Senate Bill sb2154

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    Florida Senate - 2005                                  SB 2154

    By Senator Campbell





    32-827-05

  1                      A bill to be entitled

  2         An act relating to adoption; amending s.

  3         63.022, F.S.; providing legislative intent;

  4         amending s. 63.032, F.S.; redefining terms and

  5         defining the term "primarily lives and works in

  6         Florida"; amending s. 63.039, F.S.; requiring

  7         an adoption entity to diligently search for a

  8         person whose consent is required for the

  9         adoption; amending s. 63.0423, F.S.; providing

10         that a judgement of adoption is voidable under

11         certain circumstances if a court finds that a

12         person whose consent is required gave false

13         information; amending s. 63.052, F.S.;

14         providing that a court in this state retains

15         jurisdiction until the adoption is finalized in

16         this state or in another state; amending s.

17         63.053, F.S.; providing that if an unmarried

18         biological father fails to take the actions

19         that are available to him to establish a

20         relationship with his child, his parental

21         interest may be lost entirely; amending s.

22         63.054, F.S.; providing that if a putative

23         father fails to report a change of address to

24         the Florida Putative Father Registry, the

25         failure is not a valid defense based upon lack

26         of notice and the adoption entity or adoption

27         petitioner is not obligated to search further

28         for the registrant; providing that if a father

29         who is required to consent to an adoption does

30         not know the county in which the birth mother

31         resides, gave birth, or intends to give birth,

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 1         he may initiate an action in any county in the

 2         state; amending s. 63.062, F.S.; specifying who

 3         is required to consent to an adoption;

 4         providing that an adoption agency may file a

 5         notice of an intended adoption plan at any time

 6         before the birth of the child or before placing

 7         the child in the adoptive home; requiring an

 8         adoption entity to make a good faith effort to

 9         locate the putative father; providing when an

10         adoption entity has no further obligation to

11         search for the putative father; providing for

12         the proper venue to file a petition to

13         terminate parental rights; amending s. 63.064,

14         F.S.; providing that a court may waive consent

15         for an adoption if the person from whom consent

16         is required has been judicially declared

17         incompetent and for whom restoration is

18         improbable within a reasonable period of time,

19         taking into consideration the best interests of

20         the child; amending s. 63.082, F.S.; providing

21         that consent for a minor parent who is 14 years

22         of age or younger may be witnessed by a

23         stepparent or designated guardian; limiting

24         revocation of a consent to adopt to 3 days if

25         the child is older than 6 months of age;

26         authorizing a court to transfer a child to the

27         prospective adoptive parents under certain

28         circumstances; requiring the adoption entity to

29         file a petition for adoption or termination of

30         parental rights after the transfer of the

31         child; providing procedures to follow if a

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 1         person whose consent is required withdraws

 2         consent; amending s. 63.085, F.S.; clarifying

 3         the time to revoke consent; amending s. 63.087,

 4         F.S.; providing procedures to terminate

 5         parental rights pending an adoption; providing

 6         jurisdiction of the court; providing the proper

 7         venue in which to file a petition to terminate

 8         parental rights; requiring a person to answer

 9         the petition and to appear at the hearing for

10         termination of parental rights; amending s.

11         63.088, F.S.; requiring the court to conduct an

12         inquiry concerning the father of the child who

13         is to be adopted; amending s. 63.089, F.S.;

14         providing grounds to terminate parental rights;

15         providing that a court may terminate the

16         parental rights of a person who has been

17         judicially declared incompetent and is not

18         likely to fulfill his or her parental

19         responsibilities; amending s. 63.092, F.S.;

20         providing that if an adoption entity fails to

21         file the report of its intended placement

22         within the specified time period the failure

23         does not constitute grounds to deny the

24         petition for termination of parental rights or

25         adoption under certain circumstances;

26         identifying additional individuals who may

27         perform a home study; providing an exception if

28         the person to be adopted is an adult; amending

29         s. 63.097, F.S.; providing for fees to be paid

30         to an adoption entity; amending s. 63.102,

31         F.S.; providing procedures for the filing of a

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 1         petition for adoption; providing the proper

 2         venue where the petition may be filed;

 3         providing for an approval of fees; amending s.

 4         63.112, F.S.; requiring that a certified copy

 5         of a judgement terminating parental rights be

 6         filed at the same time the petition is filed;

 7         amending s. 63.122, F.S.; providing that

 8         certain information may be removed from the

 9         petition; amending s. 63.125, F.S.; providing

10         certain licensed professionals may conduct the

11         final home investigation; amending s. 63.132,

12         F.S.; requiring the adoptive parent and the

13         adoption entity to file an affidavit itemizing

14         all expenses and receipts; detailing the

15         expenses and receipts that must be in the

16         affidavit; providing an exception; amending s.

17         63.135, F.S.; requiring the adoption entity or

18         petitioner to file an affidavit under the

19         Uniform Child Custody Jurisdictional and

20         Enforcement Act; amending s. 63.142, F.S.;

21         requiring that if an adoption petition is

22         dismissed, further proceedings, if any,

23         regarding the minor be brought in a separate

24         custody action under ch. 61, F.S., a dependency

25         action under ch. 39, F.S., or a paternity

26         action under ch. 742, F.S.; amending s. 63.152,

27         F.S.; requiring the clerk of court to transmit

28         a certified statement of the adoption to the

29         state where the child was born; amending s.

30         63.162, F.S.; clarifying that the court index

31         of adoption files is not a public record and

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 1         not open to public inspection; authorizing the

 2         birth parent to release his or her name under

 3         certain circumstances; authorizes a court to

 4         permit certain entities to contact a birth

 5         parent to advise him or her of the adoptee's

 6         request to open the file or the adoption

 7         registry, and provide the opportunity to waive

 8         confidentiality and consent to the opening of

 9         records; amending s. 63.192, F.S.; requiring

10         the courts of this state to recognize decrees

11         of termination of parental rights and adoptions

12         from other states; amending s. 63.207, F.S.;

13         requiring that the interstate compact on

14         adoption be used for out-of-state placements

15         for adoption unless excused by a court for good

16         cause; amending s. 63.212, F.S.; prohibiting

17         certain acts; amending s. 63.213, F.S.;

18         prohibiting an attorney from representing the

19         volunteer mother and the intended mother in a

20         preplanned adoption arrangement; creating s.

21         63.236, F.S.; providing that any petition for

22         termination of parental rights filed before the

23         effective date of the act is governed by the

24         law in effect at the time the petition was

25         filed; amending s. 409.166, F.S.; redefining

26         the term "special needs child" to remove

27         children of racially mixed parentage; amending

28         s. 409.176, F.S.; providing that licensing

29         provisions do not apply to certain licensed

30         child-placing agencies; amending s. 742.14,

31         F.S.; providing that the donor of an embryo

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 1         relinquishes all parental rights and

 2         obligations to the embryo or the resulting

 3         children at the time of the donation; amending

 4         s. 742.15, F.S.; authorizing a physician in a

 5         state outside this state to advise a

 6         commissioning couple concerning a gestational

 7         surrogate; creating s. 742.18, F.S; prohibiting

 8         a person or entity, except a licensed

 9         physician, fertility clinic, or attorney from

10         doing certain specified acts; prohibiting a

11         person other than a licensed physician,

12         fertility clinic, or attorney from accepting a

13         fee for finding, screening, matching, or

14         facilitating a donor or gestational carrier

15         arrangement; providing that if a person

16         willfully violates the act he or she commits a

17         misdemeanor of the second degree; providing

18         criminal penalties; providing that if a person

19         violates the act he or she is liable for

20         damages caused by his or her acts or omissions

21         and for reasonable attorney's fees and costs;

22         reenacting ss. 39.01(49), 984.03(39), and

23         985.03(40), F.S., relating to the definition of

24         a parent, to incorporate the amendment made to

25         s. 63.062, F.S., in references thereto;

26         providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30  

31  

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 1         Section 1.  Paragraph (e) of subsection (4) and

 2  subsection (5) of section 63.022, Florida Statutes, are

 3  amended to read:

 4         63.022  Legislative intent.--

 5         (4)  The basic safeguards intended to be provided by

 6  this chapter are that:

 7         (e)  A sufficient period of time elapses during which

 8  the minor has lived within the proposed adoptive home under

 9  the guidance of an adoption entity, except stepparent

10  adoptions or relative adoptions of a relative.

11         (5)  It is the intent of the Legislature to provide for

12  cooperation between private adoption entities and the

13  Department of Children and Family Services in matters relating

14  to permanent placement options for children in the care of the

15  department whose parent or legal custodian birth parents wish

16  to participate in a private adoption plan with a qualified

17  family.

18         Section 2.  Section 63.032, Florida Statutes, is

19  amended to read:

20         63.032  Definitions.--As used in this chapter, the

21  term:

22         (1)  "Abandoned" means a situation in which the parent

23  or person having legal custody of a child, while being able,

24  makes minimal or no provision for the child's support or and

25  makes minimal little or no effort to communicate with the

26  child, which situation is sufficient to evince an intent to

27  reject parental responsibilities. If, in the opinion of the

28  court, the efforts of the such parent or person having legal

29  custody of the child to support and communicate with the child

30  are only marginal efforts that do not evince a settled purpose

31  to assume all parental duties, the court may declare the child

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 1  to be abandoned. In making this decision, the court may

 2  consider the conduct of a father towards the child's mother

 3  during her pregnancy.

 4         (2)  "Adoption" means the act of creating the legal

 5  relationship between parent and child where it did not exist,

 6  thereby declaring the child to be legally the child of the

 7  adoptive parents and their heir at law and entitled to all the

 8  rights and privileges and subject to all the obligations of a

 9  child born to the such adoptive parents in lawful wedlock.

10         (3)  "Adoption entity" means the department, an agency,

11  a child-caring agency registered under s. 409.176, an

12  intermediary, an attorney licensed in another state, or a

13  child-placing agency licensed in another state which is

14  placing a child from another state into this state qualified

15  by the department to place children in the State of Florida.

16         (4)  "Adoption plan" means an arrangement made by a

17  birth parent or other individual having a legal right to

18  custody of a minor child, born or to be born, with an adoption

19  entity in furtherance of placing the minor child for adoption.

20         (5)(4)  "Adult" means a person who is not a minor.

21         (6)(5)  "Agency" means any child-placing agency

22  licensed by the department under pursuant to s. 63.202 to

23  place minors for adoption.

24         (7)(6)  "Child" means a son or daughter, whether by

25  birth or adoption.

26         (8)(7)  "Court" means any circuit court of this state

27  and, when the context requires, the court of any state that is

28  empowered to grant petitions for adoption.

29         (9)(8)  "Department" means the Department of Children

30  and Family Services.

31  

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 1         (10(9)  "Intermediary" means an attorney who is

 2  licensed or authorized to practice in this state and who is

 3  placing or intends to place a child for adoption, including

 4  placing children born in another state with citizens of this

 5  state or country or placing children born in this state with

 6  citizens of another state or country.

 7         (11)(10)  "Legal custody" means a legal status created

 8  by court order or letter of guardianship which vests in a

 9  custodian of the child or guardian, whether an agency or an

10  individual, the right to have physical custody of the child

11  and the right and duty to protect, train, and discipline the

12  child and to provide him or her with food, shelter, education,

13  and ordinary medical, dental, psychiatric, and psychological

14  care. The legal custodian is the person or entity in whom the

15  legal right to custody is vested has the meaning ascribed in

16  s. 39.01.

17         (12)(11)  "Minor" means a person under the age of 18

18  years.

19         (13)(12)  "Parent" means a woman who gives birth to a

20  child and a man whose consent to the adoption of the child

21  would be required under s. 63.062. If a child has been legally

22  adopted, the term "parent" means the adoptive mother or father

23  of the child. The terms "parent," "mother," and "father" do

24  not include an individual whose parental relationship to the

25  child has been legally terminated has the same meaning

26  ascribed in s. 39.01.

27         (14)(13)  "Person" has the same meaning as in s. 1.01

28  includes a natural person, corporation, government or

29  governmental subdivision or agency, business trust, estate,

30  trust, partnership, or association, and any other legal

31  entity.

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 1         (15)(14)  "Relative" means a person related by blood or

 2  affinity to the person being adopted within the third degree

 3  of consanguinity.

 4         (16)(15)  "To place" or "placement" means the process

 5  of a parent or legal guardian surrendering a child for

 6  adoption and the prospective adoptive parents receiving and

 7  adopting the child, and includes all actions by any person or

 8  adoption entity participating in the process.

 9         (17)  "Primarily lives and works in Florida" means a

10  person who lives and works in this state at least 6 months and

11  1 day of the year, military personnel who designate Florida as

12  their place of residence in accordance with the Servicemembers

13  Civil Relief Act, Pub. L. No. 108-189, or United States

14  citizens living in a foreign country who designate Florida as

15  their place of residence.

16         (16)  "Placement" means the process of a parent or

17  legal guardian surrendering a child for adoption and the

18  prospective adoptive parents receiving and adopting the child

19  and all actions by any adoption entity participating in

20  placing the child.

21         (18)(17)  "Primarily lives and works outside Florida"

22  means a person who lives and works outside this state at least

23  6 months and 1 day of the year, military personnel who

24  designate a state other than Florida as their place of

25  residence in accordance with the Servicemembers Civil Relief

26  Act, Pub. L. No. 108-189 Soldiers' and Sailors' Civil Relief

27  Act of 1940, or citizens employees of the United States

28  Department of State living in a foreign country who designate

29  a state other than Florida as their place of residence.

30  

31  

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 1         (19)(18)  "Suitability of the intended placement"

 2  includes the fitness of the intended placement, with primary

 3  consideration being given to the best interest of the child.

 4         (20(19)  "Unmarried biological father" means the

 5  child's biological father who is not married to the child's

 6  mother at the time of conception or birth of the child and who

 7  has not been declared by a court of competent jurisdiction to

 8  be the legal father of the child.

 9         (20)  "Adoption plan" means arrangements made by a

10  birth parent or other individual having a legal right to

11  custody of a minor child, born or to be born, with an adoption

12  entity in furtherance of the placement of the minor for

13  adoption.

14         Section 3.  Paragraphs (f), (g), and (i) of subsection

15  (1) of section 63.039, Florida Statutes, are amended to read:

16         63.039  Duty of adoption entity to prospective adoptive

17  parents; sanctions.--

18         (1)  An adoption entity placing a minor for adoption

19  has an affirmative duty to follow the requirements of this

20  chapter and specifically the following provisions, which

21  protect and promote the well-being of persons being adopted

22  and their parents and prospective adoptive parents by

23  promoting certainty, finality, and permanency for such

24  persons. The adoption entity must:

25         (f)  Obtain and file the affidavit of inquiry under

26  pursuant to s. 63.088(4), if the required inquiry is not

27  conducted orally in the presence of the court.

28         (g)  When the identity of a person whose consent to

29  adoption is required necessary under this chapter is known but

30  the location of such a person is unknown, conduct the diligent

31  search and file the affidavit required under s. 63.088(5).

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 1         (i)  Obtain the written waiver of venue if applicable

 2  required under s. 63.062 in cases in which venue for the

 3  termination of parental rights will be located in a county

 4  other than the county where a parent whose rights are to be

 5  terminated resides.

 6         Section 4.  Subsection (9) of section 63.0423, Florida

 7  Statutes, is amended to read:

 8         63.0423  Procedures with respect to abandoned

 9  infants.--

10         (9)(a)  A judgment terminating parental rights pending

11  adoption involving a minor who was abandoned is voidable, and

12  any later judgment of adoption of that minor is voidable, if,

13  upon the motion of a birth parent whose consent is required

14  for adoption, the court finds that a person knowingly gave

15  false information that prevented the birth parent from timely

16  making known his or her desire to assume parental

17  responsibilities toward the minor or from exercising his or

18  her parental rights. A motion under this subsection must be

19  filed with the court originally entering the judgment. The

20  motion must be filed within a reasonable time, but not later

21  than 1 year after the entry of the judgment terminating

22  parental rights.

23         (b)  No later than 30 days after the filing of a motion

24  under this subsection, the court shall conduct a preliminary

25  hearing to determine what contact, if any, will be permitted

26  between a birth parent and the child pending resolution of the

27  motion. The Such contact may be allowed only if it is

28  requested by a parent who has appeared at the hearing and the

29  court determines that it is in the best interest of the child.

30  If the court orders contact between a birth parent and child,

31  the order must be issued in writing as expeditiously as

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 1  possible and must state with specificity the terms any

 2  provisions regarding contact with persons other than those

 3  with whom the child resides.

 4         (c)  At the preliminary hearing, the court, upon the

 5  motion of any party or upon its own motion, may order

 6  scientific testing to determine the paternity or maternity of

 7  the minor if the parent person seeking to set aside the

 8  judgment is alleging to be the child's birth parent but has

 9  not previously been determined by legal proceedings or

10  scientific testing to be the birth parent. Upon the filing of

11  test results establishing that parent's person's maternity or

12  paternity of the abandoned infant, the court may order

13  visitation as it deems appropriate and in the best interest of

14  the child.

15         (d)  Within 45 days after the preliminary hearing, the

16  court shall conduct a final hearing on the motion to set aside

17  the judgment and shall enter its written order as

18  expeditiously as possible thereafter.

19         Section 5.  Subsections (1) and (7) of section 63.052,

20  Florida Statutes, are amended to read:

21         63.052  Guardians designated; proof of commitment.--

22         (1)  For minors who have been placed for adoption with

23  and permanently committed to an adoption entity, other than an

24  intermediary, such adoption entity shall be the guardian of

25  the person of the minor and has the responsibility and

26  authority to provide for the needs and welfare of the minor.

27         (7)  The court retains jurisdiction of a minor who has

28  been placed for adoption until the adoption is finalized

29  within or outside this state final. After a minor is placed

30  with an adoption entity or prospective adoptive parent, the

31  

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 1  court may review the status of the minor and the progress

 2  toward permanent adoptive placement.

 3         Section 6.  Subsection (1) of section 63.053, Florida

 4  Statutes, is amended to read:

 5         63.053  Rights and responsibilities of an unmarried

 6  biological father; legislative findings.--

 7         (1)  In enacting the provisions contained in this

 8  chapter, the Legislature prescribes the conditions for

 9  determining whether an unmarried biological father's actions

10  are sufficiently prompt and substantial so as to require

11  protection of a constitutional right. If an unmarried

12  biological father fails to take the actions that are available

13  to him to establish a relationship with his child, his

14  parental interest may be lost entirely, or greatly diminished,

15  by his failure to timely comply with the available legal steps

16  to substantiate a parental interest.

17         Section 7.  Subsections (6), (7), (8), and (13) of

18  section 63.054, Florida Statutes, are amended to read:

19         63.054  Actions required by an unmarried biological

20  father to establish parental rights; Florida Putative Father

21  Registry.--

22         (6)  It is the obligation of the registrant or, if

23  designated under subsection (4), his designated agent or

24  representative to notify and update the Office of Vital

25  Statistics of any change of address or change in the

26  designation of an agent or representative. The failure of a

27  registrant, or designated agent or representative, to report

28  any such change is at the registrant's own risk, and shall not

29  serve as a valid defense based upon lack of notice, and the

30  adoption entity or petitioner shall have no further obligation

31  to search for the registrant unless the person petitioning for

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 1  termination of parental rights or adoption has actual or

 2  constructive notice of the registrant's address and

 3  whereabouts from another source.

 4         (7)  In each proceeding for termination of parental

 5  rights or each adoption proceeding in which parental rights

 6  are being terminated simultaneously with entry of the final

 7  judgment of adoption, as in stepparent and relative adoptions

 8  filed under this chapter, the petitioner must contact the

 9  Office of Vital Statistics of the Department of Health by

10  submitting an application for a search of the Florida Putative

11  Father Registry. The petitioner shall provide the same

12  information, if known, on the search application form which

13  the registrant is required to furnish under subsection (3).

14  Thereafter, the Office of Vital Statistics must issue a

15  certificate signed by the State Registrar certifying:

16         (a)  The identity and contact information, if any, for

17  each registered unmarried biological father whose information

18  matches the search request sufficiently so that the such

19  person may be considered a possible father of the subject

20  child; or

21         (b)  That a diligent search has been made of the

22  registry of registrants who may be the unmarried biological

23  father of the subject child and that no matching registration

24  has been located in the registry. The This certificate must be

25  filed with the court in the proceeding to terminate parental

26  rights or the adoption proceeding. If a termination of

27  parental rights and an adoption proceeding are being

28  adjudicated separately simultaneously, the Florida Putative

29  Father Registry need only be searched once.

30         (8)  If an unmarried biological father whose consent to

31  adoption is required does not know the county in which the

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 1  birth mother resides, gave birth, or intends to give birth, he

 2  may initiate an action in any county in the state, in

 3  accordance with s. 63.087 subject to the birth mother's right

 4  to change venue to the county where she resides.

 5         (13)  The filing of a claim of paternity with the

 6  Florida Putative Father Registry does not excuse or waive the

 7  obligation of a petitioner to comply with the requirements for

 8  conducting a diligent search and inquiry with respect to the

 9  identity of any man whose consent is required under s. 63.062

10  an unmarried biological father or legal father which are set

11  forth in this chapter.

12         Section 8.  Subsections (1), (2), (3), (4), and (9) of

13  section 63.062, Florida Statutes, are amended to read:

14         63.062  Persons required to consent to adoption;

15  affidavit of nonpaternity; waiver of venue.--

16         (1)  Unless supported by one or more of the grounds

17  enumerated under s. 63.089(3), a petition to terminate

18  parental rights pending adoption may be granted only if

19  written consent has been executed as provided in s. 63.082

20  after the birth of the minor or notice has been served under

21  s. 63.088 to:

22         (a)  The mother of the minor, if her parental rights

23  have not been terminated.

24         (b)  The father of the minor, if his parental rights

25  have not been terminated, if:

26         1.  The minor was conceived or born while the father

27  was married to the mother;

28         2.  The minor is his child by adoption before the

29  filing of a petition for termination of parental rights;

30         3.  The minor has been established by court proceeding

31  to be his child before the filing of a petition for

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 1  termination of parental rights and he has complied with the

 2  requirements of subsection (2);

 3         4.  He has filed an affidavit of paternity under

 4  pursuant to s. 382.013(2)(c) before the filing of a petition

 5  for termination of parental rights and has complied with the

 6  requirements of subsection (2); or

 7         5.  In the case of an unmarried biological father, he

 8  has acknowledged in writing, signed in the presence of a

 9  competent witness, that he is the father of the minor, has

10  filed the such acknowledgment with the Office of Vital

11  Statistics of the Department of Health within the required

12  timeframes, and has complied with the requirements of

13  subsection (2).

14         (c)  The minor, if 12 years of age or older, unless the

15  court in the best interest of the minor dispenses with the

16  minor's consent.

17         (d)  Any person lawfully entitled to custody of the

18  minor if required by the court.

19         (e)  The court having jurisdiction to determine custody

20  of the minor, if the person having physical custody of the

21  minor does not have authority to consent to the adoption.

22         (2)  In accordance with subsection (1), the consent of

23  an unmarried biological father shall be required necessary

24  only if the unmarried biological father has complied with the

25  requirements of this subsection.

26         (a)1.  With regard to a child who is placed with

27  adoptive parents more than 6 months after the child's birth,

28  an unmarried biological father must have developed a

29  substantial relationship with the child, taken some measure of

30  responsibility for the child and the child's future, and

31  demonstrated a full commitment to the responsibilities of

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 1  parenthood by providing financial support to the child in

 2  accordance with the unmarried biological father's ability, if

 3  not prevented from doing so by the person or authorized agency

 4  having lawful custody of the child, and either:

 5         a.  Regularly visited the child at least monthly, when

 6  physically and financially able to do so and when not

 7  prevented from doing so by the birth mother or the person or

 8  authorized agency having lawful custody of the child; or

 9         b.  Maintained regular communication with the child or

10  with the person or agency having the care or custody of the

11  child, when physically or financially unable to visit the

12  child and or when not prevented from doing so by the birth

13  mother or person or authorized agency having lawful custody of

14  the child.

15         2.  The mere fact that an unmarried biological father

16  expresses a desire to fulfill his responsibilities towards his

17  child which is unsupported by acts evidencing this intent does

18  not preclude a finding by the court that the unmarried

19  biological father failed to comply with the requirements of

20  this subsection.

21         3.  An unmarried biological father who openly lived

22  with the child for at least 6 months within the 1-year period

23  following the birth of the child and immediately preceding

24  placement of the child with adoptive parents and who openly

25  held himself out to be the father of the child during that

26  period shall be deemed to have developed a substantial

27  relationship with the child and to have otherwise met the

28  requirements of this paragraph.

29         (b)  With regard to a child who is younger than 6

30  months of age at the time the child is placed with the

31  adoptive parents, an unmarried biological father must have

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 1  demonstrated a full commitment to his parental responsibility

 2  by having performed all of the following acts before prior to

 3  the time the mother executes her consent for adoption or a

 4  petition for termination of parental rights has been filed,

 5  whichever is earlier:

 6         1.  Filed a notarized claim of paternity form with the

 7  Florida Putative Father Registry within the Office of Vital

 8  Statistics of the Department of Health, which form shall be

 9  maintained in the confidential registry established for that

10  purpose and shall be considered filed when the notice is

11  entered in the registry of notices from unmarried biological

12  fathers.

13         2.  Upon service of a notice of an intended adoption

14  plan or a petition for termination of parental rights pending

15  adoption, timely execute executed and file filed an affidavit

16  in that proceeding stating that he is personally fully able

17  and willing to take responsibility for the child, setting

18  forth his plans for care of the child, and agreeing to a court

19  order of child support and a contribution to the payment of

20  living and medical expenses incurred for the mother's

21  pregnancy and the child's birth in accordance with his ability

22  to pay.

23         3.  If he had knowledge of the pregnancy, paid a fair

24  and reasonable amount of the expenses incurred in connection

25  with the mother's pregnancy and the child's birth, in

26  accordance with his financial ability and when not prevented

27  from doing so by the birth mother or person or authorized

28  agency having lawful custody of the child.

29         (c)  The petitioner shall file with the court a

30  certificate from the Office of Vital Statistics stating that a

31  diligent search has been made of the Florida Putative Father

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 1  Registry of notices from unmarried biological fathers

 2  described in subparagraph (b)1. and that no filing has been

 3  found pertaining to the father of the child in question or, if

 4  a filing is found, stating the name of the putative father and

 5  the time and date of filing. That certificate shall be filed

 6  with the court before the prior to the entry of a final

 7  judgment of termination of parental rights.

 8         (d)  An unmarried biological father who does not comply

 9  with each of the conditions provided in this subsection is

10  deemed to have irrevocably waived and surrendered any rights

11  in relation to the child, including the right to notice of any

12  judicial proceeding in connection with the adoption of the

13  child, and his consent to the adoption of the child is not

14  required.

15         (3)(a)  Under Pursuant to chapter 48, an adoption

16  entity may serve upon any unmarried biological father

17  identified by the mother or identified by a diligent search of

18  the Florida Putative Father Registry, or upon an entity whose

19  consent is required, a notice of intended adoption plan at any

20  time before the child's birth or before placing prior to the

21  placement of the child in the adoptive home, including prior

22  to the birth of the child. The notice of intended adoption

23  plan must specifically state that if the unmarried biological

24  father desires to contest the adoption plan, he must file with

25  the court, within 30 days after service, a verified response

26  that contains a pledge of commitment to the child in

27  substantial compliance with subparagraph (2)(b)2. The notice

28  of intended adoption plan shall notify the unmarried

29  biological father that, if he has not already done so, he must

30  file a claim of paternity form with the Office of Vital

31  Statistics within 30 days after service upon him and must

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 1  provide the adoption entity with a copy of the verified

 2  response filed with the court and the claim of paternity form

 3  filed with the Office of Vital Statistics. If the party served

 4  with the notice of intended adoption plan is an entity, the

 5  entity must file, within 30 days after service, a verified

 6  response setting forth a legal basis for contesting the

 7  intended adoption plan, specifically addressing the best

 8  interest of the child. If the adoption entity whose consent is

 9  required or the unmarried biological father or entity whose

10  consent is required fails to properly file a verified response

11  with the court and, in the case of an unmarried biological

12  father, a claim of paternity form with the Office of Vital

13  Statistics within 30 days after service upon that unmarried

14  biological father or entity whose consent is required, the

15  consent of that unmarried biological father or entity is not

16  shall no longer be required under this chapter and that party

17  shall be deemed to have irrevocably waived any claim of rights

18  to the child. Each notice of intended adoption plan served

19  upon an unmarried biological father must include instructions

20  as to the procedure the unmarried biological father must

21  follow to submit a claim of paternity form to the Office of

22  Vital Statistics and the address to which the registration

23  must be directed.

24         (b)  If the birth mother identifies a man who she

25  believes is the unmarried biological father of her child, the

26  adoption entity may provide a notice of intended adoption plan

27  pursuant to paragraph (a). If the mother identifies a

28  potential unmarried biological father whose location is

29  unknown, the adoption entity who has been retained to

30  terminate any parental rights that might be asserted by the

31  person must thereafter make a good faith effort to locate him

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 1  shall conduct a diligent search pursuant to s. 63.088. If,

 2  upon completion of a diligent search, the potential unmarried

 3  biological father's location remains unknown and a search of

 4  the Florida Putative Father Registry fails to provide an

 5  address for him reveal a match, the adoption entity has shall

 6  request in the petition for termination of parental rights

 7  pending adoption that the court declare the diligent search to

 8  be in compliance with s. 63.088 and to further declare that

 9  the adoption entity shall have no further obligation to

10  provide notice to the potential unmarried biological father

11  and that the potential unmarried biological father's consent

12  to the adoption shall not be required.

13         (4)  Any person whose consent is required under

14  paragraph (1)(b), or any other man, paragraphs (1)(c)-(e) may

15  execute an irrevocable affidavit of nonpaternity in lieu of a

16  consent under this section and by doing so waives notice to

17  all court proceedings after the date of execution. An

18  affidavit of nonpaternity must be executed as provided in s.

19  63.082. The affidavit of nonpaternity may be executed before

20  prior to the birth of the child. The person executing the

21  affidavit must receive disclosure under s. 63.085 before prior

22  to signing the affidavit.

23         (9)  A petition for termination of parental rights

24  shall be filed in the appropriate county as determined under

25  s. 63.087(2). If any the parent or parents whose consent is

26  required objects rights are to be terminated object to venue

27  in the county where the action was filed, the court may

28  transfer venue to a proper venue consistent with this chapter

29  and chapter 47 the action to the county where the objecting

30  parent or parents reside, unless the objecting parent has

31  previously executed a waiver of venue.

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 1         Section 9.  Subsection (3) of section 63.064, Florida

 2  Statutes, is amended to read:

 3         63.064  Persons whose consent to an adoption may be

 4  waived.--The court may waive the consent of the following

 5  individuals to an adoption:

 6         (3)  A parent who has been judicially declared

 7  incompetent and for whom restoration of competency is

 8  medically improbable within a reasonable period of time. The

 9  court shall consider the best interests of the child in making

10  this determination.

11         Section 10.  Paragraph (c) of subsection (1),

12  paragraphs (b), (c), and (e) of subsection (4), and

13  subsections (5), (6), and (7) of section 63.082, Florida

14  Statutes, are amended to read:

15         63.082  Execution of consent to adoption or affidavit

16  of nonpaternity; family social and medical history; withdrawal

17  of consent.--

18         (c)  A consent or an affidavit of nonpaternity executed

19  by a minor parent who is 14 years of age or younger must be

20  witnessed by a parent, stepparent, legal or designated

21  guardian, or court-appointed guardian ad litem.

22         (4)

23         (b)  A consent to the adoption of a minor who is to be

24  placed for adoption shall not be executed by the birth mother

25  sooner than 48 hours after the minor's birth or the day the

26  birth mother has been notified in writing, either on her

27  patient chart or in release paperwork, that she is fit to be

28  released from the licensed hospital or birth center, whichever

29  is earlier. A consent by any man a biological father or legal

30  father may be executed at any time after the birth of the

31  child. A consent executed under this paragraph is valid upon

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 1  execution and may be withdrawn only if the court finds that it

 2  was obtained by fraud or duress.

 3         (c)  When the minor to be adopted is older than 6

 4  months of age at the time of the execution of the consent, the

 5  consent to adoption is valid upon execution; however, it is

 6  subject to a 3-day revocation period or may be revoked at any

 7  time prior to the placement of the minor with the prospective

 8  adoptive parents, whichever is later. If a consent has been

 9  executed, this subsection may not be construed to provide a

10  birth parent with more than 3 days to revoke the consent once

11  the child has been placed with the prospective adoptive

12  parents.

13         (e)  A consent to adoption being executed by the birth

14  parent must be in at least 12-point boldfaced type in

15  substantially the following form:

16  

17                       CONSENT TO ADOPTION

18  

19         YOU HAVE THE RIGHT TO SELECT AT LEAST ONE

20         PERSON WHO DOES NOT HAVE AN EMPLOYMENT,

21         PROFESSIONAL, OR PERSONAL RELATIONSHIP WITH THE

22         ADOPTION ENTITY OR THE PROSPECTIVE ADOPTIVE

23         PARENTS TO BE PRESENT WHEN THIS AFFIDAVIT IS

24         EXECUTED AND TO SIGN IT AS A WITNESS. YOU MUST

25         ACKNOWLEDGE ON THIS FORM THAT YOU WERE NOTIFIED

26         OF THIS RIGHT AND YOU MUST INDICATE THE WITNESS

27         OR WITNESSES YOU SELECTED, IF ANY.

28  

29         YOU DO NOT HAVE TO SIGN THIS CONSENT FORM. YOU

30         MAY DO ANY OF THE FOLLOWING INSTEAD OF SIGNING

31         THIS CONSENT OR BEFORE SIGNING THIS CONSENT:

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 1  

 2              1.  CONSULT WITH AN ATTORNEY;

 3              2.  HOLD, CARE FOR, AND FEED THE CHILD

 4         UNLESS OTHERWISE LEGALLY PROHIBITED;

 5              3.  PLACE THE CHILD IN FOSTER CARE OR WITH

 6         ANY FRIEND OR FAMILY MEMBER YOU CHOOSE WHO IS

 7         WILLING TO CARE FOR THE CHILD;

 8              4.  TAKE THE CHILD HOME UNLESS OTHERWISE

 9         LEGALLY PROHIBITED; AND

10              5.  FIND OUT ABOUT THE COMMUNITY RESOURCES

11         THAT ARE AVAILABLE TO YOU IF YOU DO NOT GO

12         THROUGH WITH THE ADOPTION.

13  

14         IF YOU DO SIGN THIS CONSENT, YOU ARE GIVING UP

15         ALL RIGHTS TO YOUR CHILD. YOUR CONSENT IS

16         VALID, BINDING, AND IRREVOCABLE EXCEPT UNDER

17         SPECIFIC LEGAL CIRCUMSTANCES. IF YOU ARE GIVING

18         UP YOUR RIGHTS TO A NEWBORN CHILD WHO IS TO BE

19         IMMEDIATELY PLACED FOR ADOPTION UPON THE

20         CHILD'S RELEASE FROM A LICENSED HOSPITAL OR

21         BIRTH CENTER FOLLOWING BIRTH, A WAITING PERIOD

22         WILL BE IMPOSED UPON THE BIRTH MOTHER BEFORE

23         SHE MAY SIGN THE CONSENT FOR ADOPTION. A BIRTH

24         MOTHER MUST WAIT 48 HOURS FROM THE TIME OF

25         BIRTH, OR UNTIL THE DAY THE BIRTH MOTHER HAS

26         BEEN NOTIFIED IN WRITING, EITHER ON HER PATIENT

27         CHART OR IN RELEASE PAPERS, THAT SHE IS FIT TO

28         BE RELEASED FROM A LICENSED HOSPITAL OR BIRTH

29         CENTER, WHICHEVER IS SOONER, BEFORE THE CONSENT

30         FOR ADOPTION MAY BE EXECUTED. ANY MAN A

31         BIOLOGICAL FATHER MAY EXECUTE A CONSENT AT ANY

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 1         TIME AFTER THE BIRTH OF THE CHILD. ONCE YOU

 2         HAVE SIGNED THE CONSENT, IT IS VALID, BINDING,

 3         AND IRREVOCABLE AND CANNOT BE WITHDRAWN UNLESS

 4         A COURT FINDS THAT IT WAS OBTAINED BY FRAUD OR

 5         DURESS.

 6  

 7         IF YOU BELIEVE THAT YOUR CONSENT WAS OBTAINED

 8         BY FRAUD OR DURESS AND YOU WISH TO REVOKE THAT

 9         CONSENT, YOU MUST:

10  

11              1.  NOTIFY THE ADOPTION ENTITY, BY WRITING

12         A LETTER, THAT YOU WISH TO WITHDRAW YOUR

13         CONSENT; AND

14              2.  PROVE IN COURT THAT THE CONSENT WAS

15         OBTAINED BY FRAUD OR DURESS.

16  

17  This statement of rights is not required for the adoption of a

18  relative, an adult, a stepchild, or a child older than 6

19  months of age. A consent form for the adoption of a child

20  older than 6 months of age at the time of execution of consent

21  must contain a statement outlining the revocation rights

22  provided in paragraph (c).

23         (5)  A copy or duplicate original of each consent

24  signed under this chapter in an action for termination of

25  parental rights pending adoption must be provided to the

26  person who executed the consent to adoption. The copy must be

27  hand delivered, with a written acknowledgment of receipt

28  signed by the person whose consent is required at the time of

29  execution. If a copy of a consent cannot be provided as

30  required in this subsection, the adoption entity must execute

31  an affidavit stating why the copy of the consent was not

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 1  delivered. The original consent and acknowledgment of receipt,

 2  or an affidavit stating why the copy of the consent was not

 3  delivered, must be filed with the petition for termination of

 4  parental rights pending adoption.

 5         (6)(a)  If a birth parent executes a consent for

 6  placement of a minor with an adoption entity or qualified

 7  prospective adoptive parents and the minor child is in the

 8  custody of the department, but parental rights have not yet

 9  been terminated, the adoption consent shall be valid, binding,

10  and enforceable by the court, and be the basis for the

11  transfer of custody.

12         (b)  Upon execution of the consent of the birth parent,

13  the adoption entity shall be permitted to intervene in the

14  dependency case as a party in interest and shall provide the

15  court having jurisdiction over the minor pursuant to the

16  shelter or dependency petition filed by the department with a

17  copy of the preliminary home study of the prospective adoptive

18  parents and any other evidence of the suitability of the

19  placement. The preliminary home study shall be maintained with

20  strictest confidentiality within the dependency court file and

21  the department's file. A preliminary home study must be

22  provided to the court in all cases in which an adoption entity

23  has intervened under pursuant to this section.

24         (c)  Upon a determination by the court that the

25  prospective adoptive parents have met the requirements of this

26  chapter are properly qualified to adopt the minor child and

27  that the adoption appears to be in the best interest of the

28  minor child, the court shall immediately order the transfer of

29  custody of the minor child to the prospective adoptive

30  parents, under the supervision of the adoption entity.

31  Thereafter, the adoption entity must file a petition for

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 1  termination of parental rights or a petition for adoption in

 2  the court having jurisdiction over child welfare or custody in

 3  the county with the appropriate venue according to s. 63.087

 4  or s. 63.102. The court having jurisdiction over the minor in

 5  the dependency proceeding must relinquish its jurisdiction to

 6  the court where the petition for termination of parental

 7  rights or the petition for adoption is filed. The adoption

 8  entity shall thereafter provide monthly supervision reports to

 9  the court, if required, department until finalization of the

10  adoption.

11         (d)  In determining whether the best interest of the

12  child will be served by transferring the custody of the minor

13  child to the prospective adoptive parent selected by the birth

14  parent, the court shall give consideration to the rights of

15  the birth parent to determine an appropriate placement for the

16  child, the permanency offered, the child's bonding with any

17  potential adoptive home that the child has been residing in,

18  and the importance of maintaining sibling relationships, if

19  possible.

20         (7)(a)  A consent that is being withdrawn under

21  paragraph (4)(c) may be withdrawn at any time prior to the

22  minor's placement with the prospective adoptive parents or by

23  notifying the adoption entity in writing by certified United

24  States mail, return receipt requested, not later than 3

25  business days after execution of the consent. As used in this

26  subsection, the term "business day" means any day on which the

27  United States Postal Service accepts certified mail for

28  delivery.

29         (b)  Upon receiving timely written notice from a person

30  whose consent to adoption is required, of that person's desire

31  to withdraw consent to adoption, the adoption entity must

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 1  contact the prospective adoptive parent to arrange a time

 2  certain for the adoption entity to regain physical custody of

 3  the minor, unless, upon a motion for emergency hearing by the

 4  adoption entity, the court determines in written findings that

 5  placement of the minor with the person who had legal or

 6  physical custody of the child immediately before placing the

 7  child for adoption may not be in the minor's best interest

 8  withdrawing consent may endanger the minor, or that the person

 9  who desires to withdraw consent to the adoption would not be

10  required to consent to the adoption or has been determined to

11  have abandoned the child, or may otherwise be subject to the

12  consent being waived under this chapter.

13         (c)  If the court finds that the such placement may

14  endanger the minor, the court must enter an order regarding

15  continued placement of the minor. The order shall direct

16  continued placement with the prospective adoptive parents

17  pending further proceedings if they desire continued

18  placement. If the prospective adoptive parents do not desire

19  continued placement, the order shall include, but not be

20  limited to, whether temporary placement in foster care, with

21  the person who had legal or physical custody of the child

22  immediately before placing the child for adoption, or with a

23  relative is in the best interest of the child and is

24  appropriate, whether an investigation by the department is

25  recommended, and whether a relative is available for the

26  temporary placement.

27         (d)  If the person withdrawing a required consent

28  claims to be the father of the minor but has not been

29  established to be the father by marriage, court order, or

30  scientific testing, the court may order scientific paternity

31  testing upon a showing that the testing is in the best

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 1  interests of the minor and reserve ruling on removal of the

 2  minor until the results of such testing have been filed with

 3  the court.

 4         (e)  The adoption entity must return the minor within 3

 5  business days after timely and proper notification of the

 6  withdrawal of consent or after the court determines that

 7  withdrawal is valid and binding upon consideration of an

 8  emergency motion, as filed pursuant to paragraph (b), to the

 9  physical custody of the person withdrawing consent or the

10  person directed by the court. If the person seeking to validly

11  withdraw consent claims to be the father of the minor but has

12  not been established to be the father by marriage, court

13  order, or scientific testing, the adoption entity may return

14  the minor to the care and custody of the mother, if she

15  desires such placement, and the mother is not otherwise

16  prohibited by law from having custody of the child.

17         (e)(f)  Following the revocation period for withdrawal

18  of consent described in paragraph (a), or the placement of the

19  child with the prospective adoptive parents, whichever occurs

20  later, consent may be withdrawn only when the court finds that

21  the consent was obtained by fraud or duress.

22         (f)(g)  An affidavit of nonpaternity may be withdrawn

23  only if the court finds that the affidavit was obtained by

24  fraud or duress.

25         Section 11.  Subsection (1) of section 63.085, Florida

26  Statutes, is amended to read:

27         63.085  Disclosure by adoption entity.--

28         (1)  DISCLOSURE REQUIRED TO PARENTS AND PROSPECTIVE

29  ADOPTIVE PARENTS.--Not later than 14 days after a person

30  seeking to adopt a minor or a person seeking to place a minor

31  for adoption contacts an adoption entity in person or provides

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 1  the adoption entity with a mailing address, the entity must

 2  provide a written disclosure statement to that person if the

 3  entity agrees or continues to work with the such person. If an

 4  adoption entity is assisting in the effort to terminate the

 5  parental rights of a parent who did not initiate the contact

 6  with the adoption entity, the written disclosure must be

 7  provided within 14 days after that parent is identified and

 8  located. For purposes of providing the written disclosure, a

 9  person is considered to be seeking to place a minor for

10  adoption when that person has sought information or advice

11  from the adoption entity regarding the option of adoptive

12  placement. The written disclosure statement must be in

13  substantially the following form:

14  

15                       ADOPTION DISCLOSURE

16  

17         THE STATE OF FLORIDA REQUIRES THAT THIS FORM BE

18         PROVIDED TO ALL PERSONS CONSIDERING ADOPTING A

19         MINOR OR SEEKING TO PLACE A MINOR FOR ADOPTION,

20         TO ADVISE THEM OF THE FOLLOWING FACTS REGARDING

21         ADOPTION UNDER FLORIDA LAW:

22  

23              1.  The name, address, and telephone

24         number of the adoption entity providing this

25         disclosure is:

26              Name:.....................................

27              Address:..................................

28              Telephone Number:.........................

29  

30              2.  The adoption entity does not provide

31         legal representation or advice to birth

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 1         parents, and birth parents have the right to

 2         consult with an attorney of their own choosing

 3         to advise them.

 4              3.  With the exception of an adoption by a

 5         stepparent or relative, a child cannot be

 6         placed into a prospective adoptive home unless

 7         the prospective adoptive parents have received

 8         a favorable preliminary home study, including

 9         criminal and child abuse clearances.

10              4.  A valid consent for adoption may not

11         be signed by the birth mother until 48 hours

12         after the birth of the child, or the day the

13         birth mother is notified, in writing, that she

14         is fit for discharge from the licensed hospital

15         or birth center. Any man A putative father may

16         sign a valid consent for adoption at any time

17         after the birth of the child.

18              5.  A consent for adoption signed before

19         the child attains the age of 6 months is

20         binding and irrevocable from the moment it is

21         signed unless it can be proven in court that

22         the consent was obtained by fraud or duress. A

23         consent for adoption signed after the child

24         attains the age of 6 months is valid from the

25         moment it is signed; however, it may be revoked

26         until the child is placed in an adoptive home,

27         or up to 3 business days after it was signed,

28         whichever period is longer.

29              6.  A consent for adoption is not valid if

30         the signature of the person who signed the

31         consent was obtained by fraud or duress.

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 1              7.  There are alternatives to adoption,

 2         including foster care, relative care, and

 3         parenting the child. There may be services and

 4         sources of financial assistance in the

 5         community available to birth parents if they

 6         choose to parent the child.

 7              8.  A birth parent has the right to have a

 8         witness of his or her choice, who is

 9         unconnected with the adoption entity or the

10         adoptive parents, to be present and witness the

11         signing of the consent or affidavit of

12         nonpaternity.

13              9.  A birth parent 14 years of age or

14         younger must have a parent, legal guardian, or

15         court-appointed guardian ad litem to assist and

16         advise the birth parent as to the adoption

17         plan.

18              10.  A birth parent has a right to receive

19         supportive counseling from a counselor, social

20         worker, physician, clergy, or attorney, and

21         such counseling would be beneficial to the

22         birth parent.

23              11.  The payment of living or medical

24         expenses by the prospective adoptive parents

25         prior to the birth of the child does not, in

26         any way, obligate the birth parent to sign the

27         consent for adoption.

28         Section 12.  Section 63.087, Florida Statutes, is

29  amended to read:

30         63.087  Proceeding to terminate parental rights pending

31  adoption; general provisions.--

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 1         (1)  JURISDICTION.--A court of this state which is

 2  competent to decide child welfare or custody matters has

 3  jurisdiction to hear all matters arising from a proceeding to

 4  terminate parental rights pending adoption. A court of this

 5  state has jurisdiction if the minor is present in this state

 6  and the parent or guardian has been served with a copy of the

 7  petition in accordance with subsection (5).

 8         (2)  VENUE.--

 9         (a)  A petition to terminate parental rights pending

10  adoption must be filed:

11         1.  In the county where the child resides; or

12         2.  If the child does not reside in the State of

13  Florida, In the county where the adoption entity is located.;

14         3.  In the county where the adoption entity is located;

15  or

16         4.  If neither parent resides in the state, in the

17  county where the adoption entity is located. The fact of the

18  minor's presence within the state confers jurisdiction on the

19  court in proceedings in the minor's case under this chapter,

20  or to a parent or guardian if due notice has been given.

21         (b)  If a petition for termination of parental rights

22  has been filed and a parent whose consent is required rights

23  are to be terminated objects to venue, there must be a hearing

24  in which the court shall determine whether that parent intends

25  to assert legally recognized grounds to contest a termination

26  of parental rights and, if so, the court may shall immediately

27  transfer venue to a proper venue under this subsection the

28  county where that parent resides or resided at the time of the

29  execution of the consent. For purposes of selecting venue, the

30  court shall consider the ease of access to the court for the

31  

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 1  parent and the factors set forth in s. 47.122 who intends to

 2  contest a termination of parental rights.

 3         (c)  If there is a transfer of venue, the court may

 4  determine which party shall bear the cost of venue transfer.

 5  

 6  For purposes of the hearing under this subsection, witnesses

 7  located in another jurisdiction may testify by deposition or

 8  testify by telephone, audiovisual means, or other electronic

 9  means before a designated court or at another location.

10  Documentary evidence transmitted from another location by

11  technological means that do not produce an original writing

12  may not be excluded from evidence on an objection based on the

13  means of transmission. The court on its own motion may

14  otherwise prescribe the manner in which and the terms upon

15  which the testimony is taken.

16         (3)  PREREQUISITE FOR ADOPTION.--A petition for

17  adoption may not be filed until after the date the court

18  enters the judgment terminating parental rights pending

19  adoption under this chapter or under chapter 39. Adoptions of

20  relatives, adult adoptions, or adoptions of stepchildren shall

21  not be required to file a separate termination of parental

22  rights proceeding pending adoption. In such cases, the

23  petitioner may file a joint petition for termination of

24  parental rights and adoption attaching all required consents,

25  affidavits, notices, and acknowledgments shall be attached to

26  the petition for adoption or filed separately in the adoption

27  proceeding. Unless otherwise provided by law, this chapter

28  applies to joint petitions.

29         (4)  PETITION.--

30         (a)  A proceeding seeking to terminate parental rights

31  pending adoption under pursuant to this chapter must be

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 1  initiated by the filing of an original petition after the

 2  birth of the minor.

 3         (b)  The petition may be filed by a parent or person

 4  having physical or legal custody of the minor. The petition

 5  may be filed by an adoption entity only if a parent or person

 6  having physical or legal custody who has executed a consent to

 7  adoption under pursuant to s. 63.082 also consents in writing

 8  to the adoption entity filing the petition. The original of

 9  the such consent must be filed with the petition.

10         (c)  The petition must be entitled: "In the Matter of

11  the Termination of Parental Rights for the Proposed Adoption

12  of a Minor Child."

13         (d)  The petition to terminate parental rights pending

14  adoption must be in writing and signed by the petitioner under

15  oath stating the petitioner's good faith in filing the

16  petition. A written consent to adoption, affidavit of

17  nonpaternity, or affidavit of diligent search under s. 63.088,

18  for each person whose consent to adoption is required under s.

19  63.062, must be executed and attached.

20         (e)  The petition must include:

21         1.  The minor's name, gender, date of birth, and place

22  of birth. The petition must contain all names by which the

23  minor is or has been known, excluding the minor's prospective

24  adoptive name but including the minor's legal name at the time

25  of the filing of the petition. In the case of an infant child

26  whose adoptive name appears on the original birth certificate,

27  the adoptive name shall not be included in the petition, nor

28  shall it be included elsewhere in the termination of parental

29  rights proceeding unless the proceedings are filed according

30  to s. 63.102(6).

31  

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 1         2.  All information required by the Uniform Child

 2  Custody Jurisdiction and Enforcement Act and the Indian Child

 3  Welfare Act, except the names and addresses of the adoptive

 4  parents.

 5         3.  A statement of the grounds under s. 63.089 upon

 6  which the petition is based.

 7         4.  The name, address, and telephone number of any

 8  adoption entity seeking to place the minor for adoption.

 9         5.  The name, address, and telephone number of the

10  division of the circuit court in which the petition is to be

11  filed.

12         6.  A certification of compliance with the requirements

13  of s. 63.0425 regarding notice to grandparents of an impending

14  adoption.

15         (5)  SUMMONS TO BE ISSUED.--The petitioner shall cause

16  a summons to be issued substantially in the form provided in

17  Form 1.902, Florida Rules of Civil Procedure. The Petition and

18  summons and a copy of the petition shall be served upon any

19  person who executed a whose consent to adoption or affidavit

20  of nonpaternity has been provided but who has not waived

21  service of the pleadings and notice of the hearing thereon and

22  also upon any person whose consent to adoption is required

23  under s. 63.062, but who has not provided that consent or an

24  affidavit of nonpaternity.

25         (6)  ANSWER AND APPEARANCE REQUIRED.--An answer to the

26  petition or any pleading requiring an answer shall be timely

27  filed in accordance with the Florida Rules of Civil Procedure.

28  Failure to file a written response or to appear at the hearing

29  on the petition constitutes grounds upon which the court may

30  terminate parental rights. Failure to appear at the hearing

31  constitutes grounds upon which the court may terminate

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 1  parental rights. The petitioner shall provide notice of the

 2  final hearing by United States mail to any person who has been

 3  served with the summons and petition for termination of

 4  parental rights within the specified time periods.

 5  Notwithstanding the filing of any answer or any pleading, Any

 6  person present at the hearing to terminate parental rights

 7  pending adoption whose consent to adoption is required under

 8  s. 63.062 must:

 9         (a)  Be advised by the court that he or she has a right

10  to ask that the hearing be reset for a later date so that the

11  person may consult with an attorney; and

12         (b)  Be given an opportunity to admit or deny the

13  allegations in the petition.

14         Section 13.  Section 63.088, Florida Statutes, is

15  amended to read:

16         63.088  Proceeding to terminate parental rights pending

17  adoption; notice and service; diligent search.--

18         (1)  NOTICE REQUIRED.--An unmarried biological father,

19  by virtue of the fact that he has engaged in a sexual

20  relationship with a woman, is deemed to be on notice that a

21  pregnancy and an adoption proceeding regarding that child may

22  occur and that he has a duty to protect his own rights and

23  interest. He is, therefore, entitled to notice of a birth or

24  adoption proceeding with regard to that child only as provided

25  in this chapter.

26         (2)  IDENTITY KNOWN AND LOCATION UNKNOWN; PROCEDURES TO

27  INITIATE LOCATION PROCEDURES.--When the location of a person

28  whose consent to an adoption is required but is unknown not

29  known, the adoption entity must begin the inquiry and diligent

30  search process required by this section within a reasonable

31  time period after the date on which the person seeking to

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 1  place a minor for adoption has evidenced in writing to the

 2  adoption entity a desire to place the minor for adoption with

 3  that entity, or not later than 30 days after the date any

 4  money is provided as permitted under this chapter by the

 5  adoption entity for the benefit of the person seeking to place

 6  a minor for adoption.

 7         (3)  LOCATION AND IDENTITY KNOWN.--Before the court may

 8  determine that a minor is available for adoption, and in

 9  addition to the other requirements set forth in this chapter,

10  each person whose consent is required under s. 63.062, who has

11  not executed a consent or an affidavit of nonpaternity, and

12  whose location and identity have been determined by compliance

13  with the procedures in this section must be personally served,

14  under pursuant to chapter 48, at least 20 days before the

15  hearing with a summons and a copy of the petition to terminate

16  parental rights pending adoption as provided in s. 63.087(5)

17  and with notice in substantially the following form:

18  

19                  NOTICE OF PETITION AND HEARING

20                   TO TERMINATE PARENTAL RIGHTS

21                         PENDING ADOPTION

22  

23         A petition to terminate parental rights pending

24         adoption has been filed. A copy of the petition

25         is being served with this notice. There will be

26         a hearing on the petition to terminate parental

27         rights pending adoption on ...(date)... at

28         ...(time)... before ...(judge)... at

29         ...(location, including complete name and

30         street address of the courthouse).... The court

31  

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 1         has set aside ...(amount of time)... for this

 2         hearing.

 3  

 4         UNDER SECTION 63.089, FLORIDA STATUTES, FAILURE

 5         TO TIMELY FILE A WRITTEN RESPONSE TO THE

 6         PETITION AND THIS NOTICE WITH THE COURT AND OR

 7         TO APPEAR AT THIS HEARING CONSTITUTES GROUNDS

 8         UPON WHICH THE COURT SHALL END ANY PARENTAL

 9         RIGHTS YOU MAY HAVE OR ASSERT REGARDING THE

10         MINOR CHILD.

11  

12         (4)  REQUIRED INQUIRY.--In proceedings initiated under

13  s. 63.087, the court must conduct an inquiry of the person who

14  is placing the minor for adoption and of any relative or

15  person having legal custody of the minor who is present at the

16  hearing and likely to have the following information regarding

17  the identity of the father of the minor, whether his parental

18  rights have not been previously terminated, and whether:

19         (a)  The minor was conceived or born while the father

20  was married to the mother;

21         (b)  The minor is his child by adoption before the

22  filing of a petition for termination of parental rights;

23         (c)  The minor has been established by court proceeding

24  to be his child before the filing of a petition for

25  termination of parental rights, and has complied with the

26  requirements of s. 63.062(2);

27         (d)  He has filed an affidavit of paternity under s.

28  382.013(2), before the filing of a petition for termination of

29  parental rights, and has complied with the requirements of s.

30  63.062(2); or

31  

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 1         (e)  In the case of an unmarried biological father, he

 2  has acknowledged in writing, signed in the presence of a

 3  competent witness, that he is the father of the minor, has

 4  filed the acknowledgment with the Office of Vital Statistics

 5  of the Department of Health within the required timeframes,

 6  and has complied with the requirements of s. 63.062(2).

 7         (a)  Any person to whom the mother of the minor was

 8  married at any time when conception of the minor may have

 9  occurred or at the time of the birth of the minor;

10         (b)  Any person who has been declared by a court to be

11  the father of the minor;

12         (c)  Any man who has adopted the minor;

13         (d)  Any man with whom the mother was cohabiting at any

14  time when conception of the minor may have occurred; and

15         (e)  Any person who has acknowledged or claimed

16  paternity of the minor.

17  

18  The information required under this subsection may be provided

19  to the court in the form of a sworn affidavit by a person

20  having personal knowledge of the facts, addressing each

21  inquiry enumerated in this subsection, except that, if the

22  inquiry identifies a father under paragraph (a), paragraph

23  (b), or paragraph (c), the inquiry shall not continue further.

24  The inquiry required under this subsection may be conducted

25  before the birth of the minor.

26         (5)  LOCATION UNKNOWN; IDENTITY KNOWN.--If the inquiry

27  by the court under subsection (4) identifies any person whose

28  consent to adoption is required under s. 63.062 and who has

29  not executed a consent to adoption or an affidavit of

30  nonpaternity, and the location of the person from whom consent

31  is required is unknown, the adoption entity must conduct a

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 1  diligent search for that person which must include inquiries

 2  concerning:

 3         (a)  The person's current address, or any previous

 4  address, through an inquiry of the United States Postal

 5  Service through the Freedom of Information Act;

 6         (b)  The last known employment of the person, including

 7  the name and address of the person's employer;

 8         (c)  Regulatory agencies, including those regulating

 9  licensing in the area where the person last resided;

10         (d)  Names and addresses of relatives to the extent

11  such can be reasonably obtained from the petitioner or other

12  sources, contacts with those relatives, and inquiry as to the

13  person's last known address. The petitioner shall pursue any

14  leads of any addresses to which the person may have moved;

15         (e)  Information as to whether or not the person may

16  have died and, if so, the date and location;

17         (f)  Telephone listings in the area where the person

18  last resided;

19         (g)  Inquiries of law enforcement agencies in the area

20  where the person last resided;

21         (h)  Highway patrol records in the state where the

22  person last resided;

23         (i)  Department of Corrections records in the state

24  where the person last resided;

25         (j)  Hospitals in the area where the person last

26  resided;

27         (k)  Records of utility companies, including water,

28  sewer, cable television, and electric companies, in the area

29  where the person last resided;

30         (l)  Records of the Armed Forces of the United States

31  as to whether there is any information as to the person;

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 1         (m)  Records of the tax assessor and tax collector in

 2  the area where the person last resided; and

 3         (n)  Search of one Internet databank locator service.

 4  

 5  Any person contacted by a petitioner or adoption entity when

 6  requesting information under this subsection must release the

 7  requested information to the petitioner or adoption entity,

 8  except when prohibited by law, without the necessity of a

 9  subpoena or a court order. An affidavit of diligent search

10  executed by the petitioner and the adoption entity must be

11  filed with the court confirming completion of each aspect of

12  the diligent search enumerated in this subsection and

13  specifying the results. The diligent search required under

14  this subsection may be conducted before the birth of the

15  minor.

16         (6)  CONSTRUCTIVE SERVICE.--This subsection only

17  applies if, as to any person whose consent is required under

18  s. 63.062 and who has not executed a consent to adoption or an

19  affidavit of nonpaternity, the location of the person is

20  unknown and the inquiry under subsection (4) fails to locate

21  the person. The unlocated person must be served notice under

22  subsection (3) by constructive service in the manner provided

23  in chapter 49. The notice shall be published in the county

24  where the person was last known to have resided. The notice,

25  in addition to all information required under chapter 49, must

26  include a physical description, including, but not limited to,

27  age, race, hair and eye color, and approximate height and

28  weight of the person, the minor's date of birth, and the place

29  of birth of the minor. Constructive service by publication

30  shall not be required to provide notice to an identified birth

31  

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 1  father whose consent is not required under pursuant to ss.

 2  63.062 and 63.064.

 3         Section 14.  Section 63.089, Florida Statutes, is

 4  amended to read:

 5         63.089  Proceeding to terminate parental rights pending

 6  adoption; hearing; grounds; dismissal of petition; judgment.--

 7         (1)  HEARING.--The court may terminate parental rights

 8  pending adoption only after a hearing.

 9         (2)  HEARING PREREQUISITES.--The court may hold the

10  hearing only when:

11         (a)  For each person whose consent to adoption is

12  required under s. 63.062:

13         1.  A consent under s. 63.082 has been executed and

14  filed with the court;

15         2.  An affidavit of nonpaternity under s. 63.082 has

16  been executed and filed with the court;

17         3.  Notice has been provided under ss. 63.087 and

18  63.088; or

19         4.  The certificate from the Office of Vital Statistics

20  has been provided to the court stating that a diligent search

21  has been made of the Florida Putative Father Registry created

22  in s. 63.054 and that no filing has been found pertaining to

23  the father of the child in question or, if a filing is found,

24  stating the name of the putative father and the time and date

25  of the filing.

26         (b)  For each notice and petition that must be served

27  under ss. 63.087 and 63.088:

28         1.  At least 20 days have elapsed since the date of

29  personal service of process and an affidavit of service has

30  been filed with the court;

31  

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 1         2.  At least 30 days have elapsed since the first date

 2  of publication of constructive service and an affidavit of

 3  service has been filed with the court; or

 4         3.  An affidavit of nonpaternity, consent for adoption,

 5  or other document that which affirmatively waives service has

 6  been executed and filed with the court;

 7         (c)  The minor named in the petition has been born; and

 8         (d)  The petition contains all information required

 9  under s. 63.087 and all affidavits of inquiry, diligent

10  search, and service required under s. 63.088 have been

11  obtained and filed with the court.

12         (3)  GROUNDS FOR TERMINATING PARENTAL RIGHTS PENDING

13  ADOPTION.--The court may enter a judgment terminating parental

14  rights pending adoption if the court determines by clear and

15  convincing evidence, supported by written findings of fact,

16  that each person whose consent to adoption is required under

17  s. 63.062:

18         (a)  Has executed a valid consent under s. 63.082 and

19  the consent was obtained according to the requirements of this

20  chapter;

21         (b)  Has executed an affidavit of nonpaternity and the

22  affidavit was obtained according to the requirements of this

23  chapter;

24         (c)  Has been served with a notice of the intended

25  adoption plan in accordance with the provisions of s.

26  63.062(3) and has failed to respond within the designated time

27  period;

28         (d)  Has been properly served notice of the proceeding

29  in accordance with the requirements of this chapter and has

30  failed to file a written answer and or appear at the

31  

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 1  evidentiary hearing resulting in the judgment terminating

 2  parental rights pending adoption;

 3         (e)  Has been properly served notice of the proceeding

 4  in accordance with the requirements of this chapter and has

 5  been determined under subsection (4) to have abandoned the

 6  minor as defined in s. 63.032;

 7         (f)  Is a parent of the person to be adopted, which

 8  parent has been judicially declared incapacitated and for whom

 9  with restoration of competency to a degree that would enable

10  the parent to fulfill parental responsibilities by providing

11  for the physical and emotional needs of the minor child is

12  found to be medically improbable within a reasonable period of

13  time;

14         (g)  Is a person who has legal custody of the person to

15  be adopted, other than a parent, who has failed to respond in

16  writing to a request for consent for a period of 60 days or,

17  after examination of his or her written reasons for

18  withholding consent, is found by the court to be withholding

19  his or her consent unreasonably;

20         (h)  Has been properly served notice of the proceeding

21  in accordance with the requirements of this chapter, but has

22  been found by the court, after examining written reasons for

23  the withholding of consent, to be unreasonably withholding his

24  or her consent; or

25         (i)  Is the spouse of the person to be adopted who has

26  failed to consent, and the failure of the spouse to consent to

27  the adoption is excused by reason of prolonged and unexplained

28  absence, unavailability, incapacity, or circumstances that are

29  found by the court to constitute unreasonable withholding of

30  consent.

31  

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 1         (4)  FINDING OF ABANDONMENT.--A finding of abandonment

 2  resulting in a termination of parental rights must be based

 3  upon clear and convincing evidence that a parent or person

 4  having legal custody has abandoned the child in accordance

 5  with the definition contained in s. 63.032(1). A finding of

 6  abandonment may be based upon physical or emotional abuse or a

 7  refusal or failure to provide reasonable financial support,

 8  when able, to a birth mother during her pregnancy. If, in the

 9  opinion of the court, the efforts of a parent or person having

10  legal custody of the child to support and communicate with the

11  child are only marginal efforts that do not evince a settled

12  purpose to assume all parental duties, the court may declare

13  the child to be abandoned. In making this decision, the court

14  may consider the conduct of a father toward the child's mother

15  during her pregnancy.

16         (a)  In making a determination of abandonment at a

17  hearing for termination of parental rights under pursuant to

18  this chapter, the court must consider, among other relevant

19  factors not inconsistent with this section:

20         1.  Whether the actions alleged to constitute

21  abandonment demonstrate a willful disregard for the safety or

22  welfare of the child or unborn child;

23         2.  Whether the person alleged to have abandoned the

24  child, while being able, failed to provide financial support;

25         3.  Whether the person alleged to have abandoned the

26  child, while being able, failed to pay for medical treatment;

27  and

28         4.  Whether the amount of support provided or medical

29  expenses paid was appropriate, taking into consideration the

30  needs of the child and relative means and resources available

31  to the person alleged to have abandoned the child.

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 1         (b)  The child has been abandoned when the parent of a

 2  child is incarcerated on or after October 1, 2001, in a state

 3  or federal correctional institution and:

 4         1.  The period of time for which the parent has been or

 5  is expected to be incarcerated will constitute a significant

 6  substantial portion of the child's minority period of time

 7  before the child will attain the age of 18 years;

 8         2.  The incarcerated parent has been determined by the

 9  court to be a violent career criminal as defined in s.

10  775.084, a habitual violent felony offender as defined in s.

11  775.084, convicted of child abuse as defined in s. 827.03, or

12  a sexual predator as defined in s. 775.21; has been convicted

13  of first degree or second degree murder in violation of s.

14  782.04 or a sexual battery that constitutes a capital, life,

15  or first degree felony violation of s. 794.011; or has been

16  convicted of an offense in another jurisdiction which is

17  substantially similar to one of the offenses listed in this

18  subparagraph. As used in this section, the term "substantially

19  similar offense" means any offense that is substantially

20  similar in elements and penalties to one of those listed in

21  this subparagraph, and that is in violation of a law of any

22  other jurisdiction, whether that of another state, the

23  District of Columbia, the United States or any possession or

24  territory thereof, or any foreign jurisdiction; or

25         3.  The court determines by clear and convincing

26  evidence that continuing the parental relationship with the

27  incarcerated parent would be harmful to the child and, for

28  this reason, that termination of the parental rights of the

29  incarcerated parent is in the best interest of the child.

30         (5)  DISMISSAL OF PETITION.--If the court does not find

31  by clear and convincing evidence that parental rights of a

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 1  parent should be terminated pending adoption, the court must

 2  dismiss the petition and that parent's parental rights that

 3  were the subject of such petition shall remain in full force

 4  under the law. The order must include written findings in

 5  support of the dismissal, including findings as to the

 6  criteria in subsection (4) if rejecting a claim of

 7  abandonment. Parental rights may not be terminated based upon

 8  a consent that the court finds has been timely withdrawn under

 9  s. 63.082 or a consent to adoption or affidavit of

10  nonpaternity that the court finds was obtained by fraud or

11  duress. The court must enter an order based upon written

12  findings providing for the placement of the minor. The court

13  may order scientific testing to determine the paternity of the

14  minor at any time during which the court has jurisdiction over

15  the minor, upon a showing that the testing is in the best

16  interest of the child. Further proceedings, if any, regarding

17  the minor must be brought in a separate custody action under

18  chapter 61, a dependency action under chapter 39, or a

19  paternity action under chapter 742.

20         (6)  JUDGMENT TERMINATING PARENTAL RIGHTS PENDING

21  ADOPTION.--

22         (a)  The judgment terminating parental rights pending

23  adoption must be in writing and contain findings of fact as to

24  the grounds for terminating parental rights pending adoption.

25         (b)  Within 7 days after filing, the court shall mail a

26  copy of the judgment to the department. The clerk shall

27  execute a certificate of the such mailing.

28         (7)  RELIEF FROM JUDGMENT TERMINATING PARENTAL

29  RIGHTS.--

30         (a)  A motion for relief from a judgment terminating

31  parental rights must be filed with the court originally

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 1  entering the judgment. The motion must be filed within a

 2  reasonable time, but not later than 1 year after the entry of

 3  the judgment terminating parental rights.

 4         (b)  No later than 30 days after the filing of a motion

 5  under this subsection, the court must conduct a preliminary

 6  hearing to determine what contact, if any, shall be permitted

 7  between a parent and the child pending resolution of the

 8  motion. The Such contact shall be considered only if it is

 9  requested by a parent who has appeared at the hearing. If the

10  court orders contact between a parent and child, the order

11  must be issued in writing as expeditiously as possible and

12  must state with specificity the terms any provisions regarding

13  contact with persons other than those with whom the child

14  resides.

15         (c)  At the preliminary hearing, the court, upon the

16  motion of any party or upon its own motion, may order

17  scientific testing to determine the paternity of the minor if

18  the person seeking to set aside the judgment is a person whose

19  consent is required alleging to be the child's father and that

20  fact has not previously been determined by legitimacy or

21  scientific testing and the testing is in the child's best

22  interest. The court may order visitation with a person for

23  whom scientific testing for paternity has been ordered and who

24  has previously established a bonded relationship with the

25  child.

26         (d)  Unless otherwise agreed between the parties or for

27  good cause shown, the court shall conduct a final hearing on

28  the motion for relief from judgment within 45 days after the

29  filing and enter its written order as expeditiously as

30  possible thereafter.

31  

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 1         (8)  RECORDS; CONFIDENTIAL INFORMATION.--All papers and

 2  records pertaining to a petition to terminate parental rights

 3  pending adoption are related to the subsequent adoption of the

 4  minor and are subject to the provisions of s. 63.162. The

 5  confidentiality provisions of this chapter do not apply to the

 6  extent information regarding persons or proceedings must be

 7  made available as specified under s. 63.088.

 8         Section 15.  Section 63.092, Florida Statutes, is

 9  amended to read:

10         63.092  Report to the court of intended placement by an

11  adoption entity; at-risk placement; preliminary study.--

12         (1)  REPORT TO THE COURT.--The adoption entity must

13  report any intended placement of a minor for adoption with any

14  person who is not a relative or a stepparent if the adoption

15  entity has knowledge of, or participates in, the such intended

16  placement. The report must be made to the court before the

17  minor is placed in the home or within 48 hours thereafter.

18  Failure to file the report of intended placement within 48

19  hours does not constitute grounds to deny the petition for

20  termination of parental rights or adoption if the report is

21  subsequently filed and no party is prejudiced by the failure

22  to file the report in a timely manner.

23         (2)  AT-RISK PLACEMENT.--If the minor is placed in the

24  prospective adoptive home before the parental rights of the

25  minor's parents are terminated under s. 63.089, the placement

26  is an at-risk placement. If the placement is an at-risk

27  placement, the prospective adoptive parents must acknowledge

28  in writing before the minor may be placed in the prospective

29  adoptive home that the placement is at risk. The prospective

30  adoptive parents shall be advised by the adoption entity, in

31  writing, that the minor is subject to removal from the

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 1  prospective adoptive home by the adoption entity or by court

 2  order at any time before prior to the finalization of the

 3  adoption.

 4         (3)  PRELIMINARY HOME STUDY.--Before placing the minor

 5  in the intended adoptive home, a preliminary home study must

 6  be performed by a licensed child-placing agency, a

 7  child-caring agency registered under s. 409.176, a licensed

 8  psychologist, clinical social worker, marriage and family

 9  therapist, or mental health counselor qualified and licensed

10  to perform a home study in the state or country where the

11  adoptive parent resides, professional, or agency described in

12  s. 61.20(2), unless the adoptee is an adult or the petitioner

13  is a stepparent or a relative. If the adoptee is an adult or

14  the petitioner is a stepparent or a relative, a preliminary

15  home study may be required by the court for good cause shown

16  to assist in determining whether the adoption is in the best

17  interest of the adoptee and is in accordance with state law.

18  The department is required to perform the preliminary home

19  study only if there is no licensed child-placing agency,

20  child-caring agency registered under s. 409.176, licensed

21  professional, or agency described in s. 61.20(2), in the

22  county where the prospective adoptive parents reside. The

23  preliminary home study must be made to determine the

24  suitability of the intended adoptive parents and may be

25  completed before prior to identification of a prospective

26  adoptive minor. A favorable preliminary home study is valid

27  for 1 year after the date of its completion. Upon its

28  completion, a copy of the home study must be provided to the

29  intended adoptive parents who were the subject of the home

30  study. Unless a court approves, a minor may not be placed in

31  an intended adoptive home before a favorable preliminary home

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 1  study is completed unless the adoptive home is also a licensed

 2  foster home under s. 409.175 or the placement is approved by

 3  the court. The preliminary home study must include, at a

 4  minimum:

 5         (a)  An interview with the intended adoptive parents;

 6         (b)  Records checks of the department's central abuse

 7  registry and criminal records correspondence checks under

 8  pursuant to s. 435.045 through the Department of Law

 9  Enforcement on the intended adoptive parents;

10         (c)  An assessment of the physical environment of the

11  home;

12         (d)  A determination of the financial security of the

13  intended adoptive parents;

14         (e)  Documentation of counseling and education of the

15  intended adoptive parents on adoptive parenting;

16         (f)  Documentation that information on adoption and the

17  adoption process has been provided to the intended adoptive

18  parents;

19         (g)  Documentation that information on support services

20  available in the community has been provided to the intended

21  adoptive parents; and

22         (h)  A copy of each prospective adoptive parent's

23  signed acknowledgment of receipt of disclosure required by s.

24  63.085.

25  

26  If the preliminary home study is favorable, a minor may be

27  placed in the home pending entry of the judgment of adoption.

28  A minor may not be placed in the home if the preliminary home

29  study is unfavorable. If the preliminary home study is

30  unfavorable, the adoption entity may, within 20 days after

31  receipt of a copy of the written recommendation, petition the

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 1  court to determine the suitability of the intended adoptive

 2  home. A determination as to suitability under this subsection

 3  does not act as a presumption of suitability at the final

 4  hearing. In determining the suitability of the intended

 5  adoptive home, the court must consider the totality of the

 6  circumstances in the home. No minor may be placed in a home in

 7  which there resides any person determined by the court to be a

 8  sexual predator as defined in s. 775.21 or to have been

 9  convicted of an offense listed in s. 63.089(4)(b)2.

10         Section 16.  Subsection (1), paragraphs (b) and (f) of

11  subsection (2), subsection (3), and paragraph (c) of

12  subsection (5) of section 63.097, Florida Statutes, are

13  amended to read:

14         63.097  Fees.--

15         (1)  When the adoption entity is an agency, fees may be

16  assessed if they are approved by the department within the

17  process of licensing the agency and if they are for:

18         (a)  Foster care expenses;

19         (b)  Preplacement and postplacement social services;

20  and

21         (c)  Agency facility and administrative costs.

22         (2)  The following fees, costs, and expenses may be

23  assessed by the adoption entity or paid by the adoption entity

24  on behalf of the prospective adoptive parents:

25         (b)  Reasonable and necessary medical expenses. These

26  Such expenses may be paid during the pregnancy and for a

27  period of up to 6 weeks postpartum. A court may approve

28  payment of medical expenses incurred beyond 6 weeks if it

29  finds that extraordinary circumstances justify the payment.

30         (f)  The following professional fees:

31  

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 1         1.  A reasonable hourly fee or flat fee necessary to

 2  provide legal representation to the adoptive parents, birth

 3  parents, or adoption entity in a proceeding filed under this

 4  chapter.

 5         2.  A reasonable hourly fee or flat fee for contact

 6  with the parent related to the adoption. In determining a

 7  reasonable hourly fee under this subparagraph, the court must

 8  consider if the tasks done were clerical or of such a nature

 9  that the matter could have been handled by support staff at a

10  lesser rate than the rate for legal representation charged

11  under subparagraph 1. Such tasks include, but need not be

12  limited to, transportation, transmitting funds, arranging

13  appointments, and securing accommodations.

14         3.  A reasonable hourly fee for counseling services

15  provided to a parent or a prospective adoptive parent by a

16  psychologist licensed under chapter 490 or a clinical social

17  worker, marriage and family therapist, or mental health

18  counselor licensed under chapter 491, or a counselor who is

19  employed by an adoption entity accredited by the Council on

20  Accreditation of Services for Children and Families to provide

21  pregnancy counseling and supportive services.

22         (3)  Approval of the court is not required until the

23  total of amounts permitted under subsection (2) exceeds:

24         (a)  $5,000 in legal, per law firm, or other fees;

25         (b)  $800 in court costs; or

26         (c)  $5,000 in reasonable and necessary living and

27  medical expenses.

28         (5)  The following fees, costs, and expenses are

29  prohibited:

30         (c)  Any fee on the affidavit which does not specify

31  the service that was provided and for which the fee is being

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 1  charged, such as a fee for facilitation, acquisition, or other

 2  similar service, or an hourly rate which does not identify the

 3  date the service was provided, the time required to provide

 4  the service, the person or entity providing the service, and

 5  the hourly fee charged.

 6         Section 17.  Section 63.102, Florida Statutes, is

 7  amended to read:

 8         63.102  Filing of petition for adoption or declaratory

 9  statement; venue; proceeding for approval of fees and costs.--

10         (1)  PETITION FOR ADOPTION.--A petition for adoption

11  may not be filed until after the entry of the judgment or

12  decree terminating parental rights pending adoption under this

13  chapter, unless the adoptee is an adult, or the petitioner is

14  a stepparent or a relative, or the minor has been the subject

15  of a judgment terminating parental rights under chapter 39.

16  After a judgment terminating parental rights has been entered,

17  a proceeding for adoption may be commenced by filing a

18  petition entitled, "In the Matter of the Adoption of ...." in

19  the circuit court. The person to be adopted shall be

20  designated in the caption in the name by which he or she is to

21  be known if the petition is granted. At the request of a

22  party, the Any name by which the minor was previously known

23  may not be disclosed in the petition, the notice of hearing

24  according to s. 63.122(3), or the judgment of adoption, or

25  court docket according to s. 63.162(3).

26         (2)  VENUE.--A petition for adoption or for a

27  declaratory statement as to the adoption contract may shall be

28  filed in the county where the petition for termination of

29  parental rights was granted, or in unless the court, in

30  accordance with s. 47.122, changes the venue to the county

31  where the petitioner or petitioners or the minor resides or

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 1  where the adoption entity with which the minor has been placed

 2  is located. The circuit court in this state may must retain

 3  jurisdiction over the matter until a final judgment is entered

 4  on the adoption. The Uniform Child Custody Jurisdiction and

 5  Enforcement Act does not apply until a final judgment is

 6  entered on the adoption.

 7         (3)  FILING OF ADOPTION PETITION REQUIRED.--Except in

 8  cases in which the minor child was placed by the department

 9  and unless leave of court is granted for good cause shown, a

10  petition for adoption shall be filed not later than 60 days

11  after entry of the final judgment terminating parental rights.

12         (4)  CONFIDENTIALITY.--If the filing of the petition

13  for adoption or for a declaratory statement as to the adoption

14  contract in the county where the petitioner or minor resides

15  would tend to endanger the privacy of the petitioner or minor,

16  the petition for adoption may be filed in a different county,

17  provided the substantive rights of any person will not thereby

18  be affected.

19         (5)  PRIOR APPROVAL OF FEES AND COSTS.--A proceeding

20  for prior approval of fees and costs may be commenced any time

21  after an agreement is reached with between the birth mother or

22  and the adoptive parents by filing a petition or motion for

23  declaratory statement on the agreement entitled "In the Matter

24  of the Proposed Adoption of a Minor Child" in the circuit

25  court.

26         (a)  The petition must be filed by the adoption entity

27  with the consent of the parties to the agreement.

28         (b)  A contract for the payment of fees, costs, and

29  expenses permitted under this chapter must be in writing, and

30  any person who enters into the contract has 3 business days in

31  which to cancel the contract unless placement of the child has

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 1  occurred. To cancel the contract, the person must notify the

 2  adoption entity in writing by certified United States mail,

 3  return receipt requested, no later than 3 business days after

 4  signing the contract. For the purposes of this subsection, the

 5  term "business day" means a day on which the United States

 6  Postal Service accepts certified mail for delivery. If the

 7  contract is canceled within the first 3 business days, the

 8  person who cancels the contract does not owe any legal,

 9  intermediary, or other fees, but may be responsible for the

10  adoption entity's actual costs during that time.

11         (c)  The court may grant approval only of fees and

12  expenses permitted under s. 63.097. A prior approval of

13  prospective fees and costs creates shall create a presumption

14  that these items will subsequently be approved by the court

15  under s. 63.132. The court, under s. 63.132, may order an

16  adoption entity to refund any amounts paid under this

17  subsection that are subsequently found by the court to be

18  greater than fees, costs, and expenses actually incurred.

19         (d)  The contract may not require, and the court may

20  not approve, any amount that constitutes payment for locating

21  a minor for adoption except as authorized under s. 63.212(1).

22         (e)  A declaratory statement as to the adoption

23  contract, regardless of when filed, shall be consolidated with

24  any related petition for adoption. The clerk of the court

25  shall only assess one filing fee that includes the adoption

26  action, the declaratory statement petition, and the petition

27  for termination of parental rights.

28         (f)  Prior approval of fees and costs by the court does

29  not obligate the parent to ultimately relinquish the minor for

30  adoption.

31  

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 1         (6)  STEPCHILD, RELATIVE, AND ADULT

 2  ADOPTIONS.--Petitions for the adoption of a stepchild, a

 3  relative, or an adult may shall not require the filing of a

 4  separate judgment or separate proceeding terminating parental

 5  rights pending adoption. The final judgment of adoption has

 6  shall have the effect of terminating parental rights

 7  simultaneously with the granting of the decree of adoption.

 8         Section 18.  Subsection (2) of section 63.112, Florida

 9  Statutes, is amended to read:

10         63.112  Petition for adoption; description; report or

11  recommendation, exceptions; mailing.--

12         (2)  The following documents are required to be filed

13  with the clerk of the court at the time the petition is filed:

14         (a)  A certified copy of the court judgment terminating

15  parental rights under chapter 39 or under this chapter or, if

16  the adoptee is an adult or a minor relative or stepchild of

17  the petitioner, the required consent, unless the such consent

18  is excused by the court.

19         (b)  The favorable preliminary home study of the

20  department, licensed child-placing agency, or professional

21  under pursuant to s. 63.092, as to the suitability of the home

22  in which the minor has been placed, unless the petitioner is a

23  stepparent or a relative.

24         (c)  A copy of any declaratory statement previously

25  entered by the court under pursuant to s. 63.102.

26         (d)  Documentation that an interview was held with the

27  minor, if older than 12 years of age, unless the court, in the

28  best interest of the minor, dispenses with the minor's consent

29  under s. 63.062(1)(c).

30         Section 19.  Subsections (3) and (5) of section 63.122,

31  Florida Statutes, are amended to read:

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 1         63.122  Notice of hearing on petition.--

 2         (3)  Upon a showing by the petitioner that the privacy,

 3  safety, or and welfare of the petitioner or minor may be

 4  endangered, the court may order the names, addresses, or other

 5  identifying information of the petitioner, parent, or minor,

 6  or all both, to be deleted from the notice of hearing and from

 7  the copy of the petition attached thereto, provided the

 8  substantive rights of any person will not thereby be affected.

 9         (5)  After filing the petition to adopt an adult, the

10  court may order an appropriate investigation to assist in

11  determining whether the adoption is in the best interest of

12  the persons involved and is in accordance with state law.

13         Section 20.  Subsection (4) of section 63.125, Florida

14  Statutes, is amended to read:

15         63.125  Final home investigation.--

16         (4)  The department, the licensed child-placing agency,

17  or the professional making the required investigation may

18  request other state agencies, licensed professionals qualified

19  to conduct a home study, or child-placing agencies within or

20  outside this state to make investigations of designated parts

21  of the inquiry and to make a written report to the department,

22  the professional, or other person or agency.

23         Section 21.  Subsections (1) and (4) of section 63.132,

24  Florida Statutes, are amended to read:

25         63.132  Affidavit of expenses and receipts.--

26         (1)  Before the hearing on the petition for adoption,

27  the prospective adoptive parent and any adoption entity must

28  file two copies of an affidavit itemizing under this section.

29         (a)  The affidavit must be signed by the adoption

30  entity and the prospective adoptive parents. A copy of the

31  

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 1  affidavit must be provided to the adoptive parents at the time

 2  the affidavit is executed.

 3         (b)  The affidavit must itemize all disbursements and

 4  receipts of anything of value, including all professional and

 5  legal fees, made or agreed to be made by or on behalf of the

 6  prospective adoptive parent and any adoption entity in

 7  connection with the placement of adoption or in connection

 8  with any prior proceeding to terminate parental rights which

 9  involved the minor who is the subject of the petition for

10  adoption. The affidavit must also include, for each legal or

11  counseling fee itemized, the service provided for which the

12  fee is being charged, the date the service was provided, the

13  time required to provide the service if the service was

14  charged by the hour, the person or entity that provided the

15  service, and the hourly fee charged.

16         (c)  The affidavit must show any expenses or receipts

17  incurred in connection with:

18         (a)1.  The birth of the minor.

19         (b)2.  The placement of the minor with the petitioner.

20         (c)3.  The medical or hospital care received by the

21  mother or by the minor during the mother's prenatal care and

22  confinement.

23         (d)4.  The living expenses of the birth mother. The

24  living expenses must be itemized in detail to apprise the

25  court of the exact expenses incurred.

26         (e)5.  The services relating to the adoption or to the

27  placement of the minor for adoption that were received by or

28  on behalf of the petitioner, the adoption entity, either

29  parent, the minor, or any other person.

30         (f)  All fees charged in connection with the placement

31  of the minor.

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 1  

 2  The affidavit must state whether any of these expenses were

 3  paid for by collateral sources, including, but not limited to,

 4  health insurance, Medicaid, Medicare, or public assistance.

 5         (4)  This section does not apply to an adoption by a

 6  stepparent or an adoption of a relative or adult, does not

 7  apply to the finalization of an adoption of a minor whose

 8  parental rights were terminated under chapter 39, and does not

 9  apply to the domestication of an adoption decree of a minor

10  child adopted in a foreign country.

11         Section 22.  Subsection (1) of section 63.135, Florida

12  Statutes, is amended to read:

13         63.135  Information under oath to be submitted to the

14  court.--

15         (1)  The adoption entity or petitioner must file an

16  affidavit under the Uniform Child Custody Jurisdictional and

17  Enforcement Act in a termination of parental rights Each party

18  in an adoption proceeding, in the first pleading or in an

19  affidavit attached to that pleading, shall give information

20  under oath as to the child's present address, the places where

21  the child has lived within the last 5 years, and the names and

22  present addresses of the persons with whom the child has lived

23  during that period. In the pleading or affidavit each party

24  shall further declare under oath whether:

25         (a)  The party has participated as a party or witness

26  or in any other capacity in any other litigation concerning

27  the custody of the same child in this or any other state;

28         (b)  The party has information of any custody

29  proceeding concerning the child pending in a court of this or

30  any other state; and

31  

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 1         (c)  The party knows of any person not a party to the

 2  proceedings who has physical custody of the child or claims to

 3  have custody or visitation rights with respect to the child.

 4         Section 23.  Subsections (3) and (4) of section 63.142,

 5  Florida Statutes, are amended to read:

 6         63.142  Hearing; judgment of adoption.--

 7         (3)  DISMISSAL.--

 8         (a)  If the petition is dismissed, further proceedings,

 9  if any, regarding the minor must be brought in a separate

10  custody action under chapter 61, a dependency action under

11  chapter 39, or a paternity action under chapter 742 the court

12  shall determine the person that is to have custody of the

13  minor.

14         (b)  If the petition is dismissed, the court shall

15  state with specificity the reasons for the dismissal.

16         (4)  JUDGMENT.--At the conclusion of the hearing, after

17  the court determines that the date for a parent to file an

18  appeal of a valid judgment terminating that parent's parental

19  rights has passed and no appeal, under pursuant to the Florida

20  Rules of Appellate Procedure, is pending and that the adoption

21  is in the best interest of the person to be adopted, a

22  judgment of adoption shall be entered. A judgment terminating

23  parental rights pending adoption is voidable and any later

24  judgment of adoption of that minor is voidable if, upon a

25  parent's motion for relief from judgment, the court finds that

26  the adoption fails to substantially meet the requirements of

27  this chapter. The motion must be filed within a reasonable

28  time, but not later than 1 year after the date the judgment

29  terminating parental rights was entered.

30         Section 24.  Section 63.152, Florida Statutes, is

31  amended to read:

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 1         63.152  Application for new birth record.--Within 30

 2  days after entry of a judgment of adoption, the clerk of the

 3  court shall transmit a certified statement of the entry to the

 4  state registrar of vital statistics in the state where the

 5  adoptee was born on a form provided by the Florida registrar.

 6  A new birth record containing the necessary information

 7  supplied by the certificate shall be issued by the registrar

 8  on application of the adopting parents or the adopted person.

 9         Section 25.  Subsections (1), (3), (4), and (7) of

10  section 63.162, Florida Statutes, are amended, and subsection

11  (8) is added to that section, to read:

12         63.162  Hearings and records in adoption proceedings;

13  confidential nature.--

14         (1)  All hearings held in proceedings under this

15  chapter act shall be held in closed court without admittance

16  of any person other than essential officers of the court, the

17  parties, witnesses, counsel, persons who have not consented to

18  the adoption and are required to consent, and representatives

19  of the agencies who are present to perform their official

20  duties.

21         (3)  The court files, records, and papers in the

22  adoption of a minor shall be indexed only in the name of the

23  petitioner, and the name of the petitioner and the minor may

24  shall not be noted on any docket, index, or other record

25  outside the court file, except that closed agency files may be

26  cross-referenced in the original and adoptive names of the

27  minor. The index is not subject to the public-records law and

28  is not open to public inspection.

29         (4)  A person may not disclose from the records the

30  name and identity of a birth parent, an adoptive parent, or an

31  adoptee unless:

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 1         (a)  The birth parent authorizes in writing the release

 2  of his or her name and files the release with the adoption

 3  entity, an adoption reunion registry, the department, or the

 4  court;

 5         (b)  The adoptee, if 18 or more years of age,

 6  authorizes in writing the release of his or her name; or, if

 7  the adoptee is less than 18 years of age, written consent to

 8  disclose the adoptee's name is obtained from an adoptive

 9  parent;

10         (c)  The adoptive parent authorizes in writing the

11  release of his or her name; or

12         (d)  Upon order of the court for good cause shown.  In

13  determining whether good cause exists, the court shall give

14  primary consideration to the best interests of the adoptee,

15  but must also give due consideration to the interests of the

16  adoptive and birth parents.  Factors to be considered in

17  determining whether good cause exists include, but are not

18  limited to:

19         1.  The reason the information is sought;

20         2.  The existence of means available to obtain the

21  desired information without disclosing the identity of the

22  birth parents, such as by having the court, a person appointed

23  by the court, the department, or the licensed child-placing

24  agency contact the birth parents and request specific

25  information;

26         3.  The desires, to the extent known, of the adoptee,

27  the adoptive parents, and the birth parents;

28         4.  The age, maturity, judgment, and expressed needs of

29  the adoptee; and

30         5.  The recommendation of the department, licensed

31  child-placing agency, or professional which prepared the

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 1  preliminary study and home investigation, or the department if

 2  no such study was prepared, concerning the advisability of

 3  disclosure.

 4         (7)  The court may, upon petition of an adult adoptee,

 5  for good cause shown, appoint an intermediary or a licensed

 6  child-placing agency to contact a birth parent to who has not

 7  registered with the adoption registry pursuant to s. 63.165

 8  and advise him or her them of the adoptee's request to open

 9  the file or the adoption registry, and offer him or her the

10  opportunity to waive their confidentiality and consent to the

11  opening of their records availability of same.

12         (8)  As a result of any proceeding under s. 382.015,

13  this section, or any other proceeding to unseal an original

14  birth certificate, the Office of Vital Statistics may release

15  an original, sealed birth certificate only to the department.

16  The department must make a written request for the birth

17  certificate from the Office of Vital Statistics within 10 days

18  after the department's receipt of an order or other

19  documentation authorizing unsealing of the original birth

20  certificate. Upon receipt of the department's request, the

21  Office of Vital Statistics shall release the original sealed

22  birth certificate to the department in a manner that will

23  ensure confidentiality.

24         Section 26.  Section 63.192, Florida Statutes, is

25  amended to read:

26         63.192  Recognition of foreign judgment affecting

27  adoption.--A judgment or decree granting legal guardianship

28  for purposes of adoption or of court terminating the

29  relationship of parent and child or establishing the

30  relationship by adoption issued under pursuant to due process

31  of law by a court or authorized body of any other jurisdiction

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 1  within or without the United States shall be recognized in

 2  this state, and the rights and obligations of the parties on

 3  matters within the jurisdiction of this state shall be

 4  determined as though the judgment were issued by a court of

 5  this state. A judgment or decree of a court or authorized body

 6  terminating the relationship of a parent and child, whether

 7  independent, incorporated in an adoption decree, or

 8  incorporated in a legal guardianship order issued pursuant to

 9  due process of law of any other jurisdiction within or without

10  the United States, shall be deemed to effectively terminate

11  parental rights for purposes of proceeding on a petition for

12  adoption in this state. When a minor child has been made

13  available for adoption in a foreign state or foreign country

14  and the parental rights of the minor child's parent have been

15  terminated, or the child has been declared to be abandoned or

16  orphaned, no additional termination of parental rights

17  proceeding need occur, and the adoption may be finalized

18  according to the procedures set forth in this chapter.

19         Section 27.  Section 63.207, Florida Statutes, is

20  amended to read:

21         63.207  Out-of-state placement.--

22         (1)  Unless the parent placing a minor for adoption

23  files an affidavit that the parent chooses to place the minor

24  outside the state, giving the reason for that placement, or

25  the minor is to be placed with a relative or with a

26  stepparent, or the minor is a special needs child, as defined

27  in s. 409.166, or for other good cause shown, an adoption

28  entity may not:

29         (a)  Take or send a minor out of the state for the

30  purpose of placement for adoption; or

31  

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 1         (b)  Place or attempt to place a minor for the purpose

 2  of adoption with a family who primarily lives and works

 3  outside Florida in another state. If an adoption entity is

 4  acting under this subsection, the adoption entity must file a

 5  petition for declaratory statement under pursuant to s. 63.102

 6  for prior approval of fees and costs. The court shall review

 7  the costs under pursuant to s. 63.097. The petition for

 8  declaratory statement may must be consolidated with converted

 9  to a petition for an adoption upon placement of the minor in

10  the home. When a minor is placed for adoption with prospective

11  adoptive parents who primarily live and work outside this

12  state, the circuit court in this state may retain jurisdiction

13  over the matter until the adoption becomes final. The

14  prospective adoptive parents may finalize the adoption in this

15  state or their home state.

16         (2)  An adoption entity may not counsel a birth mother

17  to leave the state for the purpose of giving birth to a child

18  outside the state in order to secure a fee in excess of that

19  permitted under s. 63.097 when it is the intention that the

20  child is to be placed for adoption outside the state.

21         (3)  When applicable, the Interstate Compact on the

22  Placement of Children authorized in s. 409.401 shall be used

23  in placing children outside the state for adoption, unless

24  excused by the court for good cause shown.

25         Section 28.  Paragraphs (b), (c), and (f) of subsection

26  (1) and subsections (2) and (7) of section 63.212, Florida

27  Statutes, are amended to read:

28         63.212  Prohibited acts; penalties for violation.--

29         (1)  It is unlawful for any person:

30         (b)  Except an adoption entity, to place or attempt to

31  place within the state a minor for adoption unless the minor

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 1  is placed with a relative or with a stepparent. This

 2  prohibition, however, does not apply to a person who is

 3  placing or attempting to place a minor for the purpose of

 4  adoption with the adoption entity or the prospective adoptive

 5  parents.

 6         (c)  To sell or surrender, or to arrange for the sale

 7  or surrender of, a minor to another person for money or

 8  anything of value or to receive a such minor child for a such

 9  payment or thing of value. If a minor is being adopted by a

10  relative or by a stepparent, or is being adopted through an

11  adoption entity, this paragraph does not prohibit the person

12  who is contemplating adopting the child from paying, under ss.

13  63.097 and 63.132, the actual prenatal care and living

14  expenses of the mother of the child to be adopted, or from

15  paying, under ss. 63.097 and 63.132, the actual living and

16  medical expenses of the such mother under these sections for a

17  reasonable time, not to exceed 6 weeks, if medical needs

18  require such support, after the birth of the minor.

19         (f)  Except an adoption entity, to charge or accept any

20  fee or compensation of any nature from anyone for making a

21  referral in connection with an adoption or for providing

22  adoption services, facilitating, matching, or placement

23  services.

24         (2)(a)  It is unlawful for any person under this

25  chapter to:

26         1.  Knowingly provide false information; or

27         2.  Knowingly withhold material information.

28         (b)  It is unlawful for a parent, with the intent to

29  defraud, to accept benefits related to the same pregnancy from

30  more than one adoption entity without disclosing that fact to

31  each entity.

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 1         (c)  It is unlawful for any person who knows that the

 2  parent whose rights are to be terminated intends to object to

 3  said termination to intentionally file the petition for

 4  termination of parental rights in a county inconsistent with

 5  the required venue under such circumstances.

 6  

 7  Any person who willfully violates any provision of this

 8  subsection commits a misdemeanor of the second degree,

 9  punishable as provided in s. 775.082 or s. 775.083. In

10  addition, the such person is liable for damages caused by the

11  such acts or omissions, including reasonable attorney's fees

12  and costs. Damages may be awarded through restitution in any

13  related criminal prosecution or by filing a separate civil

14  action.

15         (7)  It is unlawful for any adoptive parent or adoption

16  entity to obtain a preliminary home study or final home

17  investigation and fail to disclose the existence of the study

18  or investigation to the court when required by law to do so.

19         Section 29.  Subsection (4) and paragraph (c) of

20  subsection (6) of section 63.213, Florida Statutes, are

21  amended to read:

22         63.213  Preplanned adoption agreement.--

23         (4)  An attorney who represents an intended father and

24  intended mother or any other attorney with whom that attorney

25  is associated shall not represent simultaneously a female who

26  is or proposes to be a volunteer mother in the same any matter

27  relating to a preplanned adoption agreement or preplanned

28  adoption arrangement.

29         (6)  As used in this section, the term:

30  

31  

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 1         (c)  "Fertility technique" means artificial

 2  embryonation, or artificial insemination, whether in vivo or

 3  in vitro, egg donation, or embryo adoption.

 4         Section 30.  Section 63.236, Florida Statutes, is

 5  created to read:

 6         63.236  Petitions filed before effective date;

 7  governing law.--Any petition for termination of parental

 8  rights filed before the July 1, 2005, shall be governed by the

 9  law in effect at the time the petition was filed.

10         Section 31.  Paragraph (a) of subsection (2), paragraph

11  (a) of subsection (3), and subsection (5) of section 409.166,

12  Florida Statutes, are amended to read:

13         409.166  Special needs children; subsidized adoption

14  program.--

15         (2)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Special needs child" means a child whose

17  permanent custody has been awarded to the department, or to a

18  licensed child-placing agency, or placed through an adoptive

19  intermediary and

20         1.  Who has established significant emotional ties with

21  his or her foster parents; or

22         2.  Is not likely to be adopted because he or she is:

23         a.  Eight years of age or older;

24         b.  Mentally retarded;

25         c.  Physically or emotionally handicapped;

26         d.  Of black or racially mixed parentage; or

27         e.  A member of a sibling group of any age, provided

28  two or more members of a sibling group remain together for

29  purposes of adoption.

30         (3)  ADMINISTRATION OF PROGRAM.--

31  

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 1         (a)  The department shall establish and administer an

 2  adoption program for special needs children to be carried out

 3  by the department or by contract with a licensed child-placing

 4  agency or adoptive intermediary. The program shall attempt to

 5  increase the number of persons seeking to adopt special needs

 6  children and the number of adoption placements and shall

 7  extend subsidies and services, when needed, to the adopting

 8  parents of a special needs child.

 9         (5)  WAIVER OF ADOPTION FEES.--The adoption fees shall

10  be waived for all adoptive parents who participate in the

11  program who adopt children in the custody of the department.

12  Fees may be waived for families who adopt children in the

13  custody of licensed child-placing agencies or who adopt

14  children through intermediary-placed independent adoptions,

15  and who receive or may be eligible for subsidies through the

16  department.  Retroactive reimbursement of fees may not be

17  required for families who adopt children in the custody of

18  licensed child-placing agencies.

19         Section 32.  Paragraph (b) of subsection (5), paragraph

20  (b) of subsection (10), paragraph (b) of subsection (11), and

21  subsection (14) of section 409.176, Florida Statutes, are

22  amended to read:

23         409.176  Registration of residential child-caring

24  agencies and family foster homes.--

25         (5)  The licensing provisions of s. 409.175 do not

26  apply to a facility operated by an organization that:

27         (b)  Is certified by a Florida statewide child care

28  organization which was in existence on January 1, 1984, and

29  which publishes, and requires compliance with, its standards

30  and files copies thereof with the department. These Such

31  standards shall be in substantial compliance with published

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 1  minimum standards that similar licensed child-caring agencies,

 2  licensed child-placing agencies, or family foster homes are

 3  required to meet, as determined by the department, with the

 4  exception of those standards of a curricular or religious

 5  nature and those relating to staffing or financial stability

 6  of licensed child-caring agencies or foster homes. Once the

 7  department has determined that the standards for child-caring

 8  agencies, child-placing agencies, or family foster homes are

 9  in substantial compliance with minimum standards that similar

10  facilities are required to meet, the standards do not have to

11  be resubmitted to the department unless a change occurs in the

12  standards. Any changes in the standards shall be provided to

13  the department within 10 days of their adoption.

14         (10)

15         (b)  The qualified association shall notify the

16  department when the qualified association finds, within 30

17  days after written notification by registered mail of the

18  requirement for registration, that a person or facility

19  continues to care for children without a certificate of

20  registration. The department shall notify the appropriate

21  state attorney of the violation of law and, if necessary,

22  shall institute a civil suit to enjoin the person or facility

23  from continuing the care or placement of children.

24         (11)

25         (b)  If the department determines that a person or

26  facility is caring for or placing a child without a valid

27  certificate of registration issued by the qualified

28  association or has made a willful or intentional misstatement

29  on any registration application or other document required to

30  be filed in connection with an application for a certificate

31  of registration, the qualified association, as an alternative

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 1  to or in conjunction with an administrative action against the

 2  such person or facility, shall make a reasonable attempt to

 3  discuss each violation with, and recommend corrective action

 4  to, the person or the administrator of the facility, prior to

 5  written notification thereof.

 6         (14)  Registration under this section, including the

 7  issue of substantial compliance with published minimum

 8  standards that similar licensed child-caring facilities,

 9  licensed child-placing agencies, or family foster homes are

10  required to meet, as provided in paragraph (5)(b), is subject

11  to the provisions of chapter 120.

12         Section 33.  Section 742.14, Florida Statutes, is

13  amended to read:

14         742.14  Donation of eggs, sperm, or preembryos.--The

15  donor of any egg, sperm, or preembryo, or embryo, other than

16  the commissioning couple or a father who has executed a

17  preplanned adoption agreement under s. 63.212, shall

18  relinquish all maternal or paternal rights and obligations

19  with respect to the donation or the resulting children

20  simultaneously upon the completion of the donation.  Only

21  reasonable compensation directly related to the donation of

22  eggs, sperm, and preembryos, and embryos shall be permitted.

23         Section 34.  Subsection (2) of section 742.15, Florida

24  Statutes, is amended to read:

25         742.15  Gestational surrogacy contract.--

26         (2)  The commissioning couple shall enter into a

27  contract with a gestational surrogate only when, within

28  reasonable medical certainty as determined by a physician

29  licensed under chapter 458 or chapter 459 or a physician

30  licensed under an equivalent law in the physician's state of

31  practice:

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 1         (a)  The commissioning mother cannot physically gestate

 2  a pregnancy to term;

 3         (b)  The gestation will cause a risk to the physical

 4  health of the commissioning mother; or

 5         (c)  The gestation will cause a risk to the health of

 6  the fetus.

 7         Section 35.  Section 742.18, Florida Statutes, is

 8  created to read:

 9         742.18  Prohibited fees and acts.--

10         (1)  A person or entity, except a licensed physician,

11  fertility clinic, or attorney, may not:

12         (a)  Receive compensation in advising or assisting in

13  donor or gestational carrier arrangements.

14         (b)  Advertise or offer to the public, in any way, by

15  any medium whatsoever, that a donor, carrier, or intended

16  parent is sought for or available for matching or that they

17  provide services in the arrangements.

18         (c)  Publish or broadcast any advertisement except that

19  an intended parent or parents, carrier, or donor seeks a

20  donor, intended parent, or carrier for their own arrangement.

21         (d)  Charge or accept any fee or compensation of any

22  nature to or from anyone for making a referral in connection

23  with a donor or carrier agreement or for facilitating such an

24  arrangement.

25         (e)  Escrow funds in a donor or gestational carrier

26  arrangement.

27         (f)  Assist in the commission of any act in paragraphs

28  (a)-(e).

29         (2)  A fee, whether denominated as an agent, agency,

30  finder, or facilitator's fee for finding, screening, matching,

31  or facilitating a donor or gestational carrier arrangement,

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 1  may not be paid to or received by a person other than a

 2  licensed physician, fertility clinic, or attorney.

 3         (3)  A person or entity who violates this section may

 4  be enjoined by a court from engaging in these practices in

 5  this state.

 6         (4)(a)  A person who willfully violates this section

 7  commits a misdemeanor of the second degree, punishable as

 8  provided in s. 775.082 or s. 775.083. Each day of a continuing

 9  violation constitutes a separate offense.

10         (b)  A person who violates this section is liable for

11  damages caused by his or her acts or omissions and for

12  reasonable attorney's fees and costs. Damages may be awarded

13  through restitution in any related criminal prosecution or by

14  filing a separate civil action.

15         Section 36.  For the purpose of incorporating the

16  amendment made by this act to section 63.062, Florida

17  Statutes, in a reference thereto, subsection (49) of section

18  39.01, Florida Statutes, is reenacted to read:

19         39.01  Definitions.--When used in this chapter, unless

20  the context otherwise requires:

21         (49)  "Parent" means a woman who gives birth to a child

22  and a man whose consent to the adoption of the child would be

23  required under s. 63.062(1). If a child has been legally

24  adopted, the term "parent" means the adoptive mother or father

25  of the child. The term does not include an individual whose

26  parental relationship to the child has been legally

27  terminated, or an alleged or prospective parent, unless the

28  parental status falls within the terms of s. 39.503(1) or s.

29  63.062(1). For purposes of this chapter only, when the phrase

30  "parent or legal custodian" is used, it refers to rights or

31  responsibilities of the parent and, only if there is no living

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 1  parent with intact parental rights, to the rights or

 2  responsibilities of the legal custodian who has assumed the

 3  role of the parent.

 4         Section 37.  For the purpose of incorporating the

 5  amendment made by this act to section 63.062, Florida

 6  Statutes, in a reference thereto, subsection (39) of section

 7  984.03, Florida Statutes, is reenacted to read:

 8         984.03  Definitions.--When used in this chapter, the

 9  term:

10         (39)  "Parent" means a woman who gives birth to a child

11  and a man whose consent to the adoption of the child would be

12  required under s. 63.062(1). If a child has been legally

13  adopted, the term "parent" means the adoptive mother or father

14  of the child. The term does not include an individual whose

15  parental relationship to the child has been legally

16  terminated, or an alleged or prospective parent, unless the

17  parental status falls within the terms of either s. 39.503(1)

18  or s. 63.062(1).

19         Section 38.  For the purpose of incorporating the

20  amendment made by this act to section 63.062, Florida

21  Statutes, in a reference thereto, subsection (40) of section

22  985.03, Florida Statutes, is reenacted to read:

23         985.03  Definitions.--When used in this chapter, the

24  term:

25         (40)  "Parent" means a woman who gives birth to a child

26  and a man whose consent to the adoption of the child would be

27  required under s. 63.062(1). If a child has been legally

28  adopted, the term "parent" means the adoptive mother or father

29  of the child. The term does not include an individual whose

30  parental relationship to the child has been legally

31  terminated, or an alleged or prospective parent, unless the

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 1  parental status falls within the terms of either s. 39.503(1)

 2  or s. 63.062(1).

 3         Section 39.  This act shall take effect July 1, 2005.

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Redefines terms and adds term relating to adoption.
      Requires an adoption entity to diligently search for a
 4    person whose consent is required for the adoption.
      Provides that a judgement of adoption is voidable under
 5    certain circumstances if a court finds that a person
      whose consent is required gave false information.
 6    Provides that a court in this state retains jurisdiction
      until the adoption is finalized in this state or in
 7    another state. Provides that if an unmarried biological
      father fails to take the actions that are available to
 8    him to establish a relationship with his child, his
      parental interest may be lost entirely. Provides that if
 9    a putative father fails to report a change of address to
      the Florida Putative Father Registry, the failure is not
10    a valid defense based upon lack of notice and the
      adoption entity or adoption petitioner is not obligated
11    to search further for the registrant. Specifies who is
      required to consent to an adoption. Provides that an
12    adoption agency may file a notice of an intended adoption
      plan at any time before the birth of the child or before
13    placing the child in the adoptive home. Requires an
      adoption entity to make a good faith effort to locate the
14    putative father. Provides that a court may waive consent
      for an adoption if the person from whom consent is
15    required has been judicially declared incompetent and for
      whom restoration is improbable within a reasonable period
16    of time, taking into consideration the best interests of
      the child. Limits revocation of a consent to adopt to 3
17    days if the child is older than 6 months of age.
      Authorizes a court to transfer a child to the prospective
18    adoptive parents under certain circumstances. Provides
      procedures to terminate parental rights pending an
19    adoption. Requires the court to conduct an inquiry
      concerning the father of the child who is to be adopted.
20    Provides grounds to terminate parental rights. Provides
      that a court may terminate the parental rights of a
21    person who has been judicially declared incompetent and
      is not likely to fulfill his or her parental
22    responsibilities. Provides for fees to be paid to an
      adoption entity. Provides procedures for the filing of a
23    petition for adoption. Requires the adoptive parent and
      the adoption entity to file an affidavit itemizing all
24    expenses and receipts. Details the expenses and receipts
      that must be in the affidavit. Requires the clerk of
25    court to transmit a certified statement of the adoption
      to the state where the child was born. Provides that the
26    court index of adoption files is not a public record and
      not open to public inspection. Authorizes the birth
27    parent to release his or her name under certain
      circumstances. Requires the courts of this state to
28    recognize decrees of termination of parental rights and
      adoptions from other states. Prohibits an attorney from
29    representing the volunteer mother and the intended mother
      in a preplanned adoption arrangement. Provides that
30    licensing provisions do not apply to certain licensed
      child-placing agencies. Provides that the donor of an
31    embryo relinquishes all parental rights and obligations
      to the embryo or the resulting children at the time of
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 1    the donation. Prohibits a person or entity, except a
      licensed physician, fertility clinic, or attorney from
 2    doing certain specified acts. Prohibits a person other
      than a licensed physician, fertility clinic, or attorney
 3    from accepting a fee for finding, screening, matching, or
      facilitating a donor or gestational carrier arrangement.
 4    Provides that if a person willfully violates the act he
      or she commits a misdemeanor of the second degree.
 5    Provides criminal penalties. Provides that if a person
      violates the act he or she is liable for damages caused
 6    by his or her acts or omissions and for reasonable
      attorney's fees and costs.
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