| 1 | The Justice Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to adoption; amending s. 63.182, F.S.; |
| 7 | providing that the interest that entitles a person to |
| 8 | notice of an adoption proceeding must be direct, |
| 9 | financial, and immediate; providing that a showing of an |
| 10 | indirect, inconsequential, or contingent interest is |
| 11 | wholly inadequate; providing construction and |
| 12 | applicability; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 63.182, Florida Statutes, is amended to |
| 17 | read: |
| 18 | 63.182 Statute of repose.-- |
| 19 | (1) Notwithstanding s. 95.031 or s. 95.11 or any other |
| 20 | statute, an action or proceeding of any kind to vacate, set |
| 21 | aside, or otherwise nullify a judgment of adoption or an |
| 22 | underlying judgment terminating parental rights on any ground |
| 23 | may not be filed more than 1 year after entry of the judgment |
| 24 | terminating parental rights. |
| 25 | (2)(a) The interest that entitles a person to notice of an |
| 26 | adoption must be direct, financial, and immediate and the person |
| 27 | must show that he or she will gain or lose by the direct legal |
| 28 | operation and effect of the judgment. A showing of an indirect, |
| 29 | inconsequential, or contingent interest is wholly inadequate and |
| 30 | a person with this indirect interest lacks standing to set aside |
| 31 | a judgment of adoption. |
| 32 | (b) This subsection is remedial and shall apply to all |
| 33 | adoptions, including those in which a judgment of adoption has |
| 34 | already been entered. |
| 35 | Section 2. This act shall take effect upon becoming a law. |