193chapter;
1194     (b)  Has executed an affidavit of nonpaternity and the
1195affidavit was obtained according to the requirements of this
1196chapter;
1197     (c)  Has been served with a notice of the intended adoption
1198plan in accordance with the provisions of s. 63.062(3) and has
1199failed to respond within the designated time period;
1200     (d)  Has been properly served notice of the proceeding in
1201accordance with the requirements of this chapter and has failed
1202to file a written answer and or appear at the evidentiary
1203hearing resulting in the judgment terminating parental rights
1204pending adoption;
1205     (e)  Has been properly served notice of the proceeding in
1206accordance with the requirements of this chapter and has been
1207determined under subsection (4) to have abandoned the minor as
1208defined in s. 63.032;
1209     (f)  Is a parent of the person to be adopted, which parent
1210has been judicially declared incapacitated with restoration of
1211competency found to be medically improbable;
1212     (g)  Is a person who has legal custody of the person to be
1213adopted, other than a parent, who has failed to respond in
1214writing to a request for consent for a period of 60 days or,
1215after examination of his or her written reasons for withholding
1216consent, is found by the court to be withholding his or her
1217consent unreasonably;
1218     (h)  Has been properly served notice of the proceeding in
1219accordance with the requirements of this chapter, but has been
1220found by the court, after examining written reasons for the
1221withholding of consent, to be unreasonably withholding his or
1222her consent; or
1223     (i)  Is the spouse of the person to be adopted who has
1224failed to consent, and the failure of the spouse to consent to
1225the adoption is excused by reason of prolonged and unexplained
1226absence, unavailability, incapacity, or circumstances that are
1227found by the court to constitute unreasonable withholding of
1228consent.
1229     (4)  FINDING OF ABANDONMENT.--A finding of abandonment
1230resulting in a termination of parental rights must be based upon
1231clear and convincing evidence that a parent or person having
1232legal custody has abandoned the child in accordance with the
1233definition contained in s. 63.032(1). A finding of abandonment
1234may be based upon emotional abuse or a refusal to provide
1235reasonable financial support, when able, to a birth mother
1236during her pregnancy. If, in the opinion of the court, the
1237efforts of a parent or person having legal custody of the child
1238to support and communicate with the child are only marginal
1239efforts that do not evince a settled purpose to assume all
1240parental duties, the court may declare the child to be
1241abandoned. In making this decision, the court may consider the
1242conduct of a father toward the child's mother during her
1243pregnancy.
1244     (a)  In making a determination of abandonment at a hearing
1245for termination of parental rights under pursuant to this
1246chapter, the court must consider, among other relevant factors
1247not inconsistent with this section:
1248     1.  Whether the actions alleged to constitute abandonment
1249demonstrate a willful disregard for the safety or welfare of the
1250child or unborn child;
1251     2.  Whether the person alleged to have abandoned the child,
1252while being able, failed to provide financial support;
1253     3.  Whether the person alleged to have abandoned the child,
1254while being able, failed to pay for medical treatment; and
1255     4.  Whether the amount of support provided or medical
1256expenses paid was appropriate, taking into consideration the
1257needs of the child and relative means and resources available to
1258the person alleged to have abandoned the child.
1259     (b)  The child has been abandoned when the parent of a
1260child is incarcerated on or after October 1, 2001, in a state or
1261federal correctional institution and:
1262     1.  The period of time for which the parent has been or is
1263expected to be incarcerated will constitute a significant
1264substantial portion of the child's minority period of time
1265before the child will attain the age of 18 years;
1266     2.  The incarcerated parent has been determined by the
1267court to be a violent career criminal as defined in s. 775.084,
1268a habitual violent felony offender as defined in s. 775.084,
1269convicted of child abuse as defined in s. 827.03, or a sexual
1270predator as defined in s. 775.21; has been convicted of first
1271degree or second degree murder in violation of s. 782.04 or a
1272sexual battery that constitutes a capital, life, or first degree
1273felony violation of s. 794.011; or has been convicted of an
1274offense in another jurisdiction which is substantially similar
1275to one of the offenses listed in this subparagraph. As used in
1276this section, the term "substantially similar offense" means any
1277offense that is substantially similar in elements and penalties
1278to one of those listed in this subparagraph, and that is in
1279violation of a law of any other jurisdiction, whether that of
1280another state, the District of Columbia, the United States or
1281any possession or territory thereof, or any foreign
1282jurisdiction; or
1283     3.  The court determines by clear and convincing evidence
1284that continuing the parental relationship with the incarcerated
1285parent would be harmful to the child and, for this reason, that
1286termination of the parental rights of the incarcerated parent is
1287in the best interest of the child.
1288     (5)  DISMISSAL OF PETITION.--If the court does not find by
1289clear and convincing evidence that parental rights of a parent
1290should be terminated pending adoption, the court must dismiss
1291the petition and that parent's parental rights that were the
1292subject of such petition shall remain in full force under the
1293law. The order must include written findings in support of the
1294dismissal, including findings as to the criteria in subsection
1295(4) if rejecting a claim of abandonment. Parental rights may not
1296be terminated based upon a consent that the court finds has been
1297timely withdrawn under s. 63.082 or a consent to adoption or
1298affidavit of nonpaternity that the court finds was obtained by
1299fraud or duress. The court must enter an order based upon
1300written findings providing for the placement of the minor. The
1301court may order scientific testing to determine the paternity of
1302the minor at any time during which the court has jurisdiction
1303over the minor, upon a showing that the testing is in compliance
1304with state law. Further proceedings, if any, regarding the minor
1305must be brought in a separate custody action under chapter 61, a
1306dependency action under chapter 39, or a paternity action under
1307chapter 742.
1308     (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1309ADOPTION.--
1310     (a)  The judgment terminating parental rights pending
1311adoption must be in writing and contain findings of fact as to
1312the grounds for terminating parental rights pending adoption.
1313     (b)  Within 7 days after filing, the court shall mail a
1314copy of the judgment to the department. The clerk shall execute
1315a certificate of the such mailing.
1316     (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1317     (a)  A motion for relief from a judgment terminating
1318parental rights must be filed with the court originally entering
1319the judgment. The motion must be filed within a reasonable time,
1320but not later than 1 year after the entry of the judgment
1321terminating parental rights.
1322     (b)  No later than 30 days after the filing of a motion
1323under this subsection, the court must conduct a preliminary
1324hearing to determine what contact, if any, shall be permitted
1325between a parent and the child pending resolution of the motion.
1326The Such contact shall be considered only if it is requested by
1327a parent who has appeared at the hearing. If the court orders
1328contact between a parent and child, the order must be issued in
1329writing as expeditiously as possible and must state with
1330specificity the terms any provisions regarding contact with
1331persons other than those with whom the child resides.
1332     (c)  At the preliminary hearing, the court, upon the motion
1333of any party or upon its own motion, may order scientific
1334testing to determine the paternity of the minor if the person
1335seeking to set aside the judgment is a person whose consent is
1336required alleging to be the child's father and that fact has not
1337previously been determined by legitimacy or scientific testing,
1338and if the testing is in compliance with state law. The court
1339may order visitation with a person for whom scientific testing
1340for paternity has been ordered and who has previously
1341established a bonded relationship with the child.
1342     (d)  Unless otherwise agreed between the parties or for
1343good cause shown, the court shall conduct a final hearing on the
1344motion for relief from judgment within 45 days after the filing
1345and enter its written order as expeditiously as possible
1346thereafter.
1347     (8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1348records pertaining to a petition to terminate parental rights
1349pending adoption are related to the subsequent adoption of the
1350minor and are subject to the provisions of s. 63.162. The
1351confidentiality provisions of this chapter do not apply to the
1352extent information regarding persons or proceedings must be made
1353available as specified under s. 63.088.
1354     Section 15.  Section 63.092, Florida Statutes, is amended
1355to read:
1356     63.092  Report to the court of intended placement by an
1357adoption entity; at-risk placement; preliminary study.--
1358     (1)  REPORT TO THE COURT.--The adoption entity must report
1359any intended placement of a minor for adoption with any person
1360who is not a relative or a stepparent if the adoption entity has
1361knowledge of, or participates in the, such intended placement.
1362The report must be made to the court before the minor is placed
1363in the home or within 2 business days 48 hours thereafter.
1364Failure to file the report of intended placement within 2
1365business days does not constitute grounds to deny the petition
1366for termination of parental rights or adoption if the report is
1367subsequently filed and no party is prejudiced by the failure to
1368file the report in a timely manner.
1369     (2)  AT-RISK PLACEMENT.--If the minor is placed in the
1370prospective adoptive home before the parental rights of the
1371minor's parents are terminated under s. 63.089, the placement is
1372an at-risk placement. If the placement is an at-risk placement,
1373the prospective adoptive parents must acknowledge in writing
1374before the minor may be placed in the prospective adoptive home
1375that the placement is at risk. The prospective adoptive parents
1376shall be advised by the adoption entity, in writing, that the
1377minor is subject to removal from the prospective adoptive home
1378by the adoption entity or by court order at any time before
1379prior to the finalization of the adoption.
1380     (3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1381the intended adoptive home, a preliminary home study must be
1382performed by a licensed child-placing agency, a child-caring
1383agency registered under s. 409.176, a licensed psychologist,
1384clinical social worker, marriage and family therapist, or mental
1385health counselor qualified and licensed to perform a home study
1386in the state or country where the adoptive parent resides
1387professional, or agency described in s. 61.20(2), unless the
1388adoptee is an adult or the petitioner is a stepparent or a
1389relative. If the adoptee is an adult or the petitioner is a
1390stepparent or a relative, a preliminary home study may be
1391required by the court for good cause shown. The department is
1392required to perform the preliminary home study only if there is
1393no licensed child-placing agency, child-caring agency registered
1394under s. 409.176, licensed professional, or agency described in
1395s. 61.20(2), in the county where the prospective adoptive
1396parents reside. The preliminary home study must be made to
1397determine the suitability of the intended adoptive parents and
1398may be completed before prior to identification of a prospective
1399adoptive minor. A favorable preliminary home study is valid for
14001 year after the date of its completion. Upon its completion, a
1401copy of the home study must be provided to the intended adoptive
1402parents who were the subject of the home study. A minor may not
1403be placed in an intended adoptive home before a favorable
1404preliminary home study is completed unless the adoptive home is
1405also a licensed foster home under s. 409.175. The preliminary
1406home study must include, at a minimum:
1407     (a)  An interview with the intended adoptive parents;
1408     (b)  Records checks of the department's central abuse
1409registry and criminal records correspondence checks under
1410pursuant to s. 435.045 through the Department of Law Enforcement
1411on the intended adoptive parents;
1412     (c)  An assessment of the physical environment of the home;
1413     (d)  A determination of the financial security of the
1414intended adoptive parents;
1415     (e)  Documentation of counseling and education of the
1416intended adoptive parents on adoptive parenting;
1417     (f)  Documentation that information on adoption and the
1418adoption process has been provided to the intended adoptive
1419parents;
1420     (g)  Documentation that information on support services
1421available in the community has been provided to the intended
1422adoptive parents; and
1423     (h)  A copy of each prospective adoptive parent's signed
1424acknowledgment of receipt of disclosure required by s. 63.085.
1425
1426If the preliminary home study is favorable, a minor may be
1427placed in the home pending entry of the judgment of adoption. A
1428minor may not be placed in the home if the preliminary home
1429study is unfavorable. If the preliminary home study is
1430unfavorable, the adoption entity may, within 20 days after
1431receipt of a copy of the written recommendation, petition the
1432court to determine the suitability of the intended adoptive
1433home. A determination as to suitability under this subsection
1434does not act as a presumption of suitability at the final
1435hearing. In determining the suitability of the intended adoptive
1436home, the court must consider the totality of the circumstances
1437in the home. No minor may be placed in a home in which there
1438resides any person determined by the court to be a sexual
1439predator as defined in s. 775.21 or to have been convicted of an
1440offense listed in s. 63.089(4)(b)2.
1441     Section 16.  Subsections (1), (2), (3), and (6) of section
144263.102, Florida Statutes, are amended to read:
1443     63.102  Filing of petition for adoption or declaratory
1444statement; venue; proceeding for approval of fees and costs.--
1445     (1)  PETITION FOR ADOPTION.--A petition for adoption may
1446not be filed until after the entry of the judgment or decree
1447terminating parental rights pending adoption under this chapter,
1448unless the adoptee is an adult or, the petitioner is a
1449stepparent or a relative, or the minor has been the subject of a
1450judgment terminating parental rights under chapter 39. After a
1451judgment terminating parental rights has been entered, a
1452proceeding for adoption may be commenced by filing a petition
1453entitled, "In the Matter of the Adoption of _____" in the
1454circuit court. The person to be adopted shall be designated in
1455the caption in the name by which he or she is to be known if the
1456petition is granted. At the request of a party, the Any name by
1457which the minor was previously known may not be disclosed in the
1458petition, the notice of hearing according to s. 63.122(3), or
1459the judgment of adoption, or court docket according to s.
146063.162(3).
1461     (2)  VENUE.--A petition for adoption or for a declaratory
1462statement as to the adoption contract may shall be filed in the
1463county where the petition for termination of parental rights was
1464granted, in unless the court, in accordance with s. 47.122,
1465changes the venue to the county where the petitioner or
1466petitioners or the minor resides, or where the adoption entity
1467with which the minor has been placed is located. The circuit
1468court in this state may must retain jurisdiction over the matter
1469until a final judgment is entered on the adoption. The Uniform
1470Child Custody Jurisdiction and Enforcement Act does not apply
1471until a final judgment is entered on the adoption.
1472     (3)  FILING OF ADOPTION PETITION REQUIRED.--Except in cases
1473in which the minor child was placed by the department, unless
1474leave of court is granted for good cause shown, a petition for
1475adoption shall be filed not later than 60 days after entry of
1476the final judgment terminating parental rights.
1477     (6)  STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
1478for the adoption of a stepchild, a relative, or an adult may
1479shall not require the filing of a separate judgment or separate
1480proceeding terminating parental rights pending adoption. The
1481final judgment of adoption has shall have the effect of
1482terminating parental rights simultaneously with the granting of
1483the decree of adoption.
1484     Section 17.  Subsection (2) of section 63.112, Florida
1485Statutes, is amended to read:
1486     63.112  Petition for adoption; description; report or
1487recommendation, exceptions; mailing.--
1488     (2)  The following documents are required to be filed with
1489the clerk of the court at the time the petition is filed:
1490     (a)  A certified copy of the court judgment terminating
1491parental rights under chapter 39 or under this chapter or, if
1492the adoptee is an adult or a minor relative or stepchild of the
1493petitioner, the required consent, unless the such consent is
1494excused by the court.
1495     (b)  The favorable preliminary home study of the
1496department, licensed child-placing agency, or professional under
1497pursuant to s. 63.092, as to the suitability of the home in
1498which the minor has been placed, unless the petitioner is a
1499stepparent or a relative.
1500     (c)  A copy of any declaratory statement previously entered
1501by the court under pursuant to s. 63.102.
1502     (d)  Documentation that an interview was held with the
1503minor, if older than 12 years of age, unless the court, in the
1504best interest of the minor, dispenses with the minor's consent
1505under s. 63.062(1)(c).
1506     Section 18.  Subsection (3) of section 63.122, Florida
1507Statutes, is amended to read:
1508     63.122  Notice of hearing on petition.--
1509     (3)  Upon a showing by the petitioner that the privacy,
1510safety, or and welfare of the petitioner, parent, or minor may
1511be endangered, the court may order the names, addresses, or
1512other identifying information of the petitioner, parent, or
1513minor, or all both, to be deleted from the notice of hearing and
1514from the copy of the petition attached thereto, provided the
1515substantive rights of any person will not thereby be affected.
1516     Section 19.  Subsections (1) and (4) of section 63.125,
1517Florida Statutes, are amended to read:
1518     63.125  Final home investigation.--
1519     (1)  The final home investigation must be conducted before
1520the adoption becomes final. The investigation may be conducted
1521by a licensed child-placing agency or a licensed professional
1522qualified to conduct home studies in the same manner as provided
1523in s. 63.092 to ascertain whether the adoptive home is a
1524suitable home for the minor and whether the proposed adoption is
1525in the best interest of the minor. Unless directed by the court,
1526an investigation and recommendation are not required if the
1527petitioner is a stepparent or if the minor is related to one of
1528the adoptive parents within the third degree of consanguinity.
1529The department is required to perform the home investigation
1530only if there is no licensed child-placing agency or
1531professional pursuant to s. 63.092 in the county in which the
1532prospective adoptive parent resides.
1533     (4)  The department, the licensed child-placing agency, or
1534the professional making the required investigation may request
1535other state agencies, licensed professionals qualified to
1536conduct a home study, or child-placing agencies within or
1537outside this state to make investigations of designated parts of
1538the inquiry and to make a written report to the department, the
1539professional, or other person or agency.
1540     Section 20.  Subsection (4) of section 63.132, Florida
1541Statutes, is amended to read:
1542     63.132  Affidavit of expenses and receipts.--
1543     (4)  This section does not apply to an adoption by a
1544stepparent or an adoption of a relative or adult, does not apply
1545to the finalization of an adoption of a minor whose parental
1546rights were terminated under chapter 39, and does not apply to
1547the recognition of an adoption decree of a minor child adopted
1548in a foreign country.
1549     Section 21.  Subsection (1) of section 63.135, Florida
1550Statutes, is amended to read:
1551     63.135  Information under oath to be submitted to the
1552court.--
1553     (1)  The adoption entity or petitioner must file an
1554affidavit under the Uniform Child Custody Jurisdictional and
1555Enforcement Act in a termination of parental rights Each party
1556in an adoption proceeding, in the first pleading or in an
1557affidavit attached to that pleading, shall give information
1558under oath as to the child's present address, the places where
1559the child has lived within the last 5 years, and the names and
1560present addresses of the persons with whom the child has lived
1561during that period. In the pleading or affidavit each party
1562shall further declare under oath whether:
1563     (a)  The party has participated as a party or witness or in
1564any other capacity in any other litigation concerning the
1565custody of the same child in this or any other state;
1566     (b)  The party has information of any custody proceeding
1567concerning the child pending in a court of this or any other
1568state; and
1569     (c)  The party knows of any person not a party to the
1570proceedings who has physical custody of the child or claims to
1571have custody or visitation rights with respect to the child.
1572     Section 22.  Subsections (3) and (4) of section 63.142,
1573Florida Statutes, are amended to read:
1574     63.142  Hearing; judgment of adoption.--
1575     (3)  DISMISSAL.--
1576     (a)  If the petition is dismissed, further proceedings, if
1577any, regarding the minor must be brought in a separate custody
1578action under chapter 61, a dependency action under chapter 39,
1579or a paternity action under chapter 742 the court shall
1580determine the person that is to have custody of the minor.
1581     (b)  If the petition is dismissed, the court shall state
1582with specificity the reasons for the dismissal.
1583     (4)  JUDGMENT.--At the conclusion of the hearing, after the
1584court determines that the date for a parent to file an appeal of
1585a valid judgment terminating that parent's parental rights has
1586passed and no appeal, under pursuant to the Florida Rules of
1587Appellate Procedure, is pending and that the adoption is in the
1588best interest of the person to be adopted, a judgment of
1589adoption shall be entered. A judgment terminating parental
1590rights pending adoption is voidable and any later judgment of
1591adoption of that minor is voidable if, upon a parent's motion
1592for relief from judgment, the court finds that the adoption
1593fails to meet the requirements of this chapter. The motion must
1594be filed within a reasonable time, but not later than 1 year
1595after the date the judgment terminating parental rights was
1596entered.
1597     Section 23.  Section 63.152, Florida Statutes, is amended
1598to read:
1599     63.152  Application for new birth record.--Within 30 days
1600after entry of a judgment of adoption, the clerk of the court
1601shall transmit a certified statement of the entry to the state
1602registrar of vital statistics in the state where the adoptee was
1603born on a form provided by the Florida registrar. A new birth
1604record containing the necessary information supplied by the
1605certificate shall be issued by the registrar on application of
1606the adopting parents or the adopted person.
1607     Section 24.  Subsections (1), (3), (4), and (7) of section
160863.162, Florida Statutes, are amended, and subsection (8) is
1609added to that section, to read:
1610     63.162  Hearings and records in adoption proceedings;
1611confidential nature.--
1612     (1)  All hearings held in proceedings under this chapter
1613act shall be held in closed court without admittance of any
1614person other than essential officers of the court, the parties,
1615witnesses, counsel, persons who have not consented to the
1616adoption and are required to consent, and representatives of the
1617agencies who are present to perform their official duties.
1618     (3)  The court files, records, and papers in the adoption
1619of a minor shall be indexed only in the name of the petitioner,
1620and the name of the petitioner and the minor may shall not be
1621noted on any docket, index, or other record outside the court
1622file, except that closed agency files may be cross-referenced in
1623the original and adoptive names of the minor.
1624     (4)  A person may not disclose from the records the name
1625and identity of a birth parent, an adoptive parent, or an
1626adoptee unless:
1627     (a)  The birth parent authorizes in writing the release of
1628his or her name and files the release with the adoption entity,
1629an adoption reunion registry, the department, or the court;
1630     (b)  The adoptee, if 18 or more years of age, authorizes in
1631writing the release of his or her name; or, if the adoptee is
1632less than 18 years of age, written consent to disclose the
1633adoptee's name is obtained from an adoptive parent;
1634     (c)  The adoptive parent authorizes in writing the release
1635of his or her name; or
1636     (d)  Upon order of the court for good cause shown. In
1637determining whether good cause exists, the court shall give
1638primary consideration to the best interests of the adoptee, but
1639must also give due consideration to the interests of the
1640adoptive and birth parents. Factors to be considered in
1641determining whether good cause exists include, but are not
1642limited to:
1643     1.  The reason the information is sought;
1644     2.  The existence of means available to obtain the desired
1645information without disclosing the identity of the birth
1646parents, such as by having the court, a person appointed by the
1647court, the department, or the licensed child-placing agency
1648contact the birth parents and request specific information;
1649     3.  The desires, to the extent known, of the adoptee, the
1650adoptive parents, and the birth parents;
1651     4.  The age, maturity, judgment, and expressed needs of the
1652adoptee; and
1653     5.  The recommendation of the department, licensed child-
1654placing agency, or professional which prepared the preliminary
1655study and home investigation, or the department if no such study
1656was prepared, concerning the advisability of disclosure.
1657     (7)  The court may, upon petition of an adult adoptee, or
1658the adoptive parents if the adoptee is less than 18 years of
1659age, for good cause shown, appoint an intermediary or a licensed
1660child-placing agency to contact a birth parent to who has not
1661registered with the adoption registry pursuant to s. 63.165 and
1662advise him or her them of the adoptee's request to open the file
1663or the adoption registry, and offer the birth parent the
1664opportunity to waive confidentiality and consent to the opening
1665of his or her records availability of same.
1666     (8)  As a result of any proceeding under s. 382.015, this
1667section, or any other proceeding to unseal an original birth
1668certificate, the Department of Health may release an original
1669sealed birth certificate only to the department. The department
1670must make a written request for the birth certificate from the
1671Department of Health within 10 days after the department's
1672receipt of an order or other documentation authorizing unsealing
1673of the original birth certificate. Upon receipt of the
1674department's request, the Department of Health shall release the
1675original sealed birth certificate to the department in a manner
1676that will ensure confidentiality.
1677     Section 25.  Paragraph (c) of subsection (1) of section
167863.172, Florida Statutes, is amended to read:
1679     63.172  Effect of judgment of adoption.--
1680     (1)  A judgment of adoption, whether entered by a court of
1681this state, another state, or of any other place, has the
1682following effect:
1683     (c)  Except for rights of inheritance, It creates the
1684relationship between the adopted person and the petitioner and
1685all relatives of the petitioner that would have existed if the
1686adopted person were a blood descendant of the petitioner born
1687within wedlock. This relationship shall be created for all
1688purposes, including the rights of inheritance and applicability
1689of statutes, documents, and instruments, whether executed before
1690or after entry of the adoption judgment, that do not expressly
1691exclude an adopted person from their operation or effect.
1692     Section 26.  Section 63.182, Florida Statutes, is amended
1693to read:
1694     63.182  Statute of repose.--
1695     (1)  Notwithstanding s. 95.031 or s. 95.11 or any other
1696statute, an action or proceeding of any kind to vacate, set
1697aside, or otherwise nullify a judgment of adoption or an
1698underlying judgment terminating parental rights on any ground
1699may not be filed more than 1 year after entry of the judgment
1700terminating parental rights.
1701     (2)(a)  Except for the specific persons expressly entitled
1702to be given notice of an adoption in accordance with this
1703chapter, the interest which gives a person standing to set aside
1704an adoption must be direct, financial, and immediate, and the
1705person must show that he or she will gain or lose by the direct
1706legal operation and effect of the judgment. A showing of an
1707indirect, inconsequential, or contingent interest is wholly
1708inadequate, and a person with this indirect interest lacks
1709standing to set aside a judgment of adoption.
1710     (b)  This subsection is remedial and shall apply to all
1711adoptions, including those in which a judgment of adoption has
1712already been entered.
1713     Section 27.  Section 63.192, Florida Statutes, is amended
1714to read:
1715     63.192  Recognition of foreign judgment affecting
1716adoption.--A judgment of court terminating the relationship of
1717parent and child or establishing the relationship by adoption
1718issued under pursuant to due process of law by a court or
1719governmentally authorized body of any other jurisdiction within
1720or without the United States shall be recognized in this state,
1721and the rights and obligations of the parties on matters within
1722the jurisdiction of this state shall be determined as though the
1723judgment were issued by a court of this state. When a minor
1724child has been made available for adoption in a foreign state or
1725foreign country and the parental rights of the minor child's
1726parent have been terminated, or the child has been declared to
1727be abandoned or orphaned, no additional termination of parental
1728rights proceeding need occur, and the parties may proceed to a
1729judicial finalization of the adoption according to the
1730procedures set forth in this chapter.
1731     Section 28.  Section 63.207, Florida Statutes, is amended
1732to read:
1733     63.207  Out-of-state placement.--
1734     (1)  Unless the parent placing a minor for adoption files
1735an affidavit that the parent chooses to place the minor outside
1736the state, giving the reason for that placement, or the minor is
1737to be placed with a relative or with a stepparent, or the minor
1738is a special needs child, as defined in s. 409.166, or for other
1739good cause shown, an adoption entity may not:
1740     (a)  Take or send a minor out of the state for the purpose
1741of placement for adoption; or
1742     (b)  Place or attempt to place a minor for the purpose of
1743adoption with a family who primarily lives and works outside
1744Florida in another state. If an adoption entity is acting under
1745this subsection, the adoption entity must file a petition for
1746declaratory statement under pursuant to s. 63.102 for prior
1747approval of fees and costs. The court shall review the costs
1748under pursuant to s. 63.097. The petition for declaratory
1749statement may must be consolidated with converted to a petition
1750for an adoption upon placement of the minor in the home. When a
1751minor is placed for adoption with prospective adoptive parents
1752who primarily live and work outside this state, the circuit
1753court in this state may retain jurisdiction over the matter
1754until the adoption becomes final. The prospective adoptive
1755parents may finalize the adoption in this state or their home
1756state.
1757     (2)  An adoption entity may not counsel a birth mother to
1758leave the state for the purpose of giving birth to a child
1759outside the state in order to secure a fee in excess of that
1760permitted under s. 63.097 when it is the intention that the
1761child is to be placed for adoption outside the state.
1762     (3)  When applicable, the Interstate Compact on the
1763Placement of Children authorized in s. 409.401 shall be used in
1764placing children outside the state for adoption.
1765     Section 29.  Paragraphs (b), (c), (f), and (g) of
1766subsection (1) and subsections (2) and (7) of section 63.212,
1767Florida Statutes, are amended to read:
1768     63.212  Prohibited acts; penalties for violation.--
1769     (1)  It is unlawful for any person:
1770     (b)  Except an adoption entity, to place or attempt to
1771place within the state a minor for adoption unless the minor is
1772placed with a relative or with a stepparent. This prohibition,
1773however, does not apply to a person who is placing or attempting
1774to place a minor for the purpose of adoption with the adoption
1775entity.
1776     (c)  To sell or surrender, or to arrange for the sale or
1777surrender of, a minor to another person for money or anything of
1778value or to receive a such minor child for a such payment or
1779thing of value. If a minor is being adopted by a relative or by
1780a stepparent, or is being adopted through an adoption entity,
1781this paragraph does not prohibit the person who is contemplating
1782adopting the child from paying, under ss. 63.097 and 63.132, the
1783actual prenatal care and living expenses of the mother of the
1784child to be adopted, or from paying, under ss. 63.097 and
178563.132, the actual living and medical expenses of the such
1786mother under these sections for a reasonable time, not to exceed
17876 weeks, if medical needs require such support, after the birth
1788of the minor.
1789     (f)  Except an adoption agency or intermediary entity, to
1790charge or accept any fee or compensation of any nature from
1791anyone for making a referral in connection with an adoption or
1792for providing adoption services, facilitating, matching, or
1793placement services.
1794     (g)  Except an adoption agency or intermediary entity, to
1795advertise or offer to the public, in any way, by any medium
1796whatever that a minor is available for adoption or that a minor
1797is sought for adoption; and, further, it is unlawful for any
1798person to publish or broadcast any such advertisement without
1799including a Florida license number of the agency or attorney
1800placing the advertisement.
1801     (2)(a)  It is unlawful for any person under this chapter
1802to:
1803     1.  Knowingly provide false information; or
1804     2.  Knowingly withhold material information.
1805     (b)  It is unlawful for a parent, with the intent to
1806defraud, to accept benefits related to the same pregnancy from
1807more than one adoption entity without disclosing that fact to
1808each entity.
1809     (c)  It is unlawful for any person who knows that the
1810parent whose rights are to be terminated intends to object to
1811said termination to intentionally file the petition for
1812termination of parental rights in a county inconsistent with the
1813required venue under such circumstances.
1814
1815Any person who willfully violates any provision of this
1816subsection commits a misdemeanor of the second degree,
1817punishable as provided in s. 775.082 or s. 775.083. In addition,
1818the such person is liable for damages caused by the such acts or
1819omissions, including reasonable attorney's fees and costs.
1820Damages may be awarded through restitution in any related
1821criminal prosecution or by filing a separate civil action.
1822     (7)  It is unlawful for any adoptive parent or adoption
1823entity to obtain a preliminary home study or final home
1824investigation and fail to disclose the existence of the study or
1825investigation to the court when required by law to do so.
1826     Section 30.  Subsections (4) and (5) and paragraph (c) of
1827subsection (6) of section 63.213, Florida Statutes, are amended
1828to read:
1829     63.213  Preplanned adoption agreement.--
1830     (4)  An attorney who represents an intended father and
1831intended mother or any other attorney with whom that attorney is
1832associated shall not represent simultaneously a female who is or
1833proposes to be a volunteer mother in the same any matter
1834relating to a preplanned adoption agreement or preplanned
1835adoption arrangement.
1836     (5)  Payment to agents, finders, and intermediaries,
1837including attorneys and physicians, as a finder's fee for
1838finding volunteer mothers or matching a volunteer mother and
1839intended father and intended mother is prohibited and subject to
1840the penalties and sanctions under 63.212 and 63.219. Doctors,
1841psychologists, attorneys, and other professionals may receive
1842reasonable compensation for their professional services, such as
1843providing medical services and procedures, legal advice in
1844structuring and negotiating a preplanned adoption agreement, or
1845counseling.
1846     (6)  As used in this section, the term:
1847     (c)  "Fertility technique" means artificial embryonation,
1848artificial insemination, whether in vivo or in vitro, egg
1849donation, or embryo adoption.
1850     Section 31.  Section 63.219, Florida Statutes, is amended
1851to read:
1852     63.219  Sanctions.--Upon a finding by the court that an
1853adoption entity or any person has willfully violated any
1854substantive provision of this chapter relative to the rights of
1855the parties to the adoption and legality of the adoption
1856process, the court is authorized to prohibit the adoption entity
1857or any person from placing a minor for adoption and enjoin them
1858from engaging in further placement activities in the future in
1859this state.
1860     Section 32.  Section 63.236, Florida Statutes, is created
1861to read:
1862     63.236  Petitions filed before effective date; governing
1863law.--Any petition for termination of parental rights filed
1864before the July 1, 2005, shall be governed by the law in effect
1865at the time the petition was filed.
1866     Section 33.  Paragraph (a) of subsection (2), paragraph (a)
1867of subsection (3), and subsection (5) of section 409.166,
1868Florida Statutes, are amended to read:
1869     409.166  Special needs children; subsidized adoption
1870program.--
1871     (2)  DEFINITIONS.--As used in this section, the term:
1872     (a)  "Special needs child" means a child whose permanent
1873custody has been awarded to the department or to a licensed
1874child-placing agency or placed through an adoption intermediary
1875and:
1876     1.  Who has established significant emotional ties with his
1877or her foster parents; or
1878     2.  Is not likely to be adopted because he or she is:
1879     a.  Eight years of age or older;
1880     b.  Mentally retarded;
1881     c.  Physically or emotionally handicapped;
1882     d.  Of black or racially mixed parentage; or
1883     e.  A member of a sibling group of any age, provided two or
1884more members of a sibling group remain together for purposes of
1885adoption.
1886     (3)  ADMINISTRATION OF PROGRAM.--
1887     (a)  The department shall establish and administer an
1888adoption program for special needs children to be carried out by
1889the department or by contract with a licensed child-placing
1890agency or adoption intermediary. The program shall attempt to
1891increase the number of persons seeking to adopt special needs
1892children and the number of adoption placements and shall extend
1893subsidies and services, when needed, to the adopting parents of
1894a special needs child.
1895     (5)  WAIVER OF ADOPTION FEES.--The adoption fees shall be
1896waived for all adoptive parents who participate in the program
1897who adopt children in the custody of the department. Fees may be
1898waived for families who adopt children in the custody of
1899licensed child-placing agencies or who adopt children through
1900intermediary-placed independent adoptions, and who receive or
1901may be eligible for subsidies through the department.
1902Retroactive reimbursement of fees may not be required for
1903families who adopt children in the custody of licensed child-
1904placing agencies.
1905     Section 34.  Paragraph (b) of subsection (5), paragraph (b)
1906of subsection (10), paragraph (b) of subsection (11), and
1907subsection (14) of section 409.176, Florida Statutes, are
1908amended to read:
1909     409.176  Registration of residential child-caring agencies
1910and family foster homes.--
1911     (5)  The licensing provisions of s. 409.175 do not apply to
1912a facility operated by an organization that:
1913     (b)  Is certified by a Florida statewide child care
1914organization which was in existence on January 1, 1984, and
1915which publishes, and requires compliance with, its standards and
1916files copies thereof with the department. These Such standards
1917shall be in substantial compliance with published minimum
1918standards that similar licensed child-caring agencies, licensed
1919child-placing agencies, or family foster homes are required to
1920meet, as determined by the department, with the exception of
1921those standards of a curricular or religious nature and those
1922relating to staffing or financial stability of licensed child-
1923caring agencies or family foster homes. Once the department has
1924determined that the standards for child-caring agencies, child-
1925placing agencies, or family foster homes are in substantial
1926compliance with minimum standards that similar facilities are
1927required to meet, the standards do not have to be resubmitted to
1928the department unless a change occurs in the standards. Any
1929changes in the standards shall be provided to the department
1930within 10 days of their adoption.
1931     (10)
1932     (b)  The qualified association shall notify the department
1933when the qualified association finds, within 30 days after
1934written notification by registered mail of the requirement for
1935registration, that a person or facility continues to care for
1936children without a certificate of registration. The department
1937shall notify the appropriate state attorney of the violation of
1938law and, if necessary, shall institute a civil suit to enjoin
1939the person or facility from continuing the care or placement of
1940children.
1941     (11)
1942     (b)  If the department determines that a person or facility
1943is caring for or placing a child without a valid certificate of
1944registration issued by the qualified association or has made a
1945willful or intentional misstatement on any registration
1946application or other document required to be filed in connection
1947with an application for a certificate of registration, the
1948qualified association, as an alternative to or in conjunction
1949with an administrative action against the such person or
1950facility, shall make a reasonable attempt to discuss each
1951violation with, and recommend corrective action to, the person
1952or the administrator of the facility, prior to written
1953notification thereof.
1954     (14)  Registration under this section, including the issue
1955of substantial compliance with published minimum standards that
1956similar licensed child-caring facilities, licensed child-placing
1957agencies, or family foster homes are required to meet, as
1958provided in paragraph (5)(b), is subject to the provisions of
1959chapter 120.
1960     Section 35.  Section 742.14, Florida Statutes, is amended
1961to read:
1962     742.14  Donation of eggs, sperm, or preembryos, or
1963embryos.--The donor of any egg, sperm, or preembryo, or embryo,
1964other than the commissioning couple or a father who has executed
1965a preplanned adoption agreement under s. 63.212, shall
1966relinquish all maternal or paternal rights and obligations with
1967respect to the donation or the resulting children simultaneously
1968upon the completion of the donation by operation of law. Only
1969reasonable compensation directly related to the donation of
1970eggs, sperm, and preembryos, and embryos shall be permitted.
1971     Section 36.  Subsection (2) of section 742.15, Florida
1972Statutes, is amended to read:
1973     742.15  Gestational surrogacy contract.--
1974     (2)  The commissioning couple shall enter into a contract
1975with a gestational surrogate only when, within reasonable
1976medical certainty as determined by a physician licensed under
1977chapter 458 or chapter 459 or a physician licensed under an
1978equivalent law in the physician's state of practice:
1979     (a)  The commissioning mother cannot physically gestate a
1980pregnancy to term;
1981     (b)  The gestation will cause a risk to the physical health
1982of the commissioning mother; or
1983     (c)  The gestation will cause a risk to the health of the
1984fetus.
1985     Section 37.  Subsections (6) and (7) of section 742.16,
1986Florida Statutes, are amended to read:
1987     742.16  Expedited affirmation of parental status for
1988gestational surrogacy.--
1989     (6)  The commissioning couple or their legal representative
1990shall appear at the hearing on the petition. At the conclusion
1991of the hearing, after the court has determined that a binding
1992and enforceable gestational surrogacy contract has been executed
1993pursuant to s. 742.15 and that there is no evidence that the
1994gestational surrogate is the genetic mother at least one member
1995of the commissioning couple is the genetic parent of the child,
1996the court shall enter an order stating that the commissioning
1997couple are the legal parents of the child.
1998     (7)  When there is no evidence that the gestational
1999surrogate is the genetic mother at least one member of the
2000commissioning couple is the genetic parent of the child, the
2001commissioning couple shall be presumed to be the natural parents
2002of the child.
2003     Section 38.  Section 742.18, Florida Statutes, is created
2004to read:
2005     742.18  Prohibited fees and acts.--
2006     (1)  A person or entity, except a licensed physician,
2007fertility clinic, or attorney, may not:
2008     (a)  Receive compensation in advising or assisting in donor
2009or gestational carrier arrangements.
2010     (b)  Advertise or offer to the public, in any way, by any
2011medium whatsoever, that a donor, carrier, or intended parent is
2012sought for or available for matching or that the person or
2013entity provides services in the arrangements.
2014     (c)  Publish or broadcast any advertisement except that an
2015intended parent or parents, carrier, or donor seeks a donor,
2016intended parent, or carrier for the person's or entity's own
2017arrangement.
2018     (d)  Charge or accept any fee or compensation of any nature
2019to or from anyone for making a referral in connection with a
2020donor or carrier arrangement or for facilitating such an
2021arrangement.
2022     (e)  Hold funds in escrow in a donor or gestational carrier
2023arrangement.
2024     (f)  Assist in the commission of any act in paragraphs (a)-
2025(e).
2026     (2)  A fee, whether denominated as an agent, agency,
2027finder, or facilitator's fee for finding, screening, matching,
2028or facilitating a donor or gestational carrier arrangement, may
2029not be paid to or received by a person other than a licensed
2030physician, a fertility clinic, or an attorney.
2031     (3)  A person or entity who violates this section may be
2032enjoined by a court from engaging in these practices in this
2033state.
2034     (4)(a)  A person who willfully violates this section
2035commits a misdemeanor of the second degree, punishable as
2036provided in s. 775.082 or s. 775.083. Each day of a continuing
2037violation constitutes a separate offense.
2038     (b)  A person who violates this section is liable for
2039damages caused by his or her acts or omissions and for
2040reasonable attorney's fees and costs. Damages may be awarded
2041through restitution in any related criminal prosecution or by
2042filing a separate civil action.
2043     Section 39.  This act shall take effect July 1, 2005.


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