HB 1299

1	A bill to be entitled
2	An act relating to adoption; amending s. 63.022, F.S.;
3	providing legislative intent; amending s. 63.032, F.S.;
4	redefining terms and defining the term "primarily lives
5	and works in Florida"; amending s. 63.039, F.S.; requiring
6	an adoption entity to diligently search for a person whose
7	consent is required for the adoption; amending s. 63.0423,
8	F.S.; providing that a judgment of adoption is voidable
9	under certain circumstances if a court finds that a person
10	whose consent is required gave false information; amending
11	s. 63.0425, F.S.; providing a grandparent's right to
12	notice; amending s. 63.052, F.S.; providing that a court
13	in this state retains jurisdiction until the adoption is
14	finalized in this state or in another state; amending s.
15	63.053, F.S.; providing that if an unmarried biological
16	father fails to take the actions that are available to him
17	to establish a relationship with his child, his parental
18	interest may be lost entirely; amending s. 63.054, F.S.;
19	requiring adoption entity to provide certain information
20	to the Department of Health; providing that if a putative
21	father fails to report a change of address to the Florida
22	Putative Father Registry, the failure is not a valid
23	defense based upon lack of notice and the adoption entity
24	or adoption petitioner is not obligated to search further
25	for the registrant; providing that if a father who is
26	required to consent to an adoption does not know the
27	county in which the birth mother resides, gave birth, or
28	intends to give birth, he may initiate an action in any
29	county in the state; amending s. 63.062, F.S.; providing
30	that an adoption agency may file a notice of an intended
31	adoption plan at any time before the birth of the child or
32	before placing the child in the adoptive home; requiring
33	an adoption entity to make a good faith effort to locate
34	the putative father; providing when an adoption entity has
35	no further obligation to search for the putative father;
36	providing for the proper venue to file a petition to
37	terminate parental rights; amending s. 63.082, F.S.;
38	providing that notice and consent provisions do not apply
39	in cases where the child was conceived as a result of a
40	violation of certain criminal statutes; limiting
41	revocation of a consent to adopt to 3 days if the child is
42	older than 6 months of age; authorizing a court to
43	transfer a child to the prospective adoptive parents under
44	certain circumstances; requiring the adoption entity to
45	file a petition for adoption or termination of parental
46	rights after the transfer of the child; amending s.
47	63.085, F.S.; revising provision relating to who may sign
48	a valid consent for adoption; amending s. 63.087, F.S.;
49	providing procedures to terminate parental rights pending
50	an adoption; providing the proper venue in which to file a
51	petition to terminate parental rights; requiring a person
52	to answer the petition and to appear at the hearing for
53	termination of parental rights; amending s. 63.088, F.S.;
54	requiring the court to conduct an inquiry concerning the
55	father of the child who is to be adopted; revising
56	requirements for notice concerning the termination of
57	parental rights; requiring persons contacted by a
58	petitioner or adoption entity to release certain
59	information; amending s. 63.089, F.S.; revising provisions
60	relating to service of notice and petition regarding
61	termination of parental rights and consent to adoption;
62	requiring that certain scientific testing to determine
63	paternity comply with state law; amending s. 63.092, F.S.;
64	providing that if an adoption entity fails to file the
65	report of its intended placement within the specified time
66	period the failure does not constitute grounds to deny the
67	petition for termination of parental rights or adoption
68	under certain circumstances; identifying additional
69	individuals who may perform a home study; providing an
70	exception if the person to be adopted is an adult;
71	amending s. 63.102, F.S.; revising procedures for the
72	filing of a petition for adoption; providing the proper
73	venue where the petition may be filed; amending s. 63.112,
74	F.S.; revising language requiring that a certified copy of
75	a judgment terminating parental rights be filed at the
76	same time the petition is filed; amending s. 63.122, F.S.;
77	providing that certain information may be removed from the
78	petition; amending s. 63.125, F.S.; providing certain
79	licensed professionals may conduct the final home
80	investigation; amending s. 63.132, F.S.; providing
81	exceptions to the requirement that the adoptive parent and
82	the adoption entity file an affidavit itemizing all
83	expenses and receipts; amending s. 63.135, F.S.; requiring
84	the adoption entity or petitioner to file an affidavit
85	under the Uniform Child Custody Jurisdictional and
86	Enforcement Act; revising information required to be
87	submitted under oath to the court; amending s. 63.142,
88	F.S.; requiring that if an adoption petition is dismissed,
89	any further proceedings regarding the minor be brought in
90	a separate custody action under ch. 61, F.S., a dependency
91	action under ch. 39, F.S., or a paternity action under ch.
92	742, F.S.; amending s. 63.152, F.S.; requiring the clerk
93	of court to transmit a certified statement of the adoption
94	to the state where the child was born; amending s. 63.162,
95	F.S.; authorizing the birth parent to release his or her
96	name under certain circumstances; authorizes a court to
97	permit certain entities to contact a birth parent to
98	advise him or her of the adoptee's request to open the
99	file or the adoption registry and provide the opportunity
100	to waive confidentiality and consent to the opening of
101	records; providing requirements for release of an original
102	sealed birth certificate; amending s. 63.172, F.S.;
103	granting rights of inheritance when a judgment of adoption
104	has been entered; amending s. 63.182, F.S.; providing that
105	the interest that gives a person standing to set aside an
106	adoption must be direct, financial, and immediate;
107	providing an exception; providing that a showing of an
108	indirect, inconsequential, or contingent interest is
109	wholly inadequate; providing construction and
110	applicability; amending s. 63.192, F.S.; requiring the
111	courts of this state to recognize decrees of termination
112	of parental rights and adoptions from other states and
113	countries; amending s. 63.207, F.S.; revising provisions
114	relating to out-of-state placement of minors; amending s.
115	63.212, F.S.; revising acts that are unlawful pertaining
116	to adoptions; providing penalties; amending s. 63.213,
117	F.S.; prohibiting an attorney from representing the
118	volunteer mother and the intended mother in a preplanned
119	adoption arrangement; providing penalties and sanctions
120	for payment of finder's fees in certain preplanned
121	adoption agreements; revising the definition of "fertility
122	technique"; amending s. 63.219, F.S.; providing sanctions
123	for persons who violate ch. 63, F.S.; creating s. 63.236,
124	F.S.; providing that any petition for termination of
125	parental rights filed before the effective date of the act
126	is governed by the law in effect at the time the petition
127	was filed; amending s. 409.166, F.S.; redefining the term
128	"special needs child" to remove children of racially mixed
129	parentage; providing for participation by adoption
130	intermediaries in the adoption program for special needs
131	children administered by the Department of Children and
132	Family Services; amending s. 409.176, F.S.; providing that
133	licensing provisions do not apply to certain licensed
134	child-placing agencies; amending s. 742.14, F.S.;
135	providing that the donor of an embryo relinquishes all
136	parental rights and obligations to the embryo or the
137	resulting children at the time of the donation; amending
138	s. 742.15, F.S.; authorizing a physician in a state
139	outside this state to advise a commissioning couple
140	concerning a gestational surrogate; amending s. 742.16,
141	F.S.; revising requirements for affirmation of parental
142	status for gestational surrogacy; creating s. 742.18, F.S;
143	prohibiting a person or entity, except a licensed
144	physician, fertility clinic, or attorney, from doing
145	certain specified acts; prohibiting a person other than a
146	licensed physician, fertility clinic, or attorney from
147	accepting a fee for finding, screening, matching, or
148	facilitating a donor or gestational carrier arrangement;
149	providing that if a person willfully violates the section
150	he or she commits a misdemeanor of the second degree;
151	providing criminal penalties; providing that if a person
152	violates the section he or she is liable for damages
153	caused by his or her acts or omissions and for reasonable
154	attorney's fees and costs; providing an effective date.
155
156	Be It Enacted by the Legislature of the State of Florida:
157
158	Section 1.  Paragraph (e) of subsection (4) and subsection
159	(5) of section 63.022, Florida Statutes, are amended to read:
160	63.022  Legislative intent.--
161	(4)  The basic safeguards intended to be provided by this
162	chapter are that:
163	(e)  A sufficient period of time elapses during which the
164	minor has lived within the proposed adoptive home under the
165	guidance of an adoption entity, except stepparent adoptions or
166	relative adoptions of a relative.
167	(5)  It is the intent of the Legislature to provide for
168	cooperation between private adoption entities and the Department
169	of Children and Family Services in matters relating to permanent
170	placement options for children in the care of the department
171	whose parent or legal custodian wishes birth parents wish to
172	participate in a private adoption plan with a qualified family.
173	Section 2.  Section 63.032, Florida Statutes, is amended to
174	read:
175	63.032  Definitions.--As used in this chapter, the term:
176	(1)  "Abandoned" means a situation in which the parent or
177	person having legal custody of a child, while being able, makes
178	no provision for the child's support and makes little or no
179	effort to communicate with the child, which situation is
180	sufficient to evince an intent to reject parental
181	responsibilities. If, in the opinion of the court, the efforts
182	of the such parent or person having legal custody of the child
183	to support and communicate with the child are only marginal
184	efforts that do not evince a settled purpose to assume all
185	parental duties, the court may declare the child to be
186	abandoned. In making this decision, the court may consider the
187	conduct of a father towards the child's mother during her
188	pregnancy.
189	(2)  "Adoption" means the act of creating the legal
190	relationship between parent and child where it did not exist,
191	thereby declaring the child to be legally the child of the
192	adoptive parents and their heir at law and entitled to all the
193	rights and privileges and subject to all the obligations of a
194	child born to the such adoptive parents in lawful wedlock.
195	(3)  "Adoption entity" means the department, an agency, a
196	child-caring agency registered under s. 409.176, an
197	intermediary, an attorney licensed in another state who is
198	placing a child from another state into this state, or a child-
199	placing agency licensed in another state which is placing a
200	child from another state into this state and is qualified by the
201	department to place children in the State of Florida.
202	(4)  "Adoption plan" means an arrangement made by a birth
203	parent or other individual having a legal right to custody of a
204	minor child, born or to be born, with an adoption entity in
205	furtherance of placing the minor child for adoption.
206	(5)(4)  "Adult" means a person who is not a minor.
207	(6)(5)  "Agency" means any child-placing agency licensed by
208	the department under pursuant to s. 63.202 to place minors for
209	adoption.
210	(7)(6)  "Child" means a son or daughter, whether by birth
211	or adoption.
212	(8)(7)  "Court" means any circuit court of this state and,
213	when the context requires, the court of any state that is
214	empowered to grant petitions for adoption.
215	(9)(8)  "Department" means the Department of Children and
216	Family Services.
217	(10)(9)  "Intermediary" means an attorney who is licensed
218	or authorized to practice in this state and who is placing or
219	intends to place a child for adoption, including placing
220	children born in another state with citizens of this state or
221	country or placing children born in this state with citizens of
222	another state or country.
223	(11)(10)  "Legal custody" means a legal status created by
224	court order or letter of guardianship which vests in a custodian
225	of the child or guardian, whether an agency or an individual,
226	the right to have physical custody of the child and the right
227	and duty to protect, train, and discipline the child and to
228	provide him or her with food, shelter, education, and ordinary
229	medical, dental, psychiatric, and psychological care. The legal
230	custodian is the person or entity in whom the legal right to
231	custody is vested has the meaning ascribed in s. 39.01.
232	(12)(11)  "Minor" means a person under the age of 18 years.
233	(13)(12)  "Parent" means a woman who gives birth to a child
234	and a man whose consent to the adoption of the child would be
235	required under s. 63.062. If a child has been legally adopted,
236	the term "parent" means the adoptive mother or father of the
237	child. The terms "parent," "mother," and "father" do not include
238	an individual whose parental relationship to the child has been
239	legally terminated has the same meaning ascribed in s. 39.01.
240	(14)(13)  "Person" has the same meaning as in s. 1.01
241	includes a natural person, corporation, government or
242	governmental subdivision or agency, business trust, estate,
243	trust, partnership, or association, and any other legal entity.
244	(15)(14)  "Relative" means a person related by blood,
245	adoption, or marriage to the person being adopted within the
246	third degree of consanguinity.
247	(16)(15)  "To place" or "placement" means the process of a
248	parent or legal guardian surrendering a child for adoption and
249	the prospective adoptive parents receiving and adopting the
250	child, and includes all actions by any person or adoption entity
251	participating in the process.
252	(17)  "Primarily lives and works in Florida" means a person
253	who lives and works in this state at least 6 months and 1 day of
254	the year, military personnel who designate Florida as their
255	place of residence in accordance with the Servicemembers Civil
256	Relief Act, Pub. L. No. 108-189, or citizens of the United
257	States living in a foreign country who designate Florida as
258	their place of residence.
259	(16)  "Placement" means the process of a parent or legal
260	guardian surrendering a child for adoption and the prospective
261	adoptive parents receiving and adopting the child and all
262	actions by any adoption entity participating in placing the
263	child.
264	(18)(17)  "Primarily lives and works outside Florida" means
265	a person who lives and works outside this state at least 6
266	months and 1 day of the year, military personnel who designate a
267	state other than Florida as their place of residence in
268	accordance with the Servicemembers Civil Relief Act, Pub. L. No.
269	108-189 Soldiers' and Sailors' Civil Relief Act of 1940, or
270	citizens employees of the United States Department of State
271	living in a foreign country who designate a state other than
272	Florida as their place of residence and who do not reside in
273	Florida for 6 months and 1 day of the year.
274	(19)(18)  "Suitability of the intended placement" includes
275	the fitness of the intended placement, with primary
276	consideration being given to the best interest of the child.
277	(20)(19)  "Unmarried biological father" means the child's
278	biological father who is not married to the child's mother at
279	the time of conception or birth of the child and who has not
280	been declared by a court of competent jurisdiction to be the
281	legal father of the child.
282	(20)  "Adoption plan" means arrangements made by a birth
283	parent or other individual having a legal right to custody of a
284	minor child, born or to be born, with an adoption entity in
285	furtherance of the placement of the minor for adoption.
286	Section 3.  Paragraphs (f), (g), and (i) of subsection (1)
287	of section 63.039, Florida Statutes, are amended to read:
288	63.039  Duty of adoption entity to prospective adoptive
289	parents; sanctions.--
290	(1)  An adoption entity placing a minor for adoption has an
291	affirmative duty to follow the requirements of this chapter and
292	specifically the following provisions, which protect and promote
293	the well-being of persons being adopted and their parents and
294	prospective adoptive parents by promoting certainty, finality,
295	and permanency for such persons. The adoption entity must:
296	(f)  Obtain and file the affidavit of inquiry under
297	pursuant to s. 63.088(4), if the required inquiry is not
298	conducted orally in the presence of the court.
299	(g)  When the identity of a person whose consent to
300	adoption is required necessary under this chapter is known but
301	the location of such a person is unknown, conduct the diligent
302	search and file the affidavit required under s. 63.088(5).
303	(i)  Obtain the written waiver of venue if applicable
304	required under s. 63.062 in cases in which venue for the
305	termination of parental rights will be located in a county other
306	than the county where a parent whose rights are to be terminated
307	resides.
308	Section 4.  Subsection (9) of section 63.0423, Florida
309	Statutes, is amended to read:
310	63.0423  Procedures with respect to abandoned infants.--
311	(9)(a)  A judgment terminating parental rights pending
312	adoption involving a minor who was abandoned pursuant to this
313	section is voidable, and any later judgment of adoption of that
314	minor is voidable, if, upon the motion of a birth parent whose
315	consent is required for adoption, the court finds that a person
316	knowingly gave false information that prevented the birth parent
317	from timely making known his or her desire to assume parental
318	responsibilities toward the minor or from exercising his or her
319	parental rights. A motion under this subsection must be filed
320	with the court originally entering the judgment. The motion must
321	be filed within a reasonable time, but not later than 1 year
322	after the entry of the judgment terminating parental rights.
323	(b)  No later than 30 days after the filing of a motion
324	under this subsection, the court shall conduct a preliminary
325	hearing to determine what contact, if any, will be permitted
326	between a birth parent and the child pending resolution of the
327	motion. The Such contact may be allowed only if it is requested
328	by a parent who has appeared at the hearing and the court
329	determines that it is in the best interest of the child. If the
330	court orders contact between a birth parent and child, the order
331	must be issued in writing as expeditiously as possible and must
332	state with specificity the terms any provisions regarding
333	contact with persons other than those with whom the child
334	resides.
335	(c)  At the preliminary hearing, the court, upon the motion
336	of any party or upon its own motion, may order scientific
337	testing to determine the paternity or maternity of the minor if
338	the parent person seeking to set aside the judgment is alleging
339	to be the child's birth parent but has not previously been
340	determined by legal proceedings or scientific testing to be the
341	birth parent. Upon the filing of test results establishing that
342	parent's person's maternity or paternity of the abandoned
343	infant, the court may order visitation as it deems appropriate
344	and in the best interest of the child.
345	(d)  Within 45 days after the preliminary hearing, the
346	court shall conduct a final hearing on the motion to set aside
347	the judgment and shall enter its written order as expeditiously
348	as possible thereafter.
349	Section 5.  Section 63.0425, Florida Statutes, is amended
350	to read:
351	63.0425  Grandparent's right to notice adopt.--
352	(1)  When a child has lived with a grandparent for at least
353	6 months within the 24-month period immediately preceding the
354	filing of a petition for termination of parental rights pending
355	adoption, the adoption entity shall provide notice to that
356	grandparent of the hearing on the petition for termination of
357	parental rights pending adoption.
358	(2)  This section shall not apply if the placement for
359	adoption is a result of the death of the child's parent and a
360	different preference is stated in the parent's will.
361	(3)  This section shall not apply in stepparent adoptions.
362	(4)  Nothing in this section shall contravene the
363	provisions of s. 63.142(4).
364	Section 6.  Subsections (1) and (7) of section 63.052,
365	Florida Statutes, are amended to read:
366	63.052  Guardians designated; proof of commitment.--
367	(1)  For minors who have been placed for adoption with and
368	permanently committed to an adoption entity, other than an
369	intermediary, such adoption entity shall be the guardian of the
370	person of the minor and has the responsibility and authority to
371	provide for the needs and welfare of the minor.
372	(7)  The court retains jurisdiction of a minor who has been
373	placed for adoption until the adoption is finalized within or
374	outside this state final. After a minor is placed with an
375	adoption entity or prospective adoptive parent, the court may
376	review the status of the minor and the progress toward permanent
377	adoptive placement.
378	Section 7.  Subsection (1) of section 63.053, Florida
379	Statutes, is amended to read:
380	63.053  Rights and responsibilities of an unmarried
381	biological father; legislative findings.--
382	(1)  In enacting the provisions contained in this chapter,
383	the Legislature prescribes the conditions for determining
384	whether an unmarried biological father's actions are
385	sufficiently prompt and substantial so as to require protection
386	of a constitutional right. If an unmarried biological father
387	fails to take the actions that are available to him to establish
388	a relationship with his child, his parental interest may be lost
389	entirely, or greatly diminished, by his failure to timely comply
390	with the available legal steps to substantiate a parental
391	interest.
392	Section 8.  Subsections (1), (5), (6), (7), and (8) of
393	section 63.054, Florida Statutes, are amended to read:
394	63.054  Actions required by an unmarried biological father
395	to establish parental rights; Florida Putative Father
396	Registry.--
397	(1)  In order to preserve the right to notice and consent
398	to an adoption under this chapter, an unmarried biological
399	father must, as the "registrant," file a notarized claim of
400	paternity form with the Florida Putative Father Registry
401	maintained by the Office of Vital Statistics of the Department
402	of Health and shall include therein confirmation of his
403	willingness and intent to support the child for whom paternity
404	is claimed in accordance with state law. The claim of paternity
405	may be filed at any time prior to the child's birth, but a claim
406	of paternity may not be filed after the date a petition is filed
407	for termination of parental rights. The adoption entity shall
408	provide the Department of Health with a notification of filing
409	the petition for termination of parental rights. The Department
410	of Health shall adopt by rule a form to be completed by the
411	clerk of the court for notification of filing a petition for
412	termination of parental rights.
413	(5)  The registrant may, at any time prior to the birth of
414	the child for whom paternity is claimed, execute a notarized
415	written revocation of the claim of paternity previously filed
416	with the Florida Putative Father Registry, and upon receipt of
417	such revocation, the claim of paternity shall be deemed null and
418	void. If a court determines that a registrant is not the father
419	of the minor or has no parental rights, the court shall order
420	the department to remove the registrant's name from the
421	registry.
422	(6)  It is the obligation of the registrant or, if
423	designated under subsection (4), his designated agent or
424	representative to notify and update the Office of Vital
425	Statistics of any change of address or change in the designation
426	of an agent or representative. The failure of a registrant, or
427	designated agent or representative, to report any such change is
428	at the registrant's own risk and shall not serve as a valid
429	defense based upon lack of notice, and the adoption entity or
430	petitioner shall have no further obligation to search for the
431	registrant unless the person petitioning for termination of
432	parental rights or adoption has actual or constructive notice of
433	the registrant's address and whereabouts from another source.
434	(7)  In each proceeding for termination of parental rights
435	or each adoption proceeding in which parental rights are being
436	terminated simultaneously with entry of the final judgment of
437	adoption, as in stepparent and relative adoptions filed under
438	this chapter, the petitioner must contact the Office of Vital
439	Statistics of the Department of Health by submitting an
440	application for a search of the Florida Putative Father
441	Registry. The petitioner shall provide the same information, if
442	known, on the search application form which the registrant is
443	required to furnish under subsection (3). Thereafter, the Office
444	of Vital Statistics must issue a certificate signed by the State
445	Registrar certifying:
446	(a)  The identity and contact information, if any, for each
447	registered unmarried biological father whose information matches
448	the search request sufficiently so that the such person may be
449	considered a possible father of the subject child; or
450	(b)  That a diligent search has been made of the registry
451	of registrants who may be the unmarried biological father of the
452	subject child and that no matching registration has been located
453	in the registry.
454
455	The This certificate must be filed with the court in the
456	proceeding to terminate parental rights or the adoption
457	proceeding. If a termination of parental rights and an adoption
458	proceeding are being adjudicated separately simultaneously, the
459	Florida Putative Father Registry need only be searched once.
460	(8)  If an unmarried biological father does not know the
461	county in which the birth mother resides, gave birth, or intends
462	to give birth, he may initiate an action in any county in the
463	state, subject to the court's discretion to change venue in
464	accordance with s. 63.087 subject to the birth mother's right to
465	change venue to the county where she resides.
466	Section 9.  Subsections (2), (3), (4), (8), and (9) of
467	section 63.062, Florida Statutes, are amended to read:
468	63.062  Persons required to consent to adoption; affidavit
469	of nonpaternity; waiver of venue.--
470	(2)  In accordance with subsection (1), the consent of an
471	unmarried biological father shall be required necessary only if
472	the unmarried biological father has complied with the
473	requirements of this subsection.
474	(a)1.  With regard to a child who is placed with adoptive
475	parents more than 6 months after the child's birth, an unmarried
476	biological father must have developed a substantial relationship
477	with the child, taken some measure of responsibility for the
478	child and the child's future, and demonstrated a full commitment
479	to the responsibilities of parenthood by providing financial
480	support to the child in accordance with the unmarried biological
481	father's ability, if not prevented from doing so by the person
482	or authorized agency having lawful custody of the child, and
483	either:
484	a.  Regularly visited the child at least monthly, when
485	physically and financially able to do so and when not prevented
486	from doing so by the birth mother or the person or authorized
487	agency having lawful custody of the child; or
488	b.  Maintained regular communication with the child or with
489	the person or agency having the care or custody of the child,
490	when physically or financially unable to visit the child and or
491	when not prevented from doing so by the birth mother or person
492	or authorized agency having lawful custody of the child.
493	2.  The mere fact that an unmarried biological father
494	expresses a desire to fulfill his responsibilities towards his
495	child which is unsupported by acts evidencing this intent does
496	not preclude a finding by the court that the unmarried
497	biological father failed to comply with the requirements of this
498	subsection.
499	3.  An unmarried biological father who openly lived with
500	the child for at least 6 months within the 1-year period
501	following the birth of the child and immediately preceding
502	placement of the child with adoptive parents and who openly held
503	himself out to be the father of the child during that period
504	shall be deemed to have developed a substantial relationship
505	with the child and to have otherwise met the requirements of
506	this paragraph.
507	(b)  With regard to a child who is younger than 6 months of
508	age at the time the child is placed with the adoptive parents,
509	an unmarried biological father must have demonstrated a full
510	commitment to his parental responsibility by having performed
511	all of the following acts before prior to the time the mother
512	executes her consent for adoption or a petition for termination
513	of parental rights has been filed, whichever is earlier:
514	1.  Filed a notarized claim of paternity form with the
515	Florida Putative Father Registry within the Office of Vital
516	Statistics of the Department of Health, which form shall be
517	maintained in the confidential registry established for that
518	purpose and shall be considered filed when the notice is entered
519	in the registry of notices from unmarried biological fathers.
520	2.  Upon service of a notice of an intended adoption plan
521	or a petition for termination of parental rights pending
522	adoption, timely execute executed and file filed an affidavit in
523	that proceeding stating that he is personally fully able and
524	willing to take responsibility for the child, setting forth his
525	plans for care of the child, and agreeing to a court order of
526	child support and a contribution to the payment of living and
527	medical expenses incurred for the mother's pregnancy and the
528	child's birth in accordance with his ability to pay.
529	3.  If he had knowledge of the pregnancy, paid a fair and
530	reasonable amount of the expenses incurred in connection with
531	the mother's pregnancy and the child's birth, in accordance with
532	his financial ability and when not prevented from doing so by
533	the birth mother or person or authorized agency having lawful
534	custody of the child.
535	(c)  The petitioner shall file with the court a certificate
536	from the Office of Vital Statistics stating that a diligent
537	search has been made of the Florida Putative Father Registry of
538	notices from unmarried biological fathers described in
539	subparagraph (b)1. and that no filing has been found pertaining
540	to the father of the child in question or, if a filing is found,
541	stating the name of the putative father and the time and date of
542	filing. That certificate shall be filed with the court before
543	prior to the entry of a final judgment of termination of
544	parental rights.
545	(d)  An unmarried biological father who does not comply
546	with each of the conditions provided in this subsection is
547	deemed to have irrevocably waived and surrendered any rights in
548	relation to the child, including the right to notice of any
549	judicial proceeding in connection with the adoption of the
550	child, and his consent to the adoption of the child is not
551	required.
552	(3)(a)  Under Pursuant to chapter 48, an adoption entity
553	may serve upon any unmarried biological father identified by the
554	mother or identified by a diligent search of the Florida
555	Putative Father Registry, or upon an entity whose consent is
556	required, a notice of intended adoption plan at any time before
557	the child's birth or before placing prior to the placement of
558	the child in the adoptive home, including prior to the birth of
559	the child. The notice of intended adoption plan must
560	specifically state that if the unmarried biological father
561	desires to contest the adoption plan, he must file with the
562	court, within 30 days after service, a verified response that
563	contains a pledge of commitment to the child in substantial
564	compliance with subparagraph (2)(b)2. The notice of intended
565	adoption plan shall notify the unmarried biological father that,
566	if he has not already done so, he must file a claim of paternity
567	form with the Office of Vital Statistics within 30 days after
568	service upon him and must provide the adoption entity with a
569	copy of the verified response filed with the court and the claim
570	of paternity form filed with the Office of Vital Statistics. If
571	the party served with the notice of intended adoption plan is an
572	entity, the entity must file, within 30 days after service, a
573	verified response setting forth a legal basis for contesting the
574	intended adoption plan, specifically addressing the best
575	interest of the child. If the unmarried biological father whose
576	consent is required or the adoption entity whose consent is
577	required fails to properly file a verified response with the
578	court and, in the case of an unmarried biological father, a
579	claim of paternity form with the Office of Vital Statistics
580	within 30 days after service upon that unmarried biological
581	father or entity whose consent is required, the consent of that
582	unmarried biological father or entity is not shall no longer be
583	required under this chapter and that party shall be deemed to
584	have irrevocably waived any claim of rights to the child. Each
585	notice of intended adoption plan served upon an unmarried
586	biological father must include instructions as to the procedure
587	the unmarried biological father must follow to submit a claim of
588	paternity form to the Office of Vital Statistics and the address
589	to which the registration must be directed.
590	(b)  If the birth mother identifies a man who she believes
591	is the unmarried biological father of her child, the adoption
592	entity may provide a notice of intended adoption plan pursuant
593	to paragraph (a). If the mother identifies a potential unmarried
594	biological father whose location is unknown, the adoption entity
595	shall conduct a diligent search pursuant to s. 63.088. If, upon
596	completion of a diligent search, the potential unmarried
597	biological father's location remains unknown and a search of the
598	Florida Putative Father Registry fails to reveal a match, the
599	adoption entity shall request in the petition for termination of
600	parental rights pending adoption that the court declare the
601	diligent search to be in compliance with s. 63.088 and to
602	further declare that the adoption entity shall have no further
603	obligation to provide notice to the potential unmarried
604	biological father and that the potential unmarried biological
605	father's consent to the adoption shall not be required.
606	(4)  Any person whose consent is required under paragraph
607	(1)(b), or any other man, paragraphs (1)(c)-(e) may execute an
608	irrevocable affidavit of nonpaternity in lieu of a consent under
609	this section and by doing so waives notice to all court
610	proceedings after the date of execution. An affidavit of
611	nonpaternity must be executed as provided in s. 63.082. The
612	affidavit of nonpaternity may be executed before prior to the
613	birth of the child. The person executing the affidavit must
614	receive disclosure under s. 63.085 before prior to signing the
615	affidavit.
616	(8)  A petition to adopt an adult may be granted if:
617	(a)  Written consent to adoption has been executed by the
618	adult and the adult's spouse, if any.
619	(b)  Written notice of the final hearing on the adoption
620	has been provided to the parents, if any, or proof of service of
621	process has been filed, showing notice has been served on the
622	parents as provided in this chapter.
623	(9)  A petition for termination of parental rights shall be
624	filed in the appropriate county as determined under s.
625	63.087(2). If any the parent or parents whose consent is
626	required objects rights are to be terminated object to venue in
627	the county where the action was filed, the court may transfer
628	venue to a proper venue consistent with this chapter and chapter
629	47 the action to the county where the objecting parent or
630	parents reside, unless the objecting parent has previously
631	executed a waiver of venue.
632	Section 10.  Paragraph (d) of subsection (1), paragraphs
633	(b), (c), and (e) of subsection (4), subsections (5) and (6),
634	and paragraphs (a), (b), (c), (d), and (f) of subsection (7) of
635	section 63.082, Florida Statutes, are amended to read:
636	63.082  Execution of consent to adoption or affidavit of
637	nonpaternity; family social and medical history; withdrawal of
638	consent.--
639	(1)
640	(d)  The notice and consent provisions of this chapter as
641	they relate to the birth of a child or to legal fathers do not
642	apply in cases in which the child is conceived as a result of a
643	violation of the criminal laws of this or another state,
644	including, but not limited to, sexual battery, unlawful sexual
645	activity with certain minors under s. 794.05, lewd acts
646	perpetrated upon a minor, or incest.
647	(4)
648	(b)  A consent to the adoption of a minor who is to be
649	placed for adoption shall not be executed by the birth mother
650	sooner than 48 hours after the minor's birth or the day the
651	birth mother has been notified in writing, either on her patient
652	chart or in release paperwork, that she is fit to be released
653	from the licensed hospital or birth center, whichever is
654	earlier. A consent by any man a biological father or legal
655	father may be executed at any time after the birth of the child.
656	A consent executed under this paragraph is valid upon execution
657	and may be withdrawn only if the court finds that it was
658	obtained by fraud or duress.
659	(c)  When the minor to be adopted is older than 6 months of
660	age at the time of the execution of the consent, the consent to
661	adoption is valid upon execution; however, it is subject to a 3-
662	day revocation period or may be revoked at any time prior to the
663	placement of the minor with the prospective adoptive parents,
664	whichever is later. If a consent has been executed, this
665	subsection may not be construed to provide a birth parent with
666	more than 3 days to revoke the consent once the child has been
667	placed with the prospective adoptive parents.
668	(e)  A consent to adoption being executed by the birth
669	parent must be in at least 12-point boldfaced type in
670	substantially the following form:
671	CONSENT TO ADOPTION
672
673	YOU HAVE THE RIGHT TO SELECT AT LEAST ONE PERSON WHO DOES NOT
674	HAVE AN EMPLOYMENT, PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH
675	THE ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE PARENTS TO BE
676	PRESENT WHEN THIS AFFIDAVIT IS EXECUTED AND TO SIGN IT AS A
677	WITNESS. YOU MUST ACKNOWLEDGE ON THIS FORM THAT YOU WERE
678	NOTIFIED OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS OR
679	WITNESSES YOU SELECTED, IF ANY.
680	YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU MAY DO ANY OF THE
681	FOLLOWING INSTEAD OF SIGNING THIS CONSENT OR BEFORE SIGNING THIS
682	CONSENT:
683	1.  CONSULT WITH AN ATTORNEY;
684	2.  HOLD, CARE FOR, AND FEED THE CHILD UNLESS OTHERWISE
685	LEGALLY PROHIBITED;
686	3.  PLACE THE CHILD IN FOSTER CARE OR WITH ANY FRIEND OR
687	FAMILY MEMBER YOU CHOOSE WHO IS WILLING TO CARE FOR THE CHILD;
688	4.  TAKE THE CHILD HOME UNLESS OTHERWISE LEGALLY
689	PROHIBITED; AND
690	5.  FIND OUT ABOUT THE COMMUNITY RESOURCES THAT ARE
691	AVAILABLE TO YOU IF YOU DO NOT GO THROUGH WITH THE ADOPTION.
692	IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP ALL RIGHTS TO
693	YOUR CHILD. YOUR CONSENT IS VALID, BINDING, AND IRREVOCABLE
694	EXCEPT UNDER SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING UP
695	YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE IMMEDIATELY PLACED
696	FOR ADOPTION UPON THE CHILD'S RELEASE FROM A LICENSED HOSPITAL
697	OR BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD WILL BE
698	IMPOSED UPON THE BIRTH MOTHER BEFORE SHE MAY SIGN THE CONSENT
699	FOR ADOPTION. A BIRTH MOTHER MUST WAIT 48 HOURS FROM THE TIME OF
700	BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS BEEN NOTIFIED IN
701	WRITING, EITHER ON HER PATIENT CHART OR IN RELEASE PAPERS, THAT
702	SHE IS FIT TO BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH
703	CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT FOR ADOPTION MAY
704	BE EXECUTED. ANY MAN A BIOLOGICAL FATHER MAY EXECUTE A CONSENT
705	AT ANY TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU HAVE SIGNED
706	THE CONSENT, IT IS VALID, BINDING, AND IRREVOCABLE AND CANNOT BE
707	WITHDRAWN UNLESS A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR
708	DURESS.
709	IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED BY FRAUD OR DURESS
710	AND YOU WISH TO REVOKE THAT CONSENT, YOU MUST:
711	1.  NOTIFY THE ADOPTION ENTITY, BY WRITING A LETTER, THAT
712	YOU WISH TO WITHDRAW YOUR CONSENT; AND
713	2.  PROVE IN COURT THAT THE CONSENT WAS OBTAINED BY FRAUD
714	OR DURESS.
715
716	This statement of rights is not required for the adoption of a
717	relative, an adult, a stepchild, or a child older than 6 months
718	of age. A consent form for the adoption of a child older than 6
719	months of age at the time of execution of consent must contain a
720	statement outlining the revocation rights provided in paragraph
721	(c).
722	(5)  A copy or duplicate original of each consent signed
723	under this chapter in an action for termination of parental
724	rights pending adoption must be provided to the person who
725	executed the consent to adoption. The copy must be hand
726	delivered, with a written acknowledgment of receipt signed by
727	the person whose consent is required at the time of execution.
728	If a copy of a consent cannot be provided as required in this
729	subsection, the adoption entity must execute an affidavit
730	stating why the copy of the consent was not delivered. The
731	original consent and acknowledgment of receipt, or an affidavit
732	stating why the copy of the consent was not delivered, must be
733	filed with the petition for termination of parental rights
734	pending adoption.
735	(6)(a)  If a birth parent executes a consent for placement
736	of a minor with an adoption entity or qualified prospective
737	adoptive parents and the minor child is in the custody of the
738	department, but parental rights have not yet been terminated,
739	the adoption consent shall be valid, binding, and enforceable by
740	the court.
741	(b)  Upon execution of the consent of the birth parent, the
742	adoption entity shall be permitted to intervene in the
743	dependency case as a party in interest and shall provide the
744	court having jurisdiction over the minor pursuant to the shelter
745	or dependency petition filed by the department with a copy of
746	the preliminary home study of the prospective adoptive parents
747	and any other evidence of the suitability of the placement. The
748	preliminary home study shall be maintained with strictest
749	confidentiality within the dependency court file and the
750	department's file. A preliminary home study must be provided to
751	the court in all cases in which an adoption entity has
752	intervened under pursuant to this section.
753	(c)  Upon a determination by the court that the prospective
754	adoptive parents have met the requirements of this chapter are
755	properly qualified to adopt the minor child and that the
756	adoption appears to be in the best interest of the minor child,
757	the court shall immediately order the transfer of custody of the
758	minor child to the prospective adoptive parents, under the
759	supervision of the adoption entity. If the department is no
760	longer pursuing a termination of parental rights or dependency
761	case over the child, the adoption entity shall thereafter
762	provide monthly supervision reports to the court, only if
763	required, department until finalization of the adoption.
764	(d)  In determining whether the best interest of the child
765	will be served by transferring the custody of the minor child to
766	the prospective adoptive parent selected by the birth parent,
767	the court shall give consideration to the rights of the birth
768	parent to determine an appropriate placement for the child, the
769	permanency offered, the child's bonding with any potential
770	adoptive home that the child has been residing in, and the
771	importance of maintaining sibling relationships, if possible.
772	(7)(a)  A consent that is being withdrawn under paragraph
773	(4)(c) may be withdrawn at any time prior to the minor's
774	placement with the prospective adoptive parents or by notifying
775	the adoption entity in writing by certified United States mail,
776	return receipt requested, not later than 3 business days after
777	execution of the consent. As used in this subsection, the term
778	"business day" means any day on which the United States Postal
779	Service accepts certified mail for delivery.
780	(b)  Upon receiving timely written notice from a person
781	whose consent to adoption is required of that person's desire to
782	withdraw consent to adoption, the adoption entity must contact
783	the prospective adoptive parent to arrange a time certain for
784	the adoption entity to regain physical custody of the minor,
785	unless, upon a motion for emergency hearing by the adoption
786	entity, the court determines in written findings that placement
787	of the minor with the person who had legal or physical custody
788	of the child immediately before placing the child for adoption
789	withdrawing consent may endanger the minor, or that the person
790	who desires to withdraw consent to the adoption would not be
791	required to consent to the adoption, or has been determined to
792	have abandoned the child, or may otherwise be subject to the
793	consent being waived under this chapter.
794	(c)  If the court finds that the such placement may
795	endanger the minor, the court must enter an order regarding
796	continued placement of the minor. The order shall direct
797	continued placement with the prospective adoptive parents
798	pending further proceedings if they desire continued placement.
799	If the prospective adoptive parents do not desire continued
800	placement, the order shall include, but not be limited to,
801	whether temporary placement in foster care, with the person who
802	had legal or physical custody of the child immediately before
803	placing the child for adoption, or with a relative is in the
804	best interest of the child and is appropriate, whether an
805	investigation by the department is recommended, and whether a
806	relative is available for the temporary placement.
807	(d)  If the person withdrawing a required consent claims to
808	be the father of the minor but has not been established to be
809	the father by marriage, court order, or scientific testing, the
810	court may order scientific paternity testing upon a showing that
811	the testing is in compliance with state law and reserve ruling
812	on removal of the minor until the results of such testing have
813	been filed with the court.
814	(f)  Following the revocation period for withdrawal of
815	consent described in paragraph (a), or the placement of the
816	child with the prospective adoptive parents, whichever occurs
817	later, a consent may be withdrawn only when the court finds that
818	the consent was obtained by fraud or duress.
819	Section 11.  Subsection (1) of section 63.085, Florida
820	Statutes, is amended to read:
821	63.085  Disclosure by adoption entity.--
822	(1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE
823	ADOPTIVE PARENTS.--Not later than 14 days after a person seeking
824	to adopt a minor or a person seeking to place a minor for
825	adoption contacts an adoption entity in person or provides the
826	adoption entity with a mailing address, the entity must provide
827	a written disclosure statement to that person if the entity
828	agrees or continues to work with the such person. If an adoption
829	entity is assisting in the effort to terminate the parental
830	rights of a parent who did not initiate the contact with the
831	adoption entity, the written disclosure must be provided within
832	14 days after that parent is identified and located. For
833	purposes of providing the written disclosure, a person is
834	considered to be seeking to place a minor for adoption when that
835	person has sought information or advice from the adoption entity
836	regarding the option of adoptive placement. The written
837	disclosure statement must be in substantially the following
838	form:
839	ADOPTION DISCLOSURE
840
841	THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE PROVIDED TO ALL
842	PERSONS CONSIDERING ADOPTING A MINOR OR SEEKING TO PLACE A MINOR
843	FOR ADOPTION, TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING
844	ADOPTION UNDER FLORIDA LAW:
845	1.  The name, address, and telephone number of the adoption
846	entity providing this disclosure is:
847	Name:
848	Address:
849	Telephone Number:
850	2.  The adoption entity does not provide legal
851	representation or advice to birth parents, and birth parents
852	have the right to consult with an attorney of their own choosing
853	to advise them.
854	3.  With the exception of an adoption by a stepparent or
855	relative, a child cannot be placed into a prospective adoptive
856	home unless the prospective adoptive parents have received a
857	favorable preliminary home study, including criminal and child
858	abuse clearances.
859	4.  A valid consent for adoption may not be signed by the
860	birth mother until 48 hours after the birth of the child, or the
861	day the birth mother is notified, in writing, that she is fit
862	for discharge from the licensed hospital or birth center. Any
863	man A putative father may sign a valid consent for adoption at
864	any time after the birth of the child.
865	5.  A consent for adoption signed before the child attains
866	the age of 6 months is binding and irrevocable from the moment
867	it is signed unless it can be proven in court that the consent
868	was obtained by fraud or duress. A consent for adoption signed
869	after the child attains the age of 6 months is valid from the
870	moment it is signed; however, it may be revoked until the child
871	is placed in an adoptive home, or up to 3 business days after it
872	was signed, whichever period is longer.
873	6.  A consent for adoption is not valid if the signature of
874	the person who signed the consent was obtained by fraud or
875	duress.
876	7.  There are alternatives to adoption, including foster
877	care, relative care, and parenting the child. There may be
878	services and sources of financial assistance in the community
879	available to birth parents if they choose to parent the child.
880	8.  A birth parent has the right to have a witness of his
881	or her choice, who is unconnected with the adoption entity or
882	the adoptive parents, to be present and witness the signing of
883	the consent or affidavit of nonpaternity.
884	9.  A birth parent 14 years of age or younger must have a
885	parent, legal guardian, or court-appointed guardian ad litem to
886	assist and advise the birth parent as to the adoption plan.
887	10.  A birth parent has a right to receive supportive
888	counseling from a counselor, social worker, physician, clergy,
889	or attorney, and such counseling would be beneficial to the
890	birth parent.
891	11.  The payment of living or medical expenses by the
892	prospective adoptive parents prior to the birth of the child
893	does not, in any way, obligate the birth parent to sign the
894	consent for adoption.
895	Section 12.  Section 63.087, Florida Statutes, is amended
896	to read:
897	63.087  Proceeding to terminate parental rights pending
898	adoption; general provisions.--
899	(1)  JURISDICTION.--A court of this state which is
900	competent to decide child welfare or custody matters has
901	jurisdiction to hear all matters arising from a proceeding to
902	terminate parental rights pending adoption.
903	(2)  VENUE.--
904	(a)  A petition to terminate parental rights pending
905	adoption must be filed:
906	1.  In the county where the child resides;
907	2.  If the child does not reside in the State of Florida,
908	in the county where the adoption entity is located;
909	2.3.  In the county where the adoption entity is located;
910	or
911	3.4.  If neither parent resides in the state, in the county
912	where the adoption entity is located. The fact of the minor's
913	presence within the state confers jurisdiction on the court in
914	proceedings in the minor's case under this chapter, or to a
915	parent or guardian if due notice has been given.
916	(b)  If a petition for termination of parental rights has
917	been filed and a parent whose consent is required rights are to
918	be terminated objects to venue, there must be a hearing in which
919	the court shall determine whether that parent intends to assert
920	legally recognized grounds to contest a termination of parental
921	rights and, if so, the court may shall immediately transfer
922	venue to a proper venue under this subsection the county where
923	that parent resides or resided at the time of the execution of
924	the consent. For purposes of selecting venue, the court shall
925	consider the ease of access to the court for the parent and the
926	factors set forth in s. 47.122 who intends to contest a
927	termination of parental rights.
928	(c)  If there is a transfer of venue, the court may
929	determine which party shall bear the cost of venue transfer.
930
931	For purposes of the hearing under this subsection, witnesses
932	located in another jurisdiction may testify by deposition or
933	testify by telephone, audiovisual means, or other electronic
934	means before a designated court or at another location.
935	Documentary evidence transmitted from another location by
936	technological means that do not produce an original writing may
937	not be excluded from evidence on an objection based on the means
938	of transmission. The court on its own motion may otherwise
939	prescribe the manner in which and the terms upon which the
940	testimony is taken.
941	(3)  PREREQUISITE FOR ADOPTION.--A petition for adoption
942	may not be filed until after the date the court enters the
943	judgment terminating parental rights pending adoption under this
944	chapter or under chapter 39. Adoptions of relatives, adult
945	adoptions, or adoptions of stepchildren shall not be required to
946	file a separate termination of parental rights proceeding
947	pending adoption. In such cases, the petitioner may file a joint
948	petition for termination of parental rights and adoption
949	attaching all required consents, affidavits, notices, and
950	acknowledgments shall be attached to the petition for adoption
951	or filed separately in the adoption proceeding. All provisions
952	of this chapter apply to these joint petitions unless otherwise
953	provided by law.
954	(4)  PETITION.--
955	(a)  A proceeding seeking to terminate parental rights
956	pending adoption under pursuant to this chapter must be
957	initiated by the filing of an original petition after the birth
958	of the minor.
959	(b)  The petition may be filed by a parent or person having
960	physical or legal custody of the minor. The petition may be
961	filed by an adoption entity only if a parent or person having
962	physical or legal custody who has executed a consent to adoption
963	under pursuant to s. 63.082 also consents in writing to the
964	adoption entity filing the petition. The original of the such
965	consent must be filed with the petition.
966	(c)  The petition must be entitled: "In the Matter of the
967	Termination of Parental Rights for the Proposed Adoption of a
968	Minor Child."
969	(d)  The petition to terminate parental rights pending
970	adoption must be in writing and signed by the petitioner under
971	oath stating the petitioner's good faith in filing the petition.
972	A written consent to adoption, affidavit of nonpaternity, or
973	affidavit of diligent search under s. 63.088, for each person
974	whose consent to adoption is required under s. 63.062, must be
975	executed and attached.
976	(e)  The petition must include:
977	1.  The minor's name, gender, date of birth, and place of
978	birth. The petition must contain all names by which the minor is
979	or has been known, excluding the minor's prospective adoptive
980	name but including the minor's legal name at the time of the
981	filing of the petition. In the case of an infant child whose
982	adoptive name appears on the original birth certificate, the
983	adoptive name shall not be included in the petition, nor shall
984	it be included elsewhere in the termination of parental rights
985	proceeding unless the proceedings are filed according to s.
986	63.102(6).
987	2.  All information required by the Uniform Child Custody
988	Jurisdiction and Enforcement Act and the Indian Child Welfare
989	Act, except the names and addresses of the adoptive parents,
990	which shall be kept confidential as required by s. 63.162.
991	3.  A statement of the grounds under s. 63.089 upon which
992	the petition is based.
993	4.  The name, address, and telephone number of any adoption
994	entity seeking to place the minor for adoption.
995	5.  The name, address, and telephone number of the division
996	of the circuit court in which the petition is to be filed.
997	6.  A certification of compliance with the requirements of
998	s. 63.0425 regarding notice to grandparents of an impending
999	adoption.
1000	(5)  SUMMONS TO BE ISSUED.--The petitioner shall cause a
1001	summons to be issued substantially in the form provided in Form
1002	1.902, Florida Rules of Civil Procedure. The Petition and
1003	summons and a copy of the petition shall be served upon any
1004	person who executed a whose consent to adoption or affidavit of
1005	nonpaternity has been provided but who has not waived service of
1006	the pleadings and notice of the hearing thereon and also upon
1007	any person whose consent to adoption is required under s.
1008	63.062, but who has not provided that consent or an affidavit of
1009	nonpaternity.
1010	(6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the
1011	petition or any pleading requiring an answer shall be timely
1012	filed in accordance with the Florida Rules of Civil Procedure.
1013	Failure to file a written response or to appear at the hearing
1014	on the petition constitutes grounds upon which the court may
1015	terminate parental rights. Failure to appear at the hearing
1016	constitutes grounds upon which the court may terminate parental
1017	rights. The petitioner shall provide notice of the final hearing
1018	by United States mail to any person who has been served with the
1019	summons and petition for termination of parental rights within
1020	the specified time periods. Notwithstanding the filing of any
1021	answer or any pleading, Any person present at the hearing to
1022	terminate parental rights pending adoption whose consent to
1023	adoption is required under s. 63.062 must:
1024	(a)  Be advised by the court that he or she has a right to
1025	ask that the hearing be reset for a later date so that the
1026	person may consult with an attorney; and
1027	(b)  Be given an opportunity to admit or deny the
1028	allegations in the petition.
1029	Section 13.  Subsections (2), (3), (5), and (6) of section
1030	63.088, Florida Statutes, are amended to read:
1031	63.088  Proceeding to terminate parental rights pending
1032	adoption; notice and service; diligent search.--
1033	(2)  IDENTITY KNOWN AND LOCATION UNKNOWN; PROCEDURES TO
1034	INITIATE IDENTIFICATION OF LOCATION PROCEDURES.--When the
1035	location of a person whose consent to an adoption is required
1036	but is unknown not known, the adoption entity must begin the
1037	inquiry and diligent search process required by this section
1038	within a reasonable time period after the date on which the
1039	person seeking to place a minor for adoption has evidenced in
1040	writing to the adoption entity a desire to place the minor for
1041	adoption with that entity, or not later than 30 days after the
1042	date any money is provided as permitted under this chapter by
1043	the adoption entity for the benefit of the person seeking to
1044	place a minor for adoption.
1045	(3)  LOCATION AND IDENTITY KNOWN.--Before the court may
1046	determine that a minor is available for adoption, and in
1047	addition to the other requirements set forth in this chapter,
1048	each person whose consent is required under s. 63.062, who has
1049	not executed a consent or an affidavit of nonpaternity, and
1050	whose location and identity have been determined by compliance
1051	with the procedures in this section must be personally served,
1052	pursuant to chapter 48, at least 20 days before the hearing with
1053	a copy of the summons and a copy of the petition to terminate
1054	parental rights pending adoption as provided under s. 63.087(5)
1055	and with notice in substantially the following form:
1056
1057	NOTICE OF PETITION AND HEARING
1058	TO TERMINATE PARENTAL RIGHTS
1059	PENDING ADOPTION
1060
1061	A petition to terminate parental rights pending adoption
1062	has been filed. A copy of the petition is being served
1063	with this notice. There will be a hearing on the petition
1064	to terminate parental rights pending adoption on (date) at
1065	(time) before (judge) at (location, including complete
1066	name and street address of the courthouse). The court has
1067	set aside (amount of time) for this hearing.
1068
1069	UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE TO TIMELY
1070	FILE A WRITTEN RESPONSE TO THE PETITION AND THIS NOTICE
1071	WITH THE COURT AND OR TO APPEAR AT THIS HEARING
1072	CONSTITUTES GROUNDS UPON WHICH THE COURT SHALL END ANY
1073	PARENTAL RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE MINOR
1074	CHILD.
1075
1076	(5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry by
1077	the court under subsection (4) identifies any person whose
1078	consent to adoption is required under s. 63.062 and who has not
1079	executed a consent to adoption or an affidavit of nonpaternity,
1080	and the location of the person from whom consent is required is
1081	unknown, the adoption entity must conduct a diligent search for
1082	that person which must include inquiries concerning:
1083	(a)  The person's current address, or any previous address,
1084	through an inquiry of the United States Postal Service through
1085	the Freedom of Information Act;
1086	(b)  The last known employment of the person, including the
1087	name and address of the person's employer;
1088	(c)  Regulatory agencies, including those regulating
1089	professional licensing in the area where the person last
1090	resided;
1091	(d)  Names and addresses of relatives to the extent such
1092	can be reasonably obtained from the petitioner or other sources,
1093	contacts with those relatives, and inquiry as to the person's
1094	last known address. The petitioner shall pursue any leads of any
1095	addresses to which the person may have moved;
1096	(e)  Information as to whether or not the person may have
1097	died and, if so, the date and location;
1098	(f)  Telephone listings in the area where the person last
1099	resided;
1100	(g)  Inquiries of law enforcement agencies in the area
1101	where the person last resided;
1102	(h)  Highway patrol records in the state where the person
1103	last resided;
1104	(i)  Department of Corrections records in the state where
1105	the person last resided;
1106	(j)  Hospitals in the area where the person last resided;
1107	(k)  Records of utility companies, including water, sewer,
1108	cable television, and electric companies, in the area where the
1109	person last resided;
1110	(l)  Records of the Armed Forces of the United States as to
1111	whether there is any information as to the person;
1112	(m)  Records of the tax assessor and tax collector in the
1113	area where the person last resided; and
1114	(n)  Search of one Internet databank locator service.
1115
1116	Any person contacted by a petitioner or adoption entity when
1117	requesting information under this subsection must release the
1118	requested information to the petitioner or adoption entity,
1119	except when prohibited by law, without the necessity of a
1120	subpoena or a court order. An affidavit of diligent search
1121	executed by the petitioner and the adoption entity must be filed
1122	with the court confirming completion of each aspect of the
1123	diligent search enumerated in this subsection and specifying the
1124	results. The diligent search required under this subsection may
1125	be conducted before the birth of the minor.
1126	(6)  CONSTRUCTIVE SERVICE.--This subsection only applies
1127	if, as to any person whose consent is required under s. 63.062
1128	and who has not executed a consent to adoption or an affidavit
1129	of nonpaternity, the location of the person is unknown and the
1130	inquiry under subsection (4) fails to locate the person. The
1131	unlocated person must be served notice under subsection (3) by
1132	constructive service in the manner provided in chapter 49. The
1133	notice shall be published in the county where the person was
1134	last known to have resided. The notice, in addition to all
1135	information required under chapter 49, must include a physical
1136	description, including, but not limited to, age, race, hair and
1137	eye color, and approximate height and weight of the person, the
1138	minor's date of birth, and the place of birth of the minor.
1139	Constructive service by publication shall not be required to
1140	provide notice to a an identified birth father whose consent is
1141	not required under pursuant to ss. 63.062 and 63.064.
1142	Section 14.  Section 63.089, Florida Statutes, is amended
1143	to read:
1144	63.089  Proceeding to terminate parental rights pending
1145	adoption; hearing; grounds; dismissal of petition; judgment.--
1146	(1)  HEARING.--The court may terminate parental rights
1147	pending adoption only after a hearing.
1148	(2)  HEARING PREREQUISITES.--The court may hold the hearing
1149	only when:
1150	(a)  For each person whose consent to adoption is required
1151	under s. 63.062:
1152	1.  A consent under s. 63.082 has been executed and filed
1153	with the court;
1154	2.  An affidavit of nonpaternity under s. 63.082 has been
1155	executed and filed with the court;
1156	3.  Notice has been provided under ss. 63.087 and 63.088;
1157	or
1158	4.  The certificate from the Office of Vital Statistics has
1159	been provided to the court stating that a diligent search has
1160	been made of the Florida Putative Father Registry created in s.
1161	63.054 and that no filing has been found pertaining to the
1162	father of the child in question or, if a filing is found,
1163	stating the name of the putative father and the time and date of
1164	the filing.
1165	(b)  For each notice and petition that must be served under
1166	ss. 63.087 and 63.088:
1167	1.  At least 20 days have elapsed since the date of
1168	personal service of process and an affidavit of service has been
1169	filed with the court;
1170	2.  At least 30 days have elapsed since the first date of
1171	publication of constructive service and an affidavit of service
1172	has been filed with the court; or
1173	3.  An affidavit of nonpaternity, consent for adoption, or
1174	other document that which affirmatively waives service has been
1175	executed and filed with the court;
1176	(c)  The minor named in the petition has been born; and
1177	(d)  The petition contains all information required under
1178	s. 63.087 and all affidavits of inquiry, diligent search, and
1179	service required under s. 63.088 have been obtained and filed
1180	with the court.
1181	(3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING
1182	ADOPTION.--The court may enter a judgment terminating parental
1183	rights pending adoption if the court determines by clear and
1184	convincing evidence, supported by written findings of fact, that
1185	each person whose consent to adoption is required under s.
1186	63.062:
1187	(a)  Has executed a valid consent under s. 63.082 and the
1188	consent was obtained according to the requirements of this
1189	chapter;
1190	(b)  Has executed an affidavit of nonpaternity and the
1191	affidavit was obtained according to the requirements of this
1192	chapter;
1193	(c)  Has been served with a notice of the intended adoption
1194	plan in accordance with the provisions of s. 63.062(3) and has
1195	failed to respond within the designated time period;
1196	(d)  Has been properly served notice of the proceeding in
1197	accordance with the requirements of this chapter and has failed
1198	to file a written answer and or appear at the evidentiary
1199	hearing resulting in the judgment terminating parental rights
1200	pending adoption;
1201	(e)  Has been properly served notice of the proceeding in
1202	accordance with the requirements of this chapter and has been
1203	determined under subsection (4) to have abandoned the minor as
1204	defined in s. 63.032;
1205	(f)  Is a parent of the person to be adopted, which parent
1206	has been judicially declared incapacitated with restoration of
1207	competency found to be medically improbable;
1208	(g)  Is a person who has legal custody of the person to be
1209	adopted, other than a parent, who has failed to respond in
1210	writing to a request for consent for a period of 60 days or,
1211	after examination of his or her written reasons for withholding
1212	consent, is found by the court to be withholding his or her
1213	consent unreasonably;
1214	(h)  Has been properly served notice of the proceeding in
1215	accordance with the requirements of this chapter, but has been
1216	found by the court, after examining written reasons for the
1217	withholding of consent, to be unreasonably withholding his or
1218	her consent; or
1219	(i)  Is the spouse of the person to be adopted who has
1220	failed to consent, and the failure of the spouse to consent to
1221	the adoption is excused by reason of prolonged and unexplained
1222	absence, unavailability, incapacity, or circumstances that are
1223	found by the court to constitute unreasonable withholding of
1224	consent.
1225	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
1226	resulting in a termination of parental rights must be based upon
1227	clear and convincing evidence that a parent or person having
1228	legal custody has abandoned the child in accordance with the
1229	definition contained in s. 63.032(1). A finding of abandonment
1230	may be based upon emotional abuse or a refusal to provide
1231	reasonable financial support, when able, to a birth mother
1232	during her pregnancy. If, in the opinion of the court, the
1233	efforts of a parent or person having legal custody of the child
1234	to support and communicate with the child are only marginal
1235	efforts that do not evince a settled purpose to assume all
1236	parental duties, the court may declare the child to be
1237	abandoned. In making this decision, the court may consider the
1238	conduct of a father toward the child's mother during her
1239	pregnancy.
1240	(a)  In making a determination of abandonment at a hearing
1241	for termination of parental rights under pursuant to this
1242	chapter, the court must consider, among other relevant factors
1243	not inconsistent with this section:
1244	1.  Whether the actions alleged to constitute abandonment
1245	demonstrate a willful disregard for the safety or welfare of the
1246	child or unborn child;
1247	2.  Whether the person alleged to have abandoned the child,
1248	while being able, failed to provide financial support;
1249	3.  Whether the person alleged to have abandoned the child,
1250	while being able, failed to pay for medical treatment; and
1251	4.  Whether the amount of support provided or medical
1252	expenses paid was appropriate, taking into consideration the
1253	needs of the child and relative means and resources available to
1254	the person alleged to have abandoned the child.
1255	(b)  The child has been abandoned when the parent of a
1256	child is incarcerated on or after October 1, 2001, in a state or
1257	federal correctional institution and:
1258	1.  The period of time for which the parent has been or is
1259	expected to be incarcerated will constitute a significant
1260	substantial portion of the child's minority period of time
1261	before the child will attain the age of 18 years;
1262	2.  The incarcerated parent has been determined by the
1263	court to be a violent career criminal as defined in s. 775.084,
1264	a habitual violent felony offender as defined in s. 775.084,
1265	convicted of child abuse as defined in s. 827.03, or a sexual
1266	predator as defined in s. 775.21; has been convicted of first
1267	degree or second degree murder in violation of s. 782.04 or a
1268	sexual battery that constitutes a capital, life, or first degree
1269	felony violation of s. 794.011; or has been convicted of an
1270	offense in another jurisdiction which is substantially similar
1271	to one of the offenses listed in this subparagraph. As used in
1272	this section, the term "substantially similar offense" means any
1273	offense that is substantially similar in elements and penalties
1274	to one of those listed in this subparagraph, and that is in
1275	violation of a law of any other jurisdiction, whether that of
1276	another state, the District of Columbia, the United States or
1277	any possession or territory thereof, or any foreign
1278	jurisdiction; or
1279	3.  The court determines by clear and convincing evidence
1280	that continuing the parental relationship with the incarcerated
1281	parent would be harmful to the child and, for this reason, that
1282	termination of the parental rights of the incarcerated parent is
1283	in the best interest of the child.
1284	(5)  DISMISSAL OF PETITION.--If the court does not find by
1285	clear and convincing evidence that parental rights of a parent
1286	should be terminated pending adoption, the court must dismiss
1287	the petition and that parent's parental rights that were the
1288	subject of such petition shall remain in full force under the
1289	law. The order must include written findings in support of the
1290	dismissal, including findings as to the criteria in subsection
1291	(4) if rejecting a claim of abandonment. Parental rights may not
1292	be terminated based upon a consent that the court finds has been
1293	timely withdrawn under s. 63.082 or a consent to adoption or
1294	affidavit of nonpaternity that the court finds was obtained by
1295	fraud or duress. The court must enter an order based upon
1296	written findings providing for the placement of the minor. The
1297	court may order scientific testing to determine the paternity of
1298	the minor at any time during which the court has jurisdiction
1299	over the minor, upon a showing that the testing is in compliance
1300	with state law. Further proceedings, if any, regarding the minor
1301	must be brought in a separate custody action under chapter 61, a
1302	dependency action under chapter 39, or a paternity action under
1303	chapter 742.
1304	(6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING
1305	ADOPTION.--
1306	(a)  The judgment terminating parental rights pending
1307	adoption must be in writing and contain findings of fact as to
1308	the grounds for terminating parental rights pending adoption.
1309	(b)  Within 7 days after filing, the court shall mail a
1310	copy of the judgment to the department. The clerk shall execute
1311	a certificate of the such mailing.
1312	(7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL RIGHTS.--
1313	(a)  A motion for relief from a judgment terminating
1314	parental rights must be filed with the court originally entering
1315	the judgment. The motion must be filed within a reasonable time,
1316	but not later than 1 year after the entry of the judgment
1317	terminating parental rights.
1318	(b)  No later than 30 days after the filing of a motion
1319	under this subsection, the court must conduct a preliminary
1320	hearing to determine what contact, if any, shall be permitted
1321	between a parent and the child pending resolution of the motion.
1322	The Such contact shall be considered only if it is requested by
1323	a parent who has appeared at the hearing. If the court orders
1324	contact between a parent and child, the order must be issued in
1325	writing as expeditiously as possible and must state with
1326	specificity the terms any provisions regarding contact with
1327	persons other than those with whom the child resides.
1328	(c)  At the preliminary hearing, the court, upon the motion
1329	of any party or upon its own motion, may order scientific
1330	testing to determine the paternity of the minor if the person
1331	seeking to set aside the judgment is a person whose consent is
1332	required alleging to be the child's father and that fact has not
1333	previously been determined by legitimacy or scientific testing,
1334	and if the testing is in compliance with state law. The court
1335	may order visitation with a person for whom scientific testing
1336	for paternity has been ordered and who has previously
1337	established a bonded relationship with the child.
1338	(d)  Unless otherwise agreed between the parties or for
1339	good cause shown, the court shall conduct a final hearing on the
1340	motion for relief from judgment within 45 days after the filing
1341	and enter its written order as expeditiously as possible
1342	thereafter.
1343	(8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and
1344	records pertaining to a petition to terminate parental rights
1345	pending adoption are related to the subsequent adoption of the
1346	minor and are subject to the provisions of s. 63.162. The
1347	confidentiality provisions of this chapter do not apply to the
1348	extent information regarding persons or proceedings must be made
1349	available as specified under s. 63.088.
1350	Section 15.  Section 63.092, Florida Statutes, is amended
1351	to read:
1352	63.092  Report to the court of intended placement by an
1353	adoption entity; at-risk placement; preliminary study.--
1354	(1)  REPORT TO THE COURT.--The adoption entity must report
1355	any intended placement of a minor for adoption with any person
1356	who is not a relative or a stepparent if the adoption entity has
1357	knowledge of, or participates in the, such intended placement.
1358	The report must be made to the court before the minor is placed
1359	in the home or within 2 business days 48 hours thereafter.
1360	Failure to file the report of intended placement within 2
1361	business days does not constitute grounds to deny the petition
1362	for termination of parental rights or adoption if the report is
1363	subsequently filed and no party is prejudiced by the failure to
1364	file the report in a timely manner.
1365	(2)  AT-RISK PLACEMENT.--If the minor is placed in the
1366	prospective adoptive home before the parental rights of the
1367	minor's parents are terminated under s. 63.089, the placement is
1368	an at-risk placement. If the placement is an at-risk placement,
1369	the prospective adoptive parents must acknowledge in writing
1370	before the minor may be placed in the prospective adoptive home
1371	that the placement is at risk. The prospective adoptive parents
1372	shall be advised by the adoption entity, in writing, that the
1373	minor is subject to removal from the prospective adoptive home
1374	by the adoption entity or by court order at any time before
1375	prior to the finalization of the adoption.
1376	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1377	the intended adoptive home, a preliminary home study must be
1378	performed by a licensed child-placing agency, a child-caring
1379	agency registered under s. 409.176, a licensed psychologist,
1380	clinical social worker, marriage and family therapist, or mental
1381	health counselor qualified and licensed to perform a home study
1382	in the state or country where the adoptive parent resides
1383	professional, or agency described in s. 61.20(2), unless the
1384	adoptee is an adult or the petitioner is a stepparent or a
1385	relative. If the adoptee is an adult or the petitioner is a
1386	stepparent or a relative, a preliminary home study may be
1387	required by the court for good cause shown. The department is
1388	required to perform the preliminary home study only if there is
1389	no licensed child-placing agency, child-caring agency registered
1390	under s. 409.176, licensed professional, or agency described in
1391	s. 61.20(2), in the county where the prospective adoptive
1392	parents reside. The preliminary home study must be made to
1393	determine the suitability of the intended adoptive parents and
1394	may be completed before prior to identification of a prospective
1395	adoptive minor. A favorable preliminary home study is valid for
1396	1 year after the date of its completion. Upon its completion, a
1397	copy of the home study must be provided to the intended adoptive
1398	parents who were the subject of the home study. A minor may not
1399	be placed in an intended adoptive home before a favorable
1400	preliminary home study is completed unless the adoptive home is
1401	also a licensed foster home under s. 409.175. The preliminary
1402	home study must include, at a minimum:
1403	(a)  An interview with the intended adoptive parents;
1404	(b)  Records checks of the department's central abuse
1405	registry and criminal records correspondence checks under
1406	pursuant to s. 435.045 through the Department of Law Enforcement
1407	on the intended adoptive parents;
1408	(c)  An assessment of the physical environment of the home;
1409	(d)  A determination of the financial security of the
1410	intended adoptive parents;
1411	(e)  Documentation of counseling and education of the
1412	intended adoptive parents on adoptive parenting;
1413	(f)  Documentation that information on adoption and the
1414	adoption process has been provided to the intended adoptive
1415	parents;
1416	(g)  Documentation that information on support services
1417	available in the community has been provided to the intended
1418	adoptive parents; and
1419	(h)  A copy of each prospective adoptive parent's signed
1420	acknowledgment of receipt of disclosure required by s. 63.085.
1421
1422	If the preliminary home study is favorable, a minor may be
1423	placed in the home pending entry of the judgment of adoption. A
1424	minor may not be placed in the home if the preliminary home
1425	study is unfavorable. If the preliminary home study is
1426	unfavorable, the adoption entity may, within 20 days after
1427	receipt of a copy of the written recommendation, petition the
1428	court to determine the suitability of the intended adoptive
1429	home. A determination as to suitability under this subsection
1430	does not act as a presumption of suitability at the final
1431	hearing. In determining the suitability of the intended adoptive
1432	home, the court must consider the totality of the circumstances
1433	in the home. No minor may be placed in a home in which there
1434	resides any person determined by the court to be a sexual
1435	predator as defined in s. 775.21 or to have been convicted of an
1436	offense listed in s. 63.089(4)(b)2.
1437	Section 16.  Subsections (1), (2), (3), and (6) of section
1438	63.102, Florida Statutes, are amended to read:
1439	63.102  Filing of petition for adoption or declaratory
1440	statement; venue; proceeding for approval of fees and costs.--
1441	(1)  PETITION FOR ADOPTION.--A petition for adoption may
1442	not be filed until after the entry of the judgment or decree
1443	terminating parental rights pending adoption under this chapter,
1444	unless the adoptee is an adult or, the petitioner is a
1445	stepparent or a relative, or the minor has been the subject of a
1446	judgment terminating parental rights under chapter 39. After a
1447	judgment terminating parental rights has been entered, a
1448	proceeding for adoption may be commenced by filing a petition
1449	entitled, "In the Matter of the Adoption of _____" in the
1450	circuit court. The person to be adopted shall be designated in
1451	the caption in the name by which he or she is to be known if the
1452	petition is granted. At the request of a party, the Any name by
1453	which the minor was previously known may not be disclosed in the
1454	petition, the notice of hearing according to s. 63.122(3), or
1455	the judgment of adoption, or court docket according to s.
1456	63.162(3).
1457	(2)  VENUE.--A petition for adoption or for a declaratory
1458	statement as to the adoption contract may shall be filed in the
1459	county where the petition for termination of parental rights was
1460	granted, in unless the court, in accordance with s. 47.122,
1461	changes the venue to the county where the petitioner or
1462	petitioners or the minor resides, or where the adoption entity
1463	with which the minor has been placed is located. The circuit
1464	court in this state may must retain jurisdiction over the matter
1465	until a final judgment is entered on the adoption. The Uniform
1466	Child Custody Jurisdiction and Enforcement Act does not apply
1467	until a final judgment is entered on the adoption.
1468	(3)  FILING OF ADOPTION PETITION REQUIRED.--Except in cases
1469	in which the minor child was placed by the department, unless
1470	leave of court is granted for good cause shown, a petition for
1471	adoption shall be filed not later than 60 days after entry of
1472	the final judgment terminating parental rights.
1473	(6)  STEPCHILD, RELATIVE, AND ADULT ADOPTIONS.--Petitions
1474	for the adoption of a stepchild, a relative, or an adult may
1475	shall not require the filing of a separate judgment or separate
1476	proceeding terminating parental rights pending adoption. The
1477	final judgment of adoption has shall have the effect of
1478	terminating parental rights simultaneously with the granting of
1479	the decree of adoption.
1480	Section 17.  Subsection (2) of section 63.112, Florida
1481	Statutes, is amended to read:
1482	63.112  Petition for adoption; description; report or
1483	recommendation, exceptions; mailing.--
1484	(2)  The following documents are required to be filed with
1485	the clerk of the court at the time the petition is filed:
1486	(a)  A certified copy of the court judgment terminating
1487	parental rights under chapter 39 or under this chapter or, if
1488	the adoptee is an adult or a minor relative or stepchild of the
1489	petitioner, the required consent, unless the such consent is
1490	excused by the court.
1491	(b)  The favorable preliminary home study of the
1492	department, licensed child-placing agency, or professional under
1493	pursuant to s. 63.092, as to the suitability of the home in
1494	which the minor has been placed, unless the petitioner is a
1495	stepparent or a relative.
1496	(c)  A copy of any declaratory statement previously entered
1497	by the court under pursuant to s. 63.102.
1498	(d)  Documentation that an interview was held with the
1499	minor, if older than 12 years of age, unless the court, in the
1500	best interest of the minor, dispenses with the minor's consent
1501	under s. 63.062(1)(c).
1502	Section 18.  Subsection (3) of section 63.122, Florida
1503	Statutes, is amended to read:
1504	63.122  Notice of hearing on petition.--
1505	(3)  Upon a showing by the petitioner that the privacy,
1506	safety, or and welfare of the petitioner, parent, or minor may
1507	be endangered, the court may order the names, addresses, or
1508	other identifying information of the petitioner, parent, or
1509	minor, or all both, to be deleted from the notice of hearing and
1510	from the copy of the petition attached thereto, provided the
1511	substantive rights of any person will not thereby be affected.
1512	Section 19.  Subsections (1) and (4) of section 63.125,
1513	Florida Statutes, are amended to read:
1514	63.125  Final home investigation.--
1515	(1)  The final home investigation must be conducted before
1516	the adoption becomes final. The investigation may be conducted
1517	by a licensed child-placing agency or a licensed professional
1518	qualified to conduct home studies in the same manner as provided
1519	in s. 63.092 to ascertain whether the adoptive home is a
1520	suitable home for the minor and whether the proposed adoption is
1521	in the best interest of the minor. Unless directed by the court,
1522	an investigation and recommendation are not required if the
1523	petitioner is a stepparent or if the minor is related to one of
1524	the adoptive parents within the third degree of consanguinity.
1525	The department is required to perform the home investigation
1526	only if there is no licensed child-placing agency or
1527	professional pursuant to s. 63.092 in the county in which the
1528	prospective adoptive parent resides.
1529	(4)  The department, the licensed child-placing agency, or
1530	the professional making the required investigation may request
1531	other state agencies, licensed professionals qualified to
1532	conduct a home study, or child-placing agencies within or
1533	outside this state to make investigations of designated parts of
1534	the inquiry and to make a written report to the department, the
1535	professional, or other person or agency.
1536	Section 20.  Subsection (4) of section 63.132, Florida
1537	Statutes, is amended to read:
1538	63.132  Affidavit of expenses and receipts.--
1539	(4)  This section does not apply to an adoption by a
1540	stepparent or an adoption of a relative or adult, does not apply
1541	to the finalization of an adoption of a minor whose parental
1542	rights were terminated under chapter 39, and does not apply to
1543	the recognition of an adoption decree of a minor child adopted
1544	in a foreign country.
1545	Section 21.  Subsection (1) of section 63.135, Florida
1546	Statutes, is amended to read:
1547	63.135  Information under oath to be submitted to the
1548	court.--
1549	(1)  The adoption entity or petitioner must file an
1550	affidavit under the Uniform Child Custody Jurisdictional and
1551	Enforcement Act in a termination of parental rights Each party
1552	in an adoption proceeding, in the first pleading or in an
1553	affidavit attached to that pleading, shall give information
1554	under oath as to the child's present address, the places where
1555	the child has lived within the last 5 years, and the names and
1556	present addresses of the persons with whom the child has lived
1557	during that period. In the pleading or affidavit each party
1558	shall further declare under oath whether:
1559	(a)  The party has participated as a party or witness or in
1560	any other capacity in any other litigation concerning the
1561	custody of the same child in this or any other state;
1562	(b)  The party has information of any custody proceeding
1563	concerning the child pending in a court of this or any other
1564	state; and
1565	(c)  The party knows of any person not a party to the
1566	proceedings who has physical custody of the child or claims to
1567	have custody or visitation rights with respect to the child.
1568	Section 22.  Subsections (3) and (4) of section 63.142,
1569	Florida Statutes, are amended to read:
1570	63.142  Hearing; judgment of adoption.--
1571	(3)  DISMISSAL.--
1572	(a)  If the petition is dismissed, further proceedings, if
1573	any, regarding the minor must be brought in a separate custody
1574	action under chapter 61, a dependency action under chapter 39,
1575	or a paternity action under chapter 742 the court shall
1576	determine the person that is to have custody of the minor.
1577	(b)  If the petition is dismissed, the court shall state
1578	with specificity the reasons for the dismissal.
1579	(4)  JUDGMENT.--At the conclusion of the hearing, after the
1580	court determines that the date for a parent to file an appeal of
1581	a valid judgment terminating that parent's parental rights has
1582	passed and no appeal, under pursuant to the Florida Rules of
1583	Appellate Procedure, is pending and that the adoption is in the
1584	best interest of the person to be adopted, a judgment of
1585	adoption shall be entered. A judgment terminating parental
1586	rights pending adoption is voidable and any later judgment of
1587	adoption of that minor is voidable if, upon a parent's motion
1588	for relief from judgment, the court finds that the adoption
1589	fails to meet the requirements of this chapter. The motion must
1590	be filed within a reasonable time, but not later than 1 year
1591	after the date the judgment terminating parental rights was
1592	entered.
1593	Section 23.  Section 63.152, Florida Statutes, is amended
1594	to read:
1595	63.152  Application for new birth record.--Within 30 days
1596	after entry of a judgment of adoption, the clerk of the court
1597	shall transmit a certified statement of the entry to the state
1598	registrar of vital statistics in the state where the adoptee was
1599	born on a form provided by the Florida registrar. A new birth
1600	record containing the necessary information supplied by the
1601	certificate shall be issued by the registrar on application of
1602	the adopting parents or the adopted person.
1603	Section 24.  Subsections (1), (3), (4), and (7) of section
1604	63.162, Florida Statutes, are amended, and subsection (8) is
1605	added to that section, to read:
1606	63.162  Hearings and records in adoption proceedings;
1607	confidential nature.--
1608	(1)  All hearings held in proceedings under this chapter
1609	act shall be held in closed court without admittance of any
1610	person other than essential officers of the court, the parties,
1611	witnesses, counsel, persons who have not consented to the
1612	adoption and are required to consent, and representatives of the
1613	agencies who are present to perform their official duties.
1614	(3)  The court files, records, and papers in the adoption
1615	of a minor shall be indexed only in the name of the petitioner,
1616	and the name of the petitioner and the minor may shall not be
1617	noted on any docket, index, or other record outside the court
1618	file, except that closed agency files may be cross-referenced in
1619	the original and adoptive names of the minor.
1620	(4)  A person may not disclose from the records the name
1621	and identity of a birth parent, an adoptive parent, or an
1622	adoptee unless:
1623	(a)  The birth parent authorizes in writing the release of
1624	his or her name and files the release with the adoption entity,
1625	an adoption reunion registry, the department, or the court;
1626	(b)  The adoptee, if 18 or more years of age, authorizes in
1627	writing the release of his or her name; or, if the adoptee is
1628	less than 18 years of age, written consent to disclose the
1629	adoptee's name is obtained from an adoptive parent;
1630	(c)  The adoptive parent authorizes in writing the release
1631	of his or her name; or
1632	(d)  Upon order of the court for good cause shown. In
1633	determining whether good cause exists, the court shall give
1634	primary consideration to the best interests of the adoptee, but
1635	must also give due consideration to the interests of the
1636	adoptive and birth parents. Factors to be considered in
1637	determining whether good cause exists include, but are not
1638	limited to:
1639	1.  The reason the information is sought;
1640	2.  The existence of means available to obtain the desired
1641	information without disclosing the identity of the birth
1642	parents, such as by having the court, a person appointed by the
1643	court, the department, or the licensed child-placing agency
1644	contact the birth parents and request specific information;
1645	3.  The desires, to the extent known, of the adoptee, the
1646	adoptive parents, and the birth parents;
1647	4.  The age, maturity, judgment, and expressed needs of the
1648	adoptee; and
1649	5.  The recommendation of the department, licensed child-
1650	placing agency, or professional which prepared the preliminary
1651	study and home investigation, or the department if no such study
1652	was prepared, concerning the advisability of disclosure.
1653	(7)  The court may, upon petition of an adult adoptee, or
1654	the adoptive parents if the adoptee is less than 18 years of
1655	age, for good cause shown, appoint an intermediary or a licensed
1656	child-placing agency to contact a birth parent to who has not
1657	registered with the adoption registry pursuant to s. 63.165 and
1658	advise him or her them of the adoptee's request to open the file
1659	or the adoption registry, and offer the birth parent the
1660	opportunity to waive confidentiality and consent to the opening
1661	of his or her records availability of same.
1662	(8)  As a result of any proceeding under s. 382.015, this
1663	section, or any other proceeding to unseal an original birth
1664	certificate, the Department of Health may release an original
1665	sealed birth certificate only to the department. The department
1666	must make a written request for the birth certificate from the
1667	Department of Health within 10 days after the department's
1668	receipt of an order or other documentation authorizing unsealing
1669	of the original birth certificate. Upon receipt of the
1670	department's request, the Department of Health shall release the
1671	original sealed birth certificate to the department in a manner
1672	that will ensure confidentiality.
1673	Section 25.  Paragraph (c) of subsection (1) of section
1674	63.172, Florida Statutes, is amended to read:
1675	63.172  Effect of judgment of adoption.--
1676	(1)  A judgment of adoption, whether entered by a court of
1677	this state, another state, or of any other place, has the
1678	following effect:
1679	(c)  Except for rights of inheritance, It creates the
1680	relationship between the adopted person and the petitioner and
1681	all relatives of the petitioner that would have existed if the
1682	adopted person were a blood descendant of the petitioner born
1683	within wedlock. This relationship shall be created for all
1684	purposes, including the rights of inheritance and applicability
1685	of statutes, documents, and instruments, whether executed before
1686	or after entry of the adoption judgment, that do not expressly
1687	exclude an adopted person from their operation or effect.
1688	Section 26.  Section 63.182, Florida Statutes, is amended
1689	to read:
1690	63.182  Statute of repose.--
1691	(1)  Notwithstanding s. 95.031 or s. 95.11 or any other
1692	statute, an action or proceeding of any kind to vacate, set
1693	aside, or otherwise nullify a judgment of adoption or an
1694	underlying judgment terminating parental rights on any ground
1695	may not be filed more than 1 year after entry of the judgment
1696	terminating parental rights.
1697	(2)(a)  Except for the specific persons expressly entitled
1698	to be given notice of an adoption in accordance with this
1699	chapter, the interest which gives a person standing to set aside
1700	an adoption must be direct, financial, and immediate, and the
1701	person must show that he or she will gain or lose by the direct
1702	legal operation and effect of the judgment. A showing of an
1703	indirect, inconsequential, or contingent interest is wholly
1704	inadequate, and a person with this indirect interest lacks
1705	standing to set aside a judgment of adoption.
1706	(b)  This subsection is remedial and shall apply to all
1707	adoptions, including those in which a judgment of adoption has
1708	already been entered.
1709	Section 27.  Section 63.192, Florida Statutes, is amended
1710	to read:
1711	63.192  Recognition of foreign judgment affecting
1712	adoption.--A judgment of court terminating the relationship of
1713	parent and child or establishing the relationship by adoption
1714	issued under pursuant to due process of law by a court or
1715	governmentally authorized body of any other jurisdiction within
1716	or without the United States shall be recognized in this state,
1717	and the rights and obligations of the parties on matters within
1718	the jurisdiction of this state shall be determined as though the
1719	judgment were issued by a court of this state. When a minor
1720	child has been made available for adoption in a foreign state or
1721	foreign country and the parental rights of the minor child's
1722	parent have been terminated, or the child has been declared to
1723	be abandoned or orphaned, no additional termination of parental
1724	rights proceeding need occur, and the parties may proceed to a
1725	judicial finalization of the adoption according to the
1726	procedures set forth in this chapter.
1727	Section 28.  Section 63.207, Florida Statutes, is amended
1728	to read:
1729	63.207  Out-of-state placement.--
1730	(1)  Unless the parent placing a minor for adoption files
1731	an affidavit that the parent chooses to place the minor outside
1732	the state, giving the reason for that placement, or the minor is
1733	to be placed with a relative or with a stepparent, or the minor
1734	is a special needs child, as defined in s. 409.166, or for other
1735	good cause shown, an adoption entity may not:
1736	(a)  Take or send a minor out of the state for the purpose
1737	of placement for adoption; or
1738	(b)  Place or attempt to place a minor for the purpose of
1739	adoption with a family who primarily lives and works outside
1740	Florida in another state. If an adoption entity is acting under
1741	this subsection, the adoption entity must file a petition for
1742	declaratory statement under pursuant to s. 63.102 for prior
1743	approval of fees and costs. The court shall review the costs
1744	under pursuant to s. 63.097. The petition for declaratory
1745	statement may must be consolidated with converted to a petition
1746	for an adoption upon placement of the minor in the home. When a
1747	minor is placed for adoption with prospective adoptive parents
1748	who primarily live and work outside this state, the circuit
1749	court in this state may retain jurisdiction over the matter
1750	until the adoption becomes final. The prospective adoptive
1751	parents may finalize the adoption in this state or their home
1752	state.
1753	(2)  An adoption entity may not counsel a birth mother to
1754	leave the state for the purpose of giving birth to a child
1755	outside the state in order to secure a fee in excess of that
1756	permitted under s. 63.097 when it is the intention that the
1757	child is to be placed for adoption outside the state.
1758	(3)  When applicable, the Interstate Compact on the
1759	Placement of Children authorized in s. 409.401 shall be used in
1760	placing children outside the state for adoption.
1761	Section 29.  Paragraphs (b), (c), (f), and (g) of
1762	subsection (1) and subsections (2) and (7) of section 63.212,
1763	Florida Statutes, are amended to read:
1764	63.212  Prohibited acts; penalties for violation.--
1765	(1)  It is unlawful for any person:
1766	(b)  Except an adoption entity, to place or attempt to
1767	place within the state a minor for adoption unless the minor is
1768	placed with a relative or with a stepparent. This prohibition,
1769	however, does not apply to a person who is placing or attempting
1770	to place a minor for the purpose of adoption with the adoption
1771	entity.
1772	(c)  To sell or surrender, or to arrange for the sale or
1773	surrender of, a minor to another person for money or anything of
1774	value or to receive a such minor child for a such payment or
1775	thing of value. If a minor is being adopted by a relative or by
1776	a stepparent, or is being adopted through an adoption entity,
1777	this paragraph does not prohibit the person who is contemplating
1778	adopting the child from paying, under ss. 63.097 and 63.132, the
1779	actual prenatal care and living expenses of the mother of the
1780	child to be adopted, or from paying, under ss. 63.097 and
1781	63.132, the actual living and medical expenses of the such
1782	mother under these sections for a reasonable time, not to exceed
1783	6 weeks, if medical needs require such support, after the birth
1784	of the minor.
1785	(f)  Except an adoption agency or intermediary entity, to
1786	charge or accept any fee or compensation of any nature from
1787	anyone for making a referral in connection with an adoption or
1788	for providing adoption services, facilitating, matching, or
1789	placement services.
1790	(g)  Except an adoption agency or intermediary entity, to
1791	advertise or offer to the public, in any way, by any medium
1792	whatever that a minor is available for adoption or that a minor
1793	is sought for adoption; and, further, it is unlawful for any
1794	person to publish or broadcast any such advertisement without
1795	including a Florida license number of the agency or attorney
1796	placing the advertisement.
1797	(2)(a)  It is unlawful for any person under this chapter
1798	to:
1799	1.  Knowingly provide false information; or
1800	2.  Knowingly withhold material information.
1801	(b)  It is unlawful for a parent, with the intent to
1802	defraud, to accept benefits related to the same pregnancy from
1803	more than one adoption entity without disclosing that fact to
1804	each entity.
1805	(c)  It is unlawful for any person who knows that the
1806	parent whose rights are to be terminated intends to object to
1807	said termination to intentionally file the petition for
1808	termination of parental rights in a county inconsistent with the
1809	required venue under such circumstances.
1810
1811	Any person who willfully violates any provision of this
1812	subsection commits a misdemeanor of the second degree,
1813	punishable as provided in s. 775.082 or s. 775.083. In addition,
1814	the such person is liable for damages caused by the such acts or
1815	omissions, including reasonable attorney's fees and costs.
1816	Damages may be awarded through restitution in any related
1817	criminal prosecution or by filing a separate civil action.
1818	(7)  It is unlawful for any adoptive parent or adoption
1819	entity to obtain a preliminary home study or final home
1820	investigation and fail to disclose the existence of the study or
1821	investigation to the court when required by law to do so.
1822	Section 30.  Subsections (4) and (5) and paragraph (c) of
1823	subsection (6) of section 63.213, Florida Statutes, are amended
1824	to read:
1825	63.213  Preplanned adoption agreement.--
1826	(4)  An attorney who represents an intended father and
1827	intended mother or any other attorney with whom that attorney is
1828	associated shall not represent simultaneously a female who is or
1829	proposes to be a volunteer mother in the same any matter
1830	relating to a preplanned adoption agreement or preplanned
1831	adoption arrangement.
1832	(5)  Payment to agents, finders, and intermediaries,
1833	including attorneys and physicians, as a finder's fee for
1834	finding volunteer mothers or matching a volunteer mother and
1835	intended father and intended mother is prohibited and subject to
1836	the penalties and sanctions under 63.212 and 63.219. Doctors,
1837	psychologists, attorneys, and other professionals may receive
1838	reasonable compensation for their professional services, such as
1839	providing medical services and procedures, legal advice in
1840	structuring and negotiating a preplanned adoption agreement, or
1841	counseling.
1842	(6)  As used in this section, the term:
1843	(c)  "Fertility technique" means artificial embryonation,
1844	artificial insemination, whether in vivo or in vitro, egg
1845	donation, or embryo adoption.
1846	Section 31.  Section 63.219, Florida Statutes, is amended
1847	to read:
1848	63.219  Sanctions.--Upon a finding by the court that an
1849	adoption entity or any person has willfully violated any
1850	substantive provision of this chapter relative to the rights of
1851	the parties to the adoption and legality of the adoption
1852	process, the court is authorized to prohibit the adoption entity
1853	or any person from placing a minor for adoption and enjoin them
1854	from engaging in further placement activities in the future in
1855	this state.
1856	Section 32.  Section 63.236, Florida Statutes, is created
1857	to read:
1858	63.236  Petitions filed before effective date; governing
1859	law.--Any petition for termination of parental rights filed
1860	before the July 1, 2005, shall be governed by the law in effect
1861	at the time the petition was filed.
1862	Section 33.  Paragraph (a) of subsection (2), paragraph (a)
1863	of subsection (3), and subsection (5) of section 409.166,
1864	Florida Statutes, are amended to read:
1865	409.166  Special needs children; subsidized adoption
1866	program.--
1867	(2)  DEFINITIONS.--As used in this section, the term:
1868	(a)  "Special needs child" means a child whose permanent
1869	custody has been awarded to the department or to a licensed
1870	child-placing agency or placed through an adoption intermediary
1871	and:
1872	1.  Who has established significant emotional ties with his
1873	or her foster parents; or
1874	2.  Is not likely to be adopted because he or she is:
1875	a.  Eight years of age or older;
1876	b.  Mentally retarded;
1877	c.  Physically or emotionally handicapped;
1878	d.  Of black or racially mixed parentage; or
1879	e.  A member of a sibling group of any age, provided two or
1880	more members of a sibling group remain together for purposes of
1881	adoption.
1882	(3)  ADMINISTRATION OF PROGRAM.--
1883	(a)  The department shall establish and administer an
1884	adoption program for special needs children to be carried out by
1885	the department or by contract with a licensed child-placing
1886	agency or adoption intermediary. The program shall attempt to
1887	increase the number of persons seeking to adopt special needs
1888	children and the number of adoption placements and shall extend
1889	subsidies and services, when needed, to the adopting parents of
1890	a special needs child.
1891	(5)  WAIVER OF ADOPTION FEES.--The adoption fees shall be
1892	waived for all adoptive parents who participate in the program
1893	who adopt children in the custody of the department. Fees may be
1894	waived for families who adopt children in the custody of
1895	licensed child-placing agencies or who adopt children through
1896	intermediary-placed independent adoptions, and who receive or
1897	may be eligible for subsidies through the department.
1898	Retroactive reimbursement of fees may not be required for
1899	families who adopt children in the custody of licensed child-
1900	placing agencies.
1901	Section 34.  Paragraph (b) of subsection (5), paragraph (b)
1902	of subsection (10), paragraph (b) of subsection (11), and
1903	subsection (14) of section 409.176, Florida Statutes, are
1904	amended to read:
1905	409.176  Registration of residential child-caring agencies
1906	and family foster homes.--
1907	(5)  The licensing provisions of s. 409.175 do not apply to
1908	a facility operated by an organization that:
1909	(b)  Is certified by a Florida statewide child care
1910	organization which was in existence on January 1, 1984, and
1911	which publishes, and requires compliance with, its standards and
1912	files copies thereof with the department. These Such standards
1913	shall be in substantial compliance with published minimum
1914	standards that similar licensed child-caring agencies, licensed
1915	child-placing agencies, or family foster homes are required to
1916	meet, as determined by the department, with the exception of
1917	those standards of a curricular or religious nature and those
1918	relating to staffing or financial stability of licensed child-
1919	caring agencies or family foster homes. Once the department has
1920	determined that the standards for child-caring agencies, child-
1921	placing agencies, or family foster homes are in substantial
1922	compliance with minimum standards that similar facilities are
1923	required to meet, the standards do not have to be resubmitted to
1924	the department unless a change occurs in the standards. Any
1925	changes in the standards shall be provided to the department
1926	within 10 days of their adoption.
1927	(10)
1928	(b)  The qualified association shall notify the department
1929	when the qualified association finds, within 30 days after
1930	written notification by registered mail of the requirement for
1931	registration, that a person or facility continues to care for
1932	children without a certificate of registration. The department
1933	shall notify the appropriate state attorney of the violation of
1934	law and, if necessary, shall institute a civil suit to enjoin
1935	the person or facility from continuing the care or placement of
1936	children.
1937	(11)
1938	(b)  If the department determines that a person or facility
1939	is caring for or placing a child without a valid certificate of
1940	registration issued by the qualified association or has made a
1941	willful or intentional misstatement on any registration
1942	application or other document required to be filed in connection
1943	with an application for a certificate of registration, the
1944	qualified association, as an alternative to or in conjunction
1945	with an administrative action against the such person or
1946	facility, shall make a reasonable attempt to discuss each
1947	violation with, and recommend corrective action to, the person
1948	or the administrator of the facility, prior to written
1949	notification thereof.
1950	(14)  Registration under this section, including the issue
1951	of substantial compliance with published minimum standards that
1952	similar licensed child-caring facilities, licensed child-placing
1953	agencies, or family foster homes are required to meet, as
1954	provided in paragraph (5)(b), is subject to the provisions of
1955	chapter 120.
1956	Section 35.  Section 742.14, Florida Statutes, is amended
1957	to read:
1958	742.14  Donation of eggs, sperm, or preembryos, or
1959	embryos.--The donor of any egg, sperm, or preembryo, or embryo,
1960	other than the commissioning couple or a father who has executed
1961	a preplanned adoption agreement under s. 63.212, shall
1962	relinquish all maternal or paternal rights and obligations with
1963	respect to the donation or the resulting children simultaneously
1964	upon the completion of the donation by operation of law. Only
1965	reasonable compensation directly related to the donation of
1966	eggs, sperm, and preembryos, and embryos shall be permitted.
1967	Section 36.  Subsection (2) of section 742.15, Florida
1968	Statutes, is amended to read:
1969	742.15  Gestational surrogacy contract.--
1970	(2)  The commissioning couple shall enter into a contract
1971	with a gestational surrogate only when, within reasonable
1972	medical certainty as determined by a physician licensed under
1973	chapter 458 or chapter 459 or a physician licensed under an
1974	equivalent law in the physician's state of practice:
1975	(a)  The commissioning mother cannot physically gestate a
1976	pregnancy to term;
1977	(b)  The gestation will cause a risk to the physical health
1978	of the commissioning mother; or
1979	(c)  The gestation will cause a risk to the health of the
1980	fetus.
1981	Section 37.  Subsections (6) and (7) of section 742.16,
1982	Florida Statutes, are amended to read:
1983	742.16  Expedited affirmation of parental status for
1984	gestational surrogacy.--
1985	(6)  The commissioning couple or their legal representative
1986	shall appear at the hearing on the petition. At the conclusion
1987	of the hearing, after the court has determined that a binding
1988	and enforceable gestational surrogacy contract has been executed
1989	pursuant to s. 742.15 and that there is no evidence that the
1990	gestational surrogate is the genetic mother at least one member
1991	of the commissioning couple is the genetic parent of the child,
1992	the court shall enter an order stating that the commissioning
1993	couple are the legal parents of the child.
1994	(7)  When there is no evidence that the gestational
1995	surrogate is the genetic mother at least one member of the
1996	commissioning couple is the genetic parent of the child, the
1997	commissioning couple shall be presumed to be the natural parents
1998	of the child.
1999	Section 38.  Section 742.18, Florida Statutes, is created
2000	to read:
2001	742.18  Prohibited fees and acts.--
2002	(1)  A person or entity, except a licensed physician,
2003	fertility clinic, or attorney, may not:
2004	(a)  Receive compensation in advising or assisting in donor
2005	or gestational carrier arrangements.
2006	(b)  Advertise or offer to the public, in any way, by any
2007	medium whatsoever, that a donor, carrier, or intended parent is
2008	sought for or available for matching or that the person or
2009	entity provides services in the arrangements.
2010	(c)  Publish or broadcast any advertisement except that an
2011	intended parent or parents, carrier, or donor seeks a donor,
2012	intended parent, or carrier for the person's or entity's own
2013	arrangement.
2014	(d)  Charge or accept any fee or compensation of any nature
2015	to or from anyone for making a referral in connection with a
2016	donor or carrier arrangement or for facilitating such an
2017	arrangement.
2018	(e)  Hold funds in escrow in a donor or gestational carrier
2019	arrangement.
2020	(f)  Assist in the commission of any act in paragraphs (a)-
2021	(e).
2022	(2)  A fee, whether denominated as an agent, agency,
2023	finder, or facilitator's fee for finding, screening, matching,
2024	or facilitating a donor or gestational carrier arrangement, may
2025	not be paid to or received by a person other than a licensed
2026	physician, a fertility clinic, or an attorney.
2027	(3)  A person or entity who violates this section may be
2028	enjoined by a court from engaging in these practices in this
2029	state.
2030	(4)(a)  A person who willfully violates this section
2031	commits a misdemeanor of the second degree, punishable as
2032	provided in s. 775.082 or s. 775.083. Each day of a continuing
2033	violation constitutes a separate offense.
2034	(b)  A person who violates this section is liable for
2035	damages caused by his or her acts or omissions and for
2036	reasonable attorney's fees and costs. Damages may be awarded
2037	through restitution in any related criminal prosecution or by
2038	filing a separate civil action.
2039	Section 39.  This act shall take effect July 1, 2005.

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