Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 408
Barcode 170880
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
04/25/2006 09:44 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Campbell) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Subsections (1) and (5) of section 63.054,
19 Florida Statutes, are amended to read:
20 63.054 Actions required by an unmarried biological
21 father to establish parental rights; Florida Putative Father
22 Registry.--
23 (1) In order to preserve the right to notice and
24 consent to an adoption under this chapter, an unmarried
25 biological father must, as the "registrant," file a notarized
26 claim of paternity form with the Florida Putative Father
27 Registry maintained by the Office of Vital Statistics of the
28 Department of Health and shall include therein confirmation of
29 his willingness and intent to support the child for whom
30 paternity is claimed in accordance with state law. The claim
31 of paternity may be filed at any time prior to the child's
1
4:27 PM 04/21/06 s0408d-ju32-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 408
Barcode 170880
1 birth, but a claim of paternity may not be filed after the
2 date a petition is filed for termination of parental rights.
3 In each proceeding for termination of parental rights, the
4 petitioner shall submit to the Office of Vital Statistics of
5 the Department of Health a copy of the petition for
6 termination of parental rights. The Office of Vital Statistics
7 of the Department of Health shall not record a claim of
8 paternity after the date that a petition for termination of
9 parental rights is filed.
10 (5) The registrant may, at any time prior to the birth
11 of the child for whom paternity is claimed, execute a
12 notarized written revocation of the claim of paternity
13 previously filed with the Florida Putative Father Registry,
14 and upon receipt of such revocation, the claim of paternity
15 shall be deemed null and void. If a court determines that a
16 registrant is not the father of the minor or has no parental
17 rights, the court shall order the Department of Health to
18 remove the registrant's name from the registry.
19 Section 2. Subsection (4) of section 63.062, Florida
20 Statutes, is amended to read:
21 63.062 Persons required to consent to adoption;
22 affidavit of nonpaternity; waiver of venue.--
23 (4) Any person whose consent is required under
24 paragraph (1)(b), or any other man, paragraphs (1)(c)-(e) may
25 execute an irrevocable affidavit of nonpaternity in lieu of a
26 consent under this section and by doing so waives notice to
27 all court proceedings after the date of execution. An
28 affidavit of nonpaternity must be executed as provided in s.
29 63.082. The affidavit of nonpaternity may be executed prior to
30 the birth of the child. The person executing the affidavit
31 must receive disclosure under s. 63.085 prior to signing the
2
4:27 PM 04/21/06 s0408d-ju32-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 408
Barcode 170880
1 affidavit.
2 Section 3. Section 63.182, Florida Statutes, is
3 amended to read:
4 63.182 Statute of repose.--
5 (1) Notwithstanding s. 95.031 or s. 95.11 or any other
6 statute, an action or proceeding of any kind to vacate, set
7 aside, or otherwise nullify a judgment of adoption or an
8 underlying judgment terminating parental rights on any ground
9 may not be filed more than 1 year after entry of the judgment
10 terminating parental rights.
11 (2)(a) Except for the specific persons expressly
12 entitled to be given notice of an adoption in accordance with
13 this chapter, the interest that entitles a person to notice of
14 an adoption must be direct, financial, and immediate and the
15 person must show that he or she will gain or lose by the
16 direct legal operation and effect of the judgment. A showing
17 of an indirect, inconsequential, or contingent interest is
18 wholly inadequate and a person with this indirect interest
19 lacks standing to set aside a judgment of adoption.
20 (b) This subsection is remedial and shall apply to all
21 adoptions, including those in which a judgment of adoption has
22 already been entered.
23 Section 4. This act shall take effect upon becoming a
24 law.
25
26
27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 Delete everything before the enacting clause
30
31 and insert:
3
4:27 PM 04/21/06 s0408d-ju32-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 408
Barcode 170880
1 A bill to be entitled
2 An act relating to adoption; amending s.
3 63.054, F.S.; requiring a petitioner in a
4 proceeding for termination of parental rights
5 to provide notice to the Office of Vital
6 Statistics of the Department of Health;
7 prohibiting the office from recording a claim
8 of paternity after the date that a termination
9 of parental rights is filed; requiring the
10 department to remove a registrant's name from
11 the Florida Putative Father Registry upon a
12 finding that the registrant has no parental
13 rights; amending s. 63.062, F.S.; modifying
14 consent required for adoption; amending s.
15 63.182, F.S.; providing that the interest that
16 entitles a person to notice of an adoption must
17 be direct, financial, and immediate; providing
18 an exception; providing that a showing of an
19 indirect, inconsequential, or contingent
20 interest is wholly inadequate; providing
21 construction and applicability; providing an
22 effective date.
23
24
25
26
27
28
29
30
31
4
4:27 PM 04/21/06 s0408d-ju32-t01